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790c. Same-President may increase regimental, battalion, and company organizations.—The President may, in his discretion, increase a regiment of Engineers by two master engineers, senior grade, and two sergeants; each battalion of a regiment of Engineers by three master engineers, junior grade; and each Engineer company (regimental) by two sergeants, six corporals, one cook, twelve privates, first class, and thirty-four privates. Id.

(For the ensuing provision of this section see paragraph 792a.)

790d. Same-Battalion and company organizations of mounted Engineers.—Each battalion of mounted Engineers shall consist of one major; five captains; seven first lieutenants; three second lieutenants; one master engineer, senior grade; one battalion sergeant major; one battalion supply sergeant; three master engineers, junior grade; one corporal; one wagoner for each authorized wagon of the field and combat train; and three mounted companies. Each mounted Engineer company shall consist of one captain; two first lieutenants; one second lieutenant; one first sergeant; two sergeants, first class; one mess sergeant; one supply sergeant; one stable sergeant; four sergeants; eight corporals; two horseshoers; one saddler; two cooks; two buglers; twelve privates, first class; and thirty-seven privates. Id. 174.

(For the provisions of this section immediately preceding this paragraph, see paragraph 792a.)

790e. Same-President may increase battalion and company organizations of mounted Engineers.---The President may, in his discretion, increase the battalions of mounted Engineers by one master engineer, senior grade; two sergeants; and three master engineers, junior grade; and a mounted Engineer company by two sergeants; three corporals; eight privates, first class; and twenty-four privates. Id.

790f. Detail of officers from Corps of Engineers for command of regiments, battalions, and companies.-Appropriate officers to command the regiments, battalions, and companies herein authorized and for duty with and as staff officers of such organizations shall be detailed from the Corps of Engineers, and shall not be in excess of the numbers in each grade enumerated in this section. Id.

791a. Part of line of Army.-The enlisted force of the Corps of Engineers and the officers serving therewith shall constitute a part of the line of the Army. Id.

792a. Band, composition of.The Engineer band shall consist of one band leader; one assistant band leader; one first sergeant; two band sergeants; four band corporals; two musicians, first class; four musicians, second class; thirteen musicians, third class; and two cooks. Id. .

(For provisions of this section preceding this paragraph, see paragraphs 784a, 790a, 790b, and 790c, and for the provisions following it see paragraphs 7900, 790e, 790f, and 791a.

LANDS FOR MILITARY PURPOSES,

802a. Condemnation proceedings.--Hereafter the Secretary of War may cause proceedings to be instituted in the name of the United States, in any court having jurisdiction of such proceedings for the acquirement by condemnation of any land, temporary use thereof or other interest therein, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications, coast defenses, and military training camps, such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted. Act of July 2, 1917 (40 Stat. 241).

(See also paragraphs 1274k-1274p, post.)

802b. Same-Purchase of at an agreed price.- When the owner of such land, interest or rights pertaining thereto shall fix a price for the same, which, in the opinion of the Secretary of War, shall be reasonable, he may purchase or enter into a contract for the use of the same at such price without further delay. Id.

802c. Same-Acceptance of donation of lands.The Secretary of War is hereby authorized to accept on behalf of the United States donations of land and the interest and rights pertaining thereto required for the above-mentioned purposes. Id.

802d. Same-Examination of title, etc., prior to possession waived in time of war.-When such property is acquired in time of war or the imminence thereof upon the filing of the petition for the condemnation of any land, temporary use thereof or other interest therein or right pertaining thereto to be acquired for any of the purposes a foresaid, immediate possession thereof may be taken to the extent of the interest to be acquired and the lands may be occupied and used for military purposes, and the provision of section three hundred and fifty-five? of the Revised Statutes, providing that no public money shall be expended upon such land until the written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land is located has been given, shall be, and the same are hereby, suspended during the period of the existing emergency. Id.

(See also paragraphs 12740 and 1274p, post.)

1

Authority "for the acquirement by condemnation of any land, temporary use thereof, or other interest therein, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications, coast defenses, and military training camps," is found in the act of July 2, 1917 (40 Stat. 241). When land is to be acquired for purposes other than those above specified, authority for their acquisition must be sought elsewhere, e. g., the Signal Corps, act of July 24, 1917 (40 Stat. 243); the act of October 6, 1917 (40 Stat. 345), and the act of August 1, 1888 (25 Stat. 357). (Dig. Opin. J. A. G., February, 1918.)

See paragraph 258, ante.

808a. Per diem rate of $4 per day in lieu of subsistence for persons traveling outside District of Columbia, etc., whose expenses are chargeable to Army appropriation Act.-Where the expenses of persons engaged in field work or traveling on official business outside of the District of Columbia and away from their designated posts of duty are chargeable to appropriations of the Engineer Department contained in the Army appropriation Act for the fiscal year nineteen hundred and seventeen, a per diem rate of $4 may be allowed in lieu of subsistence. Act of Aug. 29, 1916 (39 Stat. 642).

808b. Military surveys and maps, assistance of United States Geological Survey, Coast and Geodetic Survey, etc., in making.The Secretary of War is authorized to secure the assistance, wherever practicable, of the United States Geological Survey, the Coast and Geodetic Survey, or other mapping agencies of the Government in this work 1 and to allot funds therefor to them from this appropriation. Act of Oct. 6, 1917 (40 Stat. 365).

The execution of topographic or other surveys, the securing of such extra topographic data as may be required, and the preparation and printing of maps required for military purposes.

54208-18-11

CHAPTER XXI.

THE ORDNANCE DEPARTMENT-ARMORIES AND ARSENALS—BOARD OF ORDNANCE AND FORTIFICATION.

Par,

l'ar, The Ordnance Department. 809a-825bCondemned cannon, etc., doComposition of

809a

nated to patriotic organiza

tions, etc., Government not to Same-Immediate increase au

transport, and to remain subthorized.-

809b ject to orders of Secretary of Details.

812a
War ----

849a Same.

8190 Detail of majors for duty in.-- 813a

Additional compensation

for Detail of not to exceed 30 stu

master armorer at Springfield dent officers in establishments

Armory

851a of the Ordnance Department. 813b

Repeal of provision for monthly Ordnance sergeants, qualifica

pay----

8J4b tions and appointment.---- 820a Certain appropriations availChief of Ordnance member of

able for allowance in lieu of commission on manufacture of

substance for civilians trayGovernment articles by prison

eling outside of the District8:57a ers at United States peniten

Same

8576 tiaries.-----

822a Salaries of clerks at Springfield Public quarters-Occupancy by

Armory-

857c Ordnance officer of brick

Leaves of absence to all emhouse at proving ground not

ployees.

857d occupancy of 825a Same-Pro rata leave...

857e

Same-Discretion to time Same-Per diem expenses of

when can be allowed ------- 857f officers not occupying------- 825b

Same Total annual leave with Ammunition, etc., for small

pay

8375 arms target practice, instruc

Same-Sick leave and holidays tion of civilians, etc-------- 831a

not affected.

8.37h Officers of Ordnance Department

Accrued leaves of absence to accountable for public moneys

civilian employees of Ordmay designate other officers

nance Department serving to disburse same; account

abroad

857i ability for -

S32a

Taylor system-No salary to be Sale of ordnance and ordnance

paid officer, superintendent, stores to Government of

manager, or foremen using -- 801a Cuba 844a Same-

861b

as

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