Page:United States Statutes at Large Volume 31.djvu/808

 756 FIFTY-SIXTH CONGRESS. Sess. II. Ch. 192. 1901. Persons not over forty years of age who shall have at any time served as volunteers subsequent to April twenty-first, eighteen hundred and ninety-eight, may be ordered before hpards oigofficers for such examination as may be prescribed by the Secretary of War, and those who establish their fitness before these examining boards may be appointed to the grades of first or secondlieutenant in the Regular Army, taking rank in the respective grades. according to seniority as determined by length of prior commi sioned service; but no person appointed under the provisions of this section shall be placed above another in the same grade with longer commissioned service and nothning herein contained shall chan e the relative rank of officers heretofore _ commissioned in the Regular Ermy. _ ,,s*g{’°,;';',{¤g§*;gg0$1’g Enlisted men of the egular Aring or volunteers may be gpplointed ggiawmum author- second lieutenants in the Regular rmy to vacancies creat y this ‘ Act, provided that they shall have served one year, under the same gmditions now authorized by 'aw for- enlisted men of the Regular rmy. m§‘§gg$;;;,yQ;lQ% Sec. 29. That to iill vacancies occurring from time to time in the recruits m outside several organizations serving without the hmits of the United States '°g‘m°“°““°°h°"'°°‘ with trained men, the President is authorized to enlist recruits in numpers eqhual to four;] per centum in excess of the total strength authorized ~— or suc or n1za ions. · ul*;fst'gg:§uf°’ Sec. 30. gllhat the President is authorized to maintain the enlisted ` force of the several or nizations of the Army at their maximum strength as fixed by this gat during the present exigencies of the service, or until such time as Congfess may hereafter otherwise direct: mviable d iS_ fropgded,  in thede¥)en{.a of thedenlistmteflit of asolidier ir; the Army charge on account of Ol` 6 B1'10 YB l11I‘6 W, 3.11 8. B1` 9 BX 1I’8. 1011 0 OBB BRI ‘*°P°“d°“‘¥”“'°“‘· of servilde, should eitheryof his parents die, lealifing the other sdlely dependent upon the soldier for support, such soldier may, upon his own eipglication, be honorably disc arged from the service of the gnite tate%pon due proof being made of such condition to the i ecretary o ar. " _ . _ ' mlgI<;=¥?£¢;gc$1?i;;;;°d Sec. 31. That the Secretary of War is authorized to detach from ' the Army at large such number of enlisted men as may be necessary to perform duty` at the various recruiting stations, and while performielg such duty one member of each party shall have the rank, pay, and `a owances of sergeant, and one the plank, pay, and allowances of tcoiéporal of the arm of the service to w ich they respectively belong. m{‘!{<3¥ig¤&ggg}pg;<&?heé  R32. Ting: gvhtep the exegencies of the servipe of any officler wig examination. wou _ e en r e promo ion upon examina 10D r u1re 1m remain absent from any place where an examining billird could be convened, the President is hereby authorized to promote such officer, ‘ subject to examinationaand the examination shall take place as soon thereafter as practicabie. If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the proceed- ` ings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion. ‘ m%l§>iPzg5¤;?=§g; ble; Sec. 33. The President of the United States is hereby authorized to qici-geiimis ici re select from the brigadier-generals of volunteers two volunteer officers, “""“°“‘· without regard to age, and, by and with the advice and consent of the Senate, apipoint them brigadiengenerals, United States Army, for the purpose o lacing them on the retired list. -¤¤¤5<¤·8¤¤¢¤¤· And the Igresident is also hereby authorized to select from the retired , list of the Army an officer not above the rank of brigadier-general who may have distinguished himself during -the war with Spain, in command of a separate army, and to appomt, by and with the advice and consent of the Senate, the officer so se ected to be ma]o1·-general, United States Army, with the ay and allowances established by law for officers of that grade on &e retired list.