Page:United States Statutes at Large Volume 38 Part 1.djvu/376

 SIXTY-THIRD CONGRESS. Sess. II. Ch. 72. 1914. 357 but whose commission in the lower grade held by him in said staff corps or steii department at the time of his appomtment under said Act to an office of higher grade has been vacated, the President may, by and with the advice and consent of the Senate, appoint said officer to be an officer of the grade that he would have held, and to occupy the relative position that he would have occ€uf>ied, in said staff corps or staff department if he had not been appoint to said office with rank above To be wm, as ad that of colonel; and if under the operation of thisproviso the number of emma number. ` officers of any particular grade in any staff corps or staff detplartment shall at any time exceed the number authorized by law o er than this Act no vacangy occiuring in said zjrade shall be Elled until after the total number o officers therein sh have been reduced below the number so authorized: And provided further, That after September ,,§,°°,§§*Y•f,*,?_’;m,s°¤u;?,*;; first, nineteen hundred and fourteen, in time of peace, whenever any mnt w1¤¤¤1=t or officer holding a permanent commission in the line of the Army, m§‘},?g,,_m_ with rank of colonel, lieutenant colonel, or major, shall not have been actually present for duty for at least two years of the lest preceding six years with a. command composed of not less than two troops batteries, or companies of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such command for duty of silily kind except F dum { as hereinafter specifically provided; and all pay and owances shall .,m§,.-;.,, vi.,&_b’ be forfeited by any superior for any period durmgl which, by his order or his permission, or by reason of his ailure or neg act to issue or cause to be issued the propler order or instructions at the proper time, any omcer shall be detac ed or permitted to remain detached in violation of any of the terms of this Act; but nothing in this Act shall be held to mfnff °‘“’“‘ °°"" apply in the case of any officer for such period as shall be actually necessag for him, after having been relieved from detached service, to join e organization or command to which he shall belong in that branch in_ which he shall hold a. permanent commission; nor shall D°“*““°*°°P‘°°· anything m this Act be held to ap ly to the detachment or detail of officers or duty in connection with) the construction of the Panama Canal until after such canal shall have been formally oppned, or in connection with the Alaska Road Commission or the las a Railroad or the Bureau of Insular Affairs; and nothing in this Act shall prevent R°d°"*"‘ "“°"°“· the redetail of officers above the grade of major to fill vacancies in the various staff co s and departments as lprovided for léy section "°‘·°1·P·"°5· twenty-six of thelgct of Congress approved ebruary secon, nineteen hundred and one: Provided {url er, That whenever the service c,.§,§’§'f,§§`§,b,§},‘{,'{,1”{,‘l,;’,{ record of any field officer is to e ascertained for the purposes of this gjgémg, duty Wm Act, all duty actually performed by him during the last preceding ' six years, in a grade below that o major, in connection with mai statutory organization of that branch of the   in which he sh hold a permanent commission, or as e. staff officer of any coastdefense or coastrartillery district, shall be credited to him as actual presence for duty with a command composed as hereinhefore Egescmbed: And provided further, That temporary duty of ang d d,$‘,Z°c°§,'“.§,,.§’§% hereafter performed with United States troops in the fiel for a ,1;gf,$,¤°° with °°¤*· period or periods the aggregate of which shall not exceed sixty days in any one calender year, and duty hereafter fgerformed in command of United States Army mine planter by an officer ed to a compaxnfy from_ which this detachment is drawn, and duty hereafter pe ormed in command of a. machine-gum platoon or a machine-gnm unit, by any officer who, before assi ent to such duty, shall have been regularly assigned to, and shagullfive entered upon duty with, an orgamzation or a_ command the detachment of certain officers Vdfrom which IS prohibited by the Act of Congress approved Augylt °7"‘m‘ twenty-fourth, nineteen hundred and twelve, or by  Act s, for the purposes of said Acts, hereafter be counted as actual presence for duty with such organization or command.