958h. Officers retired for services in constructing Panama Canal, certain may be transferred to active list.-Hereafter the President be, and he is hereby, authorized, within one year of the approval of this Act, by and with the advice and consent of the Senate, to transfer, upon application, to the active list of the Army any officer under fifty years of age who may have been transferred heretofore from the active to the retired list of the Army under the Act to provide for recognizing the services of certain officers of the Army, Navy, and Public Health Service for their services in connection with the construction of the Panama Canal, and for other purposes, approved March fourth, nineteen hundred and fifteen.1 Act of Feb. 23, 1917 (39 Stat. 937).

9581. Same-Rank, grade, and arm.-Such officers shall take rank at the foot of the respective grades which they held at the time of their retirement and shall be carried as an additional number in the grade to which he may be transferred or at any time thereafter promoted, and shall be promoted on the same date as the officer next above him in rank, and shall be commissioned in the arm or department of the Army from which he was retired. Id.

958j. Same-Examination for transfer and for promotion.-Such officer shall stand a satisfactory medical examination, and when promoted shall stand the medical and professional examinations provided for by law. Id.

958k. Same-After transfer, subsequent retirement only for age or disability.-Any officer transferred to the active list under this Act shall not again be entitled to the benefits of the Panama Canal Act described above, except when retired for age or for physical disability incurred in the line of duty. Id.

961a. Employment of retired officers in time of war.-In time of war retired officers of the Army nay be employed on active duty, in the discretion of the President, and when so employed they shall receive the full pay and allowances of their grade.2 Sec. 24, Act of June 3, 1916 (9 Stat, 18),

(Por the provision of this section immediately the saling this paragraph see paragraph 9306, and for the et stig provision se ragraph 958f.)

See paragraphs 927a 927k, ante,

'Held, that this provision supersedes previous st tutes governing the pay of recred oficer assigned to active dug in time of net erd that under such provision all retired officers of the Army wd en active City in time of war are entitled to the fall pay anlæ ́owances of their grades; but it has reference only to such offers as are spec Zely assigned to active duty of a strictly military character under sed provision, end does not att ly to those detailed as instructors ia educational instruders GO Comp. Treus, 577 id., 605. War

Dent Bal 34, Juve S., 1957)

led that as retiral e "ats ordered to active duty under this statute are entred to active deg pay only when "erpleyol en ce ve duy," full pay and allowgroes de pot be, a to acerre W ver storts to obey his orders Pang Fm op active duty, (War Dep., Ba Sept. 84 1017)

969a. Retired Army officers, with certain Civil War service, may be appointed and retired with increased rank.-The President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, any brigadier general of the Army on the retired list who has held the rank and command of major general of Volunteers and performed the duties incident to that grade in time of actual warfare, and has been honorably discharged, and who served with credit in the Regular or Volunteer forces during the Civil War prior to April ninth, eighteen hundred and sixty-five, to the grade of major general in the United States Army and place him on the retired list with the pay of brigadier general on the retired list; and any officer now on the retired list of the Army who served with credit for more than two years as a commissioned officer of Volunteers during the Civil War prior to April ninth, eighteen hundred and sixty-five, and who subsequently served with credit for more than forty years as a commissioned officer of the Regular Army, including service in command of troops in five Indian campaigns, the War with Spain, and the Philippine insurrection, and to whom the congressional medal of honor for most distinguished conduct in action has been twice awarded, and who has also been brevetted for conspicuous gallantry in action, and place him on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of his retirement from active service in the Regular Army. Act of Mar. 4, 1915 (38 Stat. 1084).

969b. Same-Advancement of brigadier general on the retired list, with certain Civil War service, one grade.-The President be, and he is hereby, authorized to appoint to the grade of major general on the retired list of the Army any brigadier general now borne on said list who served with credit in the Army throughout both the Civil War and the War with Spain, as well as during the interval between said wars, and who, being a general officer, exercised with efficiency and gallantry the command of a brigade or of a higher unit in action or in actual operations against an enemy, and who in consideration of services so rendered was recommended to be a major general, United States Volunteers, by the commanding general of the Army, as shown by the records of the War Department. Act of Aug. 29, 1916 (39 Stat. 628).

969c. Some-Advancement of retired brigadier general who had certain Civil War service as senior colonel, and so forth.-Any brigadier general on the retired list who as senior colonel commanded with credit a brigade or higher unit in the Civil War, though not so recommended, may be advanced in grade as authorized by this paragraph if he fulfills the other requirements thereof. Id.

54208-18-14

969d. Same-Advancement to grade of major general on retired list of retired officer who had certain Civil War service, etc.-The President be, and he is hereby, authorized to appoint and place on the retired list of the Army with the rank of major general any officer on the retired list who served not less than one year in the Regular or Volunteer forces of the United States during the Civil War prior to April ninth, eighteen hundred and sixty-five, and who was honorably discharged therefrom, who has since served not less than forty years as a commissioned officer of the Regular Army, and who was the last Civil War veteran on the active list of the Army for over two years before retirement and had ranked every general officer on the active list in length of service when he retired. Id.

969e. Same-Advancement of retired colonel one grade on retired list who had certain service in Indian campaigns, War with Spain, etc.-The President be, and he is hereby, authorized to appoint any colonel of the Army on the retired list who before retirement served more than forty-five years and six months, including sixteen years in the line of the Army, who held command in the line or staff over nine and a half years, who received campaign badges for service in four Indian campaigns and in the War with Spain and the Philippine insurrection, and who was recommended by the commanding general in time of war or insurrection for appointment to the grade of general officer in the Volunteer Army, to the grade of brigadier general on the retired list: Provided, That such officer did not receive. advanced grade upon retirement nor has since received any advance over the grade held at the date of retirement. Id 627.

975a. Retired officer assigned to active duty as post commander during movement of troops, pay and allowances of.-When by reason of the movement of troops a post is temporarily left without its regular garrison and with no commissioned officer except of the Medical Reserve Corps on duty thereat, the Secretary of War may assign a retired officer of the Army, with his consent, to active duty in charge of such post. The officer so assigned shall perform the duties of commanding officer and also any necessary staff duties at such post, and shall, while in the performance of such duties, receive the full pay and allowances of his grade, subject to the limitations imposed by the act of March second, nineteen hundred and five,1 and the Act of June twelfth, nine hundred and six, which limitations hall include the grades of brigadier general, major general, and lieutenant general. Id. 627.

975b. Assignments to active duty as acting quartermasters.-Assignments which have been, or may hereafter be made, of retired officers of the Army to active duty as acting quartermasters shall be

'See paragraphs 974 and 975.

regarded as assignments to staff duties not involving service with troops within the meaning of the Act of Congress approved April twenty-third, nineteen hundred and four.1 Act of May 12, 1917 (40 Stat. 48).

975c. Longevity pay, computation to include details to active duty. Hereafter any retired officer of the Army who has been detailed to active duty, and who has since his retirement, served on active detail shall be entitled to increases of longevity pay to be computed as provided by existing statute for the computation of longevity pay, for the time of his service before retirement and on active detail since his retirement. Id.

975d. Retired officers who have served in Corps of Engineers, assignment to active duty.-When retired officers of the Army, any portion of whose active service was in the Corps of Engineers, are called back into active service they shall be eligible to fill any position required by law to be filled by an officer of the Corps of Engineers. Joint Resolution of June 15, 1917 (40 Stat. 231).

1See paragraph 958, ante, or 33 Stat. 264.

'Held, that under this legislation, which is to be read in connection with the last proviso of section 24, national-defense act of June 3, 1916, retired officers coming within its operation are entitled to increases of longevity pay, on account of active service rendered since retirement, not only while on such active duty but also after they have been relieved from such duty.

Held further, that the act in question deals also with allowance of longevity credit for all active service rendered by such officers since retirement, including any such service rendered before the passage of the act of May 12, 1917. (Comp. Treas., June 7, 1917; War Dept. Bull. 49, Aug. 22, 1917.)