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![handle is hein.usccsset/usconset30379 and id is 1 raw text is:
58TH CONGRESS, SENATE. REPORT
Rd Session. i No. 2153.
RANK, ETC., OF CERTAIN ARMY OFFICERS.
APRIL 14, 1904.-Ordered to be printed.
Mr. COCKRELL, from the Committee on Military Affairs, submitted
the following
REPORT:
[Relative to the subject of changing the rank, titles, and duties of certain military
officers by legislation in the Army appropriation bill (H. R. 10670).]
Inasmuch as questions are not infrequently raised as to the power
of Congress to make changes in the rank, designations or titles, and
duties pertaining to offices in the Army and Navy, and as your com-
mittee has recently had occasion to consider such a question in con-
nection with a provision embodied in the last army appropriation bill
for the consolidation of the Adjutant-General's Department and the
Record. and Pension Office, this report is submitted for the informa-
tion of the Senate and to show the views of your committee with
regard to the subject in question.
The legislative provision contained in the amendment before referred
to is illustrative of a very large class of cases, and the remarks here-
inafter made with regard to that amendment are applicable to all such
cases. Following is the text of the amendment in question:
Provided further, That of the officers consolidated as hereinbefore provided the
senior in rank, who shall be chief of the consolidated department and the title of
whose office is hereby changed to that of the military secretary, shall hereafter have
the rank of major-general, and the second senior of said officers shall hereafter have
the rank of brigadier-general: Provided further, That when the office of military
secretary with the rank of major-general shall hereafter become vacant, it shall not
be filled with the said rank, and thereafter the chief of the military secretary's
department shall have the rank of a brigadier-general with the title of the military
secretary, and there shall be only one officer above the rank of colonel in said
department * * * .
This provision increases the rank of two of the officers brought
together into one branch of the public service by the consolidation of
the officers of the Adjutant-General's Department with those of the
Record and Pension Office. It also changes the designation, and adds
somewhat to the duties of the office held by the senior of those officers,
but it creates no new office, and requires no new appointment to an
existing office in order to give full force and effect to the legislation
making these changes.
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