CHAPTER B The Adjutant-General's Office The Adjutant-General's Office and the Record and Pension Office, which previously had been separate bureaus of the War Department, were constituted a consolidated bureau, to be known as the Military Secretary's Office of the War Department, and the officers of the Adjutant-General's Department, except the Adjutant-General, and the officers of the Record and Pension Office were constituted one department of the Army, to be known as the Military Secretary's Department, by provisions of Act April 23, 1904, c. 1485, post, §§ 1766, 1767. But said department of the Army is to be known as the Adjutant-General's Department, and said office of the War Department is to be known as the Adjutant-General's Office, by a provision of Act March 2, 1907, c. 2511, also set forth post, § 1769. Sec. This chapter includes other provisions relating to said former Record and Pension Office, as well as those relating to the former Adjutant-General's Office, applicable to said consolidated Bureau of the War Department. 336. Military records of volunteer armies and pension, etc., business connected therewith. 337. Military records of Revolution and of War of 1812. 338. Military records of Revolution and 339. Military and naval records of Rev- § 336. (Act May 9, 1892, c. 62.) Military records of volunteer armies and pension, etc., business connected therewith. The division organized by the Secretary of War in his office for the preservation and custody of the records of the volunteer armies under the name of the record and pension division is hereby established as now organized, and shall hereafter be known as the Record and Pension Office of the War Department; and the President is hereby authorized to select an officer of the Army whom he may consider to be especially well qualified for the performance of the duties hereinafter specified and, by and with the advice and consent of the Senate, to appoint him in the Army to be chief of said office, who shall have the rank, pay, and allowances of a colonel, and shall, under the Secretary of War, have charge of the military and hospital records of the volunteer armies and the pension and other business of the War Department connected therewith; and all laws or parts of laws inconsistent with the terms of this act are hereby repealed. (27 Stat. 27.) This act was entitled "An act to provide for the permanent preservation and custody of the records of the volunteer armies and for other purposes." A previous provision, authorizing the Secretary of the Treasury to deliver to the Secretary of War the pay rolls of the volunteer forces during the civil war, to enable the Secretary of War to have the records of said forces made complete, said rolls to be returned to the Treasury Department, which was made by Act March 2, 1889, c. 410, § 1, 25 Stat. 912, is omitted as temporary and executed. Subsequent provisions for the collection and preservation of other similar military records are set forth post, §§ 337-342. The compilation from the records of a complete roster of the Union and Confederate armies was authorized by a provision of Act Feb. 25, 1903, c. 755, § 1, post, § 344. Further provisions relating to the rank, pay, etc., of the chief of the Record and Pension Office, and for an assistant chief, were made by Act March 2, 1899, c. 352, § 8, 30 Stat. 979, and those officers were continued as part of the Army by section 1 of that act, and were excepted from its requirements relative to the reduction of the Army on July 1, 1901, by a provision of Act March 3, 1899, c. 423, § 1, 30 Stat. 1067. All these provisions relating to the rank, etc., of these officers were superseded by Act Feb. 2, 1901, c. 192, § 25, 31 Stat. 754, which provided that the officers of the Record and Pension Office should be a chief, with the rank of brigadier general, and an assistant chief, with the rank of major, any person afterwards appointed chief to have the rank of colonel. In connection with the establishment of a department of the Army, to be known as the Military Secretary's Department, constituted of the officers of the Adjutant-General's Department, except the Adjutant-General, and the officers of the Record and Pension Office, by provisions of Act April 23, 1904, c. 1485, post, § 1766, accompanying provisions of the same act, also set forth post, § 1767, constituted the Adjutant-General's Office and the Record and Pension Office, previously bureaus of the War Department, a consolidated bureau to be known as the Military Secretary's Office of the War Department; and provisions for the transfer of employés and of appropriations from either of said offices to said consolidated bureau were made by said Act April 27, 1904, c. 1630, § 1. The Military Secretary's Department is to be known as the Adjutant-General's Department, and the Military Secretary's Office of the War Department is to be known as the Adjutant-General's Office, by provisions of Act March 2, 1907, c. 2511, post, § 1769. Provisions relating to vacancies in the office of Assistant Chief of the Record and Pension Office, and to changes of the titles of that officer and other officers, were made by Act April 23, 1904, c. 1485, 33 Stat. 262, Act March 2, 1905, c. 1307, 33 Stat. 830, and Act March 2, 1907, c. 2511, 34 Stat. 1158. The appropriations for the Adjutant-General's Office for the fiscal year 1917 were made by Act May 10, 1916, c. 117, § 1, 39 Stat. Notes of Decisions Former Volunteer Pension Branch not within classified service.-The Volunteer Pension Branch of the War Department was not within the classified service, and after its merger in the Record and Pension Division, which was under the civil service rules, former positions therein could not be classified. (1897) 22 Op. Atty. Gen. 6. Office of Chief of Record and Pension Office. The acceptance, by a surgeon of the Army, of an appointment under this act as Chief of the Record and Pension Office, with the rank, pay, and allowances of a colonel, created a vacancy in the former office. (1892) 20 Op. Atty. Gen. 427. The provision of Act March 2, 1899, c. 352, § 8, 30 Stat. 979, that the Chief of the Record and Pension Office should have the rank, pay, and allowances of a brigadier general, did not create a new office. The office remained the same as when established, to be filled in the same manner and with the same duties and obligations. (1899) 22 Op. Atty. Gen. 480. Upon the approval of the act the chief became entitled to the increased rank and pay without the necessity of a nomination by the President and confirmation by the Senate. Id. The acceptance or nonacceptance by the chief of the new commission, with the added rank, did not change his official status or in any manner affect him. Id. § 337. (Act July 27, 1892, c. 267.) Military records of Revolu tion and of War of 1812. That the military records of the American Revolution and of the war of eighteen hundred and twelve, now preserved in the Treasury and Interior Departments, be transferred to the War Department, to be preserved in the Record and Pension division. of that Department, and that they shall be properly indexed and arranged for use. (27 Stat. 275.) This act was entitled "An Act to provide for the collection, custody, and arrangement of the military records of the American Revolution and the War of 1812." A preamble, preceded the enacting clause, as follows: "Whereas the military records of the American Revolution and of the war of eighteen hundred and twelve are now preserved in different Executive Departments of the Government and are not easily accessible; and "Whereas it is important that they should be collected in one Department, where they could be easily consulted and properly indexed and arranged for use: Therefore, "Be it enacted," etc. Further provision for the transfer of such records from any of the Departments was made by Act Aug. 18, 1894, c. 301, § 1, post, § 338. Provisions for the collection of the military and naval records of the Revolutionary War with a view to their publication, and the transfer of all such records in the possession of any official of the United States, the military rec ords to the War Department and the naval records to the Naval Department, were made by Act March 2, 1913, c. 94, §§ 1, 2, post, §§ 339, 340. § 338. (Act Aug. 18, 1894, c. 301, § 1.) Military records of Revolution and of War of 1812. All military records, such as muster and pay rolls, orders, and reports relating to the personnel or the operations of the armies of the Revolutionary war and of the war of eighteen hundred and twelve, now in any of the Executive Departments, shall be transferred to the Secretary of War to be preserved, indexed and prepared for publication. (28 Stat. 403.) This was a provision of the sundry civil appropriation act for the fiscal year 1895, cited above. The transfer of military rolls and records of wars prior to the civil war, from other Departments to the War Department, was provided for by Res. April 28, 1904, No. 35, post, § 341. The transfer of military and naval records of the Revolutionary War in the possession of any official of the United States, the military records to the War Department and the naval records to the Navy Department, was provided for by Act March 2, 1913, c. 94, § 2, post, § 341. § 339. (Act March 2, 1913, c. 94, § 1.) Military and naval records of Revolutionary War to be collected with a view to publication. Within the limits of the appropriation herein made, the Secretary of War is hereby authorized and directed to collect or copy and classify, with a view to publication, the scattered military records of the Revolutionary War, including all troops acting under State authority, and the Secretary of the Navy is hereby authorized and directed to collect or copy and classify, with a view to publication, the scattered naval records of the Revolutionary War. (37 Stat. 723.) This section and the section next following were sections 1 and 2 of an act entitled "An Act to authorize the collection of the military and naval records of the Revolutionary War with a view to their publication." The appropriation mentioned in this section, which was made by section 3 of the act, was $25,000 for the War Department and $7,000 for the Navy Department, to be expended respectively under the direction of the Secretary of War and the Secretary of the Navy, who were required to make to Congress each year detailed statements of the expenditures thereof; no part of the sum appropriated to be used in the purchase of records in the hands of private owners or in public depositories. Said section 3 is omitted as temporary only. Previous provisions for the collection of military records of the Revolution were made by Act July 27, 1892, c. 267, and Act Aug. 18, 1894, c. 301, § 1, ante, §§ 337, 338. § 340. (Act March 2, 1913, c. 94, § 2.) Military and naval records of Revolutionary War to be transferred from possession of any official of United States. All such records in the possession or custody of any official of the United States shall be transferred, the military records to the War Department and the naval records to the Navy Department. (37 Stat. 723.) See notes to preceding section. § 341. (Res. April 28, 1904, No. 35.) Military records of wars prior to civil war. That the military rolls and records of the Indian wars or any other wars prior to the civil war, now preserved in the interior or other Departments, be transferred to the War Department, to be preserved in the Record and Pension Office of that Department, and that they shall be properly indexed and arranged for use. (33 Stat. 591.) This was a joint resolution, entitled "Joint resolution providing for the transfer of certain military rolls and records from the Interior and other Departments to the War Department." A similar provision for the transfer to the Navy Department of naval records, rolls, etc., of wars, down to the War of the Rebellion, was made by Act April 27, 1904, c. 1630, § 1, post, § 618. § 342. (Act April 25, 1914, c. 71, § 9.) Returns and muster rolls of volunteer forces, and records on muster out; daily record of soldiers reported sick or wounded. All returns and muster rolls of organizations of the volunteer forces and of militia organizations while in the service of the United States shall be rendered to The Adjutant General of the Army, and upon the muster out of such organizations the records pertaining to them. shall be transferred to and filed in The Adjutant General's Office. And regimental and all other medical officers serving with volunteer troops. or with militia organizations in the service of the United States, in the field or elsewhere, shall keep a daily record of all soldiers reported sick or wounded, as shown by the morning calls or reports, and shall deposit such reports, with other reports provided for in this section, in The Adjutant General's Office, as provided for herein for other reports, returns, and muster rolls. (39 Stat. 350.) This provision supersedes Act April 22, 1898, c. 187, § 8, which required that the records named should be transferred to and filed in the Record and Pension Office of the War Department. § 343. (Act March 2, 1895, c. 177, § 1.) Transcript of military history of any regiment or company of a State to be furnished to the Governor. The Secretary of War shall, upon the application of the Governor of any State, furnish to such Governor a transcript of the military history of any regiment or company of his State, under such regulations as the Secretary of War may prescribe, at the expense of such State. (28 Stat. 788.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1896, cited above. It was repeated in the similar act for the following year. Act May 28, 1896, c. 252, § 1, 29 Stat. 161. § 344. (Act Feb. 25, 1903, c. 755, § 1.) Roster of Union and Con federate armies. Under the direction of the Secretary of War the Chief of the Record and Pension Office shall compile, from such official records as are in the possession of the United States and from such other authentic records as may be obtained by loan from the various States and other official sources, a complete roster of the officers and enlisted men of the Union and Confederate armies. (32 Stat. 884.) This was a proviso annexed to an appropriation for the Record and Pension Office in the legislative, executive, and judicial appropriation act for the fiscal year 1904, cited above. Sec. CHAPTER C The Bureau of Insular Affairs The Bureau of Insular Affairs, organized by the Secretary of War, was continued, to be known thereafter as the Bureau of Insular Affairs of the War Department, by provisions of Act July 1, 1902, c. 1369, § 87, post, § 345. Other provisions relating to the organization, officers, etc., of said Bureau are included in this chapter. 345. Bureau of Insular Affairs continued. 345a. Bureau of Insular Affairs of War Department [not affected]. Sec. 346. Chief of Bureau. 347. Assistant to Chief of Bureau. § 345. (Act July 1, 1902, c. 1369, § 87.) Bureau of Insular Affairs continued. The Division of Insular Affairs of the War Department, organized by the Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters pertaining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department. (32 Stat. 712.) This section was part of the act to provide temporarily for the civil government of the Philippine Islands, cited above. The section further authorized the Secretary of War to detail an officer of the Army to act as Chief of the Bureau, said officer while acting under said detail to have the rank, pay, and allowances of a colonel. This part of the section was superseded by the provisions for the appointment of a Chief of the Bureau, by Act June 25, 1906, c. 3528, and for the detail of officers of the Army to act as assistants to the Chief of the Bureau, by Act March 2, 1907, c. 2511, and Act March 23, 1910, c. 115, post, §§ 347, 348. The appropriations for the Bureau of Insular Affairs for the fiscal year 1917 were made by Act May 10, 1916, c. 117, § 1, 39 Stat. Notes of Decisions Bureau part of Department.-Under the instructions of the President to the Philippine Commission of April 7, 1900, and the executive order of June 21, 1901, the powers and duties thereby conferred upon the Commission and the civil governor were to be exercised under the direction and control of the Secretary of War, and this act, in ratifying and approving the instructions and order referred to, continued this relation. The reasonable inference is therefore that, until otherwise provided, Congress intended that the government for the Philippine Islands should be regarded as a branch of the War Department. (1902) 24 Op. Atty. Gen. 534. The Bureau of Insular Affairs is an integral part of the War Department. (1907) 26 Op. Atty. Gen. 209. § 345a. (Act June 3, 1916, c. 134, § 14.) Bureau of Insular Affairs of War Department [not affected]. Nothing in this Act shall be construed to repeal existing laws relating to the organization of the Bureau of Insular Affairs of the War Department. (39 Stat.) This is section 14 of the act entitled "An act for making further and more effectual provision for the national defense, and for other purposes," Act June 3, 1916, c. 134, the other sections of which are set forth post, under Title XIV, The Army, and Title XVI, The Militia. § 346. (Act June 25, 1906, c. 3528.) Chief of Bureau. The Chief of the Bureau of Insular Affairs of the War Department shall hereafter be appointed by the President for the period of four years, unless sooner relieved, with the advice and consent of the Senate, and while holding that office he shall have the rank, pay, and allowances of a brigadier-general. (34 Stat. 456.) This act was entitled "An act to increase the efficiency of the Bureau of Insular Affairs of the War Department." § 347. (Act March 2, 1907, c. 2511.) Assistant to Chief of Bu And reau. The Secretary of War is hereby authorized to detail an officer of the Army, whom he may consider especially well qualified, to act as principal assistant to the Chief of the Bureau of Insular Affairs of the War Department, and said principal assistant while acting under said detail shall have the rank, pay, and allowances of a major: Provided further, That the provisions of section twenty-seven of the Act of February second, nineteen hundred and one, with reference to the transfer of officers of the line to the departments of the staff for tours of service, shall apply to the vacancy created by this Act and to the return of the officer so detailed to the line of the Army. (34 Stat. 1162.) This was a provision following appropriations for officers of the Bureau in the Army appropriation act for the fiscal year 1908, cited above. Act Feb. 2, 1901, c. 192, § 27, mentioned in this section, is set forth post, § 1908. The appointment of an additional officer of the Army as assistant to the Chief of the Bureau was authorized by a provision of Act March 23, 1910, c. 115, post, § 348. |