1097. Same-Company organization.-Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commissioned officers to be assigned from those hereinbefore authorized.1 Sec. 10, Act of Feb. 2, 1901 (31 Stat. 750). 1098. Same-Increase as to noncommissioned officers and pri vates.-The President, in his discretion, may increase the number of sergeants in any company of infantry to six, the number of corporals to ten, and the number of privates to one hundred and twenty-seven, but the total number of enlisted men authorized for the whole Army shall not at any time be exceeded. Id. 1099. Same-Bands, organization of.-Each infantry band shall consist of one chief musician, one principal musician, one drummajor, who shall have the rank, pay, and allowances of a first sergeant, four sergeants, eight corporals, one cook, and twelve privates.2 Sec. 4, Act of Mar. 2, 1899 (30 Stat. 978). 1100. Same-Details, regimental staff, etc.-Of the officers herein provided, the captains and lieutenants not required for duty with the companies shall be available for detail as regimental and battalion staff officers and such other details as may be authorized by law or regulation. Sec. 10, Act of Feb. 2, 1901 (31 Stat. 750). 1101. Vacancies, how filled.-Vacancies in the grade of field officers and captain created by this act, in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch respectively. Sec. 28, id., 755. 1102. Same-After promotions.-Vacancies existing after the promotions have been made shall be provided for as follows: A sufficient number shall be reserved in the grade of second lieutenant for the next graduating class at the United States Military Academy. 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 boards of officers 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 second lieutenant in the Regular Army, taking rank in the respective grades according to seniority as determined by length of prior commissioned service; but no person appointed under the provisions of this section shall be placed 1See note to paragraph 1095, ante. 3 Section 10, act of February 2, 1901 (31 Stat. 750), contained the requirement that "each infantry band shall be organized as now required by law." (See note, par. 1095, ante.) As to the law governing length of details (Manchu legislation), see note to paragraph 1077, ante. above another in the same grade with longer commissioned service, and nothing herein contained shall change the relative rank of officers heretofore commissioned in the Regular Army. Id. 1103. Same-Appointment of enlisted men.-Enlisted men of the Regular Army or volunteers may be appointed second lieutenants in the Regular Army to vacancies created by this act, provided that they shall have served one year under the same conditions now authorized by law for enlisted men of the Regular Army. Id., 756. 1104. Prison guard-Organization of.-Hereafter recruit and prison companies shall have noncommissioned officers, musicians, artificers and cooks of the numbers and grades allowed by law for companies of infantry. Act of Mar. 2, 1907 (34 Stat. 1160). MAXIMUM STRENGTH. 1105. The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength as fixed by this act during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct. 30, Act of Feb. 2, 1901 (31 Stat. 756). 1 Sec. For the maximum strength referred to in this section, see, as to the cavalry troop, section 2, act of February, 1901 (31 Stat. 748), paragraph 1075, ante; as to the artillery arm, see section 6, ibid., paragraphs 1088-1091, ante; as to the infantry company, see section 10, ibid., paragraphs 1097-1098, ante; as to the engineer company, see section 11, ibid., paragraph 796, ante; for a similar authority to increase the strength of the several organizations in time of war, see the act of April 26, 1898 (30 Stat. 364). Section 36, act of February 2, 1901 (31 Stat. 757), contains the requirement that the "total of the enlisted men of the line of the Army, together with the native force therein authorized, shall not exceed, at any time, one hundred thousand men." Military Academy Band.............. 1165–1167| Miscellaneous........ 1176-1188 1106. Officers, Professors, and Instructors.-The United States Military Academy at West Point, in the State of New York, shall be constituted as follows: There shall be one superintendent; one commandant of cadets; one senior instructor in the tactics of artillery; one senior instructor in the tactics of cavalry; one senior instructor in the tactics of infantry; one professor and one assistant professor of civil and military engineering;2 one professor and one assistant professor of natural and experimental philosophy; one professor and one assistant professor of mathematics; one professor and one assistant professor of chemistry, mineralogy, and geology;" one professor and one assistant professor of drawings; one pro 1 4 6 3 The Military Academy was established in pursuance of authority conferred by the act of March 16, 1802 (2 Stat. 137), which contained a requirement authorizing the President to establish a corps of engineers: "The said corps, when so organized, shall be stationed at West Point, in the State of New York, and shall constitute a military academy." Sections 26 and 27, act of March 16, 1802 (2 Stat. 137). The post of West Point ceased to be an engineer station and the control of the Military Academy was transferred from the Chief of Engineers to such officer or officers as the Secretary of War may assign to that duty by the act of July 13, 1866 (14 Stat. 92). The office of professor of civil and military engineering was established by section 2 of the act of April 29, 1802 (2 Stat. 720). The office of professor of natural and experimental philosophy was established by section 2 of the act of April 29, 1802 (2 Stat. 702). The office of professor of mathematics was established by section 2 of the act of April 29, 1802 (2 Stat. 702). The office of professor of chemistry, mineralogy, and geology was established by section 19 of the act of July 5, 1838 (5 Stat. 259). The office of teacher of drawing, first created by Executive order, received statutory recognition in section 2 of the act of April 29, 1812 (2 Stat. 720). The office of professor of drawing was established by section 3 of the act of August 8, 1846 (9 Stat. 161). fessor of modern languages;1 one assistant professor of the French language; one assistant professor of the Spanish language; one assistant professor of law; one adjutant; one master of the sword;" and one teacher of music. Sec. 1309, R. S. 3 2 1107. Supervision of the Academy.-The supervision and charge of the Academy shall be in the War Department, under such officer or officers as the Secretary of War may assign to that duty." Sec. 1331, R. S. 1108. Appointment of Officers and Professors.-The superintendent, the commandant of cadets, and the professors shall be appointed by the President. The assistant professors, acting assistant professors, and the adjutant shall be officers of the Army, detailed and assigned to such duties by the Secretary of War, or cadets assigned by the superintendent, under the direction of the Secretary of War. Sec. 1313, R. S. 1109. Selection of Officers.-The superintendent and commandant of cadets may be selected, and all other officers on duty at the Academy may be detailed, from any arm of the service. Sec. 1314, R. S. 1110. Rank of Superintendent and Commandant. The superintendent and the commandant of cadets, while serving as such, shall 1The office of teacher of French, first established by Executive regulation, received statutory recognition in section 2 of the act of April 29, 1802 (2 Stat. 702). The office of professor of French was established by section 3 of the act of August 8, 1846 (9 Stat. 161). The act of June 20, 1879 (21 Stat. 34), contained the requirement that "when a vacancy occurs in the office of professor of the French language or in the office of professor of the Spanish language in the Military Academy, both these offices shall cease, and the remaining one of the two professors shall be professor of modern languages; and thereafter there shall be in the Military Academy one, and only one, professor of modern languages." On June 30, 1882, a vacancy having occurred in the office of professor of Spanish, the statute became operative and the offices of professor of French and professor of Spanish were merged, by operation of law, in the office of professor of modern languages. The office of professor of Spanish, created by section 2 of the act of February 15, 1857 (11 Stat. 161), ceased to exist, by operation of law, on June 30, 1882, having been merged in the office of professor of modern languages in conformity to section 4 of the act of June 20, 1879 (21 Stat. 34). For notes in respect to the establishment of the offices of instructor of ordnance and gunnery and practical military engineering, see notes 1 and 2 on page 411, post. The offices of assistant professor of civil and military engineering, natural and experimental philosophy, and mathematics were established by section 2 of the act of April 29, 1812 (2 Stat. 720); that of chemistry, mineralogy, and geology by section 19 of the act of July 5, 1838 (5 Stat. 259); those of French and drawing by section 2 of the act of August 6, 1852 (10 Stat. 29; that of Spanish by section 3 of the act of February 28, 1867 (14 Stat. 416), and that of law by the act of January 5, 1895 (28 Stat. 630). For the status of this office see paragraph 1135, post. For the status of this office see paragraphs 1131 and 1132, post. The Military Academy is exempted from the control and supervision of department commanders by the terms of paragraph 191, Army Regulations of 1913, except as to the administration of military justice; and the superintendent has power to convene general courts-martial for the trial of enlisted men. Mar. 2, 1913, 37 Stat. 722.) (Act of |