organized as authorized by existing laws. Sec. 3, Act of Oct. 6, 1917 (40 Stat. 410).

(For section 8, act of May 18, 1917, authorizing the temporary appointment of general officers in the National Army and for filling vacancies in the Regular Army resulting from such appointments, see pars. 1663 and 1664, post.)

350e. Same-Pay and allowances.-The pay of the grades of general and lieutenant general shall be $10,000 and $9,000 a year, respectively, with allowances appropriate to said grades as determined by the Secretary of War. Id., 411.

(For the ensuing provisions of this section see pars. 352a and 373a, post.)

352a. Relative rank of Navy and Army officers.-Brigadier generals of the Army shall hereafter rank relatively with rear admirals of the lower half of the grade. Sec. 3, Act of Oct. 6, 1917 (40 Stat. 411).

(For the preceding provisions of this section see pars. 250d and 250e, ante, and for the ensuing provision see par 373a, post.)

353a. Relative rank-Commissioned service in Marine Corps to be considered in determining.-Any second lieutenant of the United States Marine Corps who may have been appointed second lieutennt of artillery since the second day of February, nineteen hundred and one, and prior to the passage of this Act, shall, in determining his lineal and relative rank, be entitled to the same credit for prior commissioned service as a lieutenant of volunteers appointed under the Act entitled "An Act to increase the efficiency of the permanent Military Establishment of the United States," approved February

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second, nineteen hundred and one. Act of Dec. 20, 1904 (33 Stat. 595).

356a. Composition of brigades, divisions, and corps.-The mobile troops of the Regular Army of the United States shall be organized, as far as practicable, into brigades and divisions. The President is authorized, in time of actual or threatened hostilities, or when in his opinion the interests of the public service demand it, to organize the brigades and divisions into such Army corps or armies as may be necessary. The typical Infantry brigade shall consist of a headquarters and three regiments of Infantry. The typical Cavalry brigade shall consist of a headquarters and three regiments of Cavalry. The typical Field Artillery brigade shall consist of a headquarters and three regiments of Field Artillery. The typical Infantry division shall consist of a headquarters, three Infantry brigades, one regiment of Cavalry, one Field Artillery brigade, one regiment of Engineers, one field signal battalion, one aero squadron, one ammunition train, one supply train, one engineer train, and one sanitary train. The typical Cavalry division shall consist of a headquarters, three Cavalry brigades, one regiment of Field Artillery (horse), one battalion of mounted Engineers, one field signal battalion (mounted), one aero squadron, one ammunition train, one supply train, one engineer train, and one sanitary train. The typical army corps shall consist of a headquarters, two or more Infantry divisions, one or more Cavalry brigades or a Calvary division, one Field Artillery brigade, one telegraph battalion, and one field signal battalion, and such ammunition, supply, engineer, and sanitary trains as the President may deem necessary. A brigade, a division, an army corps, and an army headquarters shall consist of such officers, enlisted men, and civilians as the President may prescribe. Each supply train, ammunition train, sanitary train, and engineer train shall consist of such officers and enlisted men and shall be organized as the President may prescribe, the line officers necessary therewith to be detailed under the provisions of sections twenty-six and twenty-seven, Act of Congress approved February second, nineteen hundred and one. Nothing herein contained, however, shall prevent the President from increasing or decreasing the number of organizations prescribed for the typical brigades, divisions, and army corps, or from prescribing new and different organizations and personnel as the efficiency of the service may require. Sec. 3, act of June 3, 1916 (39 Stat. 166).

1

Held, That in the organization of brigade headquarters the above provision would not authorize the creation of any grade not known to the law, such as a suggested brigade sergeant major, but that the President in the organization of brigade, division, or Army corps headquarters may employ such enlisted men in the grades and within the numerical limits authorized by law, in addition to those required for organizations, as he may determine to be necessary

356b. Brigade, division, and corps organizations may be increased or decreased.-The President is authorized to increase or decrease the number of organizations prescribed for the typical brigades, divisions, or army corps of the Regular Army, and to prescribe such new and different organizations and personnel for army corps, divisions, brigades, regiments, battalions, squadrons, companies, troops, and batteries as the efficiency of the service may require. Par. 3, Sec. 1, Act of May 18, 1917 (40 Stat. 76).

(For preceding provisions of this paragraph of section 1, see paragraphs 1630 and 1631.)

356c. Composition of regiments not to be increased nor number of regiments decreased. The number of organizations in a regiment shall not be increased nor shall the number of regiments be decreased. Id. 77.

356d. Additional machine-gun companies for Infantry and Cavalry brigades and divisions.-The President in his discretion may organize, officer, and equip for each Infantry and Cavalry brigade three machine-gun companies, and for each Infantry and Cavalry division four machine-gun companies, all in addition to the machine-gun companies comprised in organizations included in such brigades and divisions. Id.

356e. Armored motor-car machine-gun companies for divisions, composition of.-The President in his discretion may organize for each division one armored motor-car machine-gun company. The machine-gun companies organized under this section shall consist of such commissioned and enlisted personnel and be equipped in such manner as the President may prescribe. Id.

(For the ensuing provision of this paragraph of section 1, see paragraph 1632.)

362a. Pay to clerks, messengers, and laborers at headquarters of several territorial departments, territorial districts, tactical divisions and brigades, service schools, and office of the Chief of Staff.—One chief clerk, at the office of the Chief of Staff, $2,250 per annum; three clerks, at $2,000 each per annum; twelve clerks, at $1,800 each per annum; fifteen clerks, at $1,600 each per annum; thirty-eight clerks, at $1,400 each per annum; seventy clerks, at $1,200 each per annum; sixty-five clerks, at $1,000 each per annum; six clerks Filipinos), at $500 each per annum; one captain of the watch, at 900 per annum; three watchmen, at $720 each per annum; one For the purpose, and may, therefore, include in the organization of a brigade headquarters as a part thereof and not detailed from any organization a sergeant major with the rank, pay, and allowances of whatever grade of sergeant major he may designate: And further, That he may also include in the organization of a brigade headquarters as personnel thereof and not pertaining to any other organization such enlisted men of other grades authorized by law as he may deem necessary. (War Dept. Bull. 34, Sept. 12, 1916.)

gardener, at $720 per annum; one packer, at $840 per annum; two messengers, at $840 each per annum; fifty-nine messengers, at $720 each per annum; six messengers (Filipinos), at $300 each per annum; one laborer, at $660 per annum; two laborers, at $600 each per annum; five charwomen, at $240 each per annum. In all, $312,690. Additional pay while on foreign service, $9,000. Act of Mar. 4, 1915 (38 Stat. 1067).

362b. Same-Increased pay for foreign service, employment of Filipinos, assignment to duty in War Department.-On and after July first, nineteen hundred and fourteen, the pay of clerks and messengers at headquarters of territorial departments, tactical divisions, brigades, and service schools, who are citizens of the United States, shall be increased $200 each per annum while serving in the Philippine Islands, such service to be computed from the date of departure from the continental limits of the United States to the date of return thereto: Provided further, That the money hereby appropriated for such of said clerks at $1,200 and $1,000 each per annum, and such of said messengers at $720 each per annum as may be employed and assigned by the Secretary of War to the headquarters of the Philippine Department, districts and posts therein, may, in case of vacancy and in the discretion of the commanding general, Philippine Department, be expended, in whole or in part, for the employment of Filipinos as clerks at not to exceed $500 each per annum, and messengers at not to exceed $300 each per

annum.

And said clerks, messengers, and laborers shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve: Provided, That no clerk, messenger, or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty with any bureau in the War Department. Id.

362c. Headquarters clerks to be known as Army field clerks; rates of pay for; subject to articles of war.-Hereafter headquarters clerks shall be known as Army field clerks and shall receive pay at the rates herein provided, and after twelve years of service, at least three years of which shall have been on detached duty away from permanent station, or on duty beyond the continental limits of the United States, or both, shall receive the same allowances,' except retirement,

The question was presented whether Army field clerks and field clerks, Quartermaster Corps, were entitled to heat and light allowances in public quarters which they are authorized to occupy. Such clerks who have had the requisite service prescribed in the act of August 29, 1916, creating those positions are by the statute given "the same allowances, except retirement, as heretofore allowed by law to pay clerks, Quartermaster Corps."

Held, that it having been definitely determined that no provision was made by law for furnishing pay clerks with fuel and light at public expense ia public quarters (Buls. of 1915; No. 5, p. 5, and No. 21, p. 7), it follows that the field