Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-29
PROMOTIONS IN THE ARMY.
Intricacies in Recent Legislation Elk
planned by the Law Officer.

Intricacies in Recent Legislation Elk
planned by the Law Officer.
The Judge advocate general Of the army
has rendered an interesting opinion IN the
case of Maj Henry A Barber. recently ap-
pointed assistant chief of the record and
pension Office with the rank of major vice
Lieut. Col. John Tweedale. promoted. An
ANALYSIS Is made of the act of April %. 1914.
consolidating the record and pension ONCE
with the adiutant generals department, and
the general army reorganization act of Feb
ruary 2, 1901, which provides for the filling
of vacancies in the staff departments by de-
tails from the line, and the act of October
1. 1890 establishing the rule of seniority IN
promotions below the grade OF briSadler
general.
Aim of Reorganization Act.
eft was evidently contemplated in the gen
era, eorpaniza ton act of 1901" says the
Judge advocate general, ito establish de-
tail system in filing future vacancies In
certain department of the staff. at the same
time to secure to the permanent oihceFs vi
the several staff department, to which the
detail system was applied, the same promo
ton to which they would have been en-
titled had no such system been adopted. Inc
result to establish two lines OF promo
ton in the staff departments to Whcn the
detail system was dppiSus OAo
fected the permanent officers, and another
which was applicable to the detailed ON
GERS
This view does not rest upon implication
merely, but is supported by the language
used In section 20 of the act of February z.
1901, which, after providing for the filling
of vacancies in certain departments by de-
tails from the line goes on to say that; NO
more permanent appointments Shall De
made in those departments or corps after
the original vacancies created by this act
shall have been filled.
TT would also seem that the advance,
ment of Mai. Barber to a vacancy created
by the relief of detailed officer would have
an effect not contemplated in either enact
ment; In that 1t would increase the NUMBER
of permanent officers In the consoildated
departments, which is expressly prohibited
in the clause last above cited. Or, to state
it in different language, 1t was contem-
plated in the act of 1901 that when va
cancy occurred in the lowest grade OF per
manent office in the adjutant generals de-
partment the vacancy should be filled Dy
detail, and that, with such detail, the stat
ute has been fully executed as to such
office, and the permanent office or assistant
adjutants general, with the rank of major,
when 1t had once been vacated by perma-
nent officer and filled by detailed officer,
had cea sed to exist a permanent office,
and should therefore be filled by detail. AND
to secure that result the clause last above
cited was embodied in the statute. In other
words, the legislative intent in the several
enactmentS under consideration was 10 es-
tabliSh two sorts OF vacancies, conforming
to the two separate lines of promotion-one
among the permanent officers, which was
to be filled by promotion, If duly qualified
Junior stood ready to succeed to 1t, and the
other for the detailed officers; but that a
vacancy among the detailed officers was not
a vacancy which a permanent officer would
be eligible to fill; and so long as there were
permanent juniors vacancy among perma-
nent officers was vacancy which a de-
tailed officer would be similarly ineligible
to fill.
Major Barber's Case.
Maj. Barber now stands at the foot of
the list of majors, upon which appear, In
order Of rank, the names Of all officers of
that grade in the military secretarys de-
partment. If the views hereinbefore ex-
pressed are adopted 1t would seem that for
the purpose of advancement his right of
promotion will accrue when a vacancy shall
occur among the permanent officers Of the
consolidated department having the rank
Of lieutenant colonel, who are his seniors on
the list. If he be advanced to the grade of
lieutenant colonel upon the occurrence of a
vacancy among the detailed officers in that
grade, and If the vacancy due to his pro-
motion If filed by appointment, as 1T may
be under existing law, the result will be to
add one permanent officer to the CONSOLE
dated department, as there are four detailed
officers now serving In the military secre-
tarys department in the grade of lieuten-
ant COlOnel whose details Will terminate on
or before July %, 1905: the effect of such
execution would be within one year to in
crease the permanent force of the CONSOLE
dated department to the extent of four off,
GERS; but for reasons which have been fully
presented such an increase is not authorized
by the act Of February 2, 1901, or by the
act of April q, 1904. Indeed, the last named
enactment provides for a considerable re-
tants general. with the rank of major l
must therefore conclude that If Mai. Bar
Der continues in service until Lieut. Col
Tweedale retires, or until Lieut. Col. Kerr
is advanced to the grade of colonel, his
right to promotion will then have accrued
and he will then become entitled to ad-
vancement to the grade of lieutenant colo
mel, and that vacancy SO created in the Of
flee of the military secretary may then
be filled by appointment in the manner now
prescribed by law
Maj. Barber to Retire.
Maj. Barberfi who is now in the general
hospital, Washington barracks, under treat
ment, has been reported unfit for active
duty, and orders have been issued for his
retirement October / next. AS has been
previously announced, he will be succeeded
as major and assistant chief of the record
and pension office by Maj. Edward S. Fow-
Ter, an aid on the staff of Gov OdelI of
New York, and a paymaster in the volun-
teer establishment during the Spanish war
PROFESSOR OF MATHEMATICS
IL