Page:United States Statutes at Large Volume 26.djvu/616

 562 FIFTY-FIRST CONGRESS. Sess. I. CHS. 1240, 1241. 1890. be subject to disposal, to actual settlers_ thereon, according to the me excepted. provisions of éhe omesteaél law? oéily, Evithtthe exceptionlptf the lland reserved by xecutive or er o i ay wen y-secon, eig een undred and seventy-seven, one mile square for town site purposes, which shall not be affected by this act. Approved, October 1, 1890. October 1, 1890. CHAP. 1241.-An act to provide for the examination of certain oincers of the -——-·—··· Army and to regulate promotions therein. Be it enacted by the Senate and House of Representatives of the nxamination of cer- United States of America in Congress assembled, That hereafter pro- 2;*,,*;,, °E,‘f'S,g?,{,t§},‘§ motion to every grade in the Army below the rank of brigadiepgen- ¤f(pr5m¤¤$¤· b . _ eral, throughout each arm, corps, or department of the service, shall, mst2z32m °it 3;-eh subject to the examination hereinaftetp prpvédid for, be made accord- ¤¤¤E· . . ing to seniority in the next ower gra eo t a arm, corps, or e artseniencyilm ment: Provided, That in the line of the Army all officers now above f{§’,‘f,”‘§;mcm ,,0, the grade of second lieutenant shall, subject to such examination, nbovn ¤¤¤¤¤¤-li°¤°°¤· be entitled to promotion in accordance with existing laws and reg- °°°’ ulations. _ Assignment wg Sec. 2. That officers of grades in each arm of the service shall be Q? °f °m°°” ° assigned to regiments, and transferred from one regiment to another, m gs thevtinterpsts gfhthe séegvicpl may repuireé by 211; airs from Eh? War ¤¤¤ ¤Pv<>i¤°¤*°¤ epa men, an erea r a appoin men s in e ine o e rmy °»ZgL€i.’¤.°°d °°t w shall be by commiplsion in an arm of the service and not by commission in an artic ar re `ment. Exnmmnnon fpr M; Sec. 3. Tliat the Presiddnt be, and he is hereby, authorized to pre- '*°"“°'  ° scribe a s stem of examination of all officers of the Arm below the muexowmnam Y _ Y rank of major to determine their ntness 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: aww. Provided, That the President may waive the examination for pro- ,xY;§§u’§{{,’f},°§f,§{,",?§‘§'l motion to ang grade in the case of any officer who in pursuance of Mnzlnw- existing liw as passgdtlp. satisfajtocpy examipatliplntfop such giplade Fnuvnew 1>n=¤.¤¤=· rior to the passage o is act: n provide, a i any o `cer tails to piss ahpatisfactoiylexamination alrgdgs reported iénfit ger promotion, the 0 cer next e ow him in ran, aving asse said exam- _ Retirementou phys- ination, shall receive the promotion: And iprovideeg That should the {°;{,m§'{‘:}‘f,{§{, §,§}§f officer fail in his physical examination and e found incapacitated for sarge; bytreasion ppysicalslgsability <f1ontracted_ gn limetpflrlpty he s a e re ire wi e ran o w 10 is semoriiy en 1 · ee um o Failure for other be promoted; but if he should fail for any other reason he shall be "°”°"‘ suspended from promotion for one year, when he shall be re-exammgngprc on rwxnm- inec ,1 a121d iii case of failure on such re:-examination he shall be hon- ` orab y isc ar ed with one year’s pay rom the Army; And provided Examination er em- farther, That the examination of officers appointed in the Army from §€,.‘§,§{R§§Y’°° f"°'" civil life, or of officers who were officers o volunteers only, or were ofiicers of the militia of the several States called into the service of the United States, or were enlisted mer; in the regular or volunteer service, either in the Army, Navy, or N arine Corps, uring the war mgQd’QP°¤i°*°° °* of the rebellion, shall be conducted by boards composed entirely of _ " officers who were appointed from civil life or of officers who were · officers of volunteers only during said war, and such examination P¤¢¤¤¤l Sums shall relate to iitness for practical service and not to technical and num-e. scientific knowledge; and in case of failure of any such officer in the re-examination hereinbefore rovided for, he shall be laced upon the cbww retired list of the Army; and no act now in force shall be so con- ‘ stiéueidfas to limit or restrict the retirement of officers as herein pro- V1 e or. Approved, October 1, 1890.