Appointment to the grade of brigadier general is generally made by selection from the Army, and usually from the colonels, although the President may appoint any one he wishes, even a private soldier or civilian. (His right to do so is his constitutional authority to fill an office “the appointment to which is not otherwise provided for in the Constitution." There is no restriction made by law limiting his power of appointment in this case.)

Promotion of every grade below the rank of brigadier general throughout each arm, `corps or department is made according to seniority in the next lower grade of that arm, corps or department.

All officers below the rank of major are examined, mentally and physically, for promotion, except that in the Medical Corps majors also are examined. Should an officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in line of duty, he is retired with the rank to which his seniority entitles him. Officers may be "wholly retired" on account of disability not incident to the service, in which case their names are dropped from the rolls of the Army with one year's pay.

Should an officer fail on the mental examination he is suspended from promotion for one year, when he is reexamined, and in case of failure on such re-examination, he is honorably discharged with one year's pay, except that in the Medical Corps first lieutenants and captains who may fail on examination for promotion are at once honorably discharged with one year's pay. However, majors who may fail on their examination for lieutenant colonel, are not honorably discharged, but are continued in the service as majors.

Retirement. Officers may be retired under one of these conditions: (a) By operation of law upon reaching the age of 64. (b) Upon their own application, after forty years' continuous service (c) Upon their own application, in the discretion of the President, after thirty years' continuous service. (d) After forty-five years' service or upon reaching the age of 62 years, in the discretion of the President. (e) On account of disability contracted in line of duty. (f) By special act of Congress.

(The only cases of retirement by special act of Congress, are when the President is authorized to appoint certain men from civil life to certain grades in the Army and to retire them at once).

Retired officers receive 75 per cent of the pay of the rank held when they are retired. Officers retired by operation of law upon

reaching the age of 64, are placed upon the Unlimited List. Retired officers less than 64 years of age are placed upon the Limited List, which consists of not more than 300. Upon reaching the age of 64, officers on the Limited List are transferred to the Unlimited List. Officers retired by special act of Congress are not placed upon the Limited List. Officers may be wholly retired on account of disability not incident to the service, in which case their names are dropped from the rolls of the Army with one year's pay.

Retired officers, like retired enlisted men, are subject to the rules and articles of war and may be court-martialed for violation thereof.

Any officer of the Army below the grade of brigadier general who served with credit in the Civil War as an officer or as an enlisted man in either the Regular or Volunteer forces, who may be retired on account of wounds or disability incident to the service, or on account of age or after forty years' service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed 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 retirement.

No officer holding a rank above that of colonel can be retired, except for disability or on account of age until he shall have served at least one year in such rank.

CHAPTER XXXV

MISCELLANEOUS

(See corresponding chapter in SUPPLEMENT for additional matter and changes, if any.)

Publication of Books and Articles. The authority of the War Department for an officer or a soldier to publish a book or an article of any kind, is not necessary. However, should such book or article contain matter of a nature considered subversive of good order and military discipline, this would be cause for action by the Department.

Officers Engaging in Business. With the exception of A. R. 603, '10, which prohibits officers from furnishing supplies or services to the Government, there is nothing in law or in the Army Regulations on this subject, which is a matter entirely within the regulation of the War Department. It is quite common for officers to make investments and sometimes to engage passively in reputable business that in no way interferes with the proper performance of their duties. However, there is considerable doubt of the propriety of an officer's engaging actively in business, even though such act in no way interfered with the proper performance of his military duties. Of course, should an officer engage in a disreputable or fraudulent business, or should he use his official position to further an undertaking of any kind, he would lay himself liable to trial under the 61st or 62nd Article of War.

On the ground that retired pay is hardly sufficient for an officer to support himself and family, retired officers are permitted to engage actively in business, and a number of them do this.

Dropping "jr" After Name. If an officer or enlisted man, in the case of the death of his father, for instance, wishes to drop the "jr" after his name, it is only necessary to write to The Adjutant General of the Army, stating the circumstances of the case and requesting authority to drop the "jr.” The Adjutant General of the Army may give such authority.

Changing Name. An officer desiring to have his name changed may do so by going before a court and procuring the necessary judicial decree and then notifying The Adjutant General of the Army of same, with the request that the proper changes be made on the records of the War Department.

An enlisted man desiring to have his name changed may do so by applying to The Adjutant General of the Army, through his company commander, setting forth in his letter all the circumstances of the case.

Changing Date of Birth. An officer or enlisted man desiring to have changed the date of his birth as recorded in the War Department, may do so upon application to The Adjutant General of the Army, furnishing with his application a copy of his birth certificate or baptismal record, or an affidavit of parent.

Information Regarding Inspection by Customs Officials of Baggage, etc., upon return from Foreign Service.

The following instructions were issued by the Treasury Department, February 4, 1910:

NOTICE TO PASSENGERS.

Paragraph 709, appearing in the free list of the present tariff act, governing passengers' baggage, is as follows:

709. "Wearing apparel, articles of personal adornment, toilet articles, and similar personal effects of persons arriving in the United States; but this exemption shall only include such articles as actually accompany and are in the use of, and are necessary and appropriate for the wear and use of such persons, for the immediate purposes of the journey and present comfort and convenience, and shall not be held to apply to merchandise or articles intended for other persons or for sale: PROVIDED, That in case of residents of the United States returning from abroad, all wearing apparel and other personal effects taken by them out of the United States to foreign countries shall be admitted free of duty, without regard to their value, upon their identity being established, under appropriate rules and regulations to be prescribed by the Secretary of the Treasury, but no more than one hundred dollars in value of articles purchased abroad by such residents of the United States shall be admitted free of duty upon their return."

Foreigners are entitled to bring in free of duty such articles as are in the nature of wearing apparel, articles of personal adornment, toilet articles, and similar personal effects accompanying the passenger and necessary and appropriate for his or her wear and use for the purposes of the journey and present comfort and con venience, and are not intended for other persons nor for sale, without regard to the one hundred dollars limitation.

Citizens of the United States may have this privilege, provided it is shown to the satisfaction of the Collector's representative on the pier, subject to the Collector's approval, that they are bona fide residents of a foreign country.

BAGGAGE DECLARATION.

Passengers should observe that on the sheet there are two forms of declaration; the one printed in black is for returning residents of the United States; the one in red, for all persons other than residents of the United States.

The senior member of a family, if a passenger, may make declaration for the entire family.

Ladies traveling alone should state that fact in their declarations and entries

in order that an expeditious examination of their baggage may be made.

The exact number of pieces of baggage, including all trunks, valises, boxes, packages, and hand bags of any description accompanying the passenger, must be stated in the declaration.

The forms above mentioned will be distributed to passengers during the early part of the voyage by an officer of the ship. When a passenger has prepared and signed the declaration, the coupon at the bottom of the form must be detached and the form given to the officer of the ship designated to receive the same. Declarations spoiled in the preparation must not be destroyed, but turned over to the purser, who will furnish a new blank to the passenger.

After all the baggage and effects of the passenger are landed upon the pier, the coupon which has been retained by the passenger must be presented at the Inspector's desk, whereupon an Inspector will be detailed to examine the baggage. Passengers must acknowledge in person, on the pier, their signatures to their declarations.

Passengers who, for any reason, desire the examination of their baggage

postponed, may have all or any part thereof sent to the appraiser's store by making a request therefor to the officer taking their declaration.

RESIDENTS OF THE UNITED STATES.

Residents of the United States must declare all wearing apparel, jewelry, and other articles, whether used or unused, on their persons, in their clothing, or in their baggage, which have been obtained abroad by purchase or otherwise, with the foreign cost or value of the same. They shall state, as well, all wearing apparel, jewelry, or other articles taken out of the United States, which have been remodeled or improved while abroad so as to increase their value, the said statement to include the cost of such improvement. By stating the value of all declared articles in United States money, and packing the same so as to be easily produced for examination (and in one trunk if practicable), passengers will expedite the appraisement and passing of the same upon the pier. Whenever practicable, passengers should present the original receipted bills for foreign purchases.

Residents of the United States are allowed one hundred dollars' worth of articles in the nature of personal effects at their present foreign value, free of duty, provided they are not intended for other persons, or for sale, or to be used in business, and are properly declared.

Use does not exempt from duty wearing apparel or other articles obtained abroad, but such articles will be appraised at their present value.

Residents of the United States may also bring with them free of duty all wearing apparel and other personal effects taken by them out of the United States which have not been remodeled or improved abroad so as to increase their value.

Residents of the United States must not deduct the one hundred dollars exemption from the value of their wearing apparel or other articles obtained abroad by purchase or otherwise. Such deduction will be made by customs officers on the pier.

GOODS OTHER THAN PERSONAL EFFECTS.

Household effects of persons or families from foreign countries will be admitted free of duty if actually used abroad by them not less than one year, and not intended for any other person nor for sale. Such effects should be declared whether the passenger be a foreigner or resident of the United States.

Articles intended for other persons, for use in business, theatrical apparel, properties, and sceneries, must also be declared by passengers, whether foreigners or residents.

CIGARS AND CIGARETTES.

All cigars and cigarettes must be declared, and are not included in the one hundred dollars exemption. Each passenger over eighteen years of age is entitled to bring in, free of duty and internal-revenue tax, either 50 cigars or 300 cigarettes for his or her bona fide individual personal consumption.

DUTIES OF CUSTOMS OFFICERS.

Passengers dissatisfied with values placed upon dutiable articles by the customs officers on the pier may demand a re-examination, but application therefor should be immediately made to the officers there in charge. If for any reason this course is impracticable, the packages containing the articles should be left in customs custody and application for reappraisement made to the collector of customs, in writing,