Page:United States Statutes at Large Volume 40 Part 1.djvu/733

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SIXTY-FIFTH CONGRESS. Sess. II. Ch. 114. 1918. 715 . The rank and title of Ma'or General is hereby created in the Marine K°i°' G°¤°?¤l md Cor , and the Presidentlis authorized to nominate, and, b and witfisthe advice and consent of the Senate, to appoint one ililajor General, who shall at all times be junior in rank to the Major General ` Commandant, and also one temporary Major General in the Marine gorps, lwho shall at all times e junior to the permanent Major enera . That the said Act of May twenty-second, nineteen hundred and ,,,T§§‘§,,p§f,?gS'§Q,,,f,‘j,°"f,°,§“,€ seventeen, Statutes at Large, volume forty, page eighty-five, be, Wim and the same is hereby, amended bfy striking out the word "lieu- ’°‘85’“‘°°d°d‘ tenant" in lines five and fourteen o section our thereof, and substituting therefor the words "lieutenant commander" and adding at the end of section four the followin proviso: Provided further, That based on the tem rary increase of enlisted men of the Marine Corps herein authorized)? the President, bylsand with the advice and consent of the Senate, is authorized, m discretion, temporarily to appoint not exceeding six brigadier generals, twenty-two colonels, and twenty-two lieutenant colonels in the Marine Corps in addition L. .,3 . { h to the number permanently allowed by law in those grades; said imtigl °°“° wt °”` temporary appomtments shall continue m force only until otherwise directed y the President or until Conggess shall amend or repeal the same and not later than six mont after the termination of the present war; lg strikin out the words "c0mmissioned warrant officers, warrant officers, and" in lines fourteen and fifteen of section ¤¤f~ five thereof; and by inserting after the semicolon in line thirty-one of section five, the following: "Pro#vidcd furtlwr, That temporary ,dd°'§_“'"”“F°“°°” appointments as chief warrant officers may be made by the Presi- __ dent, with the consent of the Senate," so that said sections, as · amended, will read as follows: Oman "Sec. 4. Additional commissioned omcers in the Navy and Marine rempauy .,,,.;,1;. Corps, based ugn the temporary increases herein authorized in the 5};*;, ”§‘;'§ ,9;*, §g number of e d men, shall be temporarily a pointed by the S¤·¤¤s¢1¤. President, in his discretion, with the advice and, consent of the Dm,.,,,u,,°¤ 0, Senate, not above the grades and ranks·of lieutenant commander ¤¤¤i¤¤· in the line and staH of the Navy and major in the Marine Corps, V¤l·39.r>p-576.609. the distribution in said grades and ranks to be made in accordance with the provisions of the Act of August twenty-ninth, nineteen hundred and sixteen: Provided, That all temporary ori al a point- §'rig§°3i°.pp¤¤¤¢- ments shall be made in the lowest commissioned graeidsii of tifie line $3*;*** '>• *¤ '°W¤$¢ and staff of the Navy and Marine Corps, exclusive of commissioned warrant officers, and that there shall be no permanent or temporary appointments in or permanent or temporary promotions to any ,,t,.'f§'§"°' "‘d°"* grade or rank above that of lieutenant commander in the Navy or major in the Marine Corps by reason of the templorary appointment of officers authorized by this Act in excess of the total number of officers authorized by existing law or on account of the increase of S I ds enlisted men herein authorized: Provided further, That, during the vscgfiiigufer W period of the present war, the deficiency existing prior to the passage "’°`§·l 89 576 m of this Act in the total number of commissione officers of the Navy °‘ '”' ’ and Marine Corps authorized by the Act of Augpst twenty-ninth, nineteen hundred and sixteen, may also be supp °ed by temporary appointments in the lowest ades and by teigiporary romotions to all other ades until a suffffhent number of officers shall be available for regular appointment or Iplromotion in accordance with exisf U R law E Promdedfunligr, That not 'ng herein shall be held or construudd sm? °‘,'€§l{:§" J`; to limit or abridge_the use or service of the officers of the Navy and “""°€°‘· Marine Corps on the retired list or of the officers of the Naval Militia and National Naval Volunteers, Naval Reserve Force, and Marine Corps Reserve, as provided and authorized under existing law: