889e. Same-Details not compulsory in time of peace. That no person, except in time of war, shall be assigned or detailed against his will to duty as an aviation student or an aviation officer. Sec. 2, id.

889f. Same-Assignment to cease if officer is inefficient, etc.-That whenever, under such regulations as the Secretary of War shall prescribe and publish to the Army, an officer assigned or detailed to duty of any kind in or with the aviation section shall have been found to be inattentive to his duties, inefficient, or incapacitated from any cause whatever for the full and efficient discharge of all duties that might properly be imposed upon him if he should be continued on duty in or with said section, said officer shall be returned forthwith to the branch of the service in which he shall hold a commission. Sec. 2, id.

889g. Same-Aviation officers rated, junior military aviators, etc.— That the aviation officers herein before provided for shall be rated in two classes, to wit, as junior military aviators and as military aviators. Within sixty days after this act shall take effect the Secretary of War may, upon the recommendation of the Chief Signal Officer, rate as junior military aviators any officers with rank below that of captain, who are now on aviation duty and who have, or shall have before the date of rating so authorized, shown by practical tests, including aerial flights, that they are especially well qualified for military aviation service; and after said rating shall have been made the rating of junior military aviator shall not be conferred upon any person except as hereinafter provided. Sec. 3, id.

889h. Same-Rating, increased grade and pay of junior military aviators, aviation students, etc.-Each aviation student authorized by this act shall, while on duty that requires him to participate regularly and frequently in aerial flights, receive an increase of 25 per centum in the pay of his grade and length of service under his line commission. Each duly qualified junior military aviator shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his line commission, provided that his rank under said commission be not higher than that of first lieutenant, and, while on duty, requiring him to participate regularly and frequently in aerial flights, he shall receive in addition an increase of 50 per centum in the pay of his grade and length of service under his line commission. The rating of military aviator shall not be hereafter conferred upon or held by any person except as hereinafter provided, and the number of officers with that rating shall at no time exceed fifteen. Each military aviator who shall hereafter have duly qualified as such under the provisions of this act shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his line commission, provided that his rank under

said commission be not higher than that of first lieutenant, and, while on duty.requiring him to participate regularly and frequently in aerial flights, he shall receive in addition an increase of 75 per centum of the pay of his grade and length of service under his line commission. Sec. 3, id.

8891. Same-Personnel of enlisted men, rating of aviation mechanician. The aviation enlisted men herein before provided for shall consist of twelve master signal electricians, twelve first-class sergeants, twenty-four sergeants, seventy-eight corporals, eight cooks, eightytwo first-class privates, and forty-four privates. Not to exceed forty of said enlisted men shall at any one time have the rating of aviation mechanician, which rating is hereby established, and said rating shall not be conferred upon any person except as hereinafter provided. Sec. 3, id. 516.

889j. Same-Instruction in art of flying, and increase of pay.-That twelve enlisted men at a time shall, in the discretion of the officer in command of the aviation section, be instructed in the art of flying, and no enlisted man shall be assigned to duty as an aerial flyer against his will except in time of war. Each aviation enlisted man, while on duty that requires him to participate regularly and frequently in aerial flights, or while holding the rating of aviation mechanician, shall receive an increase of fifty per centum in his pay. Sec. 3, id.

889k. Same-Qualification certificates required, examinations for, etc.-That, except as hereinafter provided in the cases of officers now on aviation duty, no person shall be detailed as an aviation officer, or rated as a junior military aviator, or as a military aviator, or as an aviation mechanician, until there shall have been issued to him a certificate to the effect that he is qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case, and no such certificate shall be issued to any person until an aviation examining board, which shall be composed of three officers of experience in the aviation service and two medical officers, shall have examined him, under general regulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported him to be qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case. Sec. 3, id.

8891. Same-Issue of certificates of qualification.-That the Secretary of War shall cause appropriate certificates of qualification to be issued by the Adjutant General of the Army to all officers and enlisted men who shall have been found and reported by aviation examining boards in accordance with the terms of this act, to be qualified for the details and ratings for which said officers and enlisted men shall have been examined. Sec. 3, id.

889m. Same-Service as aviation students prior to detail, rating requirements for military aviators, etc.-That except as herein before

provided in the cases of officers who are now on aviation duty and who shall be rated as junior military aviators as hereinbefore authorized, no person shall be detailed for service as an aviation officer in the aviation section until he shall have served creditably as an aviation student for a period to be fixed by the Secretary of War; and no person shall receive the rating of military aviator until he shall have served creditably for at least three years as an aviation officer with the rating of junior military aviator. Sec. 3, id.

889n. Same-Payments in case of death from accident.-That there shall be paid to the widow of any officer or enlisted man who shall die as the result of an aviation accident, not the result of his own misconduct, or to any other person designated by him in writing, an amount equal to one year's pay at the rate to which such officer or enlisted man was entitled at the time of the accident resulting in his death, but any payment made in accordance with the terms of this proviso on account of the death of any officer or enlisted man shall be in lieu of and a bar to any payment under the acts of Congress approved May eleventh, nineteen hundred and eight, and March third, nineteen hundred and nine (Thirty-fifth Statutes, pages one hundred and eight and seven hundred and fifty-five), on account of death of said officer or enlisted man. Sec. 3, id.

927a. Thanks of Congress tendered to certain officers of Army and Navy. That the thanks of Congress are hereby extended to the following officers of the Army and Navy of the United States who, as members of the late Isthmian Canal Commission, have rendered distinguished service in constructing the Panama Canal, to wit: Colonel George W. Goethals, chairman and chief engineer; Brigadier General William C. Gorgas, sanitary expert; Colonel H. F. Hodges, Lieutenant Colonel William L. Sibert, and Commander H. H. Rousseau. Sec. 1, act of Mar. 4, 1915 (Pub. No. 316, 38 Stat. -).

927b. Promotion of certain officers of Army and Navy.-That the President is hereby authorized, by and with the advice and consent of the Senate, to advance in rank Colonel George W. Goethals to the grade of major general of the line, United States Army; Brigadier General William C. Gorgas to the rank of major general in the Medical Department, United States Army; Colonel H. F. Hodges and Lieutenant Colonel William L. Sibert to the grade of brigadier general of the line, United States Army; and Commander H. H. Rousseau to the grade of rear admiral of the lower Nine, United States Navy. Sec. 2, id.

927c. Same-Certain officers to be advanced one grade when placed on the retired list.-That such officers of the Army and Navy as were detailed for duty with the Isthmian Canal Commission on the Isthmus of Panama for more than three years, and who shall not have been advanced in rank by any other provision of this bill, shall be advanced one grade in rank upon retirement. Sec. 3, id.

927d. Same-Officers now on retired list to be immediately advanced one grade. That any officer of the Army or Navy now on the retired list with similar service shall be immediately advanced one grade in rank on the retired list of the Army or Navy. Sec. 3, id.

927e. Promotions authorized by Sec. 2 of act to temporarily increase the grades. That the numbers in such grades provided for in sections two and four of this act, except where vacancies occurring in any grade by the provisions of this act can be filled by such officers in a lower grade as are entitled to the benefits of this act, shall be temporarily increased during the time such offices may be held. Sec. 5, id.

9271. Medical officer promoted to be head of Medical Department, not governed by law as to details.-That the officer who may be advanced and appointed major general in the Medical Department, United States Army, shall thereupon become the head of such department, and the operation of so much of section twenty-six of the act of February second, nineteen hundred and one, as limits the term of office of the head of the Medical Department, United States Army, shall be suspended during the incumbency of the head of the department who may be appointed under this act. Sec. 5, id.

927g. Same-Rank of major general to cease and determine when officer so promoted is retired.-That whenever the head of the Medical Department appointed under the provisions of this act shall become separated from the active list of the Army, by retirement or otherwise, the extra office or grade to which he shall have been so advanced or appointed shall cease and determine, and thereafter the rank of the head of the Medical Department, United States Army, shall be that of a brigadier general. Sec. 5. id.

927h. Promotions authorized not to retard promotion to which any officer is entitled under existing law. That nothing in this act shall operate to interfere with or retard the promotion to which any officer would be entitled under existing law. Sec. 5, id.

9271. Officers promoted to be junior to officers who now rank them when such officers reach same grade.-That the officers advanced to higher grades under this act shall be junior to the officers who now rank them under existing law when these officers have reached the same grade. Sec. 5, id.

927j. Officers benefited by act entitled to retirement at any time on application at seventy-five per centum of pay of active rank. That at any time after the passage of this act any officer of the Army or Navy to be benefited by the provisions of this act may, on his own applicacation, be retired by the President at seventy-five per centum of the pay of the rank upon which he is retired. Sec. 6, id.

1

Sec. 4 authorizes the President to promote certain officers of the Public Health Service and is omitted from this compilation.

2 For officers covered by this paragraph, see 927b.

951a. Sales of Army supplies, etc., to military schools.—That, under such regulations as the Secretary of War may prescribe, educational institutions to which an officer of the Army is detailed as professor of military science and tactics may purchase from the War Department for cash, for the use of their military students, such stores, supplies, matériel of war, and military publications as are furnished to the Army, such sales to be at the price listed to the Army with the cost of transportation added. Act of July 17, 1914 (38 Stat. 512).

951b. Same.-Receipts to be credited to original appropriations. That all moneys received from the sale of stores, supplies, matériel of war, and military publications to educational institutions to which an officer of the Army is detailed as professor of military science and tactics shall respectively revert to that appropriation out of which they were originally expended and shall be applied to the purposes for which they are appropriated by law. Id.

954a. Issue of magazine rifles, etc., for target practice, to clubs and schools. That the Secretary of War is hereby authorized to issue, without expense to the United States, for use in target practice, United States magazine rifles and appendages therefor not of the existing service model and not necessary for the maintenance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said arm, for each range at which target practice is had, not to exceed a total of one hundred and twenty rounds per year per man participating in target practice, to rifle clubs organized under the rules of the National Board for the Promotion of Rifle Practice and to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the conduct of proper target practice. Act of Apr. 27, 1914 (38 Stat. 370.)

954b. Regulations to be prescribed by Secretary of War.-Issues of public property under this provision shall be made in compliance with regulations prescribed by the Secretary of War insuring the designed use of the property issued, providing against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other requirements as he may consider necessary adequately to safeguard the interests of the United States. Id.

958a. Retired officers under age of fifty years, and not above grade of captain. Hereafter the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to transfer to the active list of the Army any officer under fifty years of age and with. rank not above that of captain who may have been transferred heretofore or who may be transferred hereafter for physical disability from the active to the retired list of the Army by the action of any retiring board. Act of Mar. 4, 1915 (Pub. No. 292, 38 Stat. -).