Legislative provision for the services of Engineer officers with the Revolutionary armles was made at a relatively early stage in the progress of the war by a resolution of Congress of June 16, 1775, which authorized the employment of Engineer officers at the headquarters of the Army and in the several departments. Col. R. Gridley was appointed Chief Engineer by General Washington, and his services were recognized and continued in that capacity by a resolution of Congress dated Jan. 16, 1776. The difficulty of obtaining trained engineers in the Continental establishment made it necessary to secure such services abroad, and the action of the American commissioners in Paris, in employing several members of the French Corps of Engineers, was approved by Congress in a resolution dated July 8, 1777. A Corps of Engineers was subsequently established by the resolution of Mar. 11, 1779, and M. Duportail, an officer of the Royal Engineers of France, was placed at its head, with the rank of brigadier general. This corps continued in service until the close of the war, not having been disbanded until Nov., 1783. A Corps of Artillerists and Engineers was established by the act of May 9, 1784 (1 Stat. 366). This organization was required to be "completed" by the act of Mar. 3, 1795 (id. 430), and an additional regiment of artillerists and engineers was added to the establishment by the act of Apr. 27, 1798 (id. 552). The seventeenth and eighteenth sections of the act of Mar. 3, 1799 (id. 755), passed in contemplation of war with France, authorized the appointment of two engineers "distinct from the Corps of Artillerists and Engineers," with the rank and pay of lieutenant colonels, and conferred power upon the President, in his discretion, to appoint an inspector of fortifications, who was to have the rank of major and was to be selected from the artillerists and engineers, or from civil life. If he was appointed from the existing corps, he was to retain his office and was to rise "therein in the same manner as if he had never been appointed to the said office of inspector."

The functions of the Artillerists and Engineers were dissociated by the act of Mar. 6, 1802 (2 id. 132), which created a regiment of Artillery and authorized the President to organize and establish a Corps of Engineers to consist of 1 major, 2 captains. 2 first lieutenants, 2 second lieutenants, and 10 cadets; provision was made in the same enactment for the gradual expansion of the corps by a clause conferring authority upon the President to make promotions "without regard to rank" until the corps should consist of 1 colonel, 1 lieutenant colonel, 2 majors, 4 captains, 4 first lieutenants, and 4 second lieutenants. By the act of Apr. 29, 1812 (2 id. 720), 2 captains, 2 first lieutenants, 2 second lieutenants, "to be taken from the subaltern officer of Engineers," and 1 paymaster and a company of bombardiers, sappers, and miners were added to the existing establishment. The composition of this corps was not changed by the acts of Mar. 3, 1815 (3 id. 224), and Apr. 4, 1818 (id. 426), for the reduction and reorganization of the staff, nor was its organization modified at the general reduction of Mar. 2, 1821 (id. 615).

By sec. 4 of the act of July 5, 1838 (5 Stat. 257), a Corps of Topographical Engineers was established, and by sec. 2 of said act the President was authorized to increase the

Corps of Engineers by the addition of 1 lieutenant colonel, 2 majors, 6 captains, 6 first lieutenants, and 6 second lieutenants, and the pay of Engineer officers was fixed at the rates established by law for officers of dragoons. By sec. 3 of the act of July 5, 1838, the paymaster authorized by the act of Apr. 12, 1808, was transferred to the Pay Department. A second company of Engineer soldiers was added to the corps by sec. 4 of the act of May 15, 1846 (9 id. 12). By the act of Mar. 3, 1851 (id. 62), the President was authorized to employ officers of Engineers on lighthouse duty, and by sec. 8 of the act of Aug. 31, 1852 (10 id. 119), officers of the corps were required to be attached to the Lighthouse Board as member and engineer secretary, respectively. By sec. 9 of the act of Mar. 3, 1853 (id. 119), lieutenants of engineers, after 14 years' continuous service, were to be entitled to the pay and allowance of captains. By sec. 3 of the act of Aug. 5, 1861 (12 id. 287), 3 first lieutenants and 3 second lieutenants were added, and the organization of 3 additional companies of Engineer soldiers was authorized by the act of Aug. 6, 1861 (id. 317); 2 lieutenant colonels and 4 majors were added to the strength of the corps "by regular promotion." The Corps of Topographical Engineers was discontinued by the act of Mar. 3, 1863 (id. 743), and its officers were merged In the Corps of Engineers. Examinations were also required, in all grades below that of field officer, as a condition precedent to promotion. The composition of the corps was fixed, by the same enactment, at 1 brigadier general, 4 colonels, 10 lieutenant colonels, 20 majors, 30 captains, 30 first lieutenants, and 10 second lieutenants. By sec. 19 of the act of July 28, 1866 (14 id. 333), the strength of the corps was fixed at 1 brigadier general, 6 colonels, 12 lieutenant colonels, 24 majors, 30 captains, 26 first lieutenants, and 10 second lieutenants. By sec. 6 of the act of Mar. 3, 1869 (15 id. 318), appointments and promotions in the several departments of the staff were suspended until otherwise directed by Congress. This requirement was removed, however, as to all officers below the grade of brigadier general by the act of June 10, 1872 (17 id. 382), and repealed as to the Chief of Engineers by the act of June 30, 1879 (21 id. 45).

The Corps of Engineers was authorized by R. S. sec. 1094, and its composition was prescribed by R. S. sec. 1151, and the composition of the battalion of Engineers and of each company was prescribed by R. S. secs. 1154 and 1155, and by the act of July 5, 1898 (30 id. 652), the strength of the Corps of Engineers was fixed at 1 brigadier general, 7 colonels, 14 lieutenant colonels, 28 majors, 35 captains, 30 first lieutenants, and 12 second lieutenants.

By sec. 22 of the act of Feb. 2, 1901 (31 Stat. 754), the strength of the department was fixed at 1 Chief of Engineers with the rank of brigadier general, 7 colonels, 14 lieutenant colonels, 28 majors, 40 captains, 40 first lieutenants, and 30 second lieutenants. The enlisted force was also increased by the addition of 2 battalions of Engineer troops. It was also provided that the troops of the 3 Engineer battallons and the officers of Engineers assigned to duty therewith should constitute a part of the line of the Army.

By the act of Apr. 23, 1904 (33 Stat. 263), the strength of the corps was fixed at 1 Chief of Engineers with the rank of brigadier general, 10 colonels, 16 lieutenant colonels, 32 majors, 43 captains, 43 first lieutenants, and 43 second lieutenants. By sec. 5 of the act of Feb. 27, 1911 (36 Stat. 957), the corps was increased by 5 colonels, 6 lieutenant colonels, 19 majors, 17 captains, and 13 first lieutenants the increase to be extended over a period of 5 years as nearly as practicable.

By sec. 11, act of June 3, 1916 (39 Stat. 173), it was provided that the commissioned personnel should consist of 1 Chief of Engineers (brigadier general), 23 colonels, 30 lieutenant colonels, 72 majors, 152 captains, 148 first lieutenants, and 79 second lieutenants. That act was superseded by sec. 11, act of June 4, 1920, post, 595.

It was provided by sec. 11, act of Feb. 2, 1901, and sec. 11, act of June 3, 1916, that the enlisted force of Engineers provided by these acts and the officers serving with them should be troops of the line.

The Corps of Engineers is designated as a combatant arm of the Army, by sec. 2, act of June 4, 1920, post, 2118.

The Corps of Topographical Engineers.-The act of Mar. 3, 1813 (2 Stat. 819), authorized the appointment of 8 topographical engineers with the rank of major of Cavalry and 8 assistants with the rank of captain of Infantry; but this force was reduced to 2 majors by the act of Mar. 3, 1815 (id. 224). By the act of Apr. 24, 1816 (ld. 297), 3 majors and 2 assistants with the rank of captain were authorized for each division of the Army. On July 2, 1818, these officers were merged, by general orders, in the Corps of Engineers. In Aug., 1818, a Topographical Bureau was established in the War Department, the duties of the bureau being performed by officers detailed from the line. By the act of Apr. 30, 1824 (4 id. 22), civil assistants were authorized

to be employed, and on June 21, 1831, the Topographical Bureau was formally constituted, in general orders, as a separate office of the War Department.

The Corps of Topographical Engineers eo nomine was established by sec. 4 of the act of July 5, 1838 (5 Stat. 257), to consist of 1 colonel, 1 lieutenant colonel, 4 majors, 10 captains, 10 first lieutenants, and 10 second lieutenants, who were to be appointed by selection from the Corps of Engineers, from the line of the Army, and from the civil engineers authorized by the act of Apr. 30, 1824. The corps as thus constituted was increased by sec. 2 of the act of Aug. 5, 1861 (12 id. 287), by the addition of 3 first lieutenants and 8 second lieutenants, and, by the act of Aug. 6, 1861 (ld. 317), by the addition of 2 lieutenant colonels, 4 majors, and 1 company of Engineer soldiers. The corps was discontinued by the act of Mar. 3, 1863 (12 Stat. 743), its officers being merged in the Corps of Engineers.

595. Composition.-The Corps of Engineers shall consist of one Chief of Engineers with the rank of major general, one assistant with the rank of brigadier general, six hundred officers in grades from colonel to second lieutenant, inclusive, and twelve thousand enlisted men, such part of whom as the President may direct being formed into tactical units organized as he may prescribe. Sec. 11, act of June 3, 1916 (39 Stat. 173), as amended by sec. 11, act of June 4, 1920 (41 Stat. 768).

For general provision under which the Chief of Engineers received the rank, pay, and allowances of a major general, see see. 3, act of Oct. 6, 1917, post, 2342.

596. Selection of the Chief of Engineers.-The

*

Chief of Engineers shall be appointed by selection from the corps to which they belong.

R. S. 1193.

Provided, That the Chief of Engineers shall be appointed as now provided by law, Sec. 22, act of Feb. 2, 1901 (31 Stat. 754), as amended by act of Apr. 23, 1904 (33 Stat. 263).

See 2326, post.

597. Appointment of second lieutenants.

Vacancies in the grade

of second lieutenant in the Corps of Engineers shall hereafter be filled, as far as may be consistent with the interests of the military service, by promotions from the Corps of Cadets at the United States Military Academy: Provided, That vacancies remaining in any fiscal year after the assignment of cadets of the class graduating in that fiscal year may be filled from civil life as hereinafter provided: And provided further, That the proportion of any graduating class assigned to the Corps of Engineers shall not be less than the proportion which the total number of officers authorized at date of graduation for that corps bears to the total number of officers authorized at same date for all branches of the Army to which cadets are eligible for promotion upon graduation, except when such a proportionate number is more than the number of vacancies existing at date of graduation plus the number of retirements due to occur in the Corps of Engineers prior to the first day of the following January. To become eligible for examination and appointment, a civilian candidate for the appointment as second lieutenant must be an unmarried citizen of the United States between the ages of twenty-one and twenty-nine, who holds a diploma showing graduation in an engineering course from an approved technical school, and is eligible for appointment as a junior engineer under the Engineer Bureau of the War Department. Selection of eligible civilians for appointment, including term of probation, shall be made as the result of such competitive examination into the mental, moral, and physical qualifications, and under such rules and regulations as shall be recommended by the Chief of Engineers and approved by

the Secretary of War.

Sec. 5, act of Feb. 27, 1911 (36 Stat. 957), making appropriations for river and harbor expenses.

But see 2269, post.

Other provisions relating to the composition of the Corps of Engineers are contained in act Feb. 2, 1901, sec. 22, as amended by act Apr. 23, 1904, and act June 3, 1916, sec. 11 (39 Stat. 174), and relating to promotions in the Corps by said act Feb. 2, 1901, sec. 22, as amended by act Apr. 23, 1904, and a provision of act June 3, 1916, sec. 24. The appointment to the Corps of Engineers of any officer graduated from the Military Academy at the head of his class, not then in the Corps, was provided for by a provision of sec. 13, act of Mar. 2, 1899 (30 Stat. 980).

*

*

593. Promotions.and hereafter vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled by promotion, according to seniority, from the Corps of Engineers. * Sec. 22, act of Feb. 2, 1901 (31 Stat. 754), as amended by act of Apr. 23, 1904 (33 Stat. 263). # The increase in each grade hereby provided for shall be extended over a period of five years as nearly as practicable, and the original vacancies hereby created in each grade shall be filled by promotion from the next lower grade in accordance with existing law: * Sec. 5, act of Fcb. 27, 1911

(36 Stat. 957).

*

Formerly promotion in this corps was subject to examination, according to R. S. 1206. But see 2279, post.

599. Promotion of lieutenant with 14 years of service.-When any lieutenant of the Corps of Engineers has served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of captain, on passing the examination provided by the preceding section, but such promotion shall not authorize an appointment to fill any vacancy, when such appointment would increase the whole number of officers in the corps beyond the number fixed by law; nor shall any officer be promoted before officers of the same grade who rank him in his corps. R. S. 1207.

Section twelve hundred and seven is amended by inserting after the word "engineers" in the first line, the words "or Ordnance Corps." Act of Feb. 27, 1877 (19 Stat. 243), amending R. S. 1207.

But see 2279, post.

Notes of Decisions.

Promotion for continuous service.--An officer of the Engineer Corps who has unsuccessfully undergone examination for promotion under 598, ante, and in consequence has been suspended from promotion for one

year as provided by that section, is not, during the period of such suspension, qualified for promotion on account of continuous service under this section. (1883) 17 Op. Atty. Gen. 571.

600. Limits of duty.-Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profession, except by the special order of the President. They may, at the discretion of the President, be transferred from one corps to another, regard being paid to rank. R. S. 1158.

But see 2353, post.

Employment of retired officers of the Army and Navy on river and harbor improve ment was provided for by sec. 7, act of June 3, 1896 (29 Stat. 235), post, 2443.

The detail of officers of the Engineer Corps, for consultation or to superintend the construction or repair of any aid to navigation was authorized by act June 17, 1910, sec. 11 (36 Stat. 538).

Officers of the Army and Navy were to be employed, as far as compatible with the successful prosecution of the work, in the coast survey, by R. S. secs. 4684, 4687.

The organization of a board of five Engineer officers required to perform the duties imposed by the Chief of Engineers, and to consider and report on all reports and surveys for river and harbor improvements, was provided for by act June 13, 1902, sec. 3, post, 1514.

Notes of Decisions.

and unty of San Francisco to use the Hetch Ketchy Valley, in the Yosemite National Park, for maintaining a water supply for municipal purposes. (1910) 28 Op. Atty. Gen. 270.

Limits of duty. The oversight and inspection of a public work, requiring science and skill to construct it, is the appropriate duty of an engineer, as also the disbursement of public moneys applicable to any such work about the execution of which an engineer may be engaged, (1860) 9 Op. Atty. Gen. 463.

601. Duties of enlisted men.-The enlisted men of the engineer battalion shall be instructed in and perform the duties of sappers, miners, and pontoniers, and shall aid in giving practical instruction in those branches at the Military Academy. They may be detailed by the Chief of Engineers to oversee and aid laborers upon fortifications and other works in charge of the Engineer Corps, and, as fort-keepers, to protect and repair finished fortifications. R. S. 1157.

One company of bombardiers, sappers, and miners was authorized by the act of Apr. 29, 1812 (2 Stat. 720), to be officered from the Corps of Engineers; this company was disbanded at the general reduction of 1821, act of Mar. 2, 1821 (2 id. 615). A similar company, to be officered in the same manner, was authorized by the act of May 15, 1846 (9 id. 12); three additional companies were provided for in sec. 4 of the act of Aug. 6, 1861 (12 id. 317). A sergeant-major, quartermaster-sergeant, and commissary-sergeant were authorized by sec. 4 of the act of June 20, 1864 (13 id. 144). By sec. 20 of the act of July 28, 1866 (14 id. 335), the enlisted establishment of the Corps of Engineers was fixed at five companies, with the battalion sergeant-major and quartermaster-sergeant already authorized by law. The grade of battalion commissary-sergeant was discontinued by section 10 of the act of July 15, 1870 (15 id. 318). Section 7 of the act of Mar. 2, 1899 (30 Stat. 979), contained the requirement that the battalion of Engineers and the officers serving therewith should constitute a part of the line of the Army; this provision was reenacted in sec. 22 of the act of Feb. 1, 1901 (31 Stat. 754); by sec. 11 of the same enactment the enlisted force of the Engineer Corps was increased to three battalions of engineer troops and a band.

602. Vacant.

603. Use of the Library of Congress.-That the Joint Committee of Congress on the Library is authorized to extend the use of the books in the Library of Congress to the Chief of Engineers of the Corps of Engineers United States Army, resident in Washington, on the same conditions and restrictions as members of Congress are allowed to use the Library. Joint Res. 41, Aug. 28, 1890 (26 Stat. 678).

604. Military surveys and maps.-For the execution of topographic or other surveys, the securing of such extra topographic data as may be required, and the preparation and printing of maps required for military purposes, to be immediately available and remain available until December 31, 1921, $100,000: Provided, That the Secretary of War is authorized to secure the assistance, wherever practicable, of the United States Geological Survey, the Coast and

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