732b. Same-Provision as to age limit repealed.-So much of the Act of June third, nineteen hundred and sixteen, as relates to the age limit for eligibility to appointment of first lieutenants in the Medical Department of the Army, be, and the same is hereby, repealed. Act of Aug. 29, 1916 (39 Stat. 640).

732c. Same-Age limit after January first, nineteen hundred and eighteen.-After January first, nineteen hundred and eighteen, the maximum age limit for eligibility to appointment of first lieutenants in the Medical Department of the Army shall be thirty-two years. Id.

DENTAL SURGEONS.

750a. Rank, pay, allowances, qualifications, and number of.-The President is hereby authorized to appoint and commission, by and with the advice and consent of the Senate, dental surgeons, who are citizens of the United States between the ages of twenty-one and twenty-seven years, at the rate of one for each one thousand enlisted men of the line of the Army. Dental surgeons shall have the rank, pay, and allowances of first lieutenants until they have completed eight years' service. Dental surgeons of more than eight but less than twenty-four years' service shall, subject to such examination. as the President may prescribe, have the rank, pay, and allowances of captains. Dental surgeons of more than twenty-four years' service shall, subject to such examination as the President may prescribe, have the rank, pay, and allowances of major. Sec. 10, Act of June 3, 1916 (39 Stat. 173).

(For provisions of this section preceding this paragraph see paragraphs 728a, 729a, 729b, 729c, 732a, 731a, 728b, 756a, 760a, 766a, 756b, 766c, 766d, 766e, 766f, 766g, 765a, 765b.)

'Held, that the provision quoted from the act of 1911 was not repealed by the national defense act, and that the two provisions should be read together; that the term "years' service" as used in the act of June 3, 1916, includes service under contract as well as service under commission, and is limited to service as a dental surgeon under contract or commission; and that therefore, in computing under said law the length of service of dental surgeons, for promotion and other purposes, all such dental surgeons as are otherwise eligible and have service as contract dental surgeons or acting dental surgeons prior to June 3, 1916, shall be given credit for the length of their service as such contract dental surgeons or acting dental surgeons, in addition to credit for service as first lieutenant under the act of Mar. 3, 1911.

(Comp. Treas., July 22, 1916. War Dept. Bull. 28, Aug. 18, 1916.)

Held, that this provision for advancement does not contemplate that it shall be by way of a new appointment and commission, as only the one office, that of dental surgeon, is created, and that increases in rank, pay, and allowances come by operation of law and depend exclusively upon length of service and the passing of required examinations.

Held further, that dental surgeons are entitled to the benefits of section 32 of the act of Feb. 2, 1901 (31 Stat. 756), providing that:

"When the exigencies of the service of any officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to promote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable." (War Dept. Bull. 47, Nov. 16, 1916.)

While the Dental Corps is included in the Medical Department for adminis

750b. Same-Number of majors limited to fifteen.-The total number of dental surgeons with rank, pay, and allowances of major shall not at any time exceed fifteen. Id.

750c. Same-Examination for promotion same as for officers of Medical Corps.-All laws relating to the examination of officers of the Medical Corps for promotion shall be applicable to dental surgeons. Id.

(For the last provision of this section see paragraph 1279a.)

750d. Composition, appointments, promotions, rank, pay, allowances, retirement and number of officers.-Hereafter the Dental Corps of the Army shall consist of commissioned officers of the same grade and proportionally distributed among such grades as are now or may be hereafter provided by law for the Medical Corps, who shall have the rank, pay, promotion and allowances of officers of corresponding grades in the Medical Corps, including the right to retirement as in the case of other officers, and there shall be one dental officer for every thousand of the total strength of the Regular Army authorized from time to time by law.-Act of Oct. 6, 1917 (40 Stat. 397.)

(For the preceding provision of this act see paragraph 729d, ante.)

750e. Examining and reviewing boards-Composition.-Dental exexamining and review boards shall consist of one officer of the Medical Corps and two officers of the Dental Corps. Id.

750f. Recommission of surgeons in active service.-Immediately following the approval of this Act all dental surgeons then in active service shall be recommissioned in the Dental Corps in the grades herein authorized in the order of their seniority and without loss of pay or allowances or of relative rank in the Army. Id.

trative purposes, it has independent functions, and since the act of October 6, 1917 (40 Stat. 397), makes the personnel of that corps the same as that of the Medical Corps, except as to number per thousand, the Dental Corps is such a corps as should form the basis of an organization in the Officers' Reserve Corps. Subsection 2 of section 1 of Special Regulations 43, War Department, 1917, may properly be amended so as to authorize the commissioning of officers in the Dental Reserve Corps of the Medical Department with the same grades and percentages within the grades as are permitted by law for the Medical Officers' Reserve Corps. (War Dept. Bull. 72, Dec. 24, 1917.)

The act of October 6, 1917, repeals section 10 of the act of June 3, 1916, in so far as it requires 24 years' service as a qualification for major in the Dental Corps and limits the number of majors to 15. The same act makes first lientenants in the Medical Corps of the Regular Army and National Guard eligible 1> promotion as captains upon examination prescribed by the Secretary of War. The Secretary need not act in the premises unless he so desires. (War Dept. Bull. 75, Dec. 31, 1917.)

The question was presented as to the proper disposition of a first lieutenant, Dental Corps, who appeared before an examining board to determine his fitness for promotion under the provisions of section 10 of the national-defense act and was found by the board to be disqualified both physically and mentally. Held, that under the provision of said section which makes applicable to him "all laws relating to the examination of officers of the Medical Corps for promotion," he is, by reason of having failed to pass his physical examination for promotion, entitled to be retired with the rank of captain. (War Dept. Bull. 18, April 6, 1917.)

750g. Same--Confirmation by Senate prior to recommissioning of. No dental surgeon shall be recommissioned who has not been confirmed by the Senate. Id.

(For the last provision of this act see paragraph 1581a, post.)

ENLISTED FORCE.

756a. Composition of.-The enlisted force of the Medical Department shall consist of the following personnel, who shall not be included in the effective strength of the Army nor counted as a part of the enlisted force provided by law: Master hospital sergeants, Lospital sergeants, sergeants (first class), sergeants, corporals, cooks, horseshoers, saddlers, farriers, mechanics, privates (first class), and privates. Sec. 10, Act of June 3, 1916 (39 Stat. 172).

(For provision of this section immediately preceding this paragraph see paragraph 728b. For authorization for one thousand additional sergeants for detail from the Infantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with corresponding organizations of the National Guard, to assist in the instruction of its personnel and the care of property; and the similar detail of one hundred additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1332a.)

756b. Enlisted men in Hospital Corps at date of approval of Act transferred to corresponding grades in Medical Department.-The enlisted men of the Hospital Corps who are in active service at the time of the approval of this Act are hereby transferred to the corresponding grades of the Medical Department established by this Act. Id.

(For provisions of this section immediately preceding this paragraph see paragraphs 760a and 766a.)

760a. Appointment and qualifications of master hospital sergeants.-Master hospital sergeants shall be appointed by the Secretary of War, but no person shall be appointed master hospital sergeant until he shall have passed a satisfactory examination under such regulations as the Secretary of War may prescribe before a board of one or more medical officers as to his qualifications for the position, including knowledge of pharmacy, and demonstrated his fitness therefor by service of not less than twelve months as hospital sergeant or sergeant, first class, Medical Department, or as sergeant, first class, in the Hospital Corps now established by law; and no person shall be designated for such examination except by written authority of the Surgeon General. Id.

(For provision of this section immediately preceding this paragraph see paragraph 756a.)

Held, that the saving clause at the end of section 28, national-defense act, operates to continue the pay of the grade of private, Hospital Corps, for the benefit of enlisted men during the remainder of their enlistments existing June 3, 1916, and that therefore the soldier, upon his reduction to the grade of private, was entitled to the old rate of $16 per month. (War Dept. Bull. 57, Dec. 22, 1916.)

765a. Privates, first class, eligible for ratings for additional pay as nurses and dispensary or surgical assistants.-Privates, first class, of the Medical Department shall be eligible for ratings for additional pay as follows: As dispensary assistant, $2 a month; as nurse, $3 a month; as surgical assistant, $5 a month. Id.

(For the provisions of this sections immediately preceding this paragraph see paragraphs 766a, 756b, 766b, 766c, 766d, 766e, 766f, and 766g.)

765b. Same-No man shall receive more than one rating for additional pay. No enlisted man shall receive more than one rating for additional pay under the provisions of this section, nor shall any enlisted man receive any additional pay under such rating unless he shall have actually performed the duties for which he shall be rated. Id. 173.

766a. Original enlistments to be in grade of private and reenlistments, transfers, etc., to be under prescribed regulations.-Original enlistments for the Medical Department shall be made in the grade of private, and reenlistments and promotions of enlisted men therein, except as hereinbefore prescribed, and transfers thereto from the enlisted force of the line or other staff departments and corps of the Army shall be governed by such regulations as the Secretary of War may prescribe. Id, 172.

(For provision of this section immediately preceding this paragraph, see par. 760a.)

766b. Enlisted men, total number not to exceed five per centum of enlisted strength of Army.-The total number of enlisted men in the Medical Department shall be approximately equal to, but not exceed, except as hereinafter provided, the equivalent of five per centum of the total enlisted strength of the Army authorized from time to time. by law. Id.

(For provision of this section immediately preceding this paragraph, see par 756b.)

766c. Same-Additional men may be enlisted in time of actual or threatened hostilities.-In time of actual or threatened hostilities, the Secretary of War is hereby authorized to enlist or cause to be enlisted in the Medical Department such additional number of men as the service may require. Id.

766d. Number of master hospital sergeants, hospital sergeants, sergeants (first-class), sergeants, corporals, and cooks.-The number of enlisted men in each of the several grades designated below shall not exceed, except as hereinafter provided, the following percentages of the total authorized enlisted strength of the Medical Department, to wit: Master hospital sergeants, one-half of one per centum; hospital sergeants, one-half of one per centum; sergeants, first class, seven per centum; sergeants, eleven per centum; corporals, five per centum; and cooks, six per centum. Id.

766e. Number of horseshoers, saddlers, farriers, and mechanics.The number of horseshoers, saddlers, farriers, and mechanics in the Medical Department shall not exceed one each to each authorized ambulance company or like organization. Id.

766f. Number of first-class privates and privates.-In said department the number of privates, first class, shall not exceed twenty-five per centum of the number of privates. Id.

766g. Upon reduction by law of authorized enlisted strength of Army no promotion of noncommissioned officers will be made until their percentage has been reduced proportionally.—If by reason of a reduction by operation of law in the authorized enlisted strength of the Army aforesaid the number of noncommissioned officers of any grade in the Medical Department whose warrants were issued previously to such reduction shall for the time being exceed the percentage hereinabove specified for such grade, no promotion to such grade shall be made until the percentage of noncommissioned officers therein shall have been reduced below that authorized for such grade on the basis of the said reduced enlisted strength, nor thereafter so as to make the percentage of noncommissioned officers therein in excess of the percentage authorized on the basis of the said reduced enlisted strength; but noncommissioned officers may be reenlisted in the grades held by them previously to such reduction regardless of the percentages aforesaid; and when under this provision the number of noncommissioned officers of any grade exceeds the percentage specified, any noncommissioned officer thereof, not under charges, may be discharged on his own application. Id.

770a. Allowances of superintendent.-Hereafter the superintendent shall receive such allowances of quarters, subsistence, and medical care during illness as may be prescribed in regulations by the Secretary of War. Act of Aug. 29, 1916 (39 Stat. 626).

775a. Sale of medical supplies to American Red Cross.-Hereafter, with the approval of the Secretary of War and at rates of charge of not less than the contract prices paid therefor plus twenty-five per centum to cover the cost of purchase, inspection, and so forth, the Medical Department of the Army may sell for cash to the American National Red Cross such medical supplies and equipments as can be spared without detriment to the military service. Act of Mar. 4, 1915 (38 Stat. 1080).

775b. Loan of sanitary equipment of Army and Nary to American Red Cross.-The Secretary of War and the Secretary of the Navy be, and are hereby, authorized to issue, each at his discretion and under proper regulations to be prescribed by him, out of equipment for medical and other establishments on hand, belonging to the Government and which can be temporarily spared, such articles as may appear to be required for instruction and practice by organizations