The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-05-15
OFFICERS MUST
STICK TO LINE,
SAYS DECISION
Can Not Shift To Engineer Corps,
Declares the Judge Adyo-
cate General
OTHER IMPORTANT FINDINGS
3 HAVE BEEN HANDED DOWN
Reserve officers Entitled TO Ex-
ira Pay When Serving
With the Flying Corps

According to'a bulletin received from
the war department late yesterday af-
ternoon, a number Of decisions Of great
interest TO the service have been rem
dered by the judge advocate general Of
the army, and principle among them Is
the decision on the question as to
whether or not a line officer may trans
fer TO the corps Of engineers, under the
provisions Of the National Defense Act.
Following are some of the decisions I:
On the question as to whether or
not an Officer Of the line Of the army
may be transferred to the corps Of en-
sineers under Section 20, Of the Ma
tonal Defense Act Of June 3, 1916,
which authorizes the transfer between
branches Of the line Of the army for
the purpose Of lessening inequalities Of
promotion due 20 increases under said
act, the judge advocate general Of the
army has decided that: sS
Transfer Not Authorized
Held, that such transfer is mot
authorised. While engineer officers
serving with engineer troops are part
Of the line of the army, Section %, of
the Act of February z, 1901, prescrib.
ing that sthe enlisted force of the corps
|of engineers and the officers serving
|therewith shall constitute part Of the
line of the army, they hold their Of
fees In the corps Of engineers and are
merely. detailed on duty with troops;
that such vacancies as may be said 10
occur In thes commissioned personnel OF
troop organizations are not filed by ap,
lpointment to Office but by the detail
Of a person holding Office in the corps
of engineers; and that the transfer OF
line officer to the corps Of engineers
would not iii q vacant Office in the line
but would Ill d vacant Office in stat
corps. X
.'fhe question was presented as "a
the proper disposition Of a first lien
tenant, dental corps, who appeared be
fore an examiiiing board to determine
bis fitness for promotion under the Ma
sional -nefebse Act md yrs found W hs
disqualified both physically and men
paIl.J
NO Exception Here
.'Held, that under the provision Of
said section which makes applicable Il
him all laws relating to the exaniina
.tion of officers of the medical corps
for promotion he is, by reason Of hav
ing failed to pass his physical examina
tion for promotion, entitled TO be re
tired with the rank of captain.
| An honorable discharge of an en-
listed man because of disability is |
discharge for the convenience of tht
government, and If the soldier hal
served more than one-half of his en-
listmept prior to such discharge, he il
entitled, in case he RECEIVERS and re
/ enlists to the bencfts of the Act o,
4 May IL, 1908, reiating to eoptinuou
service pay and bonus for REIMBURSEMENT
according to the conditions therein pre-
scribe" says yet another farreachinl
/ decision.
Entitled to Extra Pay
/ Upon reference Of question TO
4 opinion as TO whether or not officer
IF the aviation section, Signal Officers
Reserve Corps, when assigned to dut!
acquiring them 10 make regular an
frequent aerial flights, are entitled 4
the extra pay authorized under Sectipl
10, Of the National Defense Act, o
!, June 3, 1916, the judge advocate gen
\ eral has held 'fthat as SECTION 30 D
the same act provides that reserv
corps officers, when ordered ito dut,
with troops or at field exercises. or TO
instruction. when provision is mad
therefore, shall, while so serving, 're
ceiye the pay aud allowances of thoi
! respective grades in the regular army,
and as Section 10 of said act speciieal
Idly provides, With respect to aviation
\ officers, that each aviation officer au
thorized by this act shall, while o.
duty that reqnires him to participat
regularly and frequently in aeria
flights, receive an increase of twenty
Ave per centum in the pay of his grad
and length of service under his com
mission reserve corps officer Of th
4 aviation section assigned to active dut,
4 Is entitled to receive the increased pa,
authorized for such duty, as such off
1 Ger comes within the description
4 ~ a l. 4 Ia "a -. + y