CHAPTER XIII. THE STAFF DEPARTMENTS-GENERAL VISIONS-DISBURSING OFFICERS. PRO 455. Chiefs of departments ap- 461. Officers appointed from civil pointed by selection. 456. Vacancies in staff, how filled. 457. Promotions. ity, subject to examination. 462. 459. Examinations for promotion. 463. 460. Examination of officers ap- Composition of boards. life may waive board or similar character. Examination of certain of- Transfers between line and Transfers of Engineer offi cers. Successor to absent chief of partments a p tion. July 28, 1866, c. 455. The Adjutant-General, the Quartermaster-General, Chiefs of dethe Commissary-General of Subsistence, the Surgeon-Gen-pointed by selec eral, the Chief of Engineers, the Chief of Ordnance, and the Paymaster-General shall be appointed by selection from the corps to which they belong.' 456. Hereafter all appointments to fill vacancies in the lowest grade of the Adjutant-Generals, Inspector-Generals, Quartermasters and Subsistence Departments respectively shall be made from the next lowest grade in the line of the Army. Act of August 6, 1894 (28 Stat. L., 234). The act of February 5, 1885 (23 Stat. L., 297), provides that the Inspector General shall be appointed, by selection, from the officers of the Inspector-General's Department. The act of August 6, 1894 (28 Stat. L., 234), makes a similar provision in respect to the Chief Signal Officer. For statutory provisions respecting appointments in the Medical, Ordnance, and Signal Departments see the chapters so entitled. 299, s. 23, v. 14, p. 336. Sec. 1193, R. S. Vacancies in staff, how filled. Aug. 6, 1894, v. 28, p. 234. Promotions. PROMOTIONS. 457. Promotions in the line shall be made through the Sec. 1204, B. S. whole Army, in its several lines of artillery, cavalry and infantry, respectively. Promotions in the staff shall be made in the several departments and corps respectively.1 be by seniority, nation. 26, p. 562. EXAMINATIONS FOR PROMOTION. Promotion to 458. Hereafter promotion to every grade in the Army subject to exami below the rank of brigadier-general, throughout each arm, Oct. 1, 1890, v. corps, or department of the service, shall, subject to the examination hereafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department. Act of October 1, 1890 (26 Stat. L., 562). (See Sec. 1204, R. S., par. 457, supra.) Examinations for promotion. 459. That the President be, and he is hereby, authorized Sec. 3, Oct. 1. to prescribe a system of examination of all officers of the 1890, v. 26, p. 562. Army below the rank of major to determine their fitness for promotion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service: Provided, That the President may waive the examination for promotion to any grade in the case of any officer who in pursuance of existing law has passed a satisfactory exami nation for such grade prior to the passage of this act: And provided, That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said examination, Retirement on shall receive the promotion: And provided, That should due to physical the officer fail in his physical examination and be found tracted in line of incapacitated for service by reason of physical disability duty. contracted in line of duty he shall be retired with the rank failure to pass disability con 1 See, also, section 1 of the act of October 1, 1890 (26 Stat. L., 252). So much of section 1194, Revised Statutes, as prohibited appointments and promotions in the AdjutantGeneral's, Inspector General's, Pay, Quartermaster's. Subsistence, Ordnance, and Medical Departments, was repealed; as to the Adjutant-General's Department, by the act of March 3, 1875 (18 Stat. L., 478); as to the Inspector-General's Depart ment, by the act of June 23, 1874 (18 Stat. L., 244); as to the grade of major in the Pay Department, by the act of March 3, 1875 (18 Stat. L., 524), and the act of March 3, 1877 (19 Stat. L., 270); as to the Quartermaster's Department, by the act of March 3, 1875 (18 Stat. L., 338); as to the Ordnance, Subsistence, and Medical Departments, by section 8 of the act of June 23, 1874 (18 Stat. L., 245). The act of March 3, 1877 (19 Stat. L., 270), declared that this section "now applying only to the grades in the Pay Department of the Army above the rank of major is hereby repealed" (19 Stat. L., 270). The act of June 23, 1874, contained the provision that as vacancies shall occur in any of the grades of the Ordnance and Medical Departments, no appointments shall be made to fill the same until the numbers in such grade shall be reduced to the numbers which are fixed for permanent appointments by the provisions of this act; and thereafter the number of permanent officers in said grades shall continue to conform to said reduced numbers, and all other grades in said Ordnance and Medical Departments than those authorized by the provisions of this act shall cease to exist as soon as the same shall become vacant by death, resignation, or otherwise; and no appointment or promotion shall hereafter be made to fill any vacancy which may occur therein. The same statute also provided that no officer now in the service shall be reduced in rank or mustered out by reason of any provision of law herein made reducing the number of officers in any department or corps of the staff. for other reasons. examination. civil life, etc. to which his seniority entitled him to be promoted; but if he should fail for any other reason he shall be suspended Failure from promotion for one year, when he shall be reexamined, and in case of failure on such reexamination he shall be Failure on rehonorably discharged with one year's pay from the Army. 460. That the examination of officers appointed in the Examination of officers apArmy from civil life, or of officers who were officers of pointed from volunteers only, or were officers of the militia of the Sec. 3, ibid. several States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the war of the rebellion, shall be conducted by boards com- Composition of posed entirely of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific knowledge; and in case of failure of any such officer in the reexamination hereinbefore provided for, he shall be placed upon the retired list of the Army; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. Sec. 3, act of October 1, 1890 (26 Stat. L., 562). boards. Failure. waive board of ter. 461. That officers entitled by this section to examina- Officers appointed from tion by a board composed entirely of officers who were civil life may appointed from civil life, or who were officers of volunteers similar characonly during the war, may, by written waiver filed with the July 27, 1892, v. War Department, relinquish such right, in which case the examination of such officers shall be conducted by boards composed as shall be directed by the Secretary of War. Act of July 27, 1892 (27 Stat. L., 276). 462. That the examination of officers of the Corps of Engineers and Ordnance Department, who were officers or enlisted men in the regular or volunteer service, either in the Army, Navy, or the Marine Corps, during the war of the rebellion, shall be conducted by boards composed in the same manner as for the examination of other officers of their respective corps or department; and the examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, respectively. Sec. 2, act of July 27, 1892 (27 Stat. L., 276). TRANSFERS TO THE STAFF. 27, p. 276. Examination of certain officers of Engineers and Sec. 2, July 27, Ordnance. 1892, v. 27, p. 276. be tween line and 463. Officers may be transferred from the line to the Transfers staff of the Army without prejudice to their rank or pro- staff. motion in the line; but no officer shan hold, at the same 1919-11 Sec. 1205, R. S. Transfers of engineer officers. Sec. 1158, R. S. time, an appointment in the line and an appointment in the staff which confer equal rank in the Army. When any officer so transferred has, in virtue of seniority, obtained, or become entitled to, a grade in his regiment equal to the grade of his commission in the staff, he shall vacate either his commission in the line or his commission in the staff. 464. 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. Successor to absent chief of MISCELLANEOUS. 465. During the absence of the Quartermaster-General, bureau to be des or the chief of any military bureau of the War Departignated by the President. ment, the President is authorized to empower some officer of the Department or Corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of the department or corps, as the case may be, during such absence. Sec. 1132, R. S. 466. Bonds of disbursing officers; 477. Sureties released after five by whom to be given. 467. Security companies as sure- years without suit. 478. Inspection of disbursements. 479. To be reported to Congress. 480. Drafts for War and Navy Departments. 481. Advances of public money prohibited. 482. Exchange of funds restricted. 483. Premium on sales of public funds to be accounted for. Penalty for failure to deposit money. Duties of officers as custodians of public moneys. 486. Duties of disbursing officers. 487. Entry of each deposit, transfer, and payment. 474. Companies estopped from 488. Application of moneys ap denying power. 475. Penalty for failure to comply 489. 476. Sureties on official bonds. 490. Notice of principals' defi propriated. No expenditures beyond appropriations. Proceeds of sales to be deposited without deduction. ciency to be communicated 491. Proceeds of sales of old mate 492. Appropriations for subsist- 501. Custodians of public money failing to safely keep, with- Failure of officer to render 503. Failure to deposit as required. 493. Sales of unserviceable ord. 504. Provisions of five preceding nance. 494. Sales of useless ordnance; sections construed. 505. Record evidence of embezzle ment. proceeds available for pur-506. Refusal to pay draft prima facie chases of new material. 495. Accounts. evidence of embezzlement. 507. Evidence of conversion. 496. Distinct accounts required 508. under separate heads of appropriation. Unlawful receiving of money by banker, etc., to be em- Officers, etc., interested in larger sums than are paid. 510. United States officer accept 499. Disbursing officer unlawfully ing bribes, etc. depositing, converting, 511. Forfeiture of office. loaning, or transferring 512. Officer contracting beyond public money. 500. Failure of Treasurer, etc., to 513. Fraudulent notes to be BONDS. Bonds of dis whom given. bursing officers; Apr. 24, 1816, c. June 17, 1846, c. 28, 8. 2. v. 9, p. 17; Mar. 3, 1857,c.106, Aug. 23, 1842, c. 466. All officers of the Quartermaster's, Subsistence, and Pay Departments, the chief medical purveyor and assist- by ant medical purveyors, and all store-keepers shall, before 69, 8. 6, v. 3, p. 298; entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such 8. 2, v. 11, p. 203; sums as the Secretary of War may direct, faithfully account for all public moneys and property which they may c. 299, s. 17, v. 14, receive. The President may, at any time, increase the 1820, c. 102, s. 3, V. sums so prescribed. But the Quartermaster-General shall 3, p. 582; July 17, not be liable for any money or property that may come into. 12, p. 600; Feb. the hands of the subordinate officers of his department. to 186, s. 2, v. 5, p. 512; July 28, 1866, p. 334; May 15, 1862, c. 201, s. 16, 27, 1877, v. 19, p. 243. Sec. 1191, R.S. panies as sure Aug. 13, 1894, v. 467. That whenever any recognizance, stipulation, bond, Security comor undertaking conditioned for the faithful performance of ties. any duty, or for doing or refraining from doing anything 28, p. 279. in such recognizance, stipulation, bond, or undertaking specified, is by the laws of the United States required or For statutory requirements respecting bonds and sureties, in addition to those cited in this chapter, see the chapters entitled THE TREASURY DEPARTMENT, THE COURT OF CLAIMS, THE QUARTERMASTER'S DEPARTMENT, THE SUBSISTENCE DEPARTMENT, THE PAY DEPARTMENT, THE MEDICAL DEPARTMENT, and CONTRACTS AND PURCHASES. Officers of the Army and Navy are excepted from the provisions of section 3614, Revised Statutes, which require all special agents employed by the heads of the several Executive Departments in the disbursement of the public moneys to give bonds in such form and with such security as such heads of Departments may approve. This section does not apply to all commissioned officers of the Army who may be required to act as disbursing officers, but to such only as are regularly appointed disbursing officers and who are required, as such, to give bonds. Ex parte Randolph, 2 Brockenbrough, 447. See also U. S. v. Kirkpatrick. 9 Wh., 720; U.S.. Van Zandt, 11 Wh., 184; Dox v. Postmaster-General, 1Pet., 325; U. S. v. Linn. 15 Pet., 290, See, also, Par, 515 post. |