Page:United States Statutes at Large Volume 35 Part 1.djvu/647

 630 SIXTIETH CONGRESS. Sess. II. Ch. 146. 1909. zation of departments, staff corps, regiments, battalions, companies, troop, and battery so as to con orm to any organization, system of drill, or instruction now or hereafter adopted for the Army of the United States or the organized militia, and for that urpose the number of officers and enlisted men of any grade in cliipartments, staff corps, regiments, battalions, companies, troop, and battery may be incfieased to the extent made necessary by the new positions thus create. vox. za, p. m, Strike out all of sections twelve, thirteen, fourteen, fifteen, sixteen, ’“"°“d°d‘ and seventeen; change the number of section eighteen to twelve; and amend section nineteen to read as follows: omceigs. _ "Smo. 13. That all officers shall be commissioned by the President ,,,?,,"§§"j§}§'§°b‘§‘L({§°,YI of the United States, on the recommendation of the commanding ¤¤¤di¤88°¤°*¤*· general. That theyl shall bemnomiplatipd as hereinhprowgéded. No person commissione as an officer s a assume suc ran or enter upon the duties of the office to which he may be commissioned until omni. he has accepted such commission and taken such oaths or affirmation as may be prescribed." . u;‘]};,B£5· P- "5» hStril;e toni} sgi of sections twenty and twenty-one and insert in lieu tereoteoowi: egomgindomofnw. "Smo. 14. Thatitfie officers of the staff departments, staff co, " °°”“ and the organizations created by this Act w en organized shalflbia nominageél lay the commanding general, subject to the examination re uire y aw. f ;Stril<e out all of section twenty-two and insert in lieu thereof the o owmg: Lane ummm, pm· "Sec. 15. That vacancies existing or hereafter occurring in the m‘° °"‘ cavalry, coast artillery corps, field artillery, and infantry above the grade of second lieutenant shall, subject to the examination required y law, be filled by promotion according to seniority from the next lower grade in the troop, the separate company, the field battery, the seplarate battalion, and the regiment in which the vacancy occurre. Following section twentytwo and between that section and section twenty-three insert the fo lowing additional section: h_§£o§<;n<:_ géguygnsuts. "Sec. 16. That hereafter all appointments to the grade of second “ " ‘ lieutenant shall be from the enlistex men, under regulations prescribed By pie commanding general, and subject to the examination required y 11.W. f Strike out all of section twenty-three and insert in lieu thereof the o owmg: p`_§I;*gg;¤;f**°¤¤ '°’ "Sec. 17. That the commanding general be, and he is hereby, authorized to prescribe a system of examination to be conducted at such times anterior to the accruing of the right to promotion as mav be best for the interest of the service. If any officer fails to appear for examination within thirty days after notification to so appear or fails to pass a satisfactory examination and is reported unfit for _ promotion, the officer next below him in rank, having assed said {_@'§}"{’é,,,,,,,, ,0, examination, shall receive the promotion: Ami provided, 'flhat should 1>¤y¤i¤=¤¤<1i¤¤b*¤*¤v- {the officer frail in his ph}%SlC}§;.l exapiénation and be found incapacitated or service v reason o p ysica isabilit r contracted in the line of duty he shall be retired with the rank to gihich his seniority entitled him to be promoted; but if he should fail for any other reason he S¤¤P¤¤¤i<>¤· m- shall be suspended from promotion for ninety davsi when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged." Following section twenty-three and between that section and _ _ section twenty-four insert the following additional sections: mgigqggggggaclegef Sec, 18, That the commanding general be, and he is hereby, authorized to prescribe a system o examination of enlisted men to determine their fitness for promotion to the grade of second lieutenant.