^ GIFT OF Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/anothermilitarylawOOunitrich L(Ai/v/^. <^try f t>\fc.^ etc , THE MILITARY LAWS OF THE UNITED STATES 1915 WITH SUPPLEMENT INCLUDING THE LAWS OF THE SIXTY-FOURTH CONGRESS. TO MARCH 5. 1917 FIFTH EDITION WASHINGTON GOVERNMENT PRINTING OFHCE 1917 v^^ ^0 ^^^'' War Department, Document No. 472. Office of the Judge Advocate Generai». ADDITIONAL COPIES OF THIS PUBLICATION MAY BE PROCUEFD FROM -,'',;' THE',sn?lvRJNTZIi»'DENT OF DOCUMENTS '' "'•. " ( G^rvE^rryrKN'r printing office J ^ , , Vtashington, d. c. '"" " ''*' " 'fl.yo PER COPY War Department, Office of the Chief of Staff, June 9, 1914.. The following military laws of the United States, revised and corrected to June 1, 1914, under the supervision of Brig. Gen. E. H. Cjowder, Judge Advocate General of the Army, are approved and published for the information and government of the Regular and Volunteer Armies and the Organized Mitilia. By Order of the Secretary of War : (Signed) W. W. Wotherspoon, Major General, Chief of Staff, 3 ;JG206G PEEFACE. This compilation contains all the permanent laws of the United States directly affecting the War Department, the Regular Army, the Volunteers, and the Militia, including the legislation enacted by the 63d Congress, which adjourned March 4, 1915. As originally prepared and submitted to the Public Printer, it embraced all legislation enacted prior to June 1, 1914, and was set up in that form. The publication was delayed, and it became neces- sary to include legislation enacted after that date, during the remainder of the second session and also during the third session of that Congress. This later legislation will be found in the supple- ment. The numerical designations of paragraphs in the supplement correspond to those of related paragraphs in the original text, being distinguished for the purpose of citation by a letter added to the paragraph number, thus following the style of previous compilations. It has not been found practicable to include, as in prior editions, all the laws directly affecting the civil administration under the War Department, nor to include certain laws indirectly affecting the administration of the department and the military establishment without expanding the volume to an inconvenient size. Accordingly only such laws of this character as are frequently consulted at the War Department and other military headquarters have been retained and the others have been eliminated, citations to the latter being placed in a table of related statutes. The references in this list will enable any searcher for a statute to pass readily to the section of the Revised Statutes or the volume and page of the. Statutes at Large where the act is to be found. As a further aid to ready reference, there has been inserted a table which will enable one to pass from a particular paragraph of this compilation to the corresponding provisions of the Revised Statutes and the Statutes at Large. E. H. CROWDER, Judge Advocate General, March 18, 1915. 4 TABLE OF OONTEI^TS. Page. Chapter I. The President 7 II. Executive departments in general 15 III. The Department of War 51 IV. Provisions applicable to several classes of officers 57 V. The Treasury Department — The accounting officers 63 VI. Postal laws 97 VII. The Department of Justice — Habeas corpus — The Court of Claims, etc 101 VIII. The Department of the Navy— The Marine Corps 119 IX. The Revised Statutes — The Statutes at Large — The Army Regu- lations — The Army Register. /. 121 X. The Military Establishment — General provisions of organization.. 133 XI . General officers and aids 141 XII . Rank and command — Tactical and territorial organizations 143 XIII. The General Staff Corps 149 XIV. The staff departments — General provisions — Disbursing officers. . . 153 XV. The Adjutant General's Department 177 XVI. The Inspector General's Department... 189 XVII. The Judge Advocate General's Department— rMilitary prisons 193 XVIII. The Quartermaster Corps 201 XIX. The Medical Department 285 XX. The Corps of Engineers 303 XXI. The Ordnance Department — Armories and arsenals — Board of Ordnance and Fortification 311 XXII. The Signal Corps 331 XXIII. Chaplains 339 XXIV. Commissioned officers 342 XXV. Brevets — Uniform and title of ex-officers — Medals of honor — Cer- tificates of merit — Foreign decorations 369 XXVI. Enlisted men 377 XXVII. The troops of the line — Troops, batteries, companies 393 XXVIII. The United States Military Academy— The Army War College— The Service Schools 405 XXIX. Contracts and purchases 431 XXX. Public property 465 XXXI. The Militia 491 XXXII . Volunteers 513 XXXIII. Indians — Indian agents — Indian country 521 XXXIV. The employment of military force 529 XXXV. Pension laws. 555 XXXVI. The Soldiers' Home 565 XXXVII. Care of the insane 573 XXXVIII. Flag and seal of the United States 575 XXXIX. The Articles of War 577 5 6 MILITARY LAWS OF THE UNITED STATES. SUPPLEMENT. Page. Chapter I. The President 625 II. Executive departments in general 627 III. The Department of War 651 IV. Provisions applicable to several classes of officers 653 V. The Treasury Department— The accounting officers 655 VII. The Department of Justice — Habeas corpus — The Court of Claims, etc 659 VIII. The Department of the Navy— The Marine Corps 661 X. The Military Establishment — General provisions of organization . . 663 XI. General officers and aids 673 XII. Rank and command — Tactical and territorial organizations 675 XIII. The General Staff Corps.. 679 XIV. The staff departments — General provisions — Disbursing officers. . 683 XV. The Adjutant General's Department 685 XVI. The Inspector General's Department 687 XVII. The Judge Advocate General's Department — Military prisons 689 XVIII. The Quartermaster Corps , 697 XIX. The Medical Department.... 711 XX. The Corps of Engineers.... 725 XXI. T'he Ordnance Department — Armories and arsenals — Board of Ordnance and Fortification 729 XXII. The Signal Corps... 735 XXIII. Chaplains 747 XXIV. Commissioned officers 749 XXV. Brevets — Uniform and title of ex-officers — Medals of honor- Certificates of merit — Foreign decorations 764 XXVI. Enlisted men.. ^ 771 XXVII. The troops of the line — Troops, batteries, companies 779 XXVIII. The United States Military Academy— The Army War College— The service schools 789 XXIX. Contracts and purchases 797 XXX. Public property 799 XXXI. The Militia (National Guard) 803 XXXII. Volunteers 849 XXXIII. Indians — Indian agents — Indian country 851 XXXIV. The employment of military force 853 XXXV. Pension laws 857 XXXVI. The Soldiers' Home 861 XXXVIII. Flag and seal of the United States 863 XL. Eeserve Corps 865 XLI. Plants for manufacture of arms, ammunition, and suppliea- Boards and Council of National Defense, etc 885 Table of Statutes at Large and Revised Statutes 895 Table of Related Statutes 911 Index 985 CIIA.PTER I. THE PRESIDENT. Par. The Executive power 1 Commander in Chief — Cabinet^ Pardoning power 2 Term of office 3 Succession of Vice President 4 Succession of Cabinet officer 5 Same — Limitations 6 Par. Treaties — Appointment of officers. . . 7 Recess appointments 8 Commissions 9 Notification of appointments 10 Notification of rejections and con- firmations 11 Details of clerks to Executive Office. 12 1. The executive power. — The executive power ^ shall be vested in a President of the United States of America. He shall hold his office during the term of four years. * * * . Constitution^ Art, 11^ sec. 1. 2. Commander in Chief — Cabinet — Pardoning power. — The Presi- dent shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States ;2 he may require the ^ The Executive Power. — The executive power is vested in a President, and^ as far as his powers are derived from the Constitution, he is beyond the reach of any other Department, except in the mode prescribed by the Constitution through the impeaching power. (Kendall v. U. S., 12 Pet., 524, 610; Marbury v. Madison, 1 Cranch, 137, .166.) Execution of the laws. — The President is required to see that the laws are faithfully executed, but he is not obliged to execute them himself. (IV Opin. Att. Gen., 515; Williams v. U. S., 12 Pet, 524, 610.) The President speaks and acts through the heads of the several Departments in relation to subjects which appertain to their respective duties. (Wilcox v. Jackson, 13 Pet., 498, 513; Wolsey V. Chapman, 101 TJ. S., 755; Runkle v. U. S., 122 U. S., 543, 557.) As a general rule, the direction of the President is presumed in all instructions and orders issuing from the competent Department. (VII Opin. Att. Gen., 453.) In a matter which the law confides to the pure discretion of the Executive, the decision of the President, or proper head of Department, on any question of fact involved is conclusive, and is not subject to review by any other authority in the United States. (VI Opin. Att. Gen., 226 Marbury v. Madison, 1 Cr., 137, 166.) The President can not be restrained by injunction from executing a law of Congress. (Mississippi v. Johnson, 4 Wall., 475; Bates v. Taylor, 11 S. W. Rep., 266.) ' Powers as Commander in Chief. — ^As Commander in Chief he is authorized to direct the movements of the land and naval forces placed by law at his com- mand, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy. He may invade the hostile country and subject it to the sovereignty and authority of the United States. But his con- quests do not enlarge the boundaries of this Union, tfor extend the operations of our institutions and laws beyond the limits before assigned to them by the legislative power. (Fleming v. Page, 9 How., 603. 615.) The power of com- mand and control reserved by the Crown was placed by the Constitution in the 8 , MILITAR'S' IJLWS 'OF THE UNITED STATES. opinion, in writing, of the principal officer in each of the Executive Departments upon any subject relating to the duties of their respec- tice offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeach- ment.* G onstitutton^ Art. 11^ sec. 2. 3. Term of office. — The term of four years for which a President and Vice-President shall be elected shall in all cases commence on the 4th day of March next succeeding the day on which the votes of the electors have been given. Sec. 162^ R. S. 4. Succession of Vice President. — In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall hands of the President. (Street v. U. S., 24 Ct. Cls., 230; 25, id., 515, 113, U. S., 299. See also, the chapter entitled The Employment of Military Force.) May form military governments in occupied territory. — A& an incident of the exercise of belligerent rights, the President may form military and civil gov- ernments in the territory of the enemy occupied by the armies of the United States. (Cross v. Harrison, 16 How., 164, 190, 193. The Grapeshot, 19 WalL, 129, 132.) He may also institute temporary governments within insurgent districts occupied by the national forces. (Texas v. White. 7 Wall., 700, 730.) May estaUish courts in occupied territory — Limitation. — The courts estab- lished or sanctioned in Mexico during the War by the commanders of the United States forces were nothing more than the agents of the military power, to assist it In preserving order in the conquered territory and to protect the inhabitants in their persons and property while it was occupied by the Ameri- can armies. They were subject to the military power, and their decisions were imder its control whenever the commanding officer thought proper to interfere. Neither the President nor any military officer can establish a court in a con- quered country and authorize it to decide upon the rights of the United States, or of individuals in prize cases, nor to administer the laws of nations. ( Jecker v. Montgomery, 13 How., 498, 515. The Grapeshot, 9 Wall., 129, 132.) For authority to employ secret agents in time of war, see Totten v. U. S., 92 U. S., 105, 107. For powers and duties of the Executive in connection with the Army, the Militia, and the Army Regulations, etc., see the chapters so entitled. The constitutional power of the President to command the Army and Navy, and of Congress " to make rules for the government and regulation of the land and naval forces" are distincft; the President can not, by military orders, eva-de the legislative regulations; Congress can not, by rules and regulations, impair the authority of the President as Commander in Chief. (Swaim v. V. S., 28 Ct. Cls., 173.) When a law is passed for the regulation of the Army which does not impair the efficiency of the President as Commander in Chief, he becomes, as to that law. an executive officer, and is limited in the discharge of his duties by the statute. (McBlair v. U. S., 19 id., 528.) ^The pardoning power. — ^A pardon is an act of grace proceeding from the power intrusted with the execution of the laws, which exempts the individual on whom it is bestowed from -the punishment the law inflicts for a crime he has committed. It is the private though official act of the executive magistrate, delivered to the individual for whose benefit it is intended, and not communi- cated officially to the court. (U. S. v. Wilson, 7 Pet, 150, 161; Coke, 3d Inst, 233.) The power which the Constitution confers upon the President to grant pardons can not be controlled or limited, in any manner, by Congress. (Ex parte Garland, 4 Wall., 333, 380; U. S. v. Klein. 13 Wall., 128, 147; IV Opin. Att. Gen., 458; 19 id., 476.) Delivery and acceptance. — The pardon is a private though official act. It is official in that it is the act of the Executive; it is private in that it is delivered to the individual and not to the court. It must be pleaded, or brought officially to the knowledge of the court, in order that the court may give it effect in any given case. There is nothing peculiar in it to distinguish it from other acts. MILITARY LAWS OF THE UNITED STATES. 9 devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the dis- ability be removed, or a President shall be elected. Constitution^ Art. 11^ sec. i, far. 5. 5. Succession of Cabinet Officers. — In case of removal, death, resignation, or inability of both the President and Vice-President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secre- tary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if It is a deed to the validity of wMcli delivery is essential, and the delivery is not complete without acceptance. It may be rejected by the person to whom it is tendered, and, if rejected, there is no power in the court to force it upon the individual. (U. S. v. Wilson, 7 Pet, 150.) Effects. — Subject to exceptions therein provided, a pardon by the President restores to its recipient all rights of property lost by the offense pardoned, unless the property has, by judicial process, become vested in other persons. (Osborn v. U. S., 91 U. S., 474; V Opin. Att. Gen., 532.) Power to mitigate and com/mute. — The President may, by an exercise of the pardoning power, mitigate or commute a punishment imposed by any court of the United States. (Ex parte Wells, 18 How., 307; In re Ross, 140 U. S., 453.) In mitigating the sentence of a naval court-martial the President may substi- tute a suspension for a term of years without pay for an absolute dismissal from the service, as suspension is but an inferior degree of the same punish- ment. (I Opin. Att. Gen., 4^3.) Conditional pardons. — The language of the Constitution is such that the power of the President to pardon conditionally is not one of inference, but is conferred in terms, the language being " to grant reprieves and pardons," which includes absolute as well as conditional pardons. Under this power the Presi- dent can grant a conditional pardon to a person under sentence of death, offer- ing to commute that punishment into an imprisonment for life. If this is accepted by the convict he has no right to contend that the pardon is absolute and the condition of it void. (Ex parte Wells, 18 How., 307; Osborn v. V. S., 91 U. S., 474; U. S. v. Wilson, 7 Pet, 150.) When a pardon is granted with conditions annexed the conditions must be performed before the pardon is of any effect (Waring v. U. S., 7 Ct. Cls., 501.) One who claims the benefit of a pardon must be held to strict compliance with its conditions. (Haym v. U. S., 7 Ct Cls., 443; Scott v. U. S., 8 id., 457.) The condition annexed to a pardon must not be impossible, unusual, or illegal ; but it may, with the consent of the prisoner, be any punishment recognized by the statutes or by the common law as enforced by the State. (Lee v. Murphy, 22 Grat (Va.), 789.) Time of exercise. — The President of the United States has the conditional power to pardon as well before trial and conviction as afterwards; but it is a power only to be exercised with reserve and for exceptional considerations. (VI Opin. Att Gen., 20; 1 id., 341; 2 id., 275; 5 id., 687; Ex parte Garland, 4 Wall., 333; Dominick v. Davidson, 44 Ga., 457; 5 Blair v. Com., 25 Grat (Va.), 850.) It is competent for the President to grant a pardon after the expiration of the term of sentence, thereby relieving from consequential dis- abilities. (Stetler's case, 1 Phil., IX, 38; Com. v. Bush, 2 Duv. (Ky.), 264.) The loss of rights of citizenship does not attach to those deserting the mili- tary or naval service in time of peace, after August 22, 1912. (37 Stat 356.) For this act see page 1052, Limitation upon the pardoning power. — ^The Constitution gives to Congress the power to dispose of the public property and to the President only the power to pardon crimes; and the President, having no title to forfeited property, can not restore it, though he may pardon the offense which caused the forfeiture. Property confiscated by judgment to the United States is beyond 10 MILITARY LAWS OF THE UNITED STATES. there be none, or in case of his removal, death, resignation, or in- ability,* then the Attorney-General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster- General, or if there be none, or in case of his removal, death, resig- nation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as. President until the dis- ability of the President or Vice-President is removed or a President shall be elected: Provided^ That vrhenever the pov^ers and duties of the oiSce of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days the reach of executive clemency and is absolutely national property. The President has no right to dispose of that which belongs to the Nation. (Knote i). U. S., 10 Ct. CIS., 397, 406 ; 95 U. S., 14^157 ; U. S. v. Six Lots of Ground, 1 Woods, 234; Osborn v. U. S., 91 U. S., 474, 477.) Pleading. — A pardon is a deed, to the validity of which delivery is essential, and delivery is not complete without acceptance. * * * The pardon may possibly apply to a different person or to a different crime. It may be absolute or conditional. It may be controverted by the prosecutor and must be expounded by the court. These circumstances combine to show that this, like any other deed, ought to be brought before the court by plea, motion, or other- wise. (U. S. V. Wilson, 7 Pet., 150, 161; Ex parte Reno, 66 Mo., 266.) The recital of a specific, distinct offense, in a pardon by the President, limits its operation to that offense, and such pardon does not embrace any other offense for which separate penalties and punishments are provided. (Ex parte Weimer, 8 Biss., C. Ct., 321.) The conviction having been of two offensfes, and the pardon reciting only one, the pardon operates upon the offense recited. (State V. Foley, 15 Nev., 64.) Appointments to office. — Appointments provided for by act of Congress, merely in general terms, must be made by and with the advice and consent of the Senate. (VI Opin. Att. Gen., 1.) When a person has been nominated to an oflBce by the President, confirmed by the Senate, and his commission has been signed by the President, and the seal of the United States affixed thereto, his appointment to that office is complete. Congress may provide * * * that certain acts shall be done by the appointee before he shall enter on the possession of the office under the appointment. These acts then become con- ditions precedent to the complete investiture of the office; but they are to be performed by the appointee, not by the Executive; all that the Executive can do to invest the person with his office has been completed when the commis- sion has been signed and sealed, and when the person has performed the re- quired condition, his title to enter on the possession of the office is also com- plete. (U S. V. Le Baron, 19 How., 73, 78; U. S. v. Stewart, id. 79; Marbury f. Madison, 1 Cranch, 137.) Powers of officers. — ^All the officers of the Government, from the highest to the lowest, are but agents with delegated powers, and if they act beyond the scope of their delegated powers their acts do not bind the principal. (U. S. v. Maxwell Grant, 21 Fed. Rep., 19.) An officer can only bind the Government by acts which come within a just exercise of his official power. (Hunter v. U. S., 5 Pet., 173, 178 ; The Floyd Acceptances, 7 Wall., 666 ; State v. Hastings, 12 Wis., 596.) It is a question of law for the court whether an act is a part of the official duty of a public officer. (U. S. v. Buchanan, 8 How., 83.) Every public officer is required to perform all duties which are strictly official, al- though they may be required by laws passed after he comes into office, and may be cumulative upon his original duties, and although his compensation therefor be wholly inadequate. In such case he must look to the bounty of Congress for any additional reward. (Andrews v. U. S., 2 Story, 202.) * An officer is bound to use that care and diligence in the discharge of his duties that a con- scientious and prudent man, acting under a just sense of his obligations, would exercise under the circumstances of a particular case, and if he fails and De- lects to do so he is culpable. (U. S. v. Baldridge, 11 Fed. Rep., 552.) MILITARY LAWS OF THE UNITED STATES. 11 thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. Sec, 1, Act of Jan. 19, 1886 {24 Stat. 1). 6. Same — Limitations. — ^The preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitu- tion, and not under impeachment by the House of Representatives of the United States at the time the. powers and duties of the office shall devolve upon them respectively. Sec. 2, id. Presumptions as to offi MILITARY LAWS OF THE UNITED STATES. mitted to the Secretary of the Interior, shall hereafter be trans- mitted to the Director of the Census.^ Act of June 7, 1906 (S^ Stat. 219). 106. When furnished printer. — The head of each Department, except the Department of Justice, shall furnish to the Congressional Printer copies of the documents usually accompanying his annual report, on or before the first day of November in each year, and a copy of his annual report on or before the third Monday of Novem- ber in each year. Sec. 196, R. S. 107. Exclusion of certain matters. — The heads of the Executive Departments, before transmitting their annual reports to Congress, the printing of which is chargeable to this appropriation, shall cause the same to be carefully examined, and shall exclude therefrom all matter, including engravings, maps, drawings, and illustrations, except such as they shall certify in their letters transmitting such reports to be necessary and to relate entirely to the transaction of the public business. Act of Aug. 30, 1890 {26 Stat. Ji,ll). 108. Condition of business. — Hereafter it shall be the duty of the head of each Executive Department, or other Government establish- ment at the seat of Government, not under an Executive Department, to make at the expiration of each quarter of the fiscal year a written report to the President as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears. Sec. 7, Act of Mar. 15, 1898 {30 Stat. 317). 109. Inventories of property. — The Secretary of State, the Secre- tary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attor- ney-General, and Commissioner of Agriculture shall keep, in proper books, a complete inventory of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subse- quently to the taking of such inventory, as well as an account of the sale or other disposition of any of such property, except supplies of stationery and fuel in the public offices and books, pamphlets, and papers in the Library of Congress. Sec. 197, R. S., as amended by Act of Feb. 27, 1877 {19 Stat. 2U). 110. Penalty for failure to make. — Every officer who neglects or refuses to make any return or report which he is required to make at stated times by any act of Congress or regulation of the Depart- ment of the Treasury, other than his accounts, within the time pre- ^The Official Register comprises the names of all persons in the service of the United States, exclusive of the Postal Service. It is published once every two years. (See par. Ill post.) MILITABY LAWS OF THE UNITED STATES. 43 scribed by such act or regulation, shall be fined not more than one thousand dollars. Sec. 101^ Act of Mar. 4, 1909^ Criminal Code (35 Stat. 1107). 111. The official register. — To enable the officer charged with the duty of preparing the Official Register of the United States to pub- lish the same, the Secretary of the Senate, the Clerk of the House of Representatives, the head of each Executive Department of the Government, and the chief of each and every bureau, office, com- mission, or institution not embraced in an Executive Department, in connection with which salaries are paid from the Treasury of the United States, shall, on the first day of July in each year in which a new Congress is to assemble, cause to be filed with the Secretary of the Interior a full and complete list of all officers, agents, clerks, and other employees of said Department, bureau, office, commission, or institution connected with the legislative, executive, or judicial service of the Government, or paid from the United States Treasury, including military and naval officers of the United States, cadets, and midshipmen. Said lists shall exhibit the salary, compensation, and emoluments allowed to each of said officers, agents, clerks, and other employees, the State or country in which he was born, the State or Territory and Congressional district and county of which he is a resident and from which he was appointed to office, and where employed. A list of the names, force, and condition of all ships and vessels belonging to the United States, and when and where built, shall also be filed with the Secretary of the Interior by the heads of the De- partments having supervision of such ships and vessels, for incorpo- ration in the Official Register. &ec. 78, Act of Jan. 12, 1896 (28 Stat. 618). 112. Blanks, hooks, and forms. — The Public Printer is authorized hereafter to procure and supply, on the requisition of the head of any Executive Department or other Government establishment, com- plete manifold blanks, books, and forms, required in duplicating processes; also complete patented devices with which to file money- order statements, or other uniform official papers, and to charge such supplies to the allotment for printing and binding of the De- partment or Government establishment requiring the same. Act of June 28, 1902 (32 Stat. 4S1). 113. Books and documents — Restrictions. — Hereafter no book or document not having to do with the ordinary business transactions of the Executive Departments shall be printed on the requisition of any Executive. Department or unless the • same shall have been expressly authorized by Congress. Act of Mar. 3, 1905 (33 Stat, 12 k9). 44 MILITARY LAWS OF THE UNITED STATES. 114. Appropriations chargeable. — Hereafter, in the printing and binding of documents or reports emanating from the Executive Departments, bureaus, and independent offices of the Government, the cost of which is now charged to the allotment for printing and binding for Congress, or to appropriations or allotments of appro- priations other than those made to the Executive Departments, bureaus, or independent offices of the Government, the cost of illus- trations, composition, stereotyping, and other work involved in the actual preparation for printing, apart from the creation of manu- script, shall be charged to the appropriation or allotment of appro- priation for the printing and binding of the Department, bureau, or independent office of the Government in which such documents or reports originate ; the balance of cost shall be charged to the allot- ment for printing and binding for Congress, and to the appropria- tion or allotment of appropriation of the Executive Department, bureau, or independent office of the Government, in proportion to the number delivered to each; the cost of any copies of such docu- ments or reports distributed otherwise than through Congress, or the Executive Departments, bureaus, and independent offices of the Government, if such there be, shall be charged as heretofore: Pro- vided^ That on or before the first day of December in each fiscal year each Executive Department, bureau, or independent office of the Government to which an appropriation or allotment of appro- priation for printing and binding is made, shall obtain from the Public Printer an estimate of the probable cost of all publications of such Department, bureau, or independent office now required by law to be printed, and so much thereof as would, under the terms of this resolution, be charged to the appropriation or allotment of appropriation of the Department, bureau, or independent office of the Government in which such publications originate, shall there- upon be set aside to be applied only to the printing and binding of such documents and reports, and shall not be available for any other purpose until all of such allotment of cost on account of such documents and reports shall have been fully paid. Joint Res. No. 18^ of Mar. 30, 1906 (34 Stat. 825) . 115. Same. — No other fund appropriated by this Act, or any other Act, shall be used for services or other purposes in the Government Printing Office, or in the office of the superintendent of documents, of the character specified in the foregoing paragraphs, except in cases of emergency arising after the passage of this Act, and then only on the written order of the Public Printer; and the aggregate of all salaries or other expenses thus paid, in addition to those specifically appropriated for above, shall be reported to Congress MILITARY LAWS OF THE UNITED STATES. 45 each year in connection with the annual estimates. Act of Mar. 4-, 1909 {36 Stat. 1021). 116. Illustrations. — Hereafter no part of the appropriations made for printing and binding shall be used for any illustration, engrav- ing, or photograph in any document or report ordered printed by Congress unless the order to print expressly authorizes the same, nor in any document or report of any executive department or other Government establishment until the head of the executive depart- ment or Government establishment shall certify in a letter trans- mitting such report that the illustration is necessary and relates entirely to the transaction of public business. Sec. i. Act of Mar. 3, 1905 {33 Stat. 1213). 117. Number of copies — Two or more editions. — The number of copies of any public document or report now authorized to be printed or which may hereafter be authorized to be printed for any of the Executive Departments, or bureaus or branches thereof, or inde- pendent offices of the Government may be supplied in two or more editions, instead of one, upon a requisition on the Public Printer by the official head of such Department or independent office, but in no case shall the aggregate of said editions exceed the number of copies now authorized, or which may hereafter be authorized. Joint Res. No. U, of Mar. 30, 1906 {3 J,. Stat. 826). 118. Rented buildings in District of Columbia. — Hereafter no con- tract shall be made for the rent of any building, or part of any building, in Washington, not now in use by the Government, to be used for the purposes of the Government, until an appropriation therefor shall have been made in terms by Congress. Act of June 22,187Ji, {18 Stat. lU)- 119. Future leases in District of Golumhia. — Hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and that this clause be regarded as notice to all contractors or lessors of any such building or any part of building. Act of March 3, 1877 {19 Stat. 370). 120. Same — Renting other buildings. — Where buildings are rented for public use in the District of Columbia, the Executive Depart- ments are authorized, whenever it shall be advantageous to the pub- lic interest, to rent others in their stead : Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom. Act of Aug. 5, 1882 {22 Stat. 2J^1). 121. Recording clocks prohibited. — No money appropriated by this act shall be used for expense of repairing recording clocks used for recording time of clerks or other employees in any of the Executive Departments at Washington, nor shall there thereafter be used in 46 MILITABY LAWS OF THE UNITED STATES. any of the Executive Departments at Washington any such record- ing clocks. Act of Feb. U, 1839 {30 StaL 864). 122. Draping public buildings. — Hereafter no building owned, or used for public purposes, by the Government of the United States, shall be draped in mourning and no part of the public fund shall be used for such purposes. Sec. S, Act of Mar. 3, 1893 {27 Stat. 715). 123. Closing Departments on death of ex-official. — Hereafter the Executive Departments of the Government shall not be closed as a mark to the memory of any deceased ex-official of the United States. Sec. ^, Act of Mar. 3, 1893 {27 Stat. 716). 124. Boohs.) etc..) of disbursing officers accessible to a/)Counting offi- cers. — All books, papers, and other matters relating to the office or accounts of disbursing officers of the Executive Departments, and commissions, boards, and establishments of the Government in the District of Columbia shall at all times be subject to inspection and examination by the Comptroller of the Treasury and the Auditor of the Treasury authorized to settle such accounts, or by the duly authorized agents of either of said officials.^ Act of Feb. 19, 1897 {29 Stat. 650). 125. Department libraries depositories of public documents. — The libraries of the eight Executive Departments, of the United States Military Academy, and United States Naval Academy are hereby constituted designated depositories of Government publications, and the superintendent of documents shall supply one copy of said publi- cations in the same form as supplied to other depositories to each of said libraries. Sec. 98, Act of Jan. 12, 1896 {28 Stat. 624) . 126. Postage stamps for official u^e. — The Secretaries, respectively, of the Departments of State, of the Treasury, War, Navy, and of the Interior, and the Attorney- General, are authorized to make requisitions upon the Postmaster- General for the necessary amount of official postage stamps for the use of their Departments, not ex- ceeding the amount stated in the estimates submitted to Congress; and upon presentation of proper vouchers therefor at the Treasury, the amount thereof shall be credited to the appropriation for the service of the Post- Office Department for the same fiscal year. Sec. 2, Act of Mar. 3, 1883 {22 Stat. 663). 127. Telegraph connecting Capitol with executive departments. — The lines of telegraph, connecting the Capitol with the various De- partments in Washington, constructed under and by virtue of the act of Congress approved March third, eighteen hundred and sev- enty-three, entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes," be, and *Act of Mar. 15, 1898, 30 Stat. 316, is to the same effect. MILITARY LAWS OF THE UNITED STATES. 47 the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds ; and that the said officer be authorized and empowered to make rules and regulations for the working of said lines. And the Secretary or head of each Ex- ecutive Department, and the Congressional Printer, are hereby authorized to detail one person from their present force of employees to operate the instruments in said Departments and Printing Office, and each House of Congress may provide for the employment of an operator in their respective wings of the Capitol, at a compensation not exceeding one hundred dollars per month, during the sessions of Congress. Act of Feb. ^ 187 ^ {18 Stat. H). 128. Same — Restrictions. — Said lines of telegraph shall be for the use only of Senators, Members of Congress, Judges of the United States courts, and officers of Congress and of the Executive De- partments, and solely on public business. Act of Mar. 7, 187 Jf {18 Stat. 20). 129. Destroying^ etc.^ public records. — Whoever shall willfully and unlawfully conceal, remove, mutilate, obliterate, or destroy, or at- tempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take or carry away any record, proceeding, map, book, paper, docu- ment, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined not more than two thousand dollars, or imprisoned not more than three years, or both. Sec. 128, Act of Mar. 4, 1909, Criminal Code {35 Stat. nil). 130. Same — By custodian. — Whoever, having the custody of any record, proceeding, map, book, document, paper, or other thing specified in the preceding section, shall willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, or destroy any such rec- ord, proceeding, map, book, document, paper, or thing, shall be. fined not more than two thousand dollars, or imprisoned not more than three years, or both; and shall moreover forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States. Sec. 129, Act of Mar. 4, 1909, Criminal Code {35 Stat. 1112). 131. Forging, etc., public records. — ^Whoever shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid, or assist in the false making, altering, forging, or counterfeiting, any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter 48 MILITARY LAWS OF THE UNITED STATES. or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, pub- lic record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause or pro- cure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, pub- lic record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding -the United. States, shall be fined not more than one thousand dollars, or imprisoned not more than ten years, or both. Sec. ^8^ Act of Mar, i, 1909, Criminal Code {36 Stat. 109 k). 132. Report to Congress — Sale. — ^Whenever there shall be in any one of the Executive Departments of the Government an accumula- tion of files of papers, which are not needed or useful in the trans- action of the current business of such Department and have no per- manent value or historical interest, it shall be the duty of the head of such Department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such, papers. And upon the submission of such report, it shall be the duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Representatives to ap- point two Representatives, and the Senators and Representatives so appointed shall constitute a joint committee, to which shall be re- ferred such report, with the accompanying statement of the condi- tion and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a re- port of such examination and their recommendation. And if they report that such files of papers or any part thereof are not needed or useful in the transaction of the current business of such Depart- ment, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice mviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. Act of Feb. 16, 1889 {26 Stat. 672). 133. Same. — The act entitled "An act to authorize and provide for •the disposition of useless papers in the Executive Departments," ap- proved February sixteenth, eighteen hundred and eighty-nine, is hereby amended so as to include in its provisions any accumulation of files of papers of a like character therein described now or here- after in the various public buildings under the control of the several MILITARY LAWS OF THE UNITED STATES. 49 Executive Departments of the Government. Act of Mar. 2^ 1895 {28 Stat. 933), 134. Subpoenas — Depositions. — Any head of a Department or Bu- reau in which a claim against the United States is properly pending may apply to any judge or clerk of any court of the United States, in any State, District, or Territory, to issue a subpoena for a witness being within the jurisdiction of such court, to appear at a time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross- interrogatories as may be submitted with the application, or to be orally examined and cross-examined upon the subject of such claim. Sec. m, R. S. 135. WitTiess fees. — Witnesses subpoenaed pursuant to the preced- ing section shall be allowed the same compensation as is allowed witnesses in the courts of the United States. Sec. 185^ R. S. 136. Compelling testimony. — If any witness, after being duly served with such subpoena, neglects or refuses to appear, or, ap- pearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upon proper process, to enforce obedi- ence to the subpoena, or to punish the disobedience, in like manner as any court of the United States may do in case of process of subpoena ad testificandum issued by such court. Sec. 186^ R. S. 137. Professional assistance. — Whenever any head of a Department or Bureau having made application pursuant to section one hundred and eighty-four, for a subpoena to procure the attendance of a w^it- ness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney- General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in attending such examination, or mak ing such investigation, and it shall be the duty of the Attorney- General to provide for such service. Sec. 187^ R. S. 138. Employment of legal services. — No head of a Department shall employ attorneys or counsel at the expense of the United States, but shall, when in need of counsel or advice, call upon the Department of Justice, the officers of which shall attend to the same. Sec. 189, R. S. 139. Evidence furnished to Court of Claims. — In all suits brought against the United States in the Court of Claims founded upon any contract, agreement, or transaction with any Department, or any Bureau, officer, or agent of a Department, or where the matter or thing on which the claim is based has been passed upon and decided by any Department, Bureau, or officer authorized to adjust 92061"— 17 4 50 MILITARY LAWS OF THE UNITED STATES. it, the Attorney- General shall transmit to such Department, Bureau, or officer, a printed copy of the petition j&led by the claimant, with a request that the Department, Bureau, or officer, shall furnish to the Attorney- General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish the Attorney- General with a full statement, in writing, of all such facts, information, and proofs. The statement shall contain a reference to or description of all such official documents or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and prin- ciples upon which such decision was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically ; and if any previous interpretation or construction has been given to sucH act, section, or clause by the Department, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bearing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the sam« facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and trans- mitted in each case respectively. Sec, 188, R. S, 140. Prosecution of claims hy ex-employees, — It shall not be lawful for any person appointed after the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employee in any of the Departments, to act as counsel, attorney, or agent for prosecuting any claim against the United States which was pend- ing in either of said Departments while he was such officer, clerk, or employee, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employee. Sec. 190, R. S, (See XVIII Opiu. Att. Gen., 125, 136; XIX id., 328; XX id., 657.) CHAPTER III. THE DEPARTMENT OF WAR. Par. The War Department 141-162 Secretary of War, Department of War 141 Assistant Secretary of War 142 Absence or ilhiess of Secretary of War 143 Assistant and chief clerk 144 Temporary absence of Secretary ofWar 145 Absence of bureau chiefs 146 Duties of the Secretary of War. . 147 Secretary of War custodian of department property, etc 148 Secretary of War to cause colors, etc., to be collected 149 Transports not to be sold without consent of Congress 150 Transport service not to be dis- continued without action of United States vessels to be pre- ferred in transporting supplies, etc 151 152 Par. The War Department — Continued. Detail of employees to administer oaths 153 Superintendent of State, War, and Navy building 154 Bureau of Insular Affairs 155 Chief of Bureau of Insular Affairs to rank as brigadier general. . . 156 Assistant, Bureau of Insular Af- fairs 157 Same 158 Same 159 Secretary of War authorized to deliver obsolete cannon to Volunteer and State Homes. . . 160 No additional compensation 161 Secretary of War to determine and adjust claims for dam^ea due to heavy gun fire, target practice, etc., in connection with maneuvers 162 141. Secretary of War — Department of War. — There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof.^ Sec. 214, R. S. 142. Assistant Secretary of War. — There shall be in the Depart- ment of War an Assistant Secretary of War, who shall be appointed by the President, by and with the advice and consent of the Senate, ^ The Department of War and the office of Secretary of War were created by the act of August 7, 1789 (1 Stat. 49). The powers and duties of the Secre- tary of War were defined in an ordinance of Congress dated January 27, 1785 (1 Stat. 49, note ft). The office of Secretary of War included that of Secre- tary of the Navy until April 30, 1798, when the Department of the Navy was established, and so much of the act of August 7, 1789, as imposed duties upon the Secretary of War in connection therewith was repealed (1 Stat. 558). For statutory provisions respecting a temporary vacancy in the office of Secre- tary of War see paragraphs 13 to 18, ante. 61 62 MILITARY LAWS OF THE UNITED STATES. and shall be entitled to a salary of four thousand five hundred dol- lars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law.^ Act of Mar. 5, 1890 {26 Stat, 17), 143. Absence or illness of Secretary of War. — The President may authorize and direct the Commanding General of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his tem- porarily performing such duties. Act of Aug. 5, 1882 {22 Stat, 238), 144. Assistant and chief clerk. — There shall be in the said Depart- ment an inferior officer, to be appointed by said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers appertaining to the said Department. Act of Feb. 27, 1877 (19 Stat. 2P), amending Sec. 215, R, S, (Now assistant and chief clerk. Act of May 22, 1908 (35 Stat. 213).) 145. Temporary absence of Secretary of War. — When, from illness or other cause, the Secretary of War is temporarily absent from the War Department, he may authorize the chief clerk of the Depart- ment to sign requisitions upon the Treasury Department, and other papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War him- self. Act of Mar. 4, 1874 {1^ Stat. 19). (For the general duties of chief clerks see Chapter II, ante.) 146. Absence of bureau chief. — During the absence of the Quarter- master-General, or the chief of any military bureau of the War De- partment, the President is authorized to empower some officer of the department or corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of department or corps, as the case may be, during such ab- ^The act of August 5, 1882 (22 Stat. 237), authorizing the appointment of an Assistant Secretary of War was repealed by the act of July 7, 1884 (23 Stat. 179), the power conferred by the act of August 5, 1882, never having been exercised. In the case of Ryan v. U. S., 136 U. S., 18, 80, it was held that the authority vested in the Secretary of War could in his absence be exercised by the ofllcer who under the law became for the time Acting Secretary of War. The salary of the Assistant Secretary of War was increased to $5,(X)0 by act of May 22, 1908 (35 Stat. 213). MILITABY LAWS OF THE UNITED STATES. 53 sence.^ Sec. 1132, R. S., as amended hy the Act of F el. 26^1817 {19 Stat. 242). 147. Duties of the Secretary of War. — The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to military commissions, the military forces, the warlike stores of the United States, or to other matters respecting military affairs ; and he shall conduct the business of the Department in such manner .as the President shall direct.^ Sec. 216, B. S. {see sees. 3660-3665, 3669, R.S.). - - 148. Secretary of War custodian of department property, etc. — • The Secretary of War shall have the custody and charge of all the books, records, papers, furniture, fixtures, and other property apper- taining to the Department. Sec. 217^ R. S. *Tliis section contains the substance of section 5 of the act of July 4, 1836 (5 Stat. 117), which was passed in order to enable Q. M. Gen. Thos. S. Jesup to exercise command of the troops engaged in the prosecution of the Florida v/ar. General Jesup served under this assignment from May 19, 1836, to July 7, 1838, when he resumed the performance of his duties as Quartermaster- General in the War Department. ^The Secretary of War is the regular constitutional organ of the President for the administration of the Military Establishment of the Nation; and rules and orders publicly promulgated through him must be received as the acts of the Executive and, as such, be binding upon all within the sphere of his legal and constitutional authority. Such regulations can not be questioned or defied because they may be thought unwise or mistaken. The right of so consider- ing and treating the authority of the Executive, vested as it is with the com- mand of the military and naval forces, could not be intrusted to officers of any j:rade inferior to the Commander in Chief; its consequence, if tolerated, would be a complete disorganization of both the Army and Navy. (U. S. v. Eliason, 36 Pet, 291, 302; Wilcox v. Jackson, 13 Pet, 498, 513; Wolsey v. Chapman, 101 U. S., 755; Runkle v. U. S., 122 U. S., 543, 557; U. S. v. Adams, 7 Wall., 463.) The Secretary of War is not required to perform duties in the tield. He does not compose any part of the Army, and has no service to perform that may not be done at the seat of government. (I Opin. Att. Gen., 457; U. S. v. Burns, 12 Wall., 246; see also note 2 to par. 5, and the title Bridges over the navigable waters of the United States, in the chapter entitled "The Corps of Engineers." ) Duties imposed hy statute. — In addition to his duties as the constitutional organ of the President for the administration of the Military Establishment, the Secretary of War is, by other statutes, charged with the supervision of the administration of the several bureaus or offices of the War Department, their estimates, contracts, expenditures, reports, and returns being under his sole direction and control. He hais also been charged, from time to time, with the execution of laws relating fo national cemeteries, the Soldiers' Home, the National Home for Disabled Volunteer Soldiers, the military prison, the detail of officers to colleges, the distribution of relief to sufferers by fire, flood, or by the failure of crops, due to drought or other causes, the construction and opera- tion of canals, roads, and lines of telegraph, the location and construction of bridges over the navigable waters of the United States, of railroads through the public lands, the protection of settlers and emigrants, the establishment of harbor lines, the adjustment of claims, the establishment and maintenance of national military parks, and the location, marking, and preservation of lines of battle on the battlefields of the Civil War. Since the act of June 28, 1864, all statutes authorizing the construction of works of river and harbor improve- ment have contained the provision that the sums appropriated shall be ex- pended under his direction. The Military Academy and the schools of applica- tion at Willets Point, Fortress Monroe, and at Forts Leavenworth and Riley are also carried on under the immediate supervision of the Secretary of War. By the act of April 10, 1878, the Secretary of War is authorized to prescribe rules and regul: tions to be observed in the preparation, submission, and opening of bids for contracts under the War Department 64 MILITARY LAWS OF THE UNITED STATES. 149. Secretary of War to cause colors^ etc., to he collected. — The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of government, all such flags, stand- ards, and colors as are taken by the Army from the enemies of the United States. Sec. 218, R, S. 150. Transports not to he sold without consent of Congress. — No steamship in the transport service of the United States shall be sold or disposed of without the consent of Congress having been first had or obtained. Act of Mar. 2, 1903 {32 Stat. 938). 151. Transport service not to he discontinued without action of Congress. — No action looking to the discontinuance of the transport service shall be taken without further action of Congress. Id. 152. United States vessels to he preferred in transporting supplies, etc. — Vessels of the United States, or belonging to the United States, and no others, shall be employed in the transportation by sea of coal, provisions, fodder, or supplies of any description, pur- chased pursuant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charges by said vessels are excessive and unreasonable, in which case contracts shall be made under the law as it now exists: Provided, That no greater charges be made by such vessels for transportation of articles for the use of the said Army and Navy than are made by such vessels for transportation of like goods for private parties or companies. Act of Apr. 28, 190^ (33 Stat. 618). 153. Detail of employees to administer oaths. — The Secretary of War is authorized to detail one or more of the employees of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. Sec. 225, R. S. 154. Superintendent of State, War, and Navy huilding. — The President is hereby authorized and directed to designate from the Engineer Corps of the Army or the Navy, an officer well qualified for the purpose, who shall be detailed to act as superintendent of the completed portions of the State, War, and Navy Department build- ing, under direction of the Secretaries of State, War, and Navy, who are hereby constituted a commission for the purposes of the care and supervision of said building, as hereinafter specified. Said officer shall have charge of said building, and all the engines, ma- chinery, steam and water supply, heating, lighting, and ventilating apparatus, elevators, and all other fixtures in said building, and all necessary repairs and alterations thereof, as well as the direction and control of such force of engineers, watchmen, laborers, and MILITARY LAWS OF THE UNITED STATES. 55 others engaged about the building or the apparatus under his super- vision; of the cleaning of the corridors and water closets; of the approaches, side-walks, lawns, court-yards, and areas of the build- ing, and of all rooms in the sub-basement which contain the boilers and other machinery, or so much of said rooms as may be indispen- sable to the proper performance of his duties as herein provided.* Act of Mar. S, 1883 {22 Stat. 553). 155. Bureau of Insular Affairs. — The Division of Insular Affairs of the War Department, organized by the Secretary of War, is hereby continued until otherwise provided, and shall hereafter be laiown as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters per- taining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department; and the Secretary of War is hereby authorized to detail an officer of the Army whom he may consider especially well qualified, to act under the authority of the Secretary of War as the chief of said Bureau; and said officer while acting under said detail shall have the rank, pay, and allowances of a colonel. Sec. 87, Act of July i, 1902 (32 Stat. 712). 156. Chief of Bureau of Insular Affairs to rank as brigadier gen- eral. — The Chief of the Bureau of Insular Affairs of the War De- partment shall hereafter be appointed by the President for the period of four years, unless sooner relieved, with the advice and consent of the Senate, and while holding that office he shall have the rank, pay, and allowances of a brigadier general. Act of June 25, 1906 {3^ Stat. 1^56). 157. Assistant, Bureau of Insular Affairs. — The Secretary of War is hereby authorized to detail an officer of the Army, whom he may consider especially well qualified, to act as principal assistant to the Chief of the Bureau of Insular Affairs of the War Department, and said principal assistant while acting under said detail shall have the rank, pay, and allowances of a major. Act of Mar. 2, 1907 {3Jf Stat, 1162). 158. Same. — The provisions of section twenty-seven of the Act of February second, nineteen hundred and one, with reference to the transfer of officers of the line to the departments of the staff for tours of service, shall apply to the vacancy created by this Act and to the return of the officer so detailed to the line of the Army. Id. 159. Same. — The Secretary of War is hereby authorized to detail one additional officer of the army as assistant to the Chief of the ^The Mills Building and the Navy Department Annex are also under the charge of the Superintendent of the State, War, and Navy building. (Act of May 22, 1908, 35 Stat. 218.) 66 MILITABY LAWS OF THE UNITED STATES. Bureau of Insular Affairs, under the same provisions of law in re- gard to the vacancy in the line thus created and return to the line as govern in the case of the assistant authorized by the Act of March second, nineteen hundred and seven; and the assistant herein au- thorized while serving in this capacity shall have the rank, pay, and allowances of colonel; and both officers detailed in the Bureau of Insular Affairs shall hereafter be designated, while on this duty, as assistants to the chief of the bureau. Act of Mar. 23^ 1910 (36 Stat. 248). 160. Secretary of War authorized to deliver obsolete cannon to Volunteer and State Homes. — The Secretary of War * * * jg authorized and directed, subject to such regulations as he may pre- scribe, to deliver to any of the " National Homes for Disabled Vol- unteer Soldiers" already established or hereafter established and to any of the State Homes for soldiers and sailors or either now or hereafter duly established and maintained under State authority, such obsolete serviceable cannon, bronze or iron, suitable for firing salutes, as may be on hand undisposed of, not exceeding two to any one Home. Act of Pel. 8, 1889 {25 Stat. 657). 161. No additional compensation. — Hereafter it shall be unlawful to allow or pay to any of the persons designated in this act any addi- tional compensation from any source whatever, or to retain, detail, or employ in any branch of the War Department in the city of Washington any persons other than those herein authorized,^ ex- cept in the Signal Offices and the Engineer Corps, and except such commissioned officers as the Secretary of War may, from time to time, assign to special duties. Act of June 20., 187 4 {18 Stat. 101). 162. Secretary of War to determine and adjust claims for damages due to heavy gun flre^ target practice^ etc.^ in connection with maneuvers. — That hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occa- sioned by heavy gun fire and target practice of troops, and for dam- ages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Govern- ment is responsible, and report the amounts so ascertained and deter- mined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. Act of Aug. 24, 1912 {37 Stat. 586). *The act specifies the number of clerks who may be employed in the War Department. Since 1874 the number of clerks has been changed by legislation, but the general rule set forth above would appear to be still in force. CHAPTER IV. PKOVISIONS APPLICABLE TO SEVEEAL CLASSES- OF OFFICERS. Par. The civil service 163-177 President to establish civil- service regulations 163 Appointments to civil office; preferences 164 Recommendation of military persons for private employ- ment 165 Examination for the civil service 166 Salaries 167 Same 168 Persons drawing $2,500 yearly compensation not to hold second office 169 Par. The civil service — Continued. No extra allowances for dis- bursing money, etc 170 Lalse entry by oflBcer or agent- 171 Officers, etc., not to solicit or receive political contribu- tions 172 Same 173 Same 174 Same 175 Same, penalty 176 No officer or clerk to solicit for gift to superior. 177 163. President to establish civil service regulation. — The President is authorized to prescribe such regulations for the admission of per- sons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of the service into which he seeks to enter ; and for this pur- pose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service.^ Sec, 1753, R. S. 1 Neither section 1753, Revised Statutes, nor the civil service act of January 16, 1883 (22 Stat. 403), puts any restrictions upon the power of removal from appointive offices except for refusal to contribute to political funds or neglect to render political service ; hence Presidential Rule II, relating to the civil serv- ice and providing (as amended July 27, 1897), that no removal shall be made without giving the accused notice and an opportunity to make defense, has no such authority at law as confers upon the holder of an office a vested right thereto, with the right to invoke the equitable power of the courts to restrain his removal therefrom in violation of such rule. (Page et al. v. Moffett, 85 Fed. Rep., 38. See, also, as to the equitaMe jurisdiction of the Federal courts. In re Sawyer, 124 U. S., 200, and World's Columbian Exp. v. U. S., 18 U. S. App., 159, 6 Circ. Ct. App., 71, 56 Fed. Rep., 667; Butler v. White, 83 id., 578; Carr v, Gordon, 82 id., 373.) 57 68 MILITARY LAWS OF THE UNITED STATES. 164. Appointments to civil office} preferences, — Persons honor- ably discharged from the military or naval service by reason of dis- ability resulting from wounds or sickness incurred in the line of duty shall be preferred for appointments to civil service offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. Sec. 176^^ R. S. 165. Recommendation of m,ilitary persons for private employ- ment. — In grateful recognition of the services, sacrifices, and suffer- ings of persons honorably discharged from the military and naval service of the country, by reason of wounds, disease, or the expira- tion of terms of enlistment, it is respectfully recommended to bank- ers, merchants, manufacturers, mechanics, farmers, and persons en- gaged in industrial pursuits, to give them the preference for appoint- ments to remunerative situations and employments. Sec. 1755^ R. S, 166. Examination for the civil service. — After the expiration of six months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in con- formity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferrd by the seventeen hundred and fifty- fourth section of the Revised Statutes ^ nor to take from the President any authority not inconsistent with this act conferred by the seven- teen hundred and fifty-third section of said statutes; nor shall any officer not in the executive branch of the Government, or any person merely employed as a laborer or workman, be required to be classi- fied hereunder ; nor, unless by direction of the Senate, shall any per- son who has been nominated for confirmation by the Senate be re- quired to be classified or to pass an examination. Sec. 7, Act of Jan, 16,1883 {22Stat.J^06). 167. Salaries. — No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as salary, in any office when the office is not authorized by some pre- viously existing law, unless such office is subsequently sanctioned by law. Sec. 1760, R. S. 168. Same. — No money shall be paid from the Treasury, as salary, to any person appointed during the recess of the Senate to fill a vacancy in any existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been con- firmed by the Senate. Sec. 1761, R. S. [^Paragraphs 163 and 164 ante.] MILITABY LAWS OF THE UNITED STATES. 69 169. Persons drawing $2^600 yearly compensation not to hold second office. — No person who holds an office the salary or annual compensa- tion attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or here- after specially authorized thereto by law ; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office, by and with the advice and consent of the Senate.^ Sec.'B, act of July 31, 18H {28 Stat. 205). ^The traditions and usages of the United States recognize the policy and propriety of employing, when necessary, the same person at the same time in two distinct capacities. Not to mention other familiar cases, there are the prominent examples of the diplomatic mission of ^r. Jay to England, under President Washington, while he was still Chief Justice of the United States ; of the mission of Mr. Gallatin to London and St. Petersburg, to negotiate a peace, while Secretary of the Treasury under President Madison ; and of Mr. Justice Nelson, sitting as a member of the commission which concluded the treaty of Washington, under President Grant. On the other hand, it is the undoubted aim of general legislation respecting salaries to gauge the work so as to give full employment to the capacities of the man likely to be appointed to do it, and to measure the pay according to the work. In construing statutes restraining the Executive from giving dual or extra compensation, courts have aimed to carry out the legislative intent by giving them suflBcient flexibility not to injure the public service and sufficient rigidity to prevent Executive abuse. (Landram v. U. S., 16 Ct. Cls., 74, 82.) The great object has been to establish by law the com- pensation for public services, whether in offices or agencies, where the nature and character of the duties to be performed were sufficiently known and definite to enable Congress to form an estimate of its value and not leave it to the discre- tion of the head of an Executive Department. ♦ * * These sections " can by no fair interpretation be held to embrace an employment which has no affinity or connection, either in its character or by law or usage, with the line of his official duty, and where the service to be performed is of a different char- acter and for a different place and the amount of compensation is regulated by law. * * * The just and fair inference from these acts of Congress taken to- gether is that no discretion is left to the head of a Department to allow an officer, who has a fixed compensation, any credit beyond his salary, unless the service he has performed is required by existing laws and the remuneration for them is fixed by law." (Converse v. U. S., 21 How., 463, 470, 473; U. S. v. Brindle, 110 U. S., 688, 694 ; U. S. v. Shoemaker, 7 Wall., 338 ; Meigs v. U. S., 19 Ot. Cls., 497; XV Opin. Att. Gen., 608; 1 Comp. Dec, 286; 2 id., 33; Cros- thwaite v. U. S., 30 Ct. Cls.. 300.) A question having arisen as to the payment of a per diem to the members and certain employees of the Bering Sea Tribunal of Arbitration, it was held : As to Justice Harlan and Senator Morgan, that the terms of section 1763 of the Re- vised Statutes, as amended by the act of July 31, 1894 (28. Stat. 205), did not apply, as they had been appointed to separate aad..di«tihct offices not incompati- ble with the offices of justice of the Supreme Court, Senator of the United States, and retired judge. Payments to them were therefore allowed. (U. S. V. Saunders, 120 U. S., 126.) As to Senator Morgan, it was held that member- ship of a tribunal of arbitration did not constitute the holding of office under the authority of the United States under Article I, section 6, of the Constitution, and that Senator Morgan was not thereby prohibited from sitting thereon. The payment of per diem allowances to clerks and other regular employees of the United States, who had been detailed from the several Executive Departments to assist the tribunal in its labors, was held to be unauthorized under section 1765 of the Revised Statutes Held, under this section, that a major and pay- mj'ster of the Army detailed as disbursing officer of the Bering Sea Tribunal of Arbitration at Paris, could not receive any other allowances or emoluments than 60 MILITARY LAWS OF THE UNITED STATES. 170. No extra allowances for disbursing money ^ etc. — No officer* in any branch of the public service, or any other person whose sahiry, pay ,2 or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law and the appropriation therefor explicitly states that it is for such addi- tional pay, extra allowance, or compensation.^ Sec. 1765^ R. S, 171. False entry hy officer or agent, — ^Whoever, being an officer, clerk, agent, or other person holding any office or employment under the Government of the United States and, being charged with the duty of keeping accounts or records of any kind, shall, with intent to deceive, mislead, injure, or defraud the United States or any person, make in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing; or whoever, being an officer, clerk, agent, or other person holding any office or employ- ment under the Government of the United States and, being charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, shall, with like intent, make a false report of such moneys or securities, or whoever with like intent shall aid or abet any such officer, clerk, agent, or other person in so doing, shall be fined not more than five those specified in this section as allowance to officers of the Army. (Comp. Dec., 1893-94, 275.) A compensation for extra services, where no certain allowance is fixed by law, can not be paid by the head of a Department to any officer of the Government who has, by law, a certain compensation in the office he holds. (X Opin. Att. Gen., 31.) The various provisions of law forbidding extra allowance or addi- tional pay for extra service imply extra-service pay or allowance in the same office, not distinat service in distinct offices. ' (VIII Opin. Att. Gen., 325.) Where the service is one required by law, but not of any particular official, and compensation therefor is fixed by competent authority, and is appropriated, any officer who, under due authorization, performs the service is entitled to the com- pensation. (XV Opin. Att. Gen., 608. See also Converse, admr., v. U. S., 21 How., 463; U. S. v. Shoemaker, 7 Wall., 338; Stansbury v. U. S., 8 Wall., 33; XIX Opin. Att. Gen., 121.) But see for exception, section 7, act of June 3, 1896 (29 Stat. 235.) ^An officer is one who is invested with an office, and an office is authority, granted by law, to exercise a function of Government. An employee is one who is employed under a contract to perform personal service. An office is distin- guished from a public employment by the fact that in the one case the authority to perform a public service is derived from the law, while in the other it is derived from a contract. IV Comp. Dec., 696. " Salary is fixed when it is at a stipulated rate for a definite period of time ; pay or emolument is fixed when the amount is agreed upon and the service is defined. Hedrick v. U. S., 16 Ct. Cls., 88. 'The provisions of section 1765, Revised Statutes, which prohibit the pay- ment of additional compensation, apply to two classes of persons only, viz, officers in the public service and employees whose compensation is fixed by law or regulations. IV Comp. Dec, 696. See, also, id., 424. MILITABY LAWS OF THE UNITED STATES. 61 thousand dollars, or imprisoned not more than ten years, or both. Act of Mar. 4, 1911 {86 Stat., 1355). 172. Officer, etc., not to solicit or receive political contributions. — No Senator or Eepresentative in, or Delegate or Resident Commis- sioner to Congress, or Senator, Representative, Delegate, or Resident Commissioner elect, or olScer or employee of either House of Con- gress, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch or bureau of the executive, judicial, or military or naval service ^f the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any as- sessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Sec. 118, Act of Mar. ^, 1909, Crim- inal Code {35 Stat. 1110). 173. Same. — No person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in the preceding section, or in any navy- yard, fort, or arsenal, solicit in any manner whatever or receive any contribution of money or other thing of value for any political purpose whatever. Sec. 119, id. 174. Same. — No officer or employee of the United States mentioned in section one hundred and eighteen, shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. Sec. 120, id. 175. Same. — No officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of or Delegate to Congress, or Resi- dent Commissioner, any money or other valuable thing on account of or to be applied to the promotion of any political object what- ever. Sec. 121, id. 176. Same; Penalty. — Whoever shall violate any provision of the four preceding sections shall be fined not more than five thousand dollars, or imprisoned not more than three years, or both. Sec. 122, id. 177. No officer or cleric to solicit for gift to superior. — No officer, clerk, or employee in the United States Government employ shall at any time solicit contributions from other officers, clerks, or em- 62 MILITARY LAWS OF THE UNITED STATES. ployees in the Government service for a gift or present to those in a superior official position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily dismissed from the Government employ.^ Sec. 1781^^ R. S. ^ This section was held to be constitutional by tbe Supreme Court in Ex parte Curtis, 106 U. S., 371. CHAPTER V. THE TREASUKY DEPARTMENT- OFFICERS. -THE ACCOUNTING Pa . Treasury Department 178-1185 Treasurer of the United States. . 178 Same, duties of 179 Assistant treasurers 180 Mints — certain mints to be de- positories and certain superin- tendents to be assistant treas- urers 181 Depositories designated by Sec- retary of Treasury 182 Annual reports of Treasurer, etc., as to balances of disbursing oflBcers' accounts remaining unchanged for three years 183 Deposit and safe-keeping of pub- lic funds 184 Duties of fiscal agents 185 Appropriations 186-194 Constitutional provision 186 Application 187 Expenditures not to exceed ap- propriations 188 Same 189 Commissions — expenditures for. 190 Balances, disposition of after two years 191 Same. 192 Same — application of 193 Fiscal year, character of appro- priations, exceptions 194 Accounts 195-199 ■ Fiscal year 195 Transmittal of accounts to Wash- ington and to auditors 196 Rules for administrative exami- nation of accounts 197 Administrative examination of accounts 198 OflScers delinquent in rendering accounts 199 Par. Comptroller of the Treasury 200-203 Forms of keeping and rendering accounts to be prescribed by. . 200 Authorized to direct settlement of particular accounts 201 Decisions to govern in settle- ments 202 Recovery of money, institution of suits for 203 Auditors of the Treasury 204-219 Auditors for the War and Navy Departments, duties 204 Auditors for the War Depart- ment, duties 205 Recovery of debts, superintend- ence of 206 Balances, when certified, final, except that they are subject to revision by Comptroller 207 Acceptance of payment under settlement 208 Decisions construing statutes to be revised by Comptroller 209 Preservation of accounts 210 Settlements not to be reopened. . 211 Accounts of Government officers in the District of Columbia ac- cessible to accounting oflicers . 212 Accounts of line officers, settle- ment of 213 Evidence of honorable discharge to be returned to oflicers and enlisted men 214 Claims and accounts, settlement of 215 Claims allowed to be reported to Congress 216 Claims for property lost or de- destroyed 217 63 64 MILITARY LAWS OF THE UNITED STATES. Auditors of the Treasury — Contd. Par. Claims of Tolunteers who served during Spanish War 218 No deduction for attorneys' fees. 219 Conspiracy to defraud the Govern- ment, purchase of arms, equip- ments, etc., from soldiers 220 Debts due the United States. . . . 221-223 Priority of , 221 Liability of executors, etc 222 Priority of surety who has paid the amount due on the bond of an insolvent principal 223 Distress warrants 224-236 Distress warrants 224 Contents 225 Execution, against officer 226 Same, against surety 227 Amoimt of levy a lien 228 Lands to be sold 229 Disposal of surplus moneys 230 Distress warrants to be issued, when and by whom 231 Same — ^to be issued against all delinquent fiscal officers and their sureties 232 Same — Postponement 233 Bill of complaint, injunction by U. S. District Court 234 Distress warrants — Continued. Par. Injunction by U. S. Circuit Court 235 Rights of United States not im- paired 236 Miscellaneous provisions 237-244 Requisitions, warrants, advances. 237 Compromise of claims 238 Set-off 239 Assignments of claims, powers of attorney 240 Checks outstanding three years or more to be covered into the Treasury as "Outstanding lia- bilities" 241 Outstanding liabilities 242 Payment of checks the amounts of which have been covered into "Outstanding liabilities" 243 Balances of disbursing officers' accounts remaining unchanged for three years to be covered into the Treasury 244 Lost checks — ^issuance of duplicates . 245 Certification of Treasury records, transcripts 246 Certain transcripts to be admitted in evidence 247 Special agents, employment of 248 178. Treasurer of the United States. — There shall be in the Depart- ment of the Treasury a Treasurer of the United States, who shall be appointed by the President, by and with the advice and consent of the Senate, * * *. Sec.SOl.R.S, 179. Same — Duties of. — The Treasurer shall receive and keep the moneys of the United States, and disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comp- troller, and not otherwise. He shall take receipts for all moneys paid by him, and shall give receipts for all moneys received by him ; •and all receipts for moneys received by him shall be indorsed upon warrants signed by the Secretary of the Treasury, without which warrant, so signed, no acknowledgment for money received into the public Treasury shall be valid. He shall render his accounts to the [Auditor for the Treasury Department] quarterly, or oftener if required, and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall at all times submit to the Secre- tary of the Treasury and the Comptroller, or either of them, the inspection of the moneys in his hands. Sec. 305, R, S., as amended hy Sec. n, Act of July 31, 189Jf {28 Stat. 209), MELITARY LAWS OF THE UNITED STATES. 66 180. Assistant treasurers. — There shall be assistant treasurers of the United States, appointed from time to time by the President, by and with the advice and consent of the Senate, to serve for the term of four years, as follows: One at Boston. One at New York. One at Philadelphia. One at Baltimore. One at New Orleans. _ One at Saint Louis. One at San Francisco. One at Cincinnati. One at Chicago. Sec. 3695, R. S. 181. Mints — Certain mints to he depositories., and certain superin- tendents to he assistant treasurers. — The mints at Carson City, and at Denver, and the assay oiRce at Boise City, shall be places of de- posit for such public moneys as the Secretary of the Treasury may direct. Sec. 8592, R. S. The superintendent of the mint at Carson City, and the superin- tendent of the assay office at Boise City, shall be assistant treasurers of the United States, and shall respectively have the custody and care of all public moneys deposited therein, and shall perform all the duties required of them in reference to the receipt, safe-keeping, transfer, and disbursement of all such moneys, as provided by law. Sees. 3692, 369Jf, R. S. 182. Depositories designated hy Secretary of Treasury. — All na- tional banking associations, designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except receipts from customs, under such regulations as may be prescribed by the Secretary, but receipts derived from duties on imports in Alaska, the Hawaiian Islands, and other islands under the jurisdiction of the United States may be deposited in such de- positaries subject to such regulations; and such depositaries may also be employed as financial agents of the Government; and they shall perform all such reasonable duties as depositaries of public moneys and financial agents of the Government as may be required of them. The Secretary of the Treasury shall require the associa- tions thus designated to give satisfactory security, by the deposit of United States bonds and otherwise, for the safe-keeping and prompt payment of public money deposited with them, and for the faithful performance of their duties as financial agents of the Government. And every association so designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid 92001°— 17 5 66 MILITARY LAWS OF THE UNITED STATES. into the Government for internal revenue or for loans or stocks. Sec. 5153, R. S., as amended hy Act of Mar. 3, 1901 (31 Stat. 14,48). ■ The Secretary of the Treasury is hereby authorized to designate one or more banks or bankers in the Philippine Islands and in the islands of Cuba and Porto Rico in which public moneys may be deposited: Provided, That the banks or bankers thus designated shall give satisfactory security for the safe- keeping and prompt payment of the public moneys so deposited by depositing in the Treasury United States bonds to an amount not less than the aggre- gate sum at any time on deposit with such banks or bankers: And provided further, That this act shall apply to Cuba only while occu- pied by the United States. Act of June 6, 1900 {31 Stat. 658) . 183. Annual reports of Treasurer, etc., as to halances of disbursing officers accounts remaining unchanged for three years. — The Treas- urer, each assistant treasurer, and each designated depositary of the United States, and the cashier of each of the national banks designated as such depositaries, shall, at the close of business on every thirtieth day of June, report to the Secretary of the Treas- ury the condition of every account standing, as in the preceding sec- tion specified,^ on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, respec- tively, of the last credit and the last debit made to each account. And each disbursing officer shall make a like return of all checks issued by him, and which may then have been outstanding and unpaid for three years and more, stating fully in such report the name of the payee, for what purpose each check was given, the office on which drawn, the number of the voucher received therefor, the date, number, and amount for which it was drawn, and, when known, the residence of the payee. Sec. 310, R. S. 184. Deposit and safe-keeping of public funds. — In places * * * where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to pub- lic creditors. Sec. 3620, R. S. 185. Duties of fiscal agents. — The Treasurer of the United States, all assistant treasurers, and those performing the duties of assistant treasurer, all collectors of the customs, all surveyors of the customs, acting also as collectors, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever *■ See par. 244, post. MILITARY LAWS OF THE UNITED STATES. 67 character, are required to keep safely, without loaning, using, depos- iting in banks, or exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper Department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the Government which may be imposed by any law, or by any regu- lation of the Treasury Department made in conformity to law. The President is authorized, if in his opinion the interest of the United States requires the same, to regulate and increase the sums for which bonds are, or may be, required by law, of all district attorneys, col- lectors of customs, naval officers, and surveyors of customs, navy agents, receivers and registers of public lands, paymasters in the Army, Commissary-General, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. Sec. S639, R. S.; see also sees. 5Jt89-6Jt97^ R.8. 186. Constitutional provision. — No money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ; and a regular Statement and Account of the Keceipts and Expenditures of all public Money shall be published from time to time. Art. /, Sec. P, clause 7 of the Constitution of the United States. 187. Application. — All sums appropriated for the various branches of expenditure in the public service shall be applied solely to the objects for which they are respectively made, and for no others.^ Sec. 3678, R. S. * An appropriation by Congress of a given sum of money for a named purpose is not the designation of a specific fund for that purpose, but simply a legal authority to apply so much of any money in the Treasury to the indicated object. Every appropriation for the payment of a particular demand, or a class of demands, necessarily involves and includes the recognition by Con- gress of the legality and justice of each demand and is equivalent to an ex- press mandate to the Treasury officers to pay it. This recognition is not affected by any previous adverse action of Congress, for the last expression by that body supersedes all such previous action. (Hukill v. U. S., 16 Ct. Cls., 562, 585.) When an appropriation has been made by Congress for a general purpose, contemplating a multitude of acts to be done by the Department, its agency is general within those limits. (Leavitt v. U. S., 34 Fed. Rep., 623.) When an alleged liability of the Government rests wholly upon an appropriation, they must stand or fall together, so that when the latter is exhausted the former comes to an end. (Shipman v. U. S., 18 Ct. Cls., 138.) The disposition of public money is in the discretion of Congress, and its rea- sons for passing an act of appropriation and the consideration thereof can not be inquired into nor its will thwarted by any executive officers or by the courts. (Mumford v. U. S., 31 Cr. Cls., 210, 215; Jordan v. U. S., 19; Id., 108; 113 U. S., 418.) In view of the requirements of this section a disbursing officer is not authorized to use public moneys advanced to him from one appropriation in the payment of liabilities arising under another appropriation. (IV Comp. Dec, 569.) Administrative discretion in expenditures. — Ordinarily, where discretionary power is lodged in a judicial officer, his decision is not reviewable save by the 68 MILITABT LAWS OF THE UNITED STATES. 188. Expenditures not to exceed apjyropriations. — No Executive Department or other Government establishment of the United States shall expend, in any one fiscal year, any sum in excess of appropria- court of which he is a member, and then only when there has been a clear sbuse of the discretion committed to him. Far more cogent reasons exist why this rule should be applied to administrative officers, who are empowered to r.se their discretion as to the manner in which public moneys shall be expended, for great embarrassment and confusion might result if officers in one Executive I>epartment could sit in judgment upon the decisions of the officers of another Executive Department in cases involving the exercise of judgment and dis- cretion. (Ill Comp. Dec., 21.) Wherever the exercise of discretion by the War Department in disbursing moneys appropriated for the support of the Army is permitted by a statute, the manner in which such discretion has been exercised is a matter of administration with which the accounting officers have no concern. It is the province of the military authorities to determine the needs of a given military depot or post and the quantity of a specified article to be allotted to said depot or post, while it is the province of the accounting officers to determine whether or not Congress has made an appropriation cov- ering a specific expenditure, or whether or not such expenditure was made in conformity with law. (Id., 21.) The degree of wisdom displayed in the ex- ercise of the discretion given an officer of the Army, under the authority of the Secretary of War, is not a subject for review by the accounting officers. If the officer is responsible for his action in the premises to anyone, it is to the source from which he derived his authority. (Id., 22.) The evidence required by the War Department from the disbursing officers and agents of the Army for administrative purposes is a matter peculiarly within the jurisdiction of the Secretary of War. (Id., 497.) When Congress makes an appropriation for a particular object, that appro- priation is exclusive, and another appropriation which but for the specific ap- propriation might be available can not be used. (Id., 563.) When one appro- priation is available for a specific object a second appropriation can not be used for the same work, unless from the second appropriation it clearly appears that it was the intention of Congress that such second appropriation should be available in addition to the specific appropriation. (Id., 417.) When an ap- propriation to which an expense is properly chargeable is exhausted, another appropriation can not be used. (Id., 492.) Pecuniary responsiUUty of officers. — Where purchases of army supplies are made in pursuance of an order issued by competent military authority, said order, or a certified copy thereof, should be filed with the first voucher on which payment for supplies is made and reference be made thereto on all the others. (Id., 287.) Where there is a plain direction or prohibition spread upon the statute books, which is as well known to the inferior as to a superior officer, it is clearly binding upon both officers, and unless it can be affirmatively shown that the inferior called the attention of the superior to the infringement of law in the order, and that thereupon the superior renewed the order, the inferior officer must be held liable. (Ill Dig. Dec. 2d Comp., 9, par. 3.) It is the duty of the disbursing officer to exercise the utmost care and vigilance in the disbursement of the public funds intrusted to him, and it is his imperative duty to see- that the entire amount claimed is due and that payment thereof is fully warranted from the data given on the muster roll or final statement. If the information is not sufficient he must seek for more. He can not protect himself, in an erroneous payment made without due care, by charging a similar lack of care against the officer who gave the certificate. (Id., 10, par, 9. See also pars. 653 and 654, A. R., 1913.) The word "voucher" can not be construed "as synonymous with the word " receipt," it having a far broader signification in law. Any written evidence which establishes facts entitling a disbursing officer to credit is a voucher. " The word ' voucher ' would seem to imply evidence, written or otherwise, of the truth of a fact." (The People v. Green, 5 Daly, N. Y., 194; III Comp. Dec., 378.) Money vouchers. — The term " voucher," when used in connection with the disbursement of moneys, implies some written or printed instrument in the nature of a receipt, note, account, bill of particulars, or something of that character, which shows on what account or by what authority a particular payment has been made, and which may be kept or filed away, by the party MILITARY LAWS OF THE UNITED STATES. 69 tions made by Congress for that fiscal year, or involve the Govern- ment in any contract or other obligation for the future payment of money in excess of such appropriations unless such contract or obli- receiving it, for his own convenience or protection, or that of the public. (People V. Brinkerhoff 107, 111., 495.) The presentation by a disbursing officer of a voucher properly receipted by the person entitled to payment is but prima facie evidence of actual payment by him, and will not entitle him to credit unless the amount has been actually paid to the proper person or his representative. (I Compt. Dec. 228.) The receipt of a witness to a pay roll is valid although written with a pencil, and not with ink, as required by the regulations and practice of the Department. (Id., 419.) AVhat shall be considered proper vouchers and the extent and character of the evidence necessary to support a claim must, of course, depend upon the circumstances of each case. I think, however, that the term " proper vouchers " must be construed to mean the vouchers ordinarily required in the transaction of business of this character. Presumptions should not be accepted in the place of proof where the latter can be procured. (V Comp. Dec, 140. See, also, VI id., 14, 97.) Every voucher signed on behalf of any person, firm, or corporation by an agent or attorney should bear the name of the proper firm, person, or corpora- tion, followed by the name of the agent or attorney. (Ill Dig. 2d Comp. Dec, 379.) Under a resolution of the executive committee of the Western Union Tele- graph Company passed November 24, 1886, any person in charge of any office of said company is authorized to receive and receipt for payments to said company, and receipts by such persons for such payments are to be held as binding upon said company. (Id.) An order from the court appointing a receiver and showing his authority to act as such should be filed with or referred to in every voucher or claim pre- sented by him for payment. (Id., 378.) Receipts for small amounts for occasional service paid to corporations, such as railroad, telegraph, turnpike, transfer, express, steamboat, hotel, newspaper, and ice companies, may be signed by the local agent in charge of the business of the company at the place where the service is rendered, or where it begins or terminates, and the certificate of the officer making payment that the person to whom payment was thus made was then the local agent of the company, in charge of its business at the place designated, will be sufficient evidence of the agent's authority to receive and receipt for the money paid. (Id.) The term " small amounts," as used in the Second Comptroller's decision of March 14, 1887, applies only to occasional payments of amounts deemed too insignificant to justify the Government in demanding written evidence of an agent's authority to receive and receipt for moneys, in accordance with the general rule. (Id.) All vouchers in support of payments of percentages retained under contracts must be accompanied, as contemplated by section 277 of the Revised Statutes, by satisfactory evidence, either primary or secondary, that the several amounts thereon paid have been retained, have since become payable, and have not previously been paid. (Id., 379.) It is within the power of the accounting officers, in the settling of accounts of disbursing officers, where it appears that an expenditure has been made from the wrong appropriation, if the expenditure be right in itself and correct otherwise, to charge the amount to the appropriation for which the expenditure is liable. If at the time of the settlement the appropriation to which the expen- diture is chargeable is exhausted, the amount should be disallowed against the disbursing officer, and he should be required to apply to Congress for relief. (Id., 36.) Where one Department receives from another Department supplies which are within the scope of appropriations belonging to each a reimbursement of the appropriation of the one from the appropriation of the other, of the cost of the supplies, is not a violation of section 3678, Revised Statutes; nor do the provisions of section 3618, Revised Statutes, apply to such case. (XVII Opin. Att. Gen., 480.) For provisions of Army Regulations in respect to the preparation and execu- tion of vouchers, see paragraphs 631-652, Army Regulations of 1913. 70 MILITARY LAWS OF THE UNITED STATES. gation is authorized by law. Nor shall any Department or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property. All appropriations made for contingent expenses or other general purposes, except appropriations made in fulfillment of contract obligations expressly authorized by law, or for objects required or authorized by law without reference to the amounts annually appropriated therefor, shall, on or before the be- ginning of each fiscal year, be so apportioned by monthly or other allotments as to prevent expenditures in one portion of the year which may necessitate deficiency or additional appropriations to complete the service of the fiscal year for which said appropriations are made ; and all such apportionments shall be adhered to and shall not be waived or modified except upon the happening of some ex- traordinary emergency or unusual circumstance which could not be anticipated at the time of making such apportionment, but this pro- vision shall not apply to the contingent appropriations of the Senate or House of Representatives; and in case said apportionments are waived or modified as herein provided, the same shall be waived or modified in writing by the head of such Executive Department or other Government establishment having control of the expenditure, and the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connecticm with estimates for any additional appropriations required on account thereof. Any person violating any provision of this section shall be summarily re- moved from office and may also be punished by a fine of not less than one hundred dollars or by imprisonment for not less than one month.* * The legal liability of tlie Government does not generally depend upon appro- priations. The constitutional provision, in Article I, section 9, that "no money shall be drawn from the Treasury but in consequence of appropriations made by law," is a mere limitation and restriction upon the executive officers of the Treasury Department, and does not prevent Congress, the law-making power, from involving the Government in contracts to pay money to any extent. When such contracts are made, the parties who acquire rights to compensation there- under must wait until an appropriation is made before they can receive their money, but the right on their part and the obligation on the part of the United States remain unchanged. Failing to obtain direct appropriations for their benefit, public creditors may sue in this court and thus obtain payment out of any money appropriated for the payment and satisfaction of private claims. (Mitchell V. U. S., 18 Ct. Cls., 281, 286.) The excepting clause in section 3732, Revised Statutes (a) in relation to contracts for and purchases of clothing, sub- sistence, forage, fuel, quarters, etc., operates to withdraw such contracts and purchases from the prohibition contained in this paragraph in relation to expen- ditures in excess of the appropriations for a particular fiscal year, and such purchases may be made, provided the necessities of the current fiscal year be not exceeded. A deficiency appropriation is one made to pay a liability legally created, for the payment of which an appropriation previously made is insufficient; it sup- plements the original appropriation, partakes of its nature, and is subject to the same limitations which attach by law to the use of the original appropriation. (IV Comp. Dec, 61.) MILITARY LAWS OF THE UNITED STATES. 71 Sec. S679, R. S., as amended hy sec. ^, act of Mar. 5, 1905 {33 Stat. 1257), and Sec. 3, act of Feh. 27, 1906 {34 Stat. 4S). 189. Same. — No Act of Congress hereafter passed shall be con- strued to make an appropriation out of the Treasury of the United States, or to authorize the execution of a contract involving the pay- ment of money in excess of appropriations made by law, unless such Act shall in specific terms declare an appropriation to be made or that a contract may be executed. Sec. 9, Act of June 30, 1906 {34 Stat'. 764). 190. Commissions and inquiries — Expenditures for. — No account- ing or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission or inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States, until special appropriations shall have been made by law to pay such accounts and charges. This section, however, shall not extend to the contingent fund connected with the foreign intercourse of the Government, placed at the disposal of the President. Sec. 3681, R. S, 191. Balances — Disposition of after two years. — All balances of appropriations which shall have remained on the books of the Treas- ury, without being drawn against in the settlement of accounts, for two years from the date of the last appropriation made by law, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts thereunder, and the Auditor shall examine the books of his office, and certify to the Sec- retary whether such balances will be required in the settlement of any accounts pending in his office; and if it appears that such bal- ances will not be required for this purpose, then the Secretary may include such balances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not. But no appropriation for the pay- ment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. Sec. 3691, R.S. 192. Same. — From and after the first day of July, eighteen hun- dred and seventy-four, and of each year thereafter, the Secretary of the Treasury shall cause all unexpended balances of appropriations which have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury : Provided, That this provision shall not apply to permanent specific appropriations, appropriations for rivers and harbors, light-houses, fortifications, public buildings, or the pay of the Navy and Marine Corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress. Sec, 5, Act of June 20,1874 {18 Stat. 110), 72 MILITARY LAWS OF THE UNITED STATES. 193. Same — Application of. — All balances of appropriations con- tained in the annual appropriation bills and made specifically for the service of any fiscal year, and remaining unexpended at the expira- tion of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations.^ — Sec. 3690, R. S. 194. Fiscal year character of appropriations — Exceptions. — No specific or indefinite appropriation made hereafter in any regular annual appropriation Act shall be construed to be permanent or available continuously without reference to a fiscal year unless it belongs to one of the following five classes: "Rivers and harbors,'' " lighthouses,-' *' fortifications," " public buildings," and " pay of the Navy and Marine Corps," last specifically named in and excepted from the operation of the provisions of the so-called "covering-ia Act " approved June twentieth, eighteen hundred and seventy-four, or unless it is made in terms expressly providing that it shall con- tinue available beyond the fiscal year for which the appropriation Act in which it is contained makes provision. Sec. 7, Act of Aug. 2 4, 1912 {37 StaH87). *The use of every fiscal year appropriation is limited by section 3690 of the Revised Statutes and by its own terms to tbe payment of expenses properly in- curred during the fiscal year for which it is made, or to the fulfillment of con- tracts properly made within that year ; and balances not needed for such pur- poses must be carried to the surplus fund and covered into the Treasury in con- formity with the provisions of section 5 of the act of June 20, 1874. (18 Stat., 110; 3 Dig., 2d Comp. Dec, par. 96.) The use of any part of an appropria- tion made for one fiscal year for the payment of any liability incurred during a succeeding fiscal year is prohibited by section 3679 as well as by section 3690 of the fiscal year. (II Comp. Dec, 248.) A proposal in writing to furnish supplies and a written acceptance by the ,'iuthorized agent of the Government constitute a contract within the meaning of section 3690 of the Revised Statutes, so as to authorize the use of an appropria- tion for the fiscal year in which the contract is made in paying for such por- tion of the supplies as are delivered under the contract after the expiration of the fiscal year. (II Comp. Dec, 248.) An appropriation is properly chargeable with all the expenses necessary to accomplish the object for which it is made, unless particular items of expense nre specifically provided for by some other appropriation. (IV Comp. Dec, 24; I id., 472, 517; II id.. 74; III id., 623.) There is no authority under an act of appropriation, made specifically for the service of a particular fiscal >ear. to enter into a contract for supplies, etc, for the service of a subsequent fiscal year, and therefore, as to that appropriation, such a contract is not " properly made within that year," within the meaning of section 3690, Revised Statutes. (IV id., 553.) While it is a rule that a specific appropriation ex- cludes the use, for the same objects, of a general appropriation, yet when there are two appropriations both applicaljle to the same object they are to be treated as cumulative, and either or both can be used in the discretion of the head of the Department. (Id., 121. See, also, I id., 533.) The balance of an appro- priation which has been treated as not limited to a fiscal year will, upon the accomplishment of the object for which it was made, be covered into the Treas- ury, In analogy to the practice required by law (act of June 23, 1874, 18 Stat, MILITARY LAWS OF THE UNITED STATES. 73 195. Fiscal year. — The fiscal year of the Treasury of the United States in all matters of accounts, receipts, expenditures, estimates, and appropriations, except accounts of the Secretary of the Senate for compensation and traveling expenses of Senators, and accounts of the Sergeant- at- Arms of the House of Representatives for com- pensation and mileage of Members and Delegates, shall commence on the first day of July in each year ; and all accounts of receipts and expenditures required by law to be published annually shall be pre- pared and published for the fiscal year, as thus established^ The fiscal year for the adjustment of the accounts of Secretary of the Senate for compensation and traveling expenses of Senators, and of the Sergeant-at-Arms of the House of Representatives for compen- s{ tion and mileage of Members and Delegates, shall extend to and include the third day of July. Sec. 237, R. S., as amended hy sec. P, Act of Oct. i, 1890 {26 Stat. 61^6). 196. Transmittal of accounts to Washington and to auditors. — All monthly accounts shall be mailed or otherwise sent to the proper officer at Washington within ten days after the end of the month \o which they relate, and quarterl}^ and other accounts within twenty days after the period to which they relate, and shall be transmitted to and received by the Auditors within sixty days of their actual receipt at the proper office in Washington in the case of monthly, and sixty days in the case of quarterly and other accounts. Should there be any delinquency in this regard at the time of the receipt by 275) in the case of balances of appropriations for the construction of public buildings. (I Comp. Dec, 487.) An appropriation found in an annual appropriation act and made specifically for the service of a certain fiscal year is not available thereafter except in pny- ment of expenses properly incurred, or in the fulfillment of contracts properly made within the year as provided in section 3690 of the Revised Statutes. (I id., 170.) Congress intends that each annual appropriation should bear the burdens of the particular year for which it is granted, and that it should be for the proper use of that year, and no other. (YI id., 815.) Permanent appropriations are those made for an unlimited period. Indefinite appropriations are those in which no amount is named. (XIII Opin. Att. Gen., 289.) A "permanent specific appropriation" is one which requires the money payable by virtue of it to be applied to an object specifically pointed out by law. and which may be so applied at any time in the future, and not merely for the service of the current fiscal year. It exists when the act of Congress which made it points out the purpose to which it applies, and shows that it was in- tended to be used in the future, without limit as to time. If the object to which it is to be applied has no reference to, or connection with, the service of any particular year, the appropriation may be considered as permanent, where such intention is apparent in the act making it. If it be for the discharge of an existing obligation having no connection with the service of the current year, and not in part discharge of a continuous service, it may reasonably be sup- posed that Congress intended the liability to be paid without reference to time. (2 Lawrence, Comp. Dec, 2d ed., 246; III Comp. Dec, 623, 625.) Section 10, act of March 4, 1909 (35 Stat. 1027), provided that all unex- pended and unobligated balances of appropriations which remained on the books of the Treasury July 1, 1904, except balances of permanent specific appro- priations, should be carried to the surplus fund and covered into the Treasury, and defined the term ** permanent specific appropriation " within the meaning of that act. 74 MILITARY LAWS OF THE UNITED STATES. the Auditor of a requisition for an advance of money, he shall dis- approve the requisition, which he may also do for other reasons arising out of the condition of the officer's accounts for whom the advance is requested; but the Secretary of the Treasury may over- rule the Auditor's decision as to the sufficiency of these latter reasons : Provided^ That the Secretary of the Treasury shall prescribe suit- able rules and regulations, and may make orders in particular cases, relaxing the requirement of mailing or otherwise sending accounts, as aforesaid, within ten or twenty days, or waiving delinquency, in such cases only in which there is, or is likely to be, a manifest physi- cal difficulty in complying with the same, it being the purpose of this provision to require the prompt rendition of accounts without regard to the mere convenience of the officers, and to forbid the advance of money to those delinquent in rendering them: Provided further^ That should there be a delay by the administrative Depart- ments beyond the aforesaid sixty days in transmitting accounts, an order of the President [or, in the event of the absence from the seat of Government or sickness of the President, an order of the Secre- tary of the Treasury] in the particular case shall be necessary to authorize the advance of money requested: And provided further^ That this section shall not apply to accounts of the postal revenue and expenditures therefrom, which shall be rendered as now required by law. Sec. 12, Act of July 31, ISQJf, {28 Stat, 209) ; Act of Mar. 2, 1901 {31 Stat. 910). (For the requirement that accounts shall be rendered monthly, and that distinct accounts shall be made under the various appropriations, see pars. 417 and 418 post. The above quoted act was amended by the insertion of the clause in brackets by section 4 of the act of March 2, 1895. (28 Stat. 807.) ) 197. Rules for administrative examination of accounts. — It shall also be the duty of the heads of the several Executive Departments and of the proper officers of other Government establishments, not within the jurisdiction of any Executive Department, to make appro- priate rules and regulations to secure a proper administrative exami- nation of all accounts sent to them, as required by section twelve of this act, before the transmission to the Auditors, and for the execu- tion of other requirements of this act in so far as the same relate to the several departments or establishments. Sec. 22, Act of July 31, 1894'{28 Stat. 210). {See Pars. 655 and 656, A. R., 1913.) 198. Administrative examination of accounts. — Hereafter the ad- ministrative examination of all public accounts, preliminary to their audit by the accounting officers of the Treasury, shall be made as con- templated by the so-called Dockery Act, approved July thirty-first, eighteen hundred and ninety- four, and all vouchers and pay rolls shall be prepared and examined by and through the administrative heads of divisions and bureaus in the executive departments and not MILITARY LAWS OF THE UNITED STATES. 75 by the disbursing clerks of said departments, except those vouchers heretofore prepared outside of Washington may continue to be so prepared and the disbursing officers shall make only such examina- tion of vouchers as may be necessary to ascertain whether they repre- sent legal claims against the United States. Act of Auq 23, 1912 (37 Stat. 376). J ^ ^ V 199. Officers delinquent in renderi/ng accounts.— The^ Secretary of the Treasury shall, on the first Monday of January in each year, make report to Congress of such officers and administrative department.? and offices of the Government as were, respectively, at any time dur- ing the last preceding fiscal year delinquent in rendering or trans- mitting accounts to the proper offices in Washington and the cause therefor, and in each case indicating whether the delinquency was. waived, together with such officers, including postmasters and officers* of the Post-Office Department, as were found upon final settlement of their accounts to have been indebted to the Government, with the amount of such indebtedness in each case, and who, at the date of making report, had failed to pay the same into the Treasury of the United States.^ Sec. ^, Act of May 28, 1896 {29 Stat. 179). 200. Forms of keeping and rendering accounts to he prescribed hy.—ThQ Comptroller of the Treasury shall, under the direction of the Secretary of the Treasury, prescribe the forms of keeping and rendering all public accounts, except those relating to the postal reve- nues and expenditures therefrom.^ Sec. 6, Act of July 31, 189k (28 Stat. 206.) ^ ' Section 260 of the Revised Statutes requires that the Secretary of the Treas- ury shall lay before Congress at the commencement of each regular session ac- companying his annual statement of the public expenditure, the reports wliich may be made to him by the Auditors charged with the examination of the ac- counts of the Department of War and the Department of the Navy, respectively theTreced^n ''^l^^^^'^'''' ""^ ^^^ ^^^^^ appropriated for those Departments for 189?%rs7it' 20Q?^fw''lh^ requirement of section 12 of the act of July 81, 1894 (28 Stat. 209) , that the Secretary of the Treasury shall, on the first Mon- day in January in each year, make report to Congress of such officers as are then delinquent m the rendering of their accounts or in the payment of balances found due from them for the last preceding fiscal year." Public accounts, within the meaning of section 5 of the act of July 31 1894 ^f wn^nt"^'^? ^^^1 ^^^ Comptroller of the Treasury shall " prescribe the form of keeping and rendering all public accounts," are accounts in which the United States IS concerned either as debtor or creditor. (VI Comp Dec 35 ) Our scheme of government includes an accounting system, with proper officers thereof and it seems reasonable to conclude that when the law provides for an accounting, and makes no special provision therefor, it was the legislative intent that the accounting should be done in the usual manner— that is, by the account- mg officers of the Treasury Department. (Id. 283, 284 ) account fh Jntr.* ""^ l^^^ 31 1894, specifically devolves upon the accounting officers of the Treasury the particular duties of examining the public accounts and certi- wpT/hfrfi'S'^^^-S''''''''^.?^''®''''' ^°^ ^^^^^ exercise of those duties, including the nrlrfi^n^L /r'^^?''^' ^^^ ^onstruction of statutes, and the application of general principles of law in connection therewith, is exclusive. (V id 410 ) nr«PHo.?h?r°*^i'''' ^^^ expenditure of public moneys should be itemized so far as practicable, and a discretion given to the officer having control of an appropria- tion does not dispense with this requirement. (IV id 159 ) - tain not being provided for in this enactment was thenceforward discontinued. This statute contained the requirement that vacancies in the oflice of adjutant- general should thereafter be filled by selection from the officers of tlie de- partment. By section 2 of the act of March 3, 1869 (15 id., 318), promotions and appointments in the department were forbidden until the further order of Congress, but by joint resolution No. 12, of April 10, 1869 (16 id., 53), this statute was suspended in its operation as to vacancies which had existed on March 3, 1869. By the act of March 3, 1873 (17 id., 578), the appointment of 1 major to the department was authorized, and, by the act of March 3, 1875 (IS id., 478), the restriction upon appointments and promotions i«iposed by the act of March 3, 1869, was removed, and the composition of the depart- ment fixed at 1 brigadier-general, 2 colonels, 4 lieutenant-colonels, and 10 majors. By the act of February 28, 1887 (24 id., 434), the grades of rank of the officers constituting the department were rearranged so as to consist of 1 brigadier-general, 4 colonels, 6 lieutenant-colonels, and 6 majors, the vacan- cies created by the act to be filled by promotion according to seniority. By the act of August 6. 1894 (28 id., 234), the number of majors in the department was reduced to 4. By the act of May 18, 1898 (30 id., 419), the appointment of 1 colonel and 1 major was authorized, with the proviso that, upon the muster out of the volunteer forces, no promotions or appointments should be made until the number of officers of the above grades had been reduced to that authorized by the law in force prior to the passage of the act. By section 3 of the act of June 6, 1900 (31 id., 655), the rank of major-general was conferred upon the adjutant-general " during the service of the present incumbent." By section 13 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at 1 adjutant-general with the rank of major-general, until a vacancy shall occur in the office on the expiration of the service of the present incumbent, by retirement or otherwise, and there- after with the rank of brigadier-general. 5 assistant adjutants-general with the rank of colonel, 7 assistant adjutants-general with the rank of lieutenant- colonel, and 15 assistant adjutants-general with the rank of major. A system of details was also established, by the operation of which the permanent com- missioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Adjutant- General's Department. By the act of April 23, 1904, the offices of the Adjutant-General's Depart- ment, except the adjutant-general, and the officers of the Record and Pension Office, were constituted a department of the Army to be known as the Military Secretary's Department; the Adjutant General's Office and the Record and Pension Office constituting a bureau of the War Department to be known as the Military Secretary's Office. By the act of March 2, 1907, the name of the Military Secretary's Depart- ment was changed to Adjutant-General's Department and the Military Secre- tary's Office became the Adjutant-General's Office. OECA^FTER XA^I, THE INSPECTOK-GENEKAL'S DEPARTMENT. Par. The Inspector General's Department: Composition 459 Expert accountant 460 Duties of Inspector General .... 461 Reports of inspections 462 The Inspector General's ment — Continued . Par. Depart- Inspection of Volimteer Soldiers' Homes 463, 463^ Inspector-General of Army to in- spect Soldiers' Home 464 459. Composition, — That the Inspector-General's Department shall consist of one Inspector-General with the rank of brigadier- general, four inspectors-general with the rank of colonel, four in- spectors-general with the rank of lieutenant-colonel, and eight inspectors-general with the rank of major: Provided^ That all va- cancies created or caused by this section shall be filled, as far as possible, by promotion according to seniority of officers of the In- spector-General's Department. 8ec. H^,Act of Feb. 2^ 1901 {31 Stat, 761). Upon the occurrence of a vacancy in the grade of colonel in the Inspector-General's Department after the present lieutenant-colonels therein shall have been promoted or retired, such vacancy shall not be filled, and thereafter the number of officers authorized for that department shall be as follows : One inspector.-general with the rank of brigadier-general; three inspectors-general with the rank of colo- nel; four inspectors-general with the rank of lieutenant-colonel, and nine inspectors-general with the rank of major. Act of Mar. ^, 1901 {31 Stat. 899) . (The reduction provided for in the act of March 2, 1901, has been accom- plished. For the statutory regulations in regard to details and promotions in the Inspector General's Department, see chapter entitled Staff Departments.) 460. Expert accountant. — For pay of one expert accountant for the Inspector- General's Department, to be appointed in case of vacancy, by the Secretary of War, two thousand five hundred dol- lars. Act of Feb. 2Jj, 1891 {W Stat. 773). (This item, contained in an appropriation act, served to authorize the employ- ment of an expert accountant; the authority has been continued in a similar manner. For the law covering the mileage of the expert accountant see chap- ter entitled Quartermaster Corps under the head "Payments to the Army"). ISO 190 MILITARY LAWS OF THE UNITED STATES, 461. Duties of Inspectors General. — It shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the Inspection Department of. the Army, or others de- tailed for that purpose: Provided^ That no officer so detailed shall be in any way connected with the department or corps making the disbursement. Act of Apr. 20, 187 Jf {18 Stat. SS) . (For the general duties af tbe Ii^)ector General's Departm^it see A. R., 1913, paragraphs 878-902.) 462. Reports of inspections. — That the reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. Sec. ^, Id. (See paragraphs 412 and 413.) 463. Inspections of Volunteer Soldiers^ Homes. — The Secretary of War shall hereafter exercise the same supervision over all receipts and disbursements on account of the Volunteer Soldiers' Homes as he is required by law to apply to the accounts of disbursing officers of the Army. Act of Mar. 3, 1893 {27 Stat. 653) . (See paragraph 412.) 463^. Same — Annual inspection hy officer of Inspector GenerdPs Department. — Hereafter, one in each fiscal year, the Secretary of War shall cause a thorough inspection to be made of the National Home for Disabled Volunteer Soldiers, its records, disbursements, management, discipline, and condition, such inspection to be made by an officer of the Inspector General's Department, who shall re- port thereon in writing, and said report shall be transmitted to Con- gress at the first session thereafter. Act of Aug. 18, 1894- {^S Stat. 412). 464. Inspector-General of Army to inspect Soldiers'' Home. — The Inspector-General of the Army shall, in person, once in each year thoroughly inspect the [Soldiers'] Home, its records, accounts, man- agement, discipline, and sanitary condition, and shall r«port thereon in writing, together with such suggestions as he desires to make. Sec. 2, Act of Mar. 3, 1883 {22 Stat. 664). (For the law in regard to the inspection of the Military Priscm see paragraph 479 post.) HISTORICAL NOTE. The Inspector General's Department had existed during the War of the Revo- lution, the office of inspector general having been held by Baron Steuben, whose appointment was approved by Congress in a resolution dated May 25, 1778. During the incumbency of Baron Steuben a system of drill regulations was prepared and introduced, which continued in use until replaced, in part, by the MILITABY LAWS OF THE UNITED STATES. 191 system prepared by Col. Alexander Smyth in 1810, being finally superseded by the drill regulations prepared by Major General Scott in 1821. On June 25, 1788, in conformity to a resolution of Congress of that date, the Inspector's Depart- ment ceased to exist, and the inspection of the troops was conducted for a time by officers of the line detailed for the purpose. By section 4 of the act of April 30, 1790 (1 Stat. 119), the appointment of one inspector was authorized for the establishment created by that enactment. The act of March 5, 1792 (id., 241), merged the duties of the Adjutant and Inspector G^ieral's Departments and made provision for an adjutant who was to do the duty of an inspector; section 3 of the act of May 30, 1796 (id., 483), made similar provision for an inspector who was to do the duty of an adjutant. The acts of March 3, 1797 (id., 507), and May 22, 1798 (id., 557), authorized the detail of an officer of the line to perform the duties of inspector general. Section 6 of the act of May 28, 1798 (id.. 588), passed in contemplation of war with France, authorized the appoint- ment of an inspector general with the rank of major general, and on July 18, 1798, Gen. Alexander Hamilton was appointed to the vacancy. The temporary military establishment thus authorized, which was never fully completed, was disbanded by the acts of February 20, 1800 (2 id., 7), and May 14, 1800 (id., 85), and the duties of the department were again performed by detail until the office of inspector was created by section 4 of the act of March 16, 1802 (id., 132) ; by sction 3 of the act of April 12, 1808 (id., 481), two brigade inspectors were authorized to be detailed from the line with increased rank ; by the act of December 24, 1811 (id., 669), the office of inspector general (brigadier general) was created and two assistants (lieutenant colonels) were authorized; the duties of the department were defined in regulations approved by the Secretary of War on November 4, 1812. By the act of March 3, 1813 (id., 819), the Adju- tant and Inspector General's Departments were again merged. The act of March 3, 1815 (3 id., 224), fixing the peace establishment, made no express pro- vision for these departments, their duties being performed by officers tempo- rarily detailed for the purpose. By section 10 of the act of April 24, 1816 (id., 297), however, the temporary establishment which had existed since 1815 was made permanent. Provision was also made for an Adjutant and Inspector General of the Army, together with an inspector general to each division and an assistant to each brigade, which were to be filled by detail of officers from the line. At the general reduction of 1821 the Inspector General's Department was recognized and continued by section 6 of the act of March 2, 1821 (id., 615), its composition being fixed' at two inspectors general with the rank and pay of colonels of cavalry. By section 4 of the act of August 23, 1842 (5 id., 512), the department was reduced to one officer; the disbanded officer was restored, however, by the act of June 12, 1846 (9 id., 2), and the composition of the de- partment, as thus established, underwent no change until the outbreak of the War of the Rebellion. By section 2 of the act of August 3, 1861 (12 id., 287), five majors were added to the department; by section 4 of the act of August 6, 1861 (id., 318), two colonels were authorized ; and provision for the inspection service of the armies in the field was made by section 10 of the act of July 17, 1862 (id., 299), which authorized the rank and pay of lieutenant colonel of cavalry to be conferred upon the inspectors general of Army corps. By section 11 of the act of July 28, 1866 (14 id., 334), the composition of the department was fixed as follows-: Four colonels, three lieutenant colonels, and two majors. Section 6 of the act of March 3, 1869 (15 id., 318), contained the requirement that there should be no promotions or appointments in the staff until otherwise directed by law ; by the acts of June 8, 1872 (17 id., 338), and June 16, 1874 (18 id., 77), promotions were authorized to correct inequalities in the rank of officers of the department. By the act of June 23, 1874 (id., 244), the restriction contained in the act of March 3, 1869, was removed and the strength of the department fixed at one inspector general with the rank of colonel, two inspectors general with the rank of lieutenant colonel, and two inspectors general with the rank of major; au- thority was also conferred for the detail of four officers from the line of the Army for service as assistant inspectors general, who were to receive the mounted pay of their grades, and no appointments were to be made to the grade of major until the number of officers in the department had been reduced to five. By the act of December 12, 1878 (20 id., 257), the rank of brigadier general was conferred upon the senior inspector general. By the act of February 5, 1885 (23 id., 297), the composition of the department was fixed as follows: One inspector general (brigadier general), two colonels, two lieutenant colonels, and two majors. It was also provided that the inspector general should be 192 MILITARY LAWS OF THE UNITED STATES. selected from the officers of the corps, that promotions should be by seniority in the department, and that appointments to the grade of major should be made from the captains in the line of the Army. By the act of July 7, 1898 (30 id,, 720), one colonel, one lieutenant colonel, and one major were added to the department under the conditions above set forth. By section 14 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at one inspector general with the rank of brigadier general, four inspectors general with the rank of colonel, four inspectors general with the rank of lieutenant colonel, and eight inspectors gen- eral with the rank of major. A system of details was also established, by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Inspector General's Department. The act of March 3, 1901 (31 Stat. 899), modified the organization prescribed in the act of February 2, 1901, by the insertion of the requirement that, upon the occurrence of a vacancy in the grade of colonel, after the present lieutenant colonels shall have been promoted or retired, the vacancy shall not be filled and thereafter the number of officers authorized for the department shall be as follows: One inspector general with the rank of brigadier general, three in- spectors general with the rank of colonel, four inspectors general with the rank of lieutenant colonel, and nine inspectors general with the rank of major. CHAPTER XVII. THE JUDGE ADVOCATE GENERAL'S DEPARTMENT- MILITARY PRISON. Par. Judge Advocate General's Depart- ment 465^73 Organization 465 Number of majors increased. . . . 466 Promotions, appointments, de- tails 467 Vacancies 468 Acting judge advocates 469 Duties of judge advocates 470 The Judge Advocate General to record court-martial proceed- ings 471 Professor of law at the Military- Academy 472 Judge advocates of departments, etc., may administer oaths 473 Military Prison 474^94 Establishment of, at Rock Island, 111 474 Establishment of, at Fort Leaven- worth, Kans 475 Branch prisons 476 Government and control of prison 477 Par. Military Prison— Continued. Visitation of prison 478 Examination of accounts, etc . . . 479 Officers and attendants 480 Powers and duties of comman- dant 481 Bond of commandant 482 Officers, etc., not to be interested in contracts. 483 Officers suffering prisoner to es- cape 484 Soldiers suffering prisoner to es- cape 485 Employment of convicts, pro- ceeds of work 486 Manufacture of military supplies . 487 Conduct of prisoners, remissions. 488 Privileges of prisoners 489 Provisions for prisoners 490 Misconduct of prisoners 491 Forbidden punishments 492 Prisoners subject to Articles of War 493 Clothing at discharge 494 465. Organisation.— The Judge- Advocate-General's Department' shall consist of one Judge- Advocate-General with the rank of brig- adier-general, two judge- advocates with the rank of colonel, three judge-advocates with the rank of lieutenant-colonel, six judge- advocates with the rank of major, and for each geographical de- partment or tactical division of troops not provided with a judge- advocate from the list of officers holding permanent commissions in the Judge-Advocate-General's Department, one acting judge-advocate ^ Sections 1198 and 1200 of the Revised Statutes and section 2 of the act of June 23, 1874 (18 Stat. 244), were replaced by the act of July 5, 1884 (23 Stat. 113), which merged the Bureau of Military Justice and the corps of judge-advo- cates in the Judge-Advocate-General's Department, created by that statute. 92061"— 17 13 193 194 MILITAKY LAWS OF THE UNITED STATES. with the rank, pay, and allowances of captain mounted.* Sec. 16^ Act of Feb, ^, 1901 (31 Stat 761), 466. Nurriber of majors increased. — Hereafter the number of majors in said department shall be seven: Provided^ That this shall not be so construed as to increase the total number of officers now in the Regular Army. Act of Mar, 2, 1913 (37 Stat. 708), 467. Promotions^ appointments^ details. — Promotions in the Judge Advocate-General's Department, as provided in the first section of this act, shall be by seniority up to and including the rank of colonel. Sec. ^, Act of July 5, 188i {23 Stat, 113) . 468. Vacancies. — Vacancies created or caused by this Act in the grade of major may be filled by appointment of officers holding commissions as judge-advocate of volunteers since April twenty-first, eighteen hundred and ninety-eight. Vacancies which may occur thereafter in the grade of major in the Judge- Advocate-General's Department shall be filled by the appointment of officers of the line, or of persons who have satisfactorily served as judge-advocates of volunteers since April twenty-first, eighteen hundred and ninety- eight, or of persons from civil life who at date of appointment are 'not over thirty-five years of age and who shall pass a satisfactory examination to be prescribed by the Secretary of War. Sec. 15^ Act of Feb. ^, 1901 {31 Stat. 751). 469. Acting judge-advocates. — Acting judge- advocates provided for herein shall be detailed from officers of the grades of captain or first lieutenant of the line of the Army, who, while so serving, shall continue to hold their commissions in the arm of service to which they permanently belong. Upon completion of a tour of duty, not exceeding four years, they shall be returned to the arm in which com- missioned, and shall not be again detailed until they shall have com - pleted two years duty with the arm of service in which commis- sioned. Id. 470. Duties of judge-advocates. — Judge- advocates shall perform their duties under the direction of the Judge-Advocate-General. Sec. IWl, R. S. (For the executive regulations determining the duties of the Judge-Advocate- General's Department, see Army Regulations, paragraphs 915 to 921, inclusive, 1918. General Order 56, War Department, 1913, places the direction and control of the United States Military Prison, as well as of the prison maintained at Castle Williams, Fort Jay, N. Y., under the Judge-Advocate-General of the Army. ) 471. The Judge-Advocate-General to record Gourt-Martial pro- ceedings. — The Judge-Advocate-General shall receive, revise and cause to be recorded the proceedings of all courts-martial, courts of ^ This section repeals and replaces section 1 of the act of July 5, 1884 (23 Stat. 113), in pari materia. MILITABY LAWS OF THE UNITED STATES. 195 inquiry, and military commissions, and perform such other duties as have been performed heretofore by the Judge- Advocate-General of the Army.i Sec. 1199, R. S. 472. Professor of lato at the Military Academy. — The Secretary of War may assign one of the judge- advocates of the Army to be professor of law. Act of June 6, 1874 {18 Stat. 60). (The Secretary of War may assign any officer of the Army as professor of law. See paragraph 1116.) 473. Judge- Advocates of Departments, etc., may administer oaths. — Judge-advocates of departments and of courts-martial and the trial officers of summary courts are hereby authorized to ad- minister oaths for the purposes of military justice and for other pur- poses of military administration. Sec. 4, Act of July 27, 1892 {27 Stat. 278). ^ The work done in his office and for which this officer is responsible consists mainly of the following particulars: Reviewing and making reports upon the proceedings of trials by court-martial of officers, enlisted men and cadets, and the proceedings of courts of inquiry ; making reports upon applications for par- don or mitigation of sentences; preparing and revising charges and specifica- tions prior to trial, and instructing judge-advocates in regard to the conduct of prosecutions ; drafting of contracts, bonds, etc. ; as also, for execution by the Secretary of War, of deeds, leases, licenses, grants of rights of way, approval of locations of rights of way, approval of plans of bridges, power dams, and other structures, notices to alter bridges as obstructions to navigation, removal of sunken wrecks, etc.; framing of bills affecting legislation for the Army, Militia, etc., forms of procedure, etc. ; preparing of opinions upon questions re- lating to the appointment, promotion, rank, pay, allowances, etc., of officers, en- listed men, etc., and to their amenability to military jurisdiction and discipline ; upon the civil rights, liabilities, and relations of military persons and the exer- cise of the civil jurisdiction over them; as to cases of death under Act of May 11, 1908 (35 Stat. 108), as amended by the Act of March 3, 1909 (35 Stat. 735) ; upon the employment of the Army in the execution of the laws; upon the discharge of minors, deserters, etc., on habeas corpus ; upon the administra- tion of military commands, the care and government of military reservations, militia target ranges, etc., and the extent of the United States and State juris- diction over such reservations or other lands of the United States; upon the proper construction of appropriation acts and other statutes; upon the in- terpretations and effect of public contracts between the United States and individuals and corporations; upon the validity and disposition of the varied claims againts the United States presented to the War Department, includ- ing injuries received by employees on public works under Act of May 30, 1908 (35 Stat. 556) ; upon the execution of public works under appropriation by Congress; upon obstructions to navigation as caused by bridges, dams, locks, piers, harbor lines, etc., upon the riparian rights of the United States and of States and individuals on navigable waters, etc. ; and the furnishing to other departments of the Government of statements and information apposite to claims therein pending; as to the application of the eight-hour law (Act of Aug. 1, 1892, 27 Stat. 340), as amended by the Act of March 3, 1913 (37 Stat. 726), to the various classes of work, under the several bureaus of the War Department, including river and harbor improvements; rewards for the appre- hension and delivery of deserters; and to furnishing to individuals under the 114 Article of War copies of their records of trial by general courts-martial. The matter of the submitting to the Judge-Advocate-General of applications for opinions is regulated by paragraph 915, Army Regulations, 1913. By General Order 56, War Department, 1913, the Judge-Advocate-General of the Army is given charge, under the Secretary of War, of the direction and control of the United States Military Prison and of the prison maintained at Castle Williams, Fort Jay, N. Y. 196 MIUTABY LAWS OF THE UNITED STATES. MILITARY PRISON. 474. MilitaTy prison — Establishment of^ at Rock Island^ III. — There shall be established at Rock Island, in the State of Illinois, a prison for the confinement and reformation of offenders against the rules and regulations, and laws for the government of the Army of the United States, in which shall be securely confined, and employed at labor, and governed in the manner hereinafter directed, all of- fenders convicted before any court-martial or military commission in the United States, and sentenced according to law to imprison- ment therein, ^ec. 13Ji4,^ R. S. 475. Establishment of at Fort Leavenworth^ Kans. — That said act be, and the same is hereby, so amended that all acts and things therein required to be done and performed at Rock Island, in the State of Illinois, shall be done and performed on the military reservation at Fort Leavenworth in the State of Kansas: Provided^ That the Gov- ernment buildings now on said military reservation at Fort Leaven- worth shall be modified and used so far as practicable for the pur- poses of said prison. Act of May 21^ 187 Jf {18 Stat. 48). 476. Branch prisons. — Hereafter any military prison that the Secretary of War may designate for the confinement of general pris- oners for whom there is no room at the United States Military Prison at Fort Leavenworth, Kansas, or whom it is impracticable to send there, shall be regarded as a branch of the said United States Military Prison and equally with it shall be subject to the laws relating thereto, including chapter six, title fourteen, of the Revised Statutes. Act of Mar. 2, 1907 (34 Stat. 1169). 477. Government and control of prison. — Hereafter the govern- ment and control of the United States Military Prison shall, under the Secretary of War, be vested in the Board of Commissioners of the United States Soldiers' Home, which board shall consist as at present of the Surgeon-General, the Commissary- General, the Adju- tant-General, the Quartermaster-General, the Chief of Engineers, the Judge- Advocate-General, and the Governor of the Home, and the president of said board, who shall be the senior in rank of the mem- bers thereof, shall submit annually to the Secretary of War, for trans- mission to Congress, a full statement of the financial and other affairs of both the home and the prison for the preceding fiscal year. Act of March ^, 1909 {35 Stat. 100k). (This statute transfers the control of the United States Military Prisqp from the board of government established by General Orders 205, War Department, 1905, to the Board of Commissioners of the United States Soldiers' Home, and changes the personnel of the latter by making the Chief of Engineers a perma- nent member of the board. Under the provisions of General Orders 56, War Department, September 17, 1913, the Judge-Advocate-General of the Army, un- der the Secretary of War, is charged with the direction and control of the prison.) MILITARY LAWS OF THE UNITED STATES. 197 478. Visitation of prison. — The Secretary of War shall, with said commissioners, annually, and as much oftener as may be deemed ex- pedient, visit said prison for the purposes of examination, inspection, and correction; and they shall inquire into all abuses or neglects of duty on the part of the officers or other persons in charge of the same, and make such changes in the general discipline of the prison as they may hold to be essential. Sec. 1346, B. S., as amended hy Act of Jan. 19,1891 {26 Stat. 722). 479. Examination of accounts, etc. — One of the inspectors general of the Army shall, at least once in each year, visit the prison for the purpose of examining into the books and all the affairs thereof, and ascertaining whether the laws, rules, and regulations relating thereto are complied with, the officers are competent and faithful, and the convicts properly governed and employed, and at the same time treated with humanity and kindness. And it shall be the duty of the inspector, at once, to make full report thereof to the Secretary of War. Sec. 13^8, R. S., as amended hy the Act of Jan. 19, 1891 {26 Stat. 722). 480. Ofjlcers and attendants. — The officers of the prison shall con- sist of a commandant and such subordinate officers as may be neces- sary, a chaplain, a surgeon, and a clerk, who shall be detailed by the Secretary of War from the commissioned officers of the Army ; and a sufficient number of enlisted men shall be detailed by the Secretary of War to act as turnkeys, guards, and assistants in prison. Sec. 1347, R. S. 481. Powers and duties of commandant. — The commandant shall have command of the prison ; shall have the charge and employment of the prisoners, and the custody of all the property of the Govern- ment connected with the prison. He shall receive and pay out all the money used for the prison, and shall cause to be kept, in suitable books, complete accounts of all the property, expenses, income, busi- ness, and concerns of the prison; and shall make full and regular reports thereof to the Secretary of War. Sec. 1360, R. S. 482. Bond of commandant. — Before the commandant enters upon the duties of his office he shall give bond, with sufficient sureties, in a sum to be fixed by the Secretary of War, to be approved by him, con- ditioned that he shall faithfully account for all money placed in his hands for the use of the prison and for the faithful discharge of all his duties as commandant. Sec. 13^9, R. S. 483. Officers, etc., not to he interested in contracts. — No officer of the prison, or other person connected therewith, shall be concerned or interested, directly or indirectly, in any contract, purchase, or sale made on account of the prison. Sec. 1368, R. S. 484. Officers suffering prisoner to escape. — Any officer who shall suffer a convict to escape, or shall in any way consent to his escape, 198 MILITARY LAWS OF THE UNITED STATES. or shall aid him to escape, or in an attempt to escape, shall be dis- missed from the service, and suffer such other punishment as a court- martial may inflict. Sec. 1369^ R, S. 485. Soldiers suffering prisoner to escape. — Any soldier or other person employed in the prison who shall suffer a convict to escape, or shall in any way consent to his escape, or shall aid him to escape, or in an attempt to escape, shall, upon conviction by a court-martial, be confined therein not less than one year. Sec. 1360, R. S. 486. Employ ment of convicts, proceeds of work. — The commandant shall, under the direction and with the approval of the Secretary of War, employ, for the benefit of the United States, the convicts at such labor and in such trades as may be deemed best for their health and reformation. He shall have power to sell and dispose of any articles manufactured by the convicts, and shall regularly account for the proceeds thereof, and shall give bond and security for the faith- ful keeping and accounting of all moneys and property coming to his hands as such commandant. Sec. 1351, R. S. 487. Manufacture of military supplies. — The Secretary of War shall cause to be fabricated at the said prison such supplies for the Army as can be economically and properly manufactured at the said prison. Act of Mar. 3, 1879 {20 Stat. 389). 488. Conduct of prisoners, remissions. — The commandant shall take note and make record of the good conduct of the convicts, and shall shorten the daily time of hard labor for those who, by their obedience, honesty, industry, or general good conduct, earn such favors ; and the Secretary of War is authorized and directed to remit, in part, the sentences of such convicts, and to give them an honorable restoration to duty in case the same is merited. Sec. 1352, R. S. ( See in relation to the reenlistment of certain men, paragraph 1052. ) 489. Privileges of prisoners. — The use of newspapers and books shall not be denied the convicts at times when not employed; and unofficial visitors shall be admitted to the prison under such restric- tions as the board of commissioners may impose. The prisoners shall not be denied the privilege of communicating with their friends by letter, and from receiving like communications from them, all of which shall be subject to the inspection of the commandant, or such officer as he may assign to that duty. Sec. 1356, R. S. 490. Provisions for prisoners. — The prisoners shall be supplied with ample and clean bedding, ajid with wholesome and sufficient food, but when in hospital or under discipline their diet shall be pre- scribed by the proper authority. The prison shall be suitably venti- lated, and each prisoner shall have a weekly bath of cold or tepid water, which shall be applied to the whole surface of the body, unless MILITARY LAWS OF THE UNITED STATES. 199 the surgeon shall direct otherwise for the health of the prisoner. Sec. J357, R. S. 491. Misconduct of prisoners. — In case any convict shall disobey the lawful orders of the officers of the prison, or refuse to comply with the rules and regulations thereof, he may be placed in solitary confinement, and the commandant shall at once report the case to the Secretary of War, who shall direct the inspector to make full examination and report of the matter at the next inspection. Sec. 1353, R. S. 492. Forhidden, punishment. — ^In no case shall any prisoner be subjected to whipping, branding, or the carrying of weights for the purpose of discipline, or for producing penitence. Sec. 135^^ R. S. 493. Prisoners subject to articles of war. — All prisoners under confinement in said military prisons undergoing sentence of courts- martial shall be liable to trial and punishment by courts-martial under the rules and articles of war for offenses committed during the said confinement. Sec. 1361, R. S. 494. Clothing at discharge. — Every prisoner, upon being dis- charged from prison, shall be furnished with decent clothing. Sec. 1355, R. S. (For a number of years the appropriations act for the Army has contained annually an item authorizing a donation of $5 to each dishonorably discharged prisoner upon his release from confinment under court-martial sentence involv- ing dishonorable discharge, and one authorizing the issue to a man under similar conditions a suit of citizen's outer clothing, to cost not exceeding $10; also one authorizing transportation on discharge of prisoners confined at the United States Military Prison to their homes or elsewhere as they may elect, provided the cost is not greater than that to the place of last enlistment.) HISTORICAL NOTE. The office of Judge Advocate of the Army was created during the War of the Revolution, having been established by resolution of Congress of July 25, 1775 (Journals of Cong.), soon after the enactment of the Articles of War on June 29 of the same year. In the reenactment of the articles, in 1776, this officer was styled the Judge Advocate General of the Army and was empowered to prose- cute in the name of the United States or to conduct such prosecutions by dep- uty. The office of judge advocate ceased to exist at the disbandment of the Revolutionary Armies, but was revived by section 2 of the act of March 3, 1797 (1 Stat., 507), which made provision for a judge advocate, to be taken from the commissioned officers of the line, who was to receive the same pay and nllowances as the brigade major (adjutant) and inspector therein authorized. This office, with other offices in the General Staff, was discontinued by the act of March 16, 1802 (2 id., 132). Section 19 of the act of 1812 (id., 674), passed in contemplation of war with England, made provision for one judge advocate, with the rank of major, to each division, and this number was increased to three by section 2 of the act of April 24, 1816 (3 id., 397). At the reduction of 1818 these officers were disbanded (act of April 14, 1818, 3 id., 426), and the office of Judge Advocate of the Army was discontinued by the act of March 2, 1821 (id., 615). By section 4 of the act of March 3, 1849 (9 id., 351), the office of Judge Advo- cate of the Army was reestablished, with the rank and pay of major of Cavalry. By section 5 of the act of July 17, 1862 (12 id., 598), the office of Judge Advo- cate General was created, with the rank and pay of brigadier general ; by this enactnient the duties of the office were defined. By section 5 of the same statute provision was made for a Corps of Judge Advocates, one of whom was to be 200 MILITARY LAWS OF THE UNITED STATES. assigned to duty at the headquarters of each army in the field. By section 5 of the act of June 20, 1864 (13 id., 145), the Bureau of Military Justice was established, to which the Judge Advocate General was transferred, and an Assistant Judge Advocate General, with the rank of colonel of Cavalry, was authorized. By section 12 of the act of July 28, 1866 (14 id., 334), the compo- sition of the department was fixed at one Judge Advocate (General (brigadier general), one Assistant Judge Advocate General (colonel), and ten judge advo- cates were added to the military establishment, who were to be selected by the Secretary of War from the Corps of Judge Advocates authorized by the act of July 17, 1862. By this statute the office of Solicitor of the War Department was discontinued, the duties of the office being marged in the Bureau of Military Justice. By section 3 of the act of March 3, 1869 (15 Stat., 318), all appoint- ments and promotions in the several departments of the staff were prohibited until otherwise directed by law; but this restriction was removed, as to the Bureau of Military Justice, by the act of April 10, 1869 (16 id., 44), which fixed the number of judge advocates at eight. By section 2 of the act of June 23, 1874 (18 id., 244), the office of Assistant Judge Advocate General was dis- continued, and it was provided that there should be no appointments to the grade of major until the number of officers of that grade had been reduced to four. By the act of July 5, 1884 (23 id., 113), the Bureau of Military Justice and the Corps of Judge Advocates were consolidated and merged in the Judge Advocate General's Department, the composition of wMch was fixed as follows: One Judge Advocate General (brigadier general), one Assistant Judge Advocate General (colonel), three deputy judge advocates general (lieutenant colonels), and three judge advocates (majors). Promotion to the grade of colonel was to be by seniority, and provision was made for the detail of officers of the line as judge advocates of military departments, who were to have, while so serving, the rank and pay of captains mounted. By section 15 of the act of February 2, 1901 (31 id., 751), the permanent strength of the department was fixed at one Judge Advocate General with the rank of brigadier general, two judge advocates with the rank of colonel, three judge advocates with the rank of lieutenant colonel, and six judge advocates with the rank of major. The system of details of officers of the grade of cap- tain or first lieutenant to serve as acting judge advocates and, while so serving, to have the rank, pay, and allowances of captains mounted, as established by the act of July 5, 1884 (23 Stat., 113), was recognized and continued. By the act of March 2, 1913 (37 id., 708), the number of majors was in- creased to seven. CHAFTER XA^III. THE QUARTERMASTER CORPS. Par. Tlie Quartermaster, Subsistence, and Pay Departments consoli- dated 495-506 Organization 495 Same — six officers to be pro- moted to grade of major 496 Same — restrictions as to details to fill vacancies 497 Same — duties of regimental bat- talion and squadron quarter- masters and commissaries, etc . 498 Same — duties of, extended so aa to include receipting for money and property 499 Same — duties of officers of Quar- termaster Corps 500 Same — Chief of Quartermaster Corps to have rank of major - general 501 Same — vacancy in grade of brig- adier general not to be filled. . 502 Same — subject to supervision of Chief of Staff 503 Same — ^immediate appointment of Chief of Quartermaster Corps 504 Same — civilian employees to be replaced by enlisted men 505 Same — decrease in enlisted men. 506 The Quartermaster's Department 507-578 Organization 507 Same — increase in number 508 Promotions, tranafers.and details. 509 Details 510 Same — ^to be made from grade in which vacancy exists 511 Vacancy in office of storekeeper not to be filled 512 Military storekeeper on duty at White House 513 Post quartermaster sergeants 514 Duties 615 Par. The Quartermaster's Department — Continued. Supplies, purchase of, kind and amount to be prescribed by Secretary of War 516 Same — for naval and marine de- tachments 517 Post exchange, use of public buildings and transportation for 518 Officers not to be interested in purchases or sales for depart- ment 519 Payment of subscriptions to newspapers, etc., in advance.. 520 Sale of smplus iee, electric cur- rent, etc., from Government plants where no competition. . 521 Proceeds of sales of serviceable supplies to remain available through fiscal year following • sale 522 Disbursing officers authorized to pay pressing obligations from total available balance where insufficient balance provided the apportionment has been made 523 Transportation of troops 524 Same — ^preference to be given over other traffic in time of actual or threatened war 525 Same — of baggage in excess of allowances, reimbursement for 526 Same — officers' private mounts, reimbursement for cost of transportation 527 Same — use of transports, re- strictions, Navy, Marine Corps, etc 528 201 202 MILITARY LAWS OP THE UNITED STATES. Par. The Quartermaster's Department — Continued. Same — oflficers, etc., of Revenue- Cutter Service, and secretaries and supplies of Army and Navy- department of Y. M. C. A- . . . 529 Same — merchandise of American production to residents, etc., of island of Guam 530 Same — over land-grant and bond- aided railroads 531 Same — property for Grovernment surveys, national museums, etc 532 Same — to use means of herein provided 533 Taking and use of vessels as cruisers or transports; pay- ment 534 Purchase or hire of vehicles, etc. , for official, military and gar- rison purposes 535 Transports, Army, equipment of with lifeboats and rafts 536 Purchase of animals 537-544 Purchase of draft animals, re- strictions 537 Same — limited to number actu- ally required for the service . . 538 Same — ^horses, for Cavalry, Artil- lery, etc., restrictions 539 Same — ^to be limited to actual needs of the service 540 Same — open market purchases at military posts, etc., at maxi- mum price fixed by Secretary ofWar 541 Same — including horses for serv- ice schools, staff colleges, etc.. 542 Same — not to take part in horse shows or horse races 543 Veterinarians, employment of for animals not connected with the Cavalry and Artillery 544 Barracks and quarters 545-556 Barracks and quarters, construc- tion of permr.nent 545 Limit of cost 546 Same 447 Shelter in the Philippine Islands. 548 Par. Barracks and Quarters — Contd. Same — for Seacoast Artillery, limitation on cost 549 Quarters for hospital stewards, Secretary of War to designate posts at which to be con- structed 550 Quarters in kind to officers 551 Same — officers temporarily ab- sent not to lose right to 552 Shooting galleries and ranges 553 Fuel and forage allowance 554 Fuel allowance limited to actual personal necessities 555 Heat and light allowance, lim- ited to that actually necessary for authorized allowance of quarters 556 Forage 557-561 Forage, no discrimination against officers serving east of Missis- sippi River 557 Horses owned by officers ordered to duty beyond seas, etc., to be purchased by the Grovernment . 558 Same — not to be deprived of forage, bedding, shoeing, or shelter, etc 559 Same — not to be deprived of when officer is separated from through nature of his military service 560 Same — transportation may be furnished for, from point of purchsae to point of officer's station 561 Extra-duty pay rates 562 Same 563 Same — extra pay not to be paid to soldier receiving 564 Extra-duty, details to be in writing 565 Same — details in field only with consent of commanding officer . 566 Same — ^in war time, no addi- tional compensation for 567 Same — not entitled to, while re- ceiving the 20 per centum increase 568 Civilian employees, restriction on employment 569 MILITARY LAWS OF THE UNITED STATES. 203 Par. Clothing 571-578 Clothing, President to prescribe uniform 571 Same — gratuitous issue of 572 Same — quarterly returns of 573 Same — allowance of 574 Same — balance payable at dis- charge 575 Same to be paid out of appropri- ation for pay of Army for the then current fiscal year 576 Same — altering 577 Same — Umit of cost 578 Subsistence Department 580-612 Organization 580 Same — promotions and details. . 581 Same — details 582 Same — details, grade 583 Same — p o s t commissary ser- geants 584 Same — ^increase in number of . . . 585 Duties to make purchases and issues 586 Same — sales to officers and en- listed men 587 Same — sales to officers and en- listed men of Marine Corps. . . 588 Same — sales of exceptional ar- ticles 589 Same — issues to seamen and marines 590 Same — purchasing officers not to trade in articles of subsistence . 591 Same — may keep, at their own risk, in their personal posses- sion, restricted amounts for disbursement 592 Ration, President to prescribe components 593 Same — special for soldiers re- covering from ill health, etc. . 594 Same — emergency, when issued, to be in addition to regular. . . 595 Same — enlisted men to receive per day 596 Same — no enlisted man to re- ceive more than one per day. . 597 Same — hospital matrons, mem- bers of Female Nurse Corps, and nurses employed in post and regimental hospitals, one 598 Par. Subsistence Department — Contd. Same — President may authorize issuance of, to Indians at mili- tary posts. '. 599 Same — of sugar and coffee, when issued in kind, to be issued weekly. 600 Same — may be commuted to ex- tract of coffee 601 Same — commutation of .602 Same — to be made at cost 603 Same — to another bureau or de- partment 604 Same — of rations to officers in field 605 Same — of tobacco to enlisted men 606 Same — to be immediately avail- able , 607 Same — statement of proceeds not to be reported to Secretary of Treasury 608 Same — proceeds of sales of, dis- position of 609 Line officers shall superintend cooking for enlisted men 610 Commutation of rations to en- listed men on furlough, etc... 611 Same- — for members of Female Nurse Corps, etc 612 Pay Department 613-727 Organization 613 Same — additional 614 Same — service to be temporary.. 615 Same — promotions and trans- fers 616 Same — details 617 Same 618 Duties - 619-624 Same — of Paymaster General... 619 Same — Deputy Paymaster Gen- eral 620 Same — paymasters 621 Same — to disburse all money for pay of Army 622 Same — examination of accounts of paymasters 623 Same — bright to command 624 Payment of enlisted men 625-628 Same — arrears shall not exceed two montha 525 204 MILITABY LAWP OF THE UNITED STATES. Far. Payment of enlisted men — Ck)ntinued. Same — rule for division of time amd computation of 626 Same — by check 627 Same — to militia from appropri- ation for militia 628 Paymasters' clerks 629-634 Same — ^authorization for 629 Same — pay same as Navy pay- masters' clerks 630 Same — mileage same as that for officers of Army 631 Same — age for retirement' same as that for officers of Army 632 Same — ^no further appointments of, to be made 633 Same — subject to the Rules and Articles of War 634 Pay of commissioned officers 635-651 Rates of pay 635 Same — militia and volimteers. . . 636 Same — officers below grade of major who provide suitable mounts 637 Same — ^no increase on account of brevet rank 638 Same — ^increased for exercising higher command 639 Same — ^restrictions as to period covered by higher command . . 640 Same — authority for accounting officers to remove stoppages in settlement of claims for 641 Same — ^increase for foreign serv- ice 642 Same 643 Same — ^not to apply to Canal Zone, Panama, Hawaii, or Porto Rico 644 Same — applies to transport serv- ice in the Philippine Ar- chipelago 645 Same — ^additional pay for acting commissaries repealed 646 Assignment or transfer of pay accounts 647 Same — payment by check to be full acquittance 648 Advances of pay 649 Advances to troops embarking for service in Philippines 650 Allowances, restrictions as to 651 Par. Longevity pay 652-657 Same — 10 per centum increase for each term of five years of service 652 Same — total increase not to ex- ceed 40 per centum of yearly pay 653 Same— maximum for colonel, lieutenant colonel, and major. 654 Same — service as officer in volun- teers or enlisted man in armies to be counted 655 Same — service in Navy to be counted 656 Same — service of cadet subse- quent to act not to be counted . 657 Pay of retired officers 658-660 Same — receive 75 per centum of pay of rank 658 Same — ^not to receive longevity pay 659 Same — wholly retired 660 Pay during absence 661-667 Same — ^absence on account of sickness, wounds, etc 661 Same — leave on full pay 662 Same — dates of commencement and termination of 663 Same — officers appointed from Volunteer to Regular Army entitled to accrued leave 664 Same — to be absent from Philip- pines 665 Same — no officer or enlisted man absent on account of disease resulting from intemperate habits or roisconduct are en- titled to 666 Same — pay forfeited during ab- sence without leave 667 Commutation of quarters, rate.. 668 Same — officer who is member of Board of Road Commissioners living in Alaska 669 Same — ^no claim for quarters for servants 670 Same — duty without troops 671 Same — not to lose right on ac- count of temporary absence... 672 Same — military attaches, etc., entitled to 673 Officers to receive monthly pay- ments 674 I MILITARY LAWS OF THE UNITED STATES, 205 Par. Travel allowances 675-689 Mileage to be computed over shortest route 675 Same — to be computed by table of distances. 676 Same — orders involving payment of, to state duty 677 Same— rate fixed at 7 cents per mile 678 Same — where station is changed while on leave of absence 679 Same — traveling expenses in lieu of, on instruction journeys. 680 Actual expenses for contract and dental surgeons in Alaska 681 Actual expenses only for sea travel 682 Same — on discharge 683 Travel allowances on discharge, except as punishment 684 Transportation in kind, on re- quest 685 Travel over bond-aided roads. . . 686 Same — deduction 687 Mileage, restrictions upon ex- penditure of appropriation for, on inspections and investiga- tions 688 Disbursements to be made by the Quartermaster Corps 689 Stoppages of pay 690-694 Repairs to arms, etc 690 Deficiency in articles of military suppUes 691 Rations, etc., purchased on credit 692 Arrearages due United States. . . 693 Same — when admitted or shown by judgment of court 694 Pay of enlisted men 695-712 Rates of pay of master electri- cians, noncommissioned offi- cers, etc 695 Same — Indian scouts 696 Same — mess sergeants, corporals, mechanics, etc 697 Same — blacksmiths, farriers, pri- vates, etc 698 Same — marksmen, classifications of 699 Par. Pay of enlisted men — Continued. Same — number of gun pointers, etc., not to be increased 700 Same — enlisted men of bands 701 Same — not to be construed as to reduce that of any officer or enlisted man 702 Same — horseshoer 703 Detachments at recruiting sta- tions and prisons — pay and allowances of 704 Same — increase in time of war. . 705 Same — bonus for reenlistment. . . 706 Same — retained pay 707 Same — continuous service 708 Same — commissioned service in volunteer organizations to be counted as 709 Same — commissioned service in Philippine Scouts to be counted as 710 Same — allotments of 711 Same — credit to disbursing of- ficers for payment of 712 Pay of retired enlisted men 713-715 Period and computation of time for retirement 713 Retired enlisted men — additional allowances to 714 Allowances of retired enlisted men, cash payment in lieu of. 715 Deposits by enlisted men 716-718 Method of making and keeping- 716 Same — to bear interest 717 Same — Secretary of War to pre- scribe regulations for 718 Certificates of merit 719 Pay during absence 720 Same — during captivity 720 Travel pay on discharge 721 Stoppages and deductions 722-727 Deductions for Soldiers' Home abolished 722 Laundry, etc., for recruits at depots 723 Tobacco, deduction of amount due for 724 Subsistence stores, credit sales.. 725 Assignment of pay forbidden 726 Detained pay — appropriation irom which payable 727 206 MILITARY LAWS OF THE UNITED STATES. 495. Organization. — The office establishments of the Quartermaster General, the Commissary General, and the Paymaster General of the Army are hereby consolidated and shall hereafter constitute a single bureau of the War Department, which shall be known as the Quarter- master Corps,^ and of which the Chief of the Quartermaster Corps created by this act shall be the head. The Quartermaster's, Subsistence, and Pay Departments of the Army are hereby consolidated into and shall hereafter be known as the Quartermaster Corps of the Army. The officers of said departments shall hereafter be known as officers of said corps and by the titles of the rank held by them therein, and, except as hereinafter specifically provided to the contrary, the pro- visions of sections twenty-six and twenty-seven of the act of Congress approved February second, nineteen hundred and one, entitled "An act to increase the efficiency of the permanent military establishment of the United States," are hereby extended so as to apply to the Quartermaster Corps in the manner and to the extent to which they now apply to the Quartermaster's, Subsistence, and Pay Depart- ments, and the provision of said sections of said act relative to chiefs of staff corps and departments shall, so far as they are applicable, apply to all offices and officers of the Quartermaster Corps with rank above that of colonel. The officers now holding commissions as officers of the said departments shall hereafter have the same tenure of commission in the Quartermaster Corps, and as officers of said corps shall have rank of the same grades and dates as that now held by them, and, for the purpose of filling vacancies among them, shall constitute one list, on which they shall be arranged according to rank. So long as any officers shall remain on said list any vacancy occurring therein shall be filled, if possible, from among such officers, by selec- tion if the vacancy occurs in a grade above that of colonel, and, if the vacancy occurs in a grade not above that of colonel, by the pro- motion of an officer who would have been entitled to promotion to that particular vacancy if the consolidation of departments hereby prescribed had never occurred : Provided^ That on and after the first day of January, nineteen hundred and seventeen, any vacancies oc- curring among officers of the Quartermaster Corps with rank above that of colonel may, in the discretion of the President, be filled by s^election from among officers who shall have served by detail in said corps for not less than four j^ears. Sec. 3 Act of Aug. ^4, 1912 {37 Stat. 691), ^ The Quartermaster Corps provided for by section 3 of the Army appropria- tion act of August 24, 1912 (37 Stat. 591), came into legal existence on the date of the approval of the act to the extent that no detail to the grade of captain can be made thereto until the number of oflScers of that grade in said corps has been reduced below the authorized consolidated strength of 102. (Bulletin No. 20, Dig. Opin. J. A. G., Oct. 19, 1912.) MILITARY LAWS OF THE UNITED STATES. 207 496. Same — six oficers to he promoted to grade of major. — That not to exceed six officers holding commissions with the rank of cap- tain ^ in the Quartermaster Corps and who have lost in relative rank through irregularities of promotion and the operation of separate promotion within the three departments hereby consolidated, may, in the discretion of the President and subject to examination for promo- tion as prescribed by law, be advanced to the grade of major in the Quartermaster Corps, and any officer who shall be advanced to said grade under the terms of this proviso shall be temporarily an addi- tional officer of said grade but only until a vacancy shall occur for him on the list of officers of said grade as hereafter limited ; and no officer shall be detailed to fill any vacancy on the list of majors of the Quartermaster Corps until after all additional officers authorized by the proviso shall have been absorbed. The noncommissioned officers now known as post quartermaster sergeants and post commissary ser- geants shall hereafter be known as quartermaster sergeants; the Army paymaster's clerks shall be known as pay clerks, and each of said noncommissioned officers and pay clerks shall continue to have the pay, allowances, rights, and privileges now allowed him by law. Sec. 3, id. 497. Same — Restrictions as to details to fill vacancies. — That no de- tails ^ to fill vacancies in the grade of colonel in the Quartermaster ^ Held, that such provisions of said section 3 as became operative without executive action went into effect immediately upon the passage of the act and therefore that the new designation given to oflficers by the act should be used in referring to the officers of the consolidated corps, and that the details to the consolidated corps or to any of the bureaus composing it could not be made or become effective until the number of officers in the consolidated corps had been reduced to the number authorized by the law. Held further, that the expression in the portion of the act above quoted requiring the Chief of the Quartermaster Corps to put the provisions of such section into effect "not less than sixty days after the passage" of said act, defines a period of limitation before which the provisions of the act requir- ing executive action can not be carried into effect, and that therefore the ad- vancement of not to exceed six captains holding commission in the Quartermas- ter Corps to the grade of major as authorized by the act, not taking effect by operation of the law, but requiring executive action, must be postponed to the end of the sixty-day period. (Bulletin No. 20, Dig. Opins. J. A. G., Oct. 19, 1912.) ^ Held, that the provisions of said section regarding details to the Quarter- master Corps became effective immediately upon the passage of the act, and that thereafter no details to the consolidated corps or to its constituent parts could be made to fill vacancies occurring therein, until the prescribed reduction in the number of officers therein had been accomplished. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) Held, that there being no captain on the permanent list of officers of the former Pay Department, the senior captain permanently belonging to the Quar- termaster Corps may at the proper time be promoted to fill the vacancy in question, but that his right to promotion can not be held to antedate the time at which section 3 of the act of August 24, 1912, supra, which made the position available for him, becomes administratively effective. Held further, that the advancement of the six captains for which special pro- vision is made in section 3 of the act of August 24, 1912, must be deferred until the date when the said section is put into administrative effect, and that the rank of said officers as majors in the Quartermaster Corps can not antedate the latter date. Id. 208 MILITARY LAWS OF THE UNITED STATES. Corps shall be made until the number of officers of that grade shall have been reduced by three, and thereafter the number of officers in that grade shall not exceed twelve ; and no details to fill vacancies in the grade of lieutenant-colonel in the Quartermaster Corps shall be made until the number of officers of that grade shall have been re- duced by three, and thereafter the number of officers of that grade shall not exceed eighteen ; and no details to fill vacancies in the grade of major in the Quartermaster Corps shall be made until the number of officers of that grade shall have been reduced by nine, and there- after the number of officers in said grade shall not exceed forty-eight ; and no details to fill vacancies in the grade of captain in the Quarter- master Corps shall be made until after the number of officers of that grade shall be reduced by twenty-nine, and thereafter the number of officers of said grade shall not exceed one hundred and two; and whenever the separation of a line officer of any grade and arm from the Quartermaster Corps shall create therein a vacancy that, under the terms of this proviso, can not be filled by detail such separation shall operate to make a permanent reduction of one in the total num- ber of officers of said grade and arm in the line of the Army as soon as such reduction can be made without depriving any officer of his commission. Sec. 3^ id. 498. Same — Duties of regimental^ hattalion and squadron quarter- masters and commissaries^ etc. — That whenever the Secretary of War shall decide that it is necessary and practicable, regimental, battalion, and squadron quartermasters and commissaries shall be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform, and regimental and battalion quartermaster and commissary sergeants shall be required to per- form any duties that noncommissioned officers or pay clerks of the Quartermaster Corps may properly be required to perform, but such regimental, battalion, and squadron quartermasters and commissaries shall not be required to receipt for any money or property which does not pertain to their respective regiments, battalions, or squad- rons, and they shall not be separated from the organization to which they belong. See 3, id. 499. Same — Duties of^ extended so as to include receipting for money and property. — That regimental, battalion, and squadron quartermas- ters and commissaries shall hereafter be required to perform the duties of officers of the Quatermaster Corps,^ including the receipting for * Held, that although the clause " whenever the Secretary of War shall decide that it is necessary and practicable regimental, battalion, and squadron quar- termasters and commissaries shall be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform," is affirmative in form, its eflfect is prohibitive as well as affirmative; that, giving the broadest application to the implied prohibition, it would serve to forbid the detail of any officers except those specifically mentioned in the clause to perform duties that officers of the Quartermaster Corps may properly be MILITARY LAWS OF THE UNITED STATES. 20^ any money or property pertaining to said corps, when no officer of the Quartermaster Corps is present for such duties, and nothing con- tained in the Army appropriation act approverd August twenty- fourth, nineteen hundred and twelve, shall hereafter be held or con- strued so as to prevent competent authority from requiring any officers of the Army to act temporarily as quartermasters wherever there shall be no officers of the Quartermaster Corps, and no regi- mental, battalion, or squadron quartermasters or commissaries present for such duty. Act of Mar. 2, 1913 {37 Stat. 706) . 500. Same — Duties of officers of Quartermaster Corps. — That such duty or duties as are now required by law to be performed by any officer or officers of the Quartermaster's, Subsistence, or Pay Depart- ments shall hereafter be performed by such officer or officers of the Quartermaster Corps as the Secretary of War may designate for the purpose. Sec. 3, Act of Aug. 21^, 1912 {37 Stat. 591). 601. Samx — Chief of Quartermaster Corps to have rank of major general. — That there shall be a Chief of the Quarterm.aster Corps, who shall have the rank of major general while so serving, and who required to perform, but that, as the affirmative provision relates only to officers belonging to branches of the Army w^hich have a regimental, battalion, or squadron organization, the implied prohibition should be construed as relating only to the same branches; that the legislation under consideration does not affect the availability of any officers for Quartermaster Corps duty except those belonging to the mobile branches of the line of the Army, and, therefore, all officers, except those belonging to the mobile branches of the line, may con- tinue hereafter, as heretofore, to be employed upon Quartermaster Corps duties, including the duties of post quartermasters, when their employment is necessary to supplement the services of the personnel of the Quartermaster Corps; that regimental, battalion, and squadron quartermasters and commissaries may, under the specific terms of this legislation, be required to perform any duties that may properly be required of junior officers of the Quartermaster Corps, including the duties of post quartermasters, provided such officers be not re- quired to receipt for money or property not pertaining to their respective organi- zations and are not separated therefrom ; that officers commissioned in the mobile branches of the line of the Army, but detached therefrom under the pro- visions of law and replaced in their respective branches under the provisions of section 27 of the act of February 2, 1901 (31 Stat. 755), may, as occasion arises, be required to perform Quartermaster Corps duties properly incident to the duties for the performance of which they are detached, but may not be detached for the purpose of assigning to them duties pertaining to the Quarter- master Corps; and that all other officers of the mobile branches of the line of the Army are within the implied prohibiton of the new statute and may not be charged with Quartermaster Corps duties. Held also, that within the meaning of this legislation there is no difference between a memorandum receipt which renders the officer giving it responsible, though not accountable, for the property or funds receipted for, and a receipt which renders him accountable as well as responsible; and that regimental, battalion, and squadron quartermasters and commissaries may not be required to give memorandum receipts for money or property not pertaining to their respective organizations. Held further, that in the sense of this legislation the line of demarcation which separates money or property pertaining to a regiment, battalion, or squadron from other money or property is the line which separates money or property necessary and proper for the use, preparation, and maintenance of the regiment, battalion, or squadron as a mobile unit of the Army from money or property used or intended for other purposes. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 92061"— 17 14 210 MILITAKY LAWS OF THE UNITED STATES. shall be appointed by the President, by and with the advice and con- sent of the Senate, from among the officers of said corps and in ac- cordance with the requirements of section twenty-six of the act of Congress approved February second, nineteen hundred and one, hereinbefore cited. Sec. S, id. 502. Same — Vacancy in grade of brigadier general not to he filed. — That when the first vacancy in the grade of brigadier gen- eral in the Quartermaster Corps, except a vacancy caused by the expiration of a limited term of appointment, shall hereafter occur that vacancy shall not be filled, but the office in which the vacancy occurs shall immediately cease and determine. Sec. 3, id. 503. Same — Subject to supervision of Chief of Staff. — That the Quartermaster Corps shall be subject to the supervision of the Chief of Staff to the extent the departments hereby consolidated into said corps have heretofore been subject to such supervision under the terms of the existing law. Sec. 3, id. 504. Sa?ne — Immediate appointment of Chief of Quarterrrmster Corps. — That for the purpose of carrying into effect the provisions of this section the President is hereby authorized to appoint, by and with the advice and consent of the Senate, the Chief of the Quarter- master Corps herein provided for immediately upon the passage of this act, and it shall be the duty of the said chief, under the direction of the President and the Secretary of War, to put into effect the pro- visions of this section not less than sixty days after the passage of this act. Sec. 5, id. 505. Same — Civilian employees to be replaced by enlisted men.^ — As soon as practicable after the creation of a Quartermaster Corps in the Army not to exceed four thousand civilian employees of that corps, receiving a monthly compensation of not less than thirty dollars nor more than one hundred and seventy-five dollars each, not including civil engineers, superintendents of construction, inspectors of cloth- ing, clothing examiners, inspectors of supplies, inspectors of animals, chemists, veterinarians, freight and passenger rate clerks, civil serv- ice employees, and employees of the classified service, employees of the Army transport service and harbor-boat service, and such other employees as may be required for technical work, shall be replaced permanently by not to exceed an equal number of enlisted men of said corps, and all enlisted men of the line of the Army detailed on extra duty in the Quartermaster Corps or as bakers or assistant bakers shall be replaced permanently by not to exceed two thousand enlisted men of said corps; and for the purposes of this act the enlistment in the military service of not to exceed six thousand men, who shall be attached permanently to the Quartermaster Corps and * Note reference to chapter under enlisted men, and reference under that chapter to this paragraph. MILITARY LAWS OF THE UNITED STATES. 211 who shall not be counted as a part of the enlisted force provided by- law, is hereby authorized: Provided^ That the enlisted force of the Quartermaster Corps shall consist of not to exceed fifteen master electricians, six hundred sergeants (first class), one thousand and five sergeants, six hundred and fifty corporals, two thousand five hundred privates (first class), one thousand one hundred and ninety privates, and forty-five cooks, all of whom shall receive the same pay and allowances as enlisted men of corresponding grades in the Signal Corps of the Army, and shall be assigned to such duties pertaining to the Quartermaster Corps as the Secretary of War may prescribe : Provided further^ That the Secretary of War may fix the limits of age within which civilian employees who are actually employed by the Government when this act takes effect and who are to be replaced by enlisted men under the terms of this act may enlist in the Quarter- master Corps: Provided further^ That nothing in this section shall be held or construed so as to prevent the employment of the class of civilian employees excepted from the provisions of this act or the continued employment of civilians included in the act until such latter employees have been replaced by enlisted men of the Quarter- master Corps.1 Sec. 4, Act of Aug. 21^, 1912 {37 Stat, 693). 506. Same — Decrease in enlisted men. — ^That the enlisted force of the Quartermaster Corps shall consist of not to exceed fifteen master electricians, six hundred sergeants (first class), nine hundred and seventy-five sergeants, six hundred and twenty-five corporals, two thousand five hundred privates (first class), one thousand one hun- dred and ninety privates, and ninety-five cooks, all of whom shall receive the same pay and allowances as enlisted men of correspond- ing grades in the Signal Corps of the Army, and shall be assigned to such duties pertaining to the Quartermaster Corps as the Secre- tary of War may prescribe. Act of Apr. 27^ 19H (38 Stat. 355). ^ Held, that the portion of said section describing the classes of employees not included within the provisions of that portion of the act requiring the sub- stitution of civilian employees in the Quartermaster Corps by enlisted men, refers to the persons and not to the positions held by them, and that as said posi- tions are vacated they may be filled by the enlisted men authorized by said act; held further, that under the authority of the proviso to the effect that nothing in said section shall be held or construed so as to prevent the employment of the classes of civilian employees excepted from the provisions of the act, the Secretary of War may properly direct that, as to the employees required for technical work of the classes specified, vacancies occurring may be filled in the future as in the past through the civil service, and in this way full operation can be given to the entire section authorizing the enlistment of men for the purpose of taking the place of civilian employees. (Bulletin No. 20, Dig. Opins. J. A. G., Oct. 19, 1912.) Held, that service as a civilian employee in the Quartermaster's Department prior to enlistment in the Quartermaster Corps under the provisions of said section can not be counted as enlisted service either for the purpose of computing longevity pay after enlistment or for the purpose of retirement. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 212 MILITARY LAWS OF THE UNITED STATES. THE quartermaster's DEPARTMENT. 507. Organisation} — The Quartermaster's Department shall con- sist of one Quartermaster- General with the rank of brigadier-gen- eral, six assistant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant- colonel, twenty quartermasters with the rank of major, sixty quar- termasters with the rank of captain, mounted, * * * and one hundred and fifty quartermaster-sergeants.^ Sec. 16^ Act of Feb. 2,1901 {31 Stat. 751). 508. Same — Increase in number. — The Quartermaster's Depart- ment is hereby increased by two colonels, three lieutenant colonels, seven majors, and eighteen captains, the vacancies thus created to be filled by promotion and detail in accordance with section twenty- six of the Act approved February second, nineteen hundred and one. Act of Mar. 3, 1911 (36 Stat. 10Jf5). (For provision as to number of officers in grades of colonel and lieutenant- colonel, see paragraph 497, ante.) 509. Promotions, transfers, and details. — So long as there remain any officers holding permanent appointments in the * * * Quartermaster's Department * * * including those appointed to original vacancies in the grades of captain and first lieutenant under provisions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled b}'^ such promotions or to the periods for vvhich officers so promoted shall hold their appointments.^ Sec. 26, Act of Feb. 2, 1901 {31 Stat. 755). 510. Details. — When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion ^ For provision as to the number of officers in the grades of colonel, lieut- enant-colonel, major, and captain in the Quartermaster Corps, see paragraph 497, ante. More thoroughly to comprehend the consolidation of the three department into the Quartermaster Corps, the old law is given. 'Section 16 of the act of February 2, 1901 (31 Stat. 751), contained the requirement that ** the President is authorized to continue in the service during the present emergency, for duty in the Philippine Islands and on transports, twenty-four captains and assistant quartermasters of volunteers." The same enactment provided that "all vacancies in the grade of colonel, lieutenant- colonel, and major created or caused by this section shall be filled by promotion according to seniority as now prescribed by law." It also provided " that to fill original vacancies in the grade of captain created by this act in the Quartermaster's Department the President is authorized to appoint officers of volunteers commissioned in the Quartermaster's Department since April 21, 1898." ' For provision governing filling of vacancies in the Quartermaster Corps, and providing that when the vacancy occurs in a grade not above that of colonel it shall be filled, if possible, by the promotion of an officer who would have been entitled to promotion to that particular vacancy if the consolidation of the departments had never occurrec" (See^ par, 495, ante.) MILITARY LAWS OF THE UNITED STATES. 213 as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps. Id. 511. Same — To he made from, grade in which vacancy exists. — Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe.^ Id. 512. Vacancy in ofice of storekeeper not to he filled. — W4ien a vacancy shall occur through death, retirement, or other separation from active service in the office of storekeeper in the Quartermaster's Department and Ordnance Department, respectively, now provided for by law, said offices shall cease to exist.^ Acts of Mar. 0, 1899 {30 Stat. 977), and Feh. 2, 1901 (31 Stat. 748). 513. Military storekeeper on duty at White House. — The military storekeeper now on duty at the "White House as doorkeeper to the President may be continued in that employment and shall receive the full pay and allowances of his grade from the date of his retirement until relieved by the President. Act of June 30, 1902 {32 Stat. 511). 514. Post quartermaster-sergeants. — That the Secretary of War is authorized to appoint, on the recommendation of the Quartermaster- General, as many post quartermaster-sergeants, not to exceed one hundred and fifty ,^ as he may deem necessary for the interests of the service, said sergeants to be selected by examination from the most competent enlisted men of the Army who have served at least four years, and whose character and education shall fit them to take charge of 'public property and to act as clerks and assistants to post and other quartermasters. Said pest quartermaster-sergeants shall, so far as practicable, perform the duties of storekeepers and clerks, in lieu of citizen employees. The post quartermaster-sergeans shall be subject to the Rules and Articles of War and shall receive for their services the same pay and allowances as ordnance-sergeants.* Acts of July 5, 188i {23 Stat. 109), July 8, 1898 {30 Stat. 728), and Feh. 2,1901 {31 id. 7 51). For provision that post quartermaster sergeants shall hereafter be known as quartermaster sergeants of the Quartermaster Corps, see paragraph 496, ante. For provision that regimental, battalion, and squadron quartermaster ser- geants shall, in the discretion of the Secretary of War, be required to perform ^ For statutory regulations respecting details to the staff, see the title Details to the Staff, in the chapter entitled The Staff Departments. ''' The above statute replaces a similar restriction which was contained in section 2 of the act of March 3, 1875 (18 Stat. 339) ; the act of February 2, 3901, contained the same restriction. The office of storekeeper in the Quarter- master's Department, by the retirement of the last incumbent, has ceased to exist as a grade of rank on the active list. ' Twenty-five post quartermaster-sergeants added to the existing establishment by the act of July 8, 1898 (30 Stat. 728) ; forty added by section 16, act of B^bruary 2, 1901 (31 id., 751). * For corps of army service men, see chapter entitled The Military Academy. 214 MILITAKY LAWS OF THE UNITED STATES. any duties that noncommissioned oflBcers or pay clerks of the Quartermaster Corps may properly be required to perform, see paragraph 498, ante. Held, that the sergeants whose enlistment is authorized by section 4 of the act of August 24, 1912 (37 Stat. 591), are a distinct grade from those formerly known as post quartermaster sergeants and post commissary sergeants, and that no change was made by the law in the status, pay, or allowances of the latter grade, but duties formerly pertaining to post commissary and post quarter- master sergeants may now be performed by any of them under their designation of quartermaster sergeants. (Bulletin No. 1, Dig. Opins. J. A. G., Jan. 20, 1913.) 515. Duties. — It shall be the duty of the officers of the Quarter- master's Department, under the direction of the Secretary of War, to purchase and distribute to the Army all military stores and supplies, requisite for its use, which other corps are not directed by law to provide ; to furnish means of transportation for the Army, its mili- tary stores and supplies, and to provide for and pay all incidental expenses of the military service which other corps are not directed to provide for and pay. Sec. 11S3, R. S. For provision that regimental, battalion, and squadron quartermasters shall, in the discretion of the Secretary of War, be required to perform any duties that junior officers of the Quartermaster Corps may properly be required to perform, etc., see paragraph 498, ante. For provision that such duty or duties as are now required by law to be per- formed by any officer or officers of the Quartermaster's, Subsistence, or Pay Departments shall hereafter be performed by such officer or officers of the Quartermaster Corps as the Secretary of War may designate for the purpose, see paragraph 500, ante. 516. Supplies^ purchase of kind and amount to he prescribed hy Secretary of War. — The Secretary of War shall from time to time define and prescribe the kinds as well as the amount of supplies to be purchased by the Subsistence and Quartermaster Departments of the Army, and the duties and powers thereof respecting such pur- chases ; and shall prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations, be intrusted with the same ; and shall fix and make reasonable allowances for the store rent and storage necessary for the safe-keeping of all military stores and supplies.^ Sec. 219^ R. S. 517. Same — For naval and marine detachments. — The officers of the Quartermaster's Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together ^ See sec. 1134, R. S., authorizing the Secretary of War to order assistant rtermasters to do duty as assistant commissaries of subsistence. MILITARY LAWS OF THE UNITED STATES. 215 with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. Sec. 1135^ R, 8. 518. Post exchange^ use of picblic buildings and transportation for. — Hereafter no money appropriated for the support of the Army shall be expended for post gardens or exchanges; but this proviso shall not be construed to prohibit the use, by post exchanges, of pub- lic buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. Act of July 16, 1892 {27 Stat. 178). For a number of years an item has appeared annually in the Army appro- priation act for continuing the construction, equipment, and maintenance of suitable buildings at military posts and stations for the conduct of the post exchange, school, library, reading, lunch, amusement rooms, and gymnasium, including repairs to building erected at private c©st, under authority from Con- gress, to be expended in the discretion and under the direction of the Secretary of War; with a proviso limiting the annual expenditure at any one post or station to $40,000. (See act of Mar. 2, 1913, 37 Stat. 715.) 519. fleers not to he interested in purchases or sales for depart- TYhent. — No officer belonging to the Quartermaster's Department, or doing the duty of a quartermaster or assistant quartermaster, shall be concerned, directly or indirectly, in the purchase or sale of any article intended for or appertaining to said department of service, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. Sec. 1138 R. S. 520. Payment of subscriptions to newspapers, etc., in advance. — That hereafter subscriptions to newspapers, magazines, periodicals, and other publications, purchased from funds of the Quartermaster Corps, may be paid for in advance. Act of Apr. 27, 1914 {^S Stat. 362). 521. Sale of surplus ice, electric current, etc., from Government plants where no competition. — Whenever the ice machines, steam laundries, and electric plants shall not come in competition with private enterprise for sale to the public, and in the opinion of the Secretary of War it becomes necessary to the economical use and administration of such ice machines, steam laundries, and electric plants as have been or may hereafter be established in pursuance of law, surplus ice may be disposed of, laundry work may be done for other branches of the Government, and surplus electric light and power may be sold on such terms and in accordance with such regu- lations as may be prescribed by the Secretary of War: Provided, That the funds received from such sales and in payment of such laundry work shall be used to defray the cost of operation of said ice, 216 MILITARY LAWS OF THE UNITED STATES. laundry, and electric plants; and the sales and expenditures herein provided for shall be accounted for in accordance with the methods IDrescribed by law, and any sums remaining, after such cost of main- tenance and operation have been defrayed, shall be deposited in the Treasury to the credit of the appropriation from which the cost of operation of such plant is paid. Act of Mar. 2, 1913 {S7 Stat. 713), The annual appropriation act for the support of the Army has, for several years, contained a provision similar to this. On the subject of laundries, see General Orders, 68, War Department, 1910. 522. Proceeds of sales of serviceable sujyplies to remain available through fiscal year folloiuing sale. — Hereafter all moneys arising from disposition of serviceable quartermaster's supplies or stores, authorized by law and regulations, shall remain available throughout the fiscal year following that in which the disposition was effected, for the purposes of that appropriation from which such supplies were authorized to be supplied at the time of the disposition. Act of Mar, 23,1910 {36 Stat. 257). 523. Disbursing officers authorized to pay pressing obligations from total available balance where insufficient balance, provided the apportionment has been made. — Hereafter whenever pressing obliga- tions are required to be paid by a disbursing officer of the Quarter- termaster's Department and there is an insufficient balance to his official credit under the proper appropriation or appropriations for the purpose, he is authorized to make paj^nent from the total avail- able balance to his official credit, provided sufficient funds under the proper appropriation or appropriations have been apportioned by the Quartermaster-General for the expenditure. When such dis- bursements are made the accounts of the disbursing officer shall show the charging of the proper appropriations, the balances under which will be adjusted by the disbursing officer on receipt of funds or by the accounting officers of the Treasury. Act of Mar. 3, 1909 {35 Stat. 747). 524. Transportation of troops. — The transportation of troops, munitions of war, equipments, military property, and stores through- out the United States shall be under the immediate control and super- vision of the Secretary of War and such agents as he maj^ appoint.^ Sec. 220, R. S. ^The transportation of organized bodies, or detachments of troops under orders from competent authority directing travel to be performed, is regulated by the requiremcjnts of this section, as modified from time to time by the provi- sions of the annual acts of appropriation for the support of the Army. See paragraphs 732-739, A. R., 1913, for traveling expenses of civilian employees in any branch of the military service. See paragraphs 1135-1139, A. R., 1913, for transportation of baggage on change of station, retirement, etc. See paragraphs 1128-34, A. R., 1913, for parlor and sleeping car accommodations to vrhich offi- cers traveling Mith troops, noncommissioned officers, army nurses, civilian em- ployees in the military service, etc., are entitled when traveling under orders. MILITARY LAWS OF THE UNITED STATES. 217 525. Bame — Preference to he given over other traific in time of actual or threatened war. — In time of war or threatened war prefer- ence and precedence shall, upon the demand of the President of the United States, be given, over all other traffic, to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic. Sec. 2, Act of June 29, 1906 (34 Stat. 587) . 526. Same — Of baggage in excess of allowances, reimhursement for. — For transportation of the Army and its supplies, including transportation of the troops when moving either by land or water, and of their baggage, including the cost of packing and crating: Provided, That hereafter baggage in excess of regulation change of station allowances may be shipped with such allowances, and reim- bursement collected for transportation charges on such excess, * * * dollars. Act of Mar. 23, 1910 {36 Stat. 255). (See note to paragraph 678, post, for holdings of the Comptroller of the Treas- ury as to transportation of the personal baggage of an officer at Government exi^ense.) 527. Same — Officers^ private mounts — Reirribursement for cost of transportation. — That hereafter private mounts of officers in execess of the authorized mounts may be shipped on Government bill of lading with authorized mounts, and reimbursement collected for transportation charges on such excess mounts. Act of Apr. 27, 19H {38 Stat. 365). 528. Same — Use of transports, restrictions. Navy, Marine Corps^ etc. — No part of this appropriation shall be applied to the payment of the expenses of using transports in any other Government work than the transportation of the Army, its supplies and employees; and when, in the opinion of the Secretary of War, accommodations are available, transportation may be provided for the officers, en- listed men, employees, and supplies of the Navy, the Marine Corps, and for members and employees of the Philippine and Hawaiian governments, officers of the War Department, Members of Congress, other officers of the Government while traveling on official business, and without expense to the United States, for the families of those persons herein authorized to be transported, and when accommoda- tions are available, transportation may be provided for general pas- sengers to the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War. Act of Mar. 2, 1907 {3Jf Stat, 1170). 529. Same — Officers, etc. of Revenue-Cutter Service, and secre- taries and supplies of Army and Navy department of Y, M. O. A. — Hereafter when, in the opinion of the Secretar}^ of War, accommo- dations are available, transportation on vessels of the Army transport 218 MILITAKY LAWS OF THE UNITED STATES. service may be furnished the officers, employees, and enlisted men, of the Revenue-Cutter Service, and their families, without expense to the United States, and also secretaries and supplies of the Army and Navy department of the Young Men's Christian Association. Act of Mar. 3, 1911 {36 Stat. 1051). 530. t^ame — Merchandise of American production to residents^ etc.^ of island of Guam. — Hereafter when there is cargo space available without displacing military supplies, transportation may be pro- vided for merchandise of American production consigned to resi- dents and mercantile firms of the island of Guam, rates and regula- tions therefor to be prescribed by the Secretary of War. Id» 531. Same—^Over land-grant and hond-aided railroads. — For the payment of Army transportation lawfully due such land-grant rail- roads as have not received aid in Government bonds (to be adjusted in accordance with the decisions of the Supreme Court in cases de- cided under such land-grant Acts), but in no case shall more than fifty per centum of full amount of service be paid: Provided^ That such compensation shall be computed upon the basis of the tariff or lower special rates for like transportation performed for the public at large and shall be accepted as in full for all demands for such service: Provided further^ That in expending the money appropri- ated by this Act a railroad company which has not received aid in bonds of the United States, and which obtained a grant of public land to aid in the construction of its railroad on condition that such railroad should be a post route and military road, subject to the use of the United States for postal, military, naval, and other Gov- ernment services, and also subject to such regulations as Congress may impose restricting the charge for such Government transporta- tion, having claims against the United States for transportation of troops and munitions of war and military supplies and property over such aided railroads, shall be paid out of the moneys appropriated by the foregoing provision only on the basis of such rate for the transportation of such troops and munitions of war and military supplies and property as the Secretary of War shall deem just and reasonable under the foregoing provision, such rate not to exceed fifty per centum of the compensation for such Government transpor- tation as shall at that time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all de- mands for such service. Act of Mar. 2, 1913 (37 Stat. 715) . [Substantially the same provision has been incorporated in each annual appro- priation act since it was first contained in the act of Feb. 26, 1900, 31 Stat., 214.] 532. Sam^ — Property for Government surveys^ National Museum, etc. — Hereafter the Quartermaster-General and his officers, under MILITARY LAWS OF THE UNITED STATES. 219 his instructions, wherever stationed, shall receive, transport, and be responsible for all property tui-ned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of army supplies, the amount paid for such trans- portation to be refunded or paid by the bureau to which such prop- erty or stores pertain.^ Act of July 5, 1884- (23 Stat. 111). 533. Same — To use means of herein provided. — Hereafter in the performance of their official and military duties officers of the Army are authorized, under such regulations as may be established by the Secretary of War, to use means of transportation herein provided for. Act of Mar, S, 1911 {36 Stat. 1061). [This paragraph refers to the appropriation in this act for the purchase of vehicles, boats, ships, etc.] 634. Taking and use of vessels as cruisers or transports ; pay- ment. — Any steamships so registered under the provisions of this act may be taken and used by the United States as cruisers or transports upon payment to the owners of the fair actual value of the same at the time of the taking, and if there shall be a disagreement as to the fair actual value at the time of taking between the United States and the owners, then the same shall be determined by two impartial appraisers, one to be appointed by each of said parties, who, in case of disagreement, shall select a third, the award of any two of the three so chosen to be final and conclusive. Sec. ^, Act May 10^ 1892 {27 Stat. 28). [The foregoing has reference to certain steamships, built abroad, which, under the act cited, were granted American registry. The act is quite specific in de- scribing the vessels, and it is doubtful if the act has any future application. The S. S. 'NeiD York and Paris would appear to have been the only vessels coming within the terms of the law. See paragraph 1235, contracts and purchases, for act of July 5, 1884, providing that the purchase of ships and other seagoing vessels, etc., shall be made by contract, after due legal advertisement, except in cases of extreme emergency.] 535. Purchase or hire of vehicles., etc.^ for official^ military and garrison purposes. — Transportation of the Army and its supplies; * * * For the purchase, hire, operation, maintenance, and repair of such harness, wagons, carts, drays, and other vehicles as are re- quired for the transportation of troops and supplies, and for official, military, and garrison purposes. * * * For the purchase and ^When a contract provides that upon the arrival of a train the Quarter- master's Department shall examine the stores, and, if found to be in good con- dition ana delivered in proper time, shall so indorse the bill of lading, upon which payment shall be made, it will be presumed that such a certificate was made and given when it appears that the contract was fully performed. (Curtis V. U. S., 34 Ct. Cls., 5.) 220 MILITARY LAWS OF THE UNITED STATES. repair of ships, boats, and other vessels required for the transporta- tion of troops and supplies and for official, military and garrison purposes; * * * Provided^ * * * 'j^j^^^^ hereafter in the per- formance of their official and military duties officers of the Army are authorized, under such regulations as may be established by the Sec- retary of War, to use means of transportation herein provided for.^ * * * Act of Mar. S, 1911 {36 Stat. 1051). 636. Transports.) Arrny, equipTnent of with lifeboats and rafts. — The sum of three hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of equipping all Army transports with all lifeboats and rafts, including such num- ber of steel self-righting, self-bailing motor lifeboats for each vessel as the Secretary of War may deem advisable, necessary to accommo- date every person for whom transportation facilities are now pro- vided on said transports, and the crew of said transports; said sum to be expended under the direction of the Secretary of War, who is hereby directed to make to Congress an itemized statement showing how the sum aforesaid has been expended. Act of June 14, 1912 {37 Stat. 133). 637. Purchase^ of draft animals, restrictions. — Hereafter no part of this appropriation shall be expended in the purchase for the Army of draft animals until the number on hand shall be reduced to five thousand, and hereafter shall only be expended for the purchase of a number sufficient to keep the supply up to five thousand.^ Act of Sept. 22, 1888 {25 Stat. 486) . 538. Same — Limited to number actually required for the service. — The number of draft animals purchased from this appropriation, added to those now on hand, shall be limited to such numbers as are actually required for the service, and all transportation of stores by private parties for the Army shall be done by contract, after due legal advertisement, except in cases of emergency, which must be at once reported to the Secretary .of War for his approval. Acts of July 5, 1884 {^3 Stat. 109) ; Mar. 2, 1901 {31 id., 907). (See act of March 2, 1913 (37 Stat 716), whicli provides for the purchase and hire of draft and pack animals in such numbers as are actually required for the service, including reasonable provision for replacing unserviceable animals.) ' See paragraphs 1101-1115 A. R. 1913. ''By the act of June 7, 1898 (30 Stat. 433), the operation of this statute was suspended, at the discretion of the Secretary of War, during the period of the existing war; by the act of March 3, 1899 (id., 1350), its operation was further suspended, at the discretion of the Secretary of War, and subject to the further discretion of Congress, until March 1, 1900; by the act of February 24, 1900 (31 Stat. 32), the suspension was extended, under the conditions above set forth, until June 30, 1901. MILITARY LAWS OF THE UNITED STATES. 221 539. Same — Horses for cavalrij^ artillery^ ctc.^ restrictions. — For the purchase of horses for the cavalry and artillery, and for the Indian scouts and for such infantry and members of the Hospital Corps in field campaigns as may be required to be mounted, and the expenses incident thereto : * * * . Provided., That the number of horses purchased under this appropriation, added to the number on hand, shall not at any time exceed the nimiber of enlisted men and Indian scouts in the mounted service, and that no part of this appro- priation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department, and an inspection by such department, all under the direction and author- ity of the Secretary of War.^ Act of Mar. 15, 1898 {30 Stat. 323), 540. Same — To he liraited to actual needs of the service. — The number of horses purchased under this appropriation, added to the number on hand, shall be limited to the actual needs of the mounted service; and unless otherwise ordered by the Secretary of War no part of this appropriation shall be paid out for horses not purchased by contract, after competition duly invited by the Quartermaster's Department, and an inspection by such department, all under the direction and authority of the Secretary of War. Act of Mar. ^, 1901 {31 Stat. 906). (See paragraph 3235, contracts and purchases, as to purchases of horses, mules, etc., by contract, after clue legal advertisement, except in cases of extreme emergency. ) 541. Same — Oj)en market purchases at military posts, etc., at maximum ponce fixed hy Secretary of War. — The number of horses purchased under this appropriation, added to the number now on hand, shall be limited to the actual needs of the mounted service, in- cluding reasonable provisions for remounts, and, unless otherwise ordered by the Secretary of War, no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department and an inspection under the direction and authority of the Secretary of AVar. Wlien practicable, horses shall be purchased in the open market at all mili- tary posts or stations, when needed, at a maximum price to be fixed by the Secretary of War : Provided, That no part of this appropri- ation shall be used for breeding purposes; Provided further. That no part of this appropriation shall be expended for the purchase 'By the act of June 7, 1898 (30 Stat. 433), the operation of this statute was suspended, at the discretion of the Secretary of War, during the period of the existing war; by the act of March 3, 1899 (id., 1351), its operation was further suspended, at the discretion of the Secretary of War, and subject to the further discretion of Congress, until March 1, 1900; by the act of February 24, 1900 (31 Stat. 82), the suspension was extended, under the conditions above set forth, until June 30, 1901. 222 MILITARY LAWS OF THE UNITED STATES. of any horses below the standard set by Army Regulations for Cav- alry and Artillery horses, except when purchased for instruction of cadets- at the United States Military Academy: Provided further^ That hereafter from the enlisted force of the Army now provided by law the President may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such remount depot: Provided^ That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law.^ Act of Mar, 3, 1911 {36 Stat. 101^9). 642. Same — Including horses for service schools^ staff colleges^ etc. — For the purchase of horses of ages, sex, and size as may be pre- scribed by the Secretary of War, for remounts, for officers entitled to public mounts, for the Cavalry, Artillery, Signal Corps, and Engi- neers, the United States Military Academy, service schools, and staff colleges, and for the Indian scouts, and for such infantry and mem- bers of the Hospital Corps in field campaigns as may be required to be mounted, and the expenses incident thereto, and for the hire of employees : Provided^ That the number of horses purchased under this appropriation, added to the number now on hand, shall be lim- ited to the actual needs of the mounted service, including reasonable provisions for remounts, and, unless otherwise ordered by the Secre- tary of War, no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department and an inspection under the direc- tion and authority of the Secretary of War. WTien practicable, horses shall be purchased in open market at all military posts or stations, when needed, at a maximum price to be fixed by the Secre- tary of War : Provided further^ That no part of this appropriation shall be expended for the purchase of any horses below the standard set by Army Regulations for Cavalry and Artillery horses, except when purchased as remounts, or for instruction of cadets at the United States Military Academy. No part of this appropriation shall be expended for polo ponies except for West Point Military Academy, and such ponies shall not be used at any other place. Act of Aug. U, 1912 {37 Stat. 581). 543. Same — Not to take part in horse shows or horse races. — That hereafter no part of this or any other appropriation shall be ex- pended for defraying expenses of officers, enlisted man, or horses in attending or taking part in horse shows or horse races; but nothing 'The annual appropriation act, Aug. 24, 1912 (37 Stat. 581), is to the same effect. MILITARY LAWS OF THE UNITED STATES. 223 in this proviso shall be held to apply to the officers, enlisted men, and horses of any troop, battery, or company which shall, by order or permission of the Secretary of War, and within the limits of the United States, attend any horse show or any State, county, or munici- pal fair, celebration, or exhibition. Act of Apr. ^/, WI4 (38 Stat. 363). 544. Veterinarians^ CTriployment of^ for animals not connected with the cavalry and artillery. — Such number of veterinari^bns- as the Secretary of War may authorize shall be employed to attend the ainmals pertaining to the Quartermaster's or other Departments not directly connected with the cavalry and artillery regiments, at a compensation not exceeding one hundred dollars per month. Sec. 20^ Act of Feh. 2, 1901 {31 Stat. 763). 545. Barracks and quarters, construction of permanent. — Perma- nent barracks or quarters and buildings and structures of a perma- nent nature shall not be constructed unless detailed estimates shall have been previously submitted to Congress, and approved by a special appropriation for the same, except when constructed by the troops; and no such structures, the cost of whicli. shall exceed twenty thousand dollars, shall be erected unless by special authority of Congress.! Sec. 1136, R. S. ^ • 546. Limit of cost. — Hereafter no expenditures exceeding five hundred dollars shall be made upon any building or military post, or grounds about the same, without the approval of the Secretary of War for the same, upon detailed estimates by the Quartermaster's Department; and the erection, construction, and repair of all build- ings and other public structures in the Quartermaster's Department shall, as far as may be practicable, be made by contract, after due legal advertisement.^ Act of Feh. 27, 1893 {27 Stat. 484). ^The Quartermaster's Department alone is charsced with the duty and respon- sibility of erecting quarters. (Travelers v. U. S., 5 Ct. Cls., 329.) ''This paragraph continued to appear as a proviso in several acts of appropria- tion for the support of the Army prior to the act of February 27. 1893 (27 Stat. 454). See acts of March 3, 1885 (23 Stat 360) ; June 30, 1886 (24 id., 97) ; Feb- ruary 9, 1887 (id., 399) ; September 22. 1888 (25 id., 486) : March 2, 1889 (id., 830) ; June 13, 1890 (26 id., 154) ; February 24, 1891 (id., 776) ; July 16, 1892 (27 id., 180) ; February 27, 1893 (id., 484). The same act requires that the posts at which hospital stewards' quarters are to he constructed shall be designated by the Secretary of War, and that such quarters shall, whenever practicable, be built by contract. 27 Stat. 484. Where a contract provides that an officer named in the contract may, on inspection, accept or reject any part of the work done under it if not, in his opinion, " strictly in accordance with the drawings and specifications," his decision, in the absence of fraud, or such gross error as would imply bad faith, is final. (Driscoll v. U. S., 34 Ct. Cls., 508.) Such action on the part of the officer being final and conclusive, it becomes the duty of the contractor at his own expense, to " remedy any defect or unsatisfactory material or work " so rejected, by conforming the snme to the drawings and specifications. (Kihlberg V. U. S., 97 U. S., 97 ; Kimball v. U. S., 24 Ct. Cls., 122 ; Gleason v. Gosnell, 33 Ct. Cls. E., 65; Quinn v U. S., 99 U. S., 32; Sweeney v. U. S., 109 id., 618; 224 MILITARY LAWS OF THE UlsITED STATES. 547. Same. — No money appropriated for military posts shall be expended for the construction of quarters for officers of the army, or for barracks and quarters for the artillery, the total cost of which, including the heating and plumbing apparatus, wiring and fixtures shall exceed in the case of quarters of a general officer, the sum of fifteen thousand dollars, of a colonel or an officer above the rank of captain, twelve thousand dollars, and of an officer of and below the rank of captain, nine thousand dollars. Act of Mar. 4, 1909 (35 mat 1003). 548. Shelter in the PhiUj)pine Islands. — For the proper shelter and protection of officers and enlisted men of the Army of the United States lawfully on duty in the Philippine Islands, including the ac- quisition of title to building sites where necessary, to be expended in the discretion of the President, and to be immediately available, one million five hundred thousand dollars ; ^ and the President is directed to report a detailed statement of the expenditure of this sum to each session of Congress until the entire appropriation is ex- pended. Act of June 30, 1902 {32 Stats. 516) . 549. Saine — Foi' seacoast artillery, limitation on cost. — For the erection of barracks and quarters for artillery in connection with the project adopted for seacoast defense there shall not hereafter be ex- pended at any one point more than one thousand two hundred dol- lars per man for each man required for one relief to man the guns at the post up to eighty-three men, the present permanent strength of a battery, enlisted and commissioned, and for each man required beyond this number six hundred dollars per man, from any appro- priation made by Congress, unless special authority of Congress be granted for a greater expenditure.^ Act of June 6, 1900 (31 Stat. 6H). 550. Quarters for hospital steivards, Secretary of War to designate posts at which to he constructed. — Hereafter the posts at which such Martinsburg Co. v. March, 114 id., 549; Chicago R. R. Co. v. Price, 38 id., 185; Ogden V. U. S., 60 Fed. Rep., 725; Elliott v. R. R. Co., 74 id., 711.) Where extensions of time are granted to complete a contract, all prior delays or defaults are waived and can not be revived. (Gleason & Gosnell v. U. S., 33 Ct. CIS., 65; Pigeon v, U. S., 27 id., 167, 175.) Where additional work was necessary, and the officer in charge ordered it to be done, and the Government received the benefit of it, the Government is liable. (Haliday v. U. S., 33 Ct. Cls., 453.) Where performance is prevented by act of God no breach can be assigned, although no reference was made thereto in the contract. (Gleason & Gosnell v. U. S., 33 Ct. Cls., 65; McDermott v. Jones, 2 Wall., 1, 7; Satterlee, adminis- trator, V. U. S., 30 Ct. Cls., 31, 50, and cases there cited.) ^ Each subsequent appropriation for barracks and quarters, Philippine Islands, has contained the following language : " Continuing the work of providing for the proper shelter and protection of officers and enlisted men of the Army of the United States lawfully on duty in the Philippine Islands. * * * " '' This enactment replaces the requirement of the act of July 1, 1898 (30 Stat. 629), which restricted expenditures on artillery posts for seacoast defense to $60,000 for a one-battery post and $20,000 additional for each additional battery. MILITARY LAWS OF THE UNITED STATES. 225 quarters [for hospital stewards], sliall be constructed shall oe desig- nated by the Secretary of War, and such quarters shall be built by contract, after legal advertisement, whenever the same is prac- ticable. ' Act of Feb. ^7, 1893 (27 Stat. 48^). 551. Quarters in kind to officers. — At all posts and stations where there are public quarters belonging to the United States officers may be furnished with quarters in kind in such public quarters, and not elsewhere, by the Quartermaster's Department, assigning to the officers of each grade, respectively, such number of rooms as is stated in the following table, namely : Second lieutenants, two rooms ; first lieutenants, three rooms; captains, four rooms; majors, five rooms; lieutenant-colonels, six rooms; colonels, seven rooms; brigadier- generals, eight rooms; major-generals, nine rooms; lieutenant-gen- eral, ten rooms.^ Act of Mar. 2, 1907 {34 Stat. 1168). See 'para- graph 668, post. ^ For rules respecting the allowance and assignment of quarters at military posts, see paragraphs 1024-1035, 1044, 1390, and 1397, A. R., 1913. Held, that with but very few exceptions made by law the certificate of ap- proval of an officer is not intended to be conclusive upon the accounting officers, but that the latter must render a decision on the legality of the claim for payment or for crediting an account upon the facts ; that upon them is cast the responsibility for securing the facts and upon other officers the duty of furnish- ing upon request such evidence in addition to certificates as may be called for by the accounting officers; that this right to call for evidence is inseparable from the duty to audit and to decide questions of law and fact, and that it must be exercised reasonably as must any public duty, but that the accounting officer, and not an administrative officer incurring liabilities or expending public funds, must determine the extent to which it may be necessary to go in any particular case in collecting the evidence to establish what he believes to be the essential fact as a basis for decision; that the certificate that public quarters at a post are fully occupied should be accepted as prima facie evidence of the facts underlying the conclusion certified to but should not be considered as the best evidence in all cases nor as relieving the Auditor of responsibility of determining the facts and securing the evidence necessary to a decision. Held further, that the fact that an officer's application for assignment of quarters, in kind was denied did not entitle him to commutation of quarters, if in fact there were public quarters at the post or station which might have been assigned to him, but that, under existing conditions as to construction of houses, rooms in excess of the authorized allowance in a single house assigned to and occupied by an officer and his family were not rooms that must neces- sarily have been assigned to another officer, and that while such conditions existed these excess rooms were not quarters and probably ought not to have been provided with furniture or light or separate heating ; that commutation of quarters for an officer on duty at a post where there were public quarters could not be granted by an order ; that the facts determined the right and that when the only rooms unoccupied were rooms in single houses in excess of the author- ized allowance of the occupants of those houses, but not adapted for separate quarters, there were no public quarters within the meaning of the law, but that the contrary was true where there were quarters occupied by persons not en- titled to quarters; that the question whether or not there were inhabitable although undesirable public quarters and all other questions involved in the payment of commutation must be decided by the Auditor or Comptroller in each case, and that while they might prefer to accept the decision of other officers they could not shift their duty in this manner, and must accept certificates of facts and conclusions only so far as they believed the situation justified that course. (Asst. Comp. W. W. Warwick, Aug. 18, 1913.) 920G1'— 17 15 226 MILITABY LAWS OF THE UNITED STATES. 552. Same — Oflcers temporarily ohsent not to lose right to. — Hereafter officers temporarily absent on duty in the field shall not lose their right to quarters, or commutation thereof, at their per- manent station while so temporarily absent. Act of Feh, ^7, 189S {27 Stat, m)' 553. Shooting galleries and ranges. — For shelter, shooting gal- leries, ranges for small-arms target practice, repairs, and expenses incident thereto, including flour or paste for marking targets, hire of employees, such ranges and galleries to be open, as far as practicable, to the National Guard and organized rifle clubs under regulations to be prescribed by the Secretary of War. Act of Mar. 2, 1913 {37 Stat, 717). 554. Fuel and forage allowance. — Allowance of or commutation for fuel to commissioned officers is hereby prohibited; but fuel may be furnished to the officers of the Army by the Quartermaster's De- partment, for the actual use of such officers only, at the rate of three dollars per cord for standard oak wood, or at an equivalent rate for other kiiids of fuel, according to the regulations now in existence; and forage in kind may be furnished to the officers of the Army by the Quartermaster's Department, only for horses owned and actually kept by such officers in the performance of their official military duties when on duty with troops in the field or at such military posts west of the Mississippi River, as may be from time to time desig- nated by the Secretary of War, and not otherwise as follows : To the General, five horses ; To the Lieutenant-General, four horses; To a major-general, three horses; To a brigadier- general, three horses; To a colonel, two horses; To a lieutenant-colonel, two horses; To a major, two horses ; To a captain (mounted), two horses; To a lieutenant (mounted), two horses; To an adjutant, two horses; To a regimental quartermaster, two horses.^ Sec. 8^ Act of June 18,1878 {20 Stat. 150). ^This statute and the act of February 24, 1881 (21 Stat. 347), have been r^arded as repealing sections 1271 and 1272, Revised Statutes, and imposing the additional requirement that the horses shall not only be " actually kept," but also " owned " by officers in the performance of their military duties. In a decision dated January 23, 1913 (19 Comp. Dec, 460), the Comptroller held that these acts did not entirely repeal sections 1271 and 1272, Revised Statutes, but merely imposed the added condition upon officers of the Army serving in this country, which is that they shall not only keep their horses in the military service in the performance of their official military duties but that they shall actually own them as well ; and that " the issue of forage to military attaches abroad is governed by section 1272 of the Revised Statutes, under which such officers are only required to actually keep their horses in the service when on MILITARY LAWS OF THE UNITED STATES. 227 555. Fuel allowance liTnited to actual personal necessities. — Here- after, fuel may be furnished to commissioned officers on the active list by the Quartermaster's Department, for the actual use of such officers only, at the rate of three dollars per cord for standard oak wood, or at an equivalent rate for other kinds of fuel, the amount so furnished to each to be limited to the officer's actual personal neces- sities as certified to by him.^ Act of June 12, 1906 {s\ Stat. 250). 556. Heat and light allowance, limited to that actually necessary for authorised allowance of quarters. — Hereafter the heat and light actually necessary for the authorized allowance of quarters for offi- cers and enlisted men shall be furnished at the expense of the United States under such regulations as the Secretary of War may prescribe.* Act of Mar. 2, 1907 {3 If Stat. 1167), 557. Forage, no discrimination against officers serving east of Mississippi River. — There shall be no discrimination in the issue of forage against officers serving east of the Mississippi River, provided they are required by law to be mounted, and actually keep and own their animals. Act of Feb. 2^, 1881 {21 Stat. 81^7). duty, and at the place where they are on duty, to be entitled to draw the authorized allowance of forage for them." The right conferred upon officers of the Army by the Act of June 18, 1878 (20 Stat. 150), to purchase fuel for their actual use only, in the manner and at the terms prescribed by said Act, pertains to all officers of the Army, irre- spective of the nature of the duties upon which they are engaged. No part of the cost of fuel so sold is properly chargeable to the appropriation for any public work, unless provision is expressly made therein for such cost. (3 Dig. 2d Comp. Dec, par. 655.) For allowances of fuel as established by regulation, see par. 1044, A. R., 1913. For regulations as to forage ration, bedding, right of officer to purchase forage for two horses kept for his own use, etc., see paragraphs 1077-1085, A. R., 1913. For a case, in which certain officers of the Army were ordered by the Secre- tary of War to make restitution to the United States of certain sums of money representing quantities of fuel which had been consumed by them without being paid for as required by law, see Gen. Court-martial Orders No. 85, War Dept.. of 1882. 1 See par. 1044, A. R., 1913, for table showing allowance of rooms, fuel, and cooking and heating stoves for officers. Held, that upon the evidence submitted the conclusion would not at present be adopted that the fuel allowances prescribed in the regulations were largely in excess of the quantities of fuel actually necessary for heating the authorized allowance of quarters for officers, and until the Secretary of War had had time to consider and amend said regulations the accounting officers would continue to assume that the quantities of fuel therein prescribed did not exceed the quantities necessary. With reference to the payment of the value of the fuel allowance to officers on detached service in foreign countries. Held, that the amendment to the regulations authorizing such payment at the local rates of fuel at the place where the officer is serving, should be interpreted as requiring, in a case to which the regulation applies, a computation based upon the value of the equiv- alent of the wood allowance in the fuel actually used at the local price of such fuel and not upon the price of oak wood at such place where the same was not actually used for fuel. (Asst. Comp. W. W. Warwick, Sept. 23, 1913.) '' For regulations as to lighting quarters and barracks, etc., at military posts, see paragraphs 1050-61, A. R., 1913, 228 MILITARY LAWS OF THE UNITED STATES. 558. Horses owned hy officers^ordered to duty heyond seas, etc., to he purchased hy the Government. — Hereafter when a mounted officer is ordered to duty beyond the seas or to make a change of station in the United States in which the cost of transportation for his au- thorized number of owned horses exceeds the sum at the time allowed for that purpose in the Army Regulations, the Secretary of War is authorized, under such regulations in respect to inspection and valua- tion as he may prescribe, in his discretion to permit the purchase of said horses by the Quartermaster's Department, at a price not ex- ceeding the average contract price paid for horses during the pre- ceding fiscal year, the exact price to be fixed by a board of officers. Act of Mar. 23, 1910 {36 Stat. 26Jf), (This provision amends the act of March 2, 1903, 32 Stat. 937.) 559. Same — Not to he deprived of forage., hedding, shoeing, or shelter, etc. — Nothing in the Act making appropriations for the legis- lative, executive, and judicial expenses of the Government for the fiscal year nineteen hundred and seven, or any other Act, shall here- after be held or construed so as to deprive officers of the Army, wherever on duty in the military service of the United States, of forage, bedding, shoeing, or shelter for their authorized number of horses, or of any means of transportation or maintenance therefor for which provision is made by the terms of this Act. Act of Mar. ^, 1907 {34 Stat. 1166). 560. Same — Not to he deprived of when officer is separated from through nature of his military service. — Hereafter, when an officer is separated from his authorized number of owned horses through the nature of the military service upon which employed, they shall not be deprived of forage, bedding, shelter, shoeing, or medicines therefor, because of such separation. Act of Mar. 23, 1910 {36 Stat, ^52), 561. Same — Transportation may he furnished for from point of j)urchase to point of officer^s station. — Hereafter transportation may be furnished for the owned horses of an officer, not exceeding the number authorized by law, from point of purchase to his station, when he would have been entitled to and did not have his authorized number of owned horses shipped upon his last change of station, and when the cost of shipment does not exceed that from his old to his new station. Act of Mar. 23, 1910 {36 Stat. 255). 562. Extra-duty pay, rates. — When soldiers are detailed for em- ployment as artificers or laborers in the construction of permanent military works, public roads, or other constant labor of not less than ten days' duration, they shall receive, in addition to their regular pay, the following compensation: [Fifty cents per day for me- chanics, artisans, school-teachers and clei'ks at Army, division, and MILITARY LAWS OF THE UNITED STATES. 229 department headquarters, and thirty-five cents per day for other clerks, teamsters, laborers, and others.] This allowance of extra pay- shall not apply to the troops of the Ordnance Department.^ Sec. 1287^ R. S., as amended hy acts of July 5, 1881^ {23 Stat. 110), and Mar 3, 1885 {id., 369). 663. Same. — Extra-duty pay hereafter shall be at the rate of fifty cents per day for mechanics, artisans, school-teachers, and clerks at Army, division, and department headquarters, and thirty-five cents per day for other clerks, teamsters, laborers, and others.^ Acts of July 5, 188Ji, {23 Stat. 110); Mar. 3, 1885 {id., 359). 564. Saine — Extra 'pay not to he paid to soldier receiving. — Extra pay * * * s]^all not be paid to any enlisted man who receives extra-duty pay under existing laws or army regulations. Act of Mar: 2, 1907 {3Jk Stat. 1066) . 565. Extra-duty, details to he in writing. — Working parties of soldiers shall be detailed for employment as artificers or laborers, in the construction of permanent military works or public roads, or in other constant labor only upon the written order of a commanding officer, when such detail is for ten or more days. Sec. 1235, R. S. 566. Same — Details in field only with consent of commanding officer: — Details to special service from forces in the field shall be made only with the consent of the commanding officer of the forces. Sec. 1236, R. S. 567. Repealed. Prohibition against extra-duty pay in time of war repealed by Act of May 11, 1908 (35 Stat. 110), amending and re- enacting Section 6, Act of April 26, 1898. See opinion of this office of May 16, 1914, 72-200; 52-140. 568. Same— Not entitled to while receiving the 20 per centum increase. — Enlisted men receiving or entitled to the twenty per cen- tum increased pay herein authorized shall not be entitled to or re- '^This section does not include company clerks. (47 Ct. Cls., 286.) For regu- lations governing working parties and extra-duty pay see pars. 168-177, A. R., 1913. ^ Enlisted men of the several staff departments are not entitled to extra-duty pay for services rendered in the department to which they belong. To entitle them to such compensation they must be detailed by competent orders and must have performed duty in another department than that in which they are en- listed. Under existing orders enlisted men of the Ordnance Department are entitled to extra-duty pay when performing duty in the Quartermaster's De- partment. (Circular II, A. G. O., 1886; I, id., 1887, and par. 172, A. R., 1913.) Clerical services at Ai'my, division, and department headquarters have, since the act of Juy 29, 1886 (24 Stat. 167), been performed by a corps of general- service clerks and messengers. By the act of August 6, 1894, this force ceased to exist as a part of the enlisted strength of the Army. The act of March 15, 1898 (30 Stat. 323), and prior acts of appropriation fix the sum that may be expended for the pay of extra-duty men at $200,000 per annum ; they also contain the requirement that " no payment of extra-duty pay shall be made at any greater rate per day than is fixed by law for the clasa of persons employed and the work done therein." 230 MILITAKY LAWS OF THE UNITED STATES. ceive any additional increased compensation for what is known as extra or special duty. Act of May 26, 1900 {31 Stat. 211). 569. Civilian employees, restriction on eTYiployment. — The number of and total sum paid for civilian employees in the Quartermaster's Department, including those paid from the funds appropriated for regular supplies, incidental expenses, barracks and quarters, army transportation, clothing, camp and garrison equipage, shall be limited to the actual requirements of the service, and no employee paid therefrom shall receive a salary of more than cne hundred and fifty dollars per month, except upon the approval of the Secretary of War.^ Act of Mar, 2, 1901 {31 Stat, 906) , 570. Same. — That the number of and total sum paid for civilian employees in the Quartermaster Corps, shall be limited to the actual requirements of the service, and that no employee therein shall re- ceive a salary of more than $150 per month, except upon the approval of the Secretary of War. Act of Mar, 2, 1913 {37 Stat. 7U). 571. Clothing, President to prescribe uniform. — The President may prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States.2 ^^^, 2^g^^ ^. s, 572. Same — Gratuitous issue of. — The Secretary of War may, on the recommendation of the Surgeon-General, order gratuitous issues of clothing to soldiers who have had contagious diseases, and to hos- pital attendants who have nursed them, to replace any articles of ^The act of March 3, 1885 (23 Stat. 359), restricted the number of civilian emploj-ees in this Department to 1,000; the act of February 12, 1895 (28 id., 661), restricted -the payments for the services of civilian employees to $1.0(X),- 000, and provided that no employee should receive as salary more than $150 per month without the specific authority of law. (See p. 18, Bulletin 7, W. D., 1913, for act of Mar. 2, 1913.) The amount to be expended for the payment of civilian employees was fixed at $1,600,000 by the act of March 3, 1883 (22 Stat. 459) ; at $1,500,000 by the acts of July 5, 1884 (23 Stat. Ill), March 3, 1885 (23 Stat. 360), and June 30, 1886 (24 Stat. 98) ; at $1,300,000 by the acts of February 9, 1887 (24 Stat. 399), September 22, 1888 (25 Stat. 486), March 2, 1889 (25 Stat. 830), June 13, 1890 (26 Stat. 154). and February 24, 1891 (26 Stat. 776) ; at $1,200,000 by the acts of July 16, 1892 (27 Stat. 180), and February 27, 1893 (27 Stat. 484) ; at $1,100,000 by the act of August 6, 1894 (28 Stat. 240), and at $1,000,000 by the acts of February 12, 1895 (28 Stat. 661), March 16, 1896 (29 Stat. 66), March 2, 1897 (id., 614), and March 15, 1898 (30 id., 323) ; by the acts of June 7, 1898 (30 id., 433), March 3, 1899 (id., 1350), and February 24, 1900 (31 id., 32), the restrictions imposed in the statutes above referred to were suspended, in the discretion of the Secretary of War or subject to the further order of Congress, until June 30, 1901. For provision replacing civilian employees of the Quartermaster Corps with master electricians, first-class sergeants, sergeants, corporals, first-class privates, and privates, see paragraph 505, ante. '' Under authority conferred by this section the President directed that cam- paign badges with ribbons be issued as articles of uniform to officers and en- listed men in the service. (See G. O. No. 4, War Dept., 1905, as amended by G. O. 129, War Dept., 1908. See, also. Circular No. 82, War Dept., 1908, and G. O. Nos. 96 and 97, War Dept., 1909. For decision of Judge-Advocate-General relative to campaign badges forming a portion of the prescribed uniform, etc., see Dig. Op. J. A. G., 1912, p. 668. MILITARY LAWS OF THE UNITED STATES. 231 their clothing destroyed by order of the proper medical officers to prevent contagion.^ Sec. 1298^ R. S. 573. Same — Quarterly returns of. — Every officer who receives clothing or camp equipage for the use of his command, or for issue to the troops, shall render to the Quartermaster-General, at the expiration of each regular quarter of the year, quarterly returns of such supplies, according to the forms which may be prescribed, accompanied by the requisite vouchers for any issues which shall have been made.^ Sec. 1221^ R. S., as amended hy Act of Mar. 29, 1894 {28 Stat. 47). 574. Same — Allowance of. — The money value of all clothing over- drawn by the soldier beyond his allowance shall be charged against him, every six months, on the muster roll of his company, or on his final statements if sooner discharged, and he shall receive pay for such articles of clothing as have not been issued to him in any year, or which may be due to him at the time of his discharge, according to the annual estimated value thereof. The amount due him for clothing, when he draws less than his allowance, shall not be paid to him until his final discharge from the service.^ Sec. 1302^ R. S. 575. Same — Balance payable at discharge. — The amounts of de- posits and clothing balances accumulating to the soldier's credit under sections thirteen hundred and two and thirteen hundred and ^ See act of June 30, 1902 (32 Stat. 517), and subsequent Army appropriation acts providing for indemnity to officers and men of tlie Army for clothing and bedding, and so forth, destroyed since April 22, 1898, by order of medical officers of the Army for sanitary reasons. For regulations governing gratuitous issues of clothing see paragraphs 1172, 1173, and 1455, A. R., 1913. The act of April 27, 1914 (Pub. No. 91, 38 Stat. — ), and prior Army appro- priation acts for a number of years, provide " for a suit of citizen's outer clothing, to cost not exceeding $10, to be issued upon release from confinement under a court-martial sentence involving dishonorable discharge." Where the clothing of certain enlisted men of volunteers was destroyed near Santiago, Cuba, in 1898, by order of the proper military authority, on account of having been exposed to contagion, and replaced by new clothing which was charged to the enlisted men receiving it on their clothing accounts, it was decided by the Comptroller of the Treasury, November 28, 1900, that the issue was proper under the circumstances of the case, and that the charges therefor in the clothing accounts were erroneous and should be canceled. (Circular No. 51, A. G. O., 1900.) '^ For regulations providing that tables showing the price of clothing and equipage for the Army, the allowance of clothing in kind to each soldier for each year of his enlistment, and his clothing money allowance for each year, month, and day, also the allowance of equipage to officers and enlisted men, will be published in circulars from the office of the Chief of the Quartermaster Corps; and as to estimates for and issues of clothing, etc., see paragraphs 1146-1173. A. R., 1913. '^ For regulations respecting clothing accounts, see paragraphs 1157-1166 and 1169, Army Regulations, 1913. The Quartermaster Corps is authorized to pay from the appropriation for clothing and equipage a sum not exceeding $1.50 for the laundry work of each recruit who has no funds of his own at recruiting stations, recruit depots, and recruit posts. The expenditure will be charged on the clothing account of the recruit and so noted on his descriptive and assignment card. (Par. 1169, A. R., 1913.) 232 MILITARY LAWS OF THE U:N'ITED STATES. five shall, when payable to him upon his discharge, be paid out of the appropriations for " pay of the Army " for the then current fiscal year. Sergeants of ordnance shall receive the same allowance of clothing as other sergeants in like staff departments. Sec. 1308^ R. S.<, as amended hy Act of July 16, 1892 {27 Stat. 178), 676. Same — To he paid out of appropriation for pay of Army for the then current fiscal year. — Clothing balances accumulating to the soldier's credit under section thirteen hundred and two shall, when payable to him upon his discharge, be paid out of the appropriation for pa}^ of the Army for the then current fiscal year. Act of June 12^ 1906 (sjf Stat., 2Jf6). (This para graph amends section 1308 of the Revised Statutes.) 577. Same^ Altering. — It shall be lawful for the commanding officer of each regiment, whenever it may be necessary, to cause the coats, vests, and overalls or breeches which may from time to time be issued to and for his regiment to be altered and new made, so as to better to fit them to the persons respectively for whose use they shall be delivered; and for defraying the expense of such alterations, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty-five cents for each coat, eight cents for each vest and for each pair of overalls or breeches. Sec. 1220, F.S. 578. Same — Lirrdt of cost. — Hereafter the regimental price fixed for altering and fitting soldiers' clothing shall not exceed the cost of making the same at the clothing depot.^ Act of Mar. 2, 1889 {25 Stat. 831). 579. {None.) SUBSISTENCE DEPARTMENT. 580. Organization. — The Subsistence Department shall consist of one Commissary-General of Subsistence with rank of brigadier- general, three assistant commissaries-general with the rank of colonel, four deputy commissaries-general with the rank of lieutenant-colonel, nine commissaries with the rank of major, twenty-seven commis- saries with the rank of captain,, mounted, the number of commissary- sergeants now authorized by law, who shall hereafter be known as post commissary-sergeants.2 Sec, lllfi, R. S., as amended hy sec, 17, act of Feh. 2, 1901 (31 Stat, 752), ^ See paragraph 1262, public property, for provisions relative to the sale, barter, exchange, pledge, loan or gift of clothing. See under chapter on Articles of War, the seventeenth Article of War, as to punishment of soldier who sells or through neglect loses or spoils his clothing, etc. ' For consolidation of the Quartermaster's Subsistence, and Pay Department, see paragraph 499, ante. For provision that when the first vacancy in the grade of brigadier general in the Quartermaster Corps, except a vacancy caused by the expiration of a limited term of appointment, shall hereafter occur that vacancy shall not be MILITARY LAWS OF THE UNITED STATES. 233 581. Same — PromotiGns^ details. — So long as there remain any oiEcers holding permanent appointments in the * * * Subsist- ence Department * * * including those appointed to original vacancies in the grades of captain and first lieutenant under the pro- visions of sections sixteen, seventeen, twenty-one, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such pro- motions or to the periods for which the officers so promoted shall hold their appointments.^ Sec. ^^, id.^ 755. 582. Same — Details. — When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps.^ Id. filled, but the office in wliich the vacancy occurs shall immediately cease and determine. (See paragraph 502, ante, sec. 3, act of Aug. 24, 1912 (37 Stat. 591).) For provision as to the number of officers in the grades of colonel, lieutenant colonel, major, and captain in the Quartermaster Corps, see paragraph 497, ante. Section 17 of the act of February 2, 1^01 (31 Stat. 752), contained the re- quireuent that " all vacancies in the grades of colonel, lieutenant-colonel, and major, created or caused by this act, shall be tilled by promotion, according to seniority, as now prescribed by law ; " the same enactment also contained the proviso that " to fill vacancies in the grade of captain created by this act, the President is authorized to appoint officers of volunteers commissioned in the Subsistence Department since April 21, 1898." Section 2 of the act of July 7, 1898 (30 Stat. 715), authorized the Subsistence Departme-iiit of the volunteer service to be increased " during the present war, and not to exceed one year thereafter, eight majors and twelve captains for the discharge of such subsistence duties as may be assigned to them by the Secretary of War, to be nominated and, by and with the advice and consent of the Senate, to be appointed by the President." The same statute contained the requirement that " during the existence of the present war, and for not exceeding one year thereafter, every commissary of subsistence, of whatever rank, who shall be assigned to the duty of purchas- ing and shipping subsistence supplies at important depots, shall have the rank next above that held by him and not above colonel, but the number so assigned shall only be such as may be found necessary, not exceeding twelve; also that the two commissaries of subsistence who may be detailed as assistants to the Commissary-General of Subsistence, shall have the rank of colonel: Provided, That when any such officer is relieved from said duty, his temporary rank, pay, and emoluments shall cease, and he shall return to his lineal rank In the Department," These statutes were repealed by section 11. act of March 2, 1899 (30 Stat 979). For the volunteer subsistence staff, see the act of March 2, 1899 (30 id., 979). See, also, the Act of Apr. 25, 1914 (Pub. No. 90, 38 Stat. — ), to provide for raising the volunteer forces of the United States in time of actual or threatened war. ^ For provision governing filling of vacancies in the Quartermaster Corps, and providing that when the vacancy occurs in a grade not above that of colonel it shall be filled, if possible, by the promotion of an officer who would have been entitled to promotion to that particular vacancy if the consolidation of the departments had not occurred, see paragraph 495, ante. ^ Section 17 of the act of February 2, 1901, contained a provision excepting vacancies caused by that enactment from the operation of this section. Such vacancies are filled by the President under his constitutional power to appoint, as modified by the acts of August 6, 1894 (28 Stat 234), February 2, 3901 (sec. 17), and the act of March 3, 1901, 284 MILITARY LAWS OF THE U:N'irED STATES. 583. ^ame — Details^ grade. — Such details shall be made from the grade in which the vacancies exist, under such system of examina- tion as the President ma}^ from time to time, prescribe.^ Id, POST COMMISSARY-SERGEANTS.^ 584. Same — Po8t commissary -sergeants. — The Secretary of War is authorized to select from the sergeants of the line of the Army who shall have faithfully served therein five years, three years of which in the grade of noncommissioned officers, as many commissary- sergeants as the service may require, not to exceed one for each mili- tary post or place of deposit of subsistence supplies, whose duty it shall be to receive and preserve the subsistence supplies at the posts, under the direction of the proper officers of the Subsistence Depart- ment, and under such resrulations as shall be prescribed by the Secre- tary of War. The commissary-sergeants hereby authorized shall be subject to the rules and articles of war, and shall receive for their services the same pay and allowances as ordnance- sergeants.^ Sec. lU^, R. 8. ^ For regulations respecting details to tbe staff see the articles so entitled in the chapter relating to the staff departments. Civil employees. — The employment of civilians in the Subsistence Department is regulated by the annual acts of appropriation. The amount to be expended for such services was fixed at $105,000 in the acts of March 3, 1883, July 5, 1 884, March 3, 1885, and June 30, 1886 ; at $110,000 by the acts of February 9, 1887, September 22, 1888, March 2, 1889, June 13, 1890, February 24, 1891, July 16, 1892, and February 27, 1893, and at $100,000 by the acts of August 6, 1894, February 12, 1895, and March 16, 1896. For provision replacing civilian employees of the Quartermaster Corps with master electricians, first-class sergeants, sergeants, corporals, first-class pri- vates, and privates of the Quartermaster Corps, see paragraph 505, ante. " For provision that post commissary sergeants shall herenfter be known as quartermaster sergeants of the Quartermaster Corps, see paragraph 496, ante. ^ For regimental commissary-sergeants of cavalry, see section 2, act of Febru- ary 2, 1901 (31 Stat. 748) ; for regimental commissary-sergeants of infantry, see section 10 of the same enactment. The act of June 30, 1882 (22 Stat. 123), authorizes the detail of one commissary-sergeant to act as assistant to the com- missary of cadets at the Military Academy. By General Orders No. 17, A. G. O., of February 16, 1900, the number of post commissary-sergeants was fixed at 165; by General Orders No. 59, A. G. O., of May 3, 1900, the number was increased to 200. General Orders No. 1, A. G. O.. of 1900, contains the requirement that " at military posts and stations and in the field the regimental commissaries and regimental commissary-sergeants of cavalry and infantry regiments will perform the necessary work of their respective offices in the sub- sistence department at the stations of the headquarters of their regiments, and no commissary-sergeants of the general staff will be assigned to posts at which there is a regimental headquarters, except under unusual conditions." Section 1142, Revised Statutes, provides for the selection of commissary ser- geants from among the sergeants of the line who have served faithfully therein for five years, three of which shall have been in the grade of noncommissioned officer. The act of July 5. 1884 (23 Stat. 109), provides for the appointment of post quartermaster sergeants upon the recommendation of the Quartermaster General, the same to be selected by examination from among the most com- petent enlisted men of the Army having at least four years' service, and whose character and education shall be such as to fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Commissary sergeants were afterwards by law designated as post commissary MILITARY LAWS OF THE UNITED STATES. 235 585. Same — Increase in number of. — Two hundred post commis- sary-sergeants, at four hundred and eight dollars each, eighty-one thousand six hundred dollars. Act of Apr. 2S^ 1904 {S3 Stat. 261). 586. Duties to wxihe purchases and issues} — It shall be the duty of the officers of the Subsistence Department, under the direction of the Secretary of War, to purchase and issue to the Army such sup- plies as enter into the composition of the ration. Sec, llJf-l^ B. S, SUBSISTENCE STORES. 587. Same — Sales to officers and enlisted men. — The officers of the Subsistence Department shall procure and keep for sale to officers and enlisted men at cost prices, for cash or on credit, such articles as may from time to time be designated by the inspectors-general of the Army. An account of all sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Pay- master-General.^ Sec. llJfli.^ R. S. 5S8. Same — Sale to officers and enlisted men of Navy and Marine Corps. — That the officers and the enlisted men of the Navy and the Marine Corps shall be permitted to purchase subsistence supplies at the same price as is charged the officers and the enlisted men of the sergeants and included in the Subsistence Department, and post quartermaster sergeants were by law incorporated into the Quartermaster's Department. Sec- tion 3 of the Army appropriation act of August 24, 1912 (37 Stat. 591), con- solidates the Quartermasta''s, Subsistence, and Pay Departments of the Army into a single corps, to be known as the Quartermaster Corps, and changes the designations of post commissary sergeants and post quartermaster sergeants to quartermaster sergeants. It provides also that the duties now required by law to be performed by officers of said several departments shall hereafter be performed by such officers of the Quartermaster Corps as the Secretary of War may designate for that purpose. Held, that the consolidation of said depart- ments into a single corps and the changing of the designation of said sergeants to that of quartermaster sergeant did not repeal the requirements regarding the appointment of said sergeants, respectively, and that in filling the position of quartermaster sergeant in the consolidated corps the requirements of both of said statutes with respect to the qualifications and methods of selection should be observed, adopting the higher qualifications and observing the more restricted field of selection when the two statutes contain different provisions upon the subject. (Bulletin No. 1, Dig. Opins., J. A. G., Jan. 20, 1913.) ^ For provision that such duty or duties as are now required by law to be performed by any oflicer or officers of the Quartermaster's. Subsistence, or Pay Departments shall hereafter be performed by such officer or officers of the Quartermaster Corps as the Secretary of War may designate for the purpose, see paragraph 500, ante. For provision that regimental, battalion, and squadron commissary sergeants shall, in the discretion of the Secretary of War. be required to perform any duties that noncommissioned officei^ or pay clerks of the Quartermaster Corps may properly be required to perform, see paragraph 496, ante. For definition of subsistence stores in bulk, and regulations governing authorized issues and sales of same, see paragraphs 1194-1201, A. R., 1913. For general provisions respecting the procurement of supplies, see the chapter entitled contracts and purchases. ^For provisions that the purchase of all supplies, except in cases of emer- gency or where it is impracticable to secure competition, shall only be made after advertisement, etc., see chapter on contracts and purchases, paragraph — , post- 236 MILITAKY LAWS OF THE UNITED STATES* Army; and the officers and the enlisted men of the Army shall be permitted to purchase subsistence supplies from the Navy and Marine Corps at the same price as is charged the officers and the enlisted men of the Navy and Marine Corps. Act of Apr. 27, 1911^ {38 SfaL361). 589. Same — Sales of exceptional articles. — Hereafter exceptional articles of subsistence stores for officers and enlisted men, which are to be paid for by them, regardless of condition upon arrival at posts, may, under regulations to be prescribed by the Secretary of War, be obtained by open purchase without advertising. Act of Feh. 12, 1895 {28 Stat. 658). 590. Same — Issues to seamen and marines. — The officers of the Subsistence Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with the land troops, and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and marines of the same. Sec. llJtS, R. S. 591. Same — Purchasing officers not to trade in articles of sub- sistence. — No officer belonging to the Subsistence Department, or doing the duty of a subsistence officer, shall be concerned, directly or indirectly, in the purchase or sale of any article entering into the com- position of the ration allowed to troops in the service of tire United States, or of any article designated by the inspectors-general of the Army, and furnished for sale to officers and enlisted men at cost prices, or of tobacco furnished for sale to enlisted men, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. Sec. 1150, R. S. DUTIES. 592. Same — May keep, at their own rish, in their personal posses- sion, restricted amounts for disbursement. — Hereafter officers in- trusted with the disbursement of funds for the subsistence of the Army are hereby authorized to keep, at their own risk, in their personal possession for disbursement, such restricted amounts of subsistence funds for facilitating payments of small amounts to public creditors as shall from time to time be authorized by the Sec- retary of War. Act of Mar. 2, 1907 {3Jf Stat. 1166). 593. Ration — President to prescribe components. — The President is hereby authorized to prescribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components when- MILITARY LAWS OF THE UNITED STATES. 237 ever, in his opinion, economy and due regard to the health and com- fort of the troops may so require.^ Sec. J^O^ Act of Feb. 2, 1901 {31 Stat. 768). 594. Same — Sfecial^ for soldiers recovering from ill healthy etc. — For difference between the cost of the ration at twenty-five cents and the cost of rations differing in whole or in part from the ordinary ration, to be issued to enlisted men in camp in the United States during periods of recovery from low conditions of health conse- quent upon service in unhealthy regions or in debilitating climates (to be expended only under special authority of the Secretary of War) ; and for ice to organizations of enlisted men stationed at such places as the Secretary of War may determine; in all, seven million dollars, to be expended under the direction of the Secretary of War, and accounted for as " Subsistence of the Army," and for that pur- pose to constitute one fund.^ Act of Apr. 2S, 1904 {33 Stat. 268), 595. Same — Emergency^ ichen issued^ to he in addition to regu- lar. — Hereafter the emergency ration prescribed for use on emergent occasions shall, when issued,* be furnished in addition to the regular ration under such regulations as may be prescribed by the Secretary of War. Act of Mar. 2, 1907 {34 Stat. 1165). 596. Same — Enlisted men to receive per day. — Enlisted men shall be entitled to receive one ration daily.^ Sec. 1293., R. S. 597. Same — No enlisted man to receive more than one per day. — Hereafter no enlisted man shall be entitled to more than one ration daily.* Act of July 16, 1892 {27 Stat. 178), 598. Same — Hospital matrons., members of female nurse corps., and nurses employed in post and regimental hospitals^ one. — Hospital ^ This enactment replaces the requirement of section 1146, Revised Statutes, which authorized the President to " mali:e such alterations in the component parts of the ration as a due regard to the health and comfort of the Army and economy may require." See paragi*aph 1205, Army Regulations, 1913, for the kinds and quantities of articles composing the Army ration and the substitutive equivalent articles which may be issued in place of such components. The tables show the garri- son ration, the field ration, and the travel ration. ^ On the subject of rations, see General Orders 57, War Department, 1910. ^Issues to civilians. — For regulations relative to issue of rations to civilian employees, see section 5, paragraph 733, and paragraphs 1211 and 1213, A. R., 1913. Private persons not connected with the Army are not entitled to be subsisted at the expense of the United States, either while in quarantine hospitals or otherwise. (5 Comp. Dec, 191.) A civilian employee of the Army engaged to accompany a scientific expedition at a salary of $125 per month is not entitled to subsistence, but, like a commis- sioned ofl[icer, must subsist himself. (Herendeen v. U. S., 28 Ct. Cls., 348.) * Under General Orders No. 73, A. G. O., of 1879, an olftcer of the Army to whom a sum of money has been advanced for supplying enlisted men with liquid coffee for the estimated number of days' travel at the rate of 21 cents per day each while traveling, is authorized to turn over to the company com- manders for the benefit of the company funds any balance of such sum remain- ing unexpended at the end of the travel. (G Comp. Dec, 369.) 238 MILITARY LAWS OF THE UNITED STATES. matrons and the nurses employed in post or regimental hospitals [and members of the female nurse corps] shall be entitled to receive one ration daily. Sec, 1295^ R. S., as amended hy sec. 19^ Act of Feb, 2,1901 {31 Sta;t.753). 599. Same — President nriay authorize issuance of to Indians at military posts, — The President is authorized to cause such rations as he deems proper, and as can be spared from the army provisions without injury to the service, to be issued under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations, and a special account of these issues shall be kept and rendered.! ^^^^ ^110, R. S. 600. Same — Of sugar and coffee, when issued in kind, to be issued weekly. — The ration of sugar and coffee where issued in kind, shall, when the convenience of the service permits, be issued weekly. Sec, 1U8, R, S. 601. Same — May he commuted to extract of coffee. — The Secre- tary of War may commute the ration of coffee and sugar for the ex- tract of coffee combined with milk and sugar, if he shall believe such commutation to be conducive to the health and comfort of the Army, and not to be more exjDensive to the Government than the present ration; provided the same shall be acceptable to the men. Sec. 1147, R.S, 602. Same — Commutation of, — For each ration of sugar and coffee not issued, nor commuted for the extract of coffee combined with milk and sugar, enlisted men shall be paid in money.^ Sec. 1291^, R. S. 603. Same — To he made at cost, — Hereafter all sales of subsistence ^ supplies to officers and enlisted men shall be made at cost price only ; * Former editions of the Army Regulations provided that small quantities of food (articles of the ration) may, on the order of the commanding officer, be issued to Indians visiting a military post, but the present regulations provide that supplies, stores, and property of any kind procured out of Army appro- priations will not be transferred, in any way or under any circumstances, for the use of Indians except under authority first obtained from the Secretary of War. " Commutation in the military or naval service is money paid in substitution of something to which an officer, soldier, or sailor is entitled. Commutation, being regulated by statutes and regulations, can not be allowed by inferior authority. The principle which governs the commutation of rations in lieu of subsistence is that commutation will not be allowed where subsistence in kind Is provided by the Government. (Jaekle v. U. S., 28 Ct. Cls., 133.) For regulations governing the commutation of rations, see pars. 1223-1238, A. R., 1913. A claim for commutation of rations on furlough can not be allowed without the production of the furlough issued, or other satisfactory evidence that pay- ment has not been made. The burden of proof rests upon the claimant to estab- lish the validity of his claim by something more than his unsupported state- ments. (1 Comp. Dec, 513.) A soldier who has been granted a furlough to expire upon the arrival of his regiment in the United States, is entitled to commutation of rations until he receives notice of its arrival and for a time thereafer sufficient to enable him to Join it. (5 Comp. Dec, 941.) MILITABY LAWS OF THE UNITED STATES. 239 and the cost price of each article shall be understood, in all cases of such sales, to be the invoice price of the last lot of that article received by the officer making the sale prior to the first day of the month in which the sale is made.^ Act of July 5^188 J^ {23 Stat. 108), 604. Same — To another hureau or department. — Hereafter when under the Army Regulations subsistence supplies are furnished to another bureau of the War Department, or to another executive department of the Government or employees thereof, payment there- for shall be made in cash by the proper disbursing officer of the bureau, office, or department concerned, or by the employee to whom the sale is made. When the transaction is between two bureaus of the War Department the price to be charged shall be the contract or invoice price of the supplies. When the transaction is between the Subsistence Department and another executive department of the Government or employees thereof, the price to be charged shall include the contract or invoice price and ten per centum additional to cover wastage in transit, and the cost of transportation.^ Act of Mar. -5, 1911 {36 Stat. 10^7). 605. Same — Of rations to officers in field. — Commissioned officers of tiie Army, serving in the field, may purchase rations for their own use, from any commissary of subsistence, on credit, at cost prices; and the amounts due for such purchases shall be reported monthly to the Paymaster-General.^ Sec. llJfS^ R. S. ^ Under the act of March 3, 1875 (18 Stat. 4lO), the proceeds of all sales of subsistence supplies are exempt from being covered into the Treasury, and are immediately avail- able for the purchase of fresh supplies. (3 Dig. 2d Comp. Dec. par. 1259.) Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies, being exempt from being covered into the Treasury, revert to the appro- priation " Subsistence of the Army," out of which they were ori^tnally expended, and are applicable to the purpose for which they are appropriated by law, namely, the purchase of fresh supplies only during the fiscal year for which the appropriation to which they revert is available, for which purpose they are immediately available without the intervention of a repay warrant. (Id.) The subsistence supplies contemplated by the provision of the act of March 3, 1875 (18 Stat. 410), declaring the pr(x;eeds of all sales of such supplies immediately avail- able for the purchase of fresh supplies, comprise not only the supplies denominated "subsistence stores," but also the necessary means for handling, preserving, issuing, selling, and accounting for these supplies, as tools, scales, measures, utensils, station- ery, Siiies, office furniture, etc. (Id. 1336.) 2 There is no general statute governing the transfer or sale of Government property from one department to another. However, see pars. 619 and 671, A. R., 1913, cov- ering the transfer of War Department property, and par. 907, Dig. Ops. J. A. G., 1912, and 17 Ops., Atty. Gen. 480, to the effect that " the transfer of public property from one bureau or department to another is not regarded as a saleV 2 The acts of June 23, 1879, and May 4, 1880, contained the requirement that 10 per cent of the cost price should be added to the cost of all stores (except tobacco) sold to officers and enlisted men, to cover wastage, transportation, and other inci- dental charges (21 Stat. 32, 111), This provision was repealed by the act of July 5, 1884, above cited. To a civilian employed with the Army at a remote place, where food can not otherwise be procured, stores will be sold for cash, in limited quantities, for his own use, at invoice or contract prices. (Par. 1245, A. R., 1913.) The amounts due for such sales to be deducted from the next payment to the officer or enlisted man. (See pars. 692 and 725, post.) For statutory regulation of the purchase of exceptional articles of subsistence see the act of February 12, 1895 (28 Stat. 658). (Par. 589, ante.) 240 MILITARY LAWS OP THE UNITED STATES. 606. Same — Of tobacco to enlisted inen. — Tobacco shall be fur- nished to the enlisted men by the commissaries of subsistences, at cost prices, exclusive of the cost of transportation, in such quantities as they may require, not exceeding sixteen ounces per month. Sec, 1U9, R. S. 60T. Same— To he imonediately availahle, — So much of the appro- priation for subsistence of the Army as may be necessary may be applied to the purchase of subsistence stores for sale to officers for the use of themselves and their families, and to commanders of com- panies or other organizations, for the use of the enlisted men of their companies or organizations and the proceeds of all sales of subsistence supplies shall hereafter be exempt from being covered into the Treasury and shall be immediately available for the pur- chase of fresh supplies.^ Act of Mar. 3, 1875 {18 Stat. UO). 608. SawjC — StateTYient of proceeds not to he reported to the Secre- tary of Treasury. — That hereafter the provisions of section five of the act of June thirtieth, nineteen hundred and six^ (Thirty- fourth Statutes, page seven hundred and sixty-three), shall not be con- strued to apply to the Subsistence Department. Act of Aug. ^4, 1912 {37 Stat. 579). 609. Same — Proceeds of sales of^ disposition of. — That hereafter all moneys arising from sales of subsistence supplies or stores, au- ^ Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies are exempt from being covered into the Treasury, and are immediately available for the purchase of fresh supplies. (3 Dig. 2d Comp. Dec, par. 1259.) Under the act of March 3, 1875 (18 Stat. 410), the proceeds of all sales of subsistence supplies, being exempt from being covered into the Treasury, revert to the appropriation " Subsistence of the Army," out of which they were orig- inally expended, and are applicable to the purpose for which they are appro- priated by law, namely, the purchase of fresh supplies only during the fiscal year for which the appropriation to which they revert is available, for which purpose they are immediately available without the intervention of a repay warrant. (Id.) The subsistence supplies contemplated by the provision of the act of March 3, 1875 (18 Stat. 410), declaring the proceeds of all sales of such supplies imme- diately available for the purchase of fresh supplies, comprise not only the sup- plies denominated ** subsistence stores," but also the necessary means for handling, preserving, issuing, selling, and accounting for these supplies, as tools, scales, measures, utensils, stationery, safes, office furniture, etc. (Id. 1336.) ^ These provisions are as follows: Hereafter the Secretary of the Treasury shall require, and it shall be the duty of the head of each executive department or other Government establishment to furnish him, within 30 days after the close of each fiscal year, a statement of all money arising from proceeds of public property of any kind or from any source other than the Postal Service, received by said head of department of other Government establishment during the previous fiscal year for or on account of the public service, or in any other manner in the discharge of his official duties other than as salary or compensa- tion, which was not paid into the General Treasuiy of the United States, to- gether with a detailed account of all payments, if any, made from such funds during such year. All such statements, together with a similar statement applying to the Treasury Department, shall be transmitted by the Secretary of the Treasury to Congress at the beginning of each regular session. Sec. 5, act of June 30, 1906 (34 Stat. 763). MILITARY LAWS OP THE UNITED STATES. 2'1:1 thorized by law and regulations, shall be covered into the Treasury to the credit of the proper appropriation and shall remain available throughout the fiscal year following that in which the sales were effected, for the purposes of that appropriation from which such sup- plies or stores were authorized to be supplied at the time of the sales. Act of Apr. 27, 1914 {38 Stat. 361). 610. Line oftcers shall swperintend cooking for enlisted men. — The line officers of the Army shall superintend the cooking done for the enlisted men.^ Sec. 12s\, R. S. 611. Commutation of rations to enlisted men on furlough^ etc. — For the payment of the regulation allow^ances for commutation of rations in lieu of rations : To enlisted men on furlough ; to ordnance- seregeants on duty at ungarrisoned posts; to enlisted men and male and female nurses stationed at places where rations in kind can not be economically issued; to enlisted men traveling on detached duty when it is impracticable to carry rations of any kind; to enlisted men selected to contest for places or prizes in department and army rifle competitions while traveling to and from places of contests; and to male and female nurses on leaves of absence, to be expended under the direction of the Secretary of War. Act of Mar. ^, 1901 {31 Stat. 904). 612. Same — For memhers of female nurse corps^ etc. — For pay- ment of commutation of rations in lieu of the regular established ration for members of the Nurse Corps (female) while on duty in hospital, and for enlisted men, applicants for enlistment held under observation, and general prisoners sick therein, at the rate of thirty cents per ration (except that at the General Hospital at Fort Bayard, New Mexico, fifty cents per ration is authorized for enlisted patients in said hospital) to be paid to the surgeon in charge, * * ♦ dollars. Act of Mar. 2, 1907 {3 4 Stat. 1166). (See General Orders 57, War Department, 1910.) THE PAY DEPARTMENT. 613. Organization. — The Pay Department shall consist of one Pay- master-General with the rank of brigadier-general, three assistant ^ Section 1233, Re^iint a chaplain for each regiment pf col- ored troops and 30 post chaplains " ^The act of February 2, 1901 (31 Stat. 758), which authorized the orjjauiza- tiou of one provisional regiment of infantry for service in Porto Rico, provided that the regiment should be organized as to numbers as autliorized for infantry regiments of the Regular Army. Consequently this regiment has one chaplain. 339 340 MILITARY LAWS OF THE UNITED STATES. such appointment from some authorized ecclesiastical body, or from not less than five accredited ministers of said denomination. Sec. 1123, R. S, 906. Sarae. — No person in civil life shall hereafter be appointed a * * * chaplain until he shall have passed satisfactorily such examination as to his mental, moral, and physical qualifications as may be prescribed by the President: * * * Provided further^ That in case of the appointment of an officer who has served in a similar capacity during the War with Spain and has demonstrated his moral, mental, and physical qualifications for the position, then such examination shall not be required. Sec, 7, Act of Mar. 2, 1899 {30 Stat. 979), 907. Same. — No person shall be appointed a chaplain in the Eegii- lar Army who shall have passed the age of forty years, nor until he shall have established his fitness as required by existing law. Sec. 12, Act of Fel>. 2, 1901 (31 Stat. 750). 908. Rank and status, — Chaplains shall have the rank of captains of infantry, without command, and shall be on the same footing with other officers of the Army, as to tenure of office, retirement, and pensions. Sec. 1122, R. S. 909. Promotion. — Hereafter the President may, from time to time, select from among the chaplains of the Army any chaplains having not less than ten years' service, in the grade of captain, who shall have been commended as worthy of special distinction for exceptional efficiency by the regimental or district commanders with whose com- mands they may be serving as chaplains, approved through regular military channels, and may, with the advice and consent of the Sen- ate, promote such regimental or artillery chaplains to be chaplains Avith the grade, pay, and allowances of major; every such promo- tion being made with a view to active service until the statutory iige for the compulsory relinquishment thereof, except in cases of physical disability incurred in the line of duty : Provided, That the total number in active service so promoted shall not at any time exceed fifteen, and that the remaining chaplains shall have the grade, pay and allowances of captain, mounted, after they shall have completed seven years of service: And provided further. That all persons who may hereafter be appointed as chaplains shall have the grade, pay, and allowances of first lieutenant, mounted, until they shall have completed seven years of service. Sec. 1, Act of Apr. 21, 1904, (33 Stat. 226), 910. Designation. — All officers provided for in this Act shall have a uniform designation in official address as chaplains of their respec- tive regiments or of the Artillery Corps. Sec. 2, id. 911. Effect of act. — Nothing in this Act shall be construed as depriving any chaplain of his commission in the Army, or as inter- MILITARY LAWS OF THE UNITED STATES. 341 fering with existing law pertaining to regimental and corps assi-u- ments or transfers, and that nothing herein contained shall be held or construed to increase the number of chaplains, as now authorized by law, or to reduce the grade of any now serving. S'ec. 3, id 912. Assignvients.—The office of post chaplain is hereby' abolished and the officers holding commissions as chaplains, or who may here- after become chaplains, sliall be assigned to regiments or to the corps of artillery. Sec. 12, Act of Feb, 2, 1901 {31 Stat. 750). 913. Transfers and transportation.— C\i^A\)\iims may be assigned to such stations as the Secretary of AVar shall direct, and- they may be transferred, as chaplains, from one branch of the service or from one regiment to another, by the Secretary of War, without further com- mission. When serving in the field, chaplains shall be furnished with necessary means of transportation by the Quartermaster's Depart- ment. Id. DUTIES. 914. Duties.— A\\ regimental chaplains and post chaplains shall, when it may be practicable, hold appropriate religious services, for the benefit of the commands to which they may be assigned to duty, at least once on each Sunday, and shall perform appropriate religious burial services at the burial of officers and soldiers who may die in such commands. Sec. 1125, R. S. 915. Same— Instruction.— T\\Q duty of chaplains of regiments of colored troops and of post chaplains shall include the instruction of the enlisted men in the common English branches of education ^ Sec 112k, R'^^ 916. Same— Reports.— Post and regimental chaplains shall make monthly reports to the Adjutant-General of the Army, through the usual military channels, of the moral condition and general history of the regiments or posts to which they may be attached. Sec. 1126, R.S. 917. Facilities for duties. — It shall be the duty of commanders of regiments, hospitals, and posts to afford to chaplains, assigned to the same for duty, such facilities as may aid them in the performance of their duties. , Sec. 1127, R. S. HISTORICAL NOTE. The office of chaplain existed in the Revolutionary armies, as is indicated by the requirement of section 1, article 4, of the Rules and Articles of War of 3776, which provides a penalty for the nonperformance of the duties appro- priate to the office. The act of March 3, 1791 (1 Stat. 222), authorized the appointment of a chaplain in case the President might "deem such appointment ^ For statutory provisions respecting post schools, see the article relating to military posts in the chapter entitled Public Property. The detail of officers at jjost schools, and the regulations governing the courses of instruction therein, are Kuuounced in orders from the War Department. For the duties and assign- ments of chaplains, see paragraphs 43-46, Army Regulations of 1913. 342 MILITARY LAWS OF THE UNITED STATES. necessary to the public interest." As tlie act contemplated a brigade organiza- tion, it would appear that the office thus conditionally created was that of a brigade rather than a regimental chaplain. The inclusion of the chaplain in the "general staff," in section 7 of the act of March 5, 1792 (id., 242), and March 3, 1795 (id., 430), would also seem to indicate the correctness of this view. No provision was made for the services of chaplains in the enact- ments respecting the Militia of May 2, 1792 (id., 264), and May, 8, 1792 (id., 267), nor in the militia act of January 21, 1903 (32 Stat. 775.) The office of chaplain was discontinued on October 1, 1796, in conformity to the requirements of the act of May 30, 1796 (id., 483), "to ascertain and fix the military establishment of the United States." The acts authorizing the creation of a provisional army, approved May 28, 1798 (id., 561), made no pro- vision for the services or compensation of chaplains, but this omission was sup- plied by a provision for four chaplains in the act of July 16, 1798 (id., 604), who were to be attached to the general staff, and were to receive the pay and allowances of majors. No provision was made for these officers, however, in the act of March 8, 1799 (id., 749). By the acts of February 2, 1800 (2 id., 7), and May 14, 1800 (id., 85), the operation of the foregoing enactments was sus- pended, and the act of March 16, 1802 (id., 133), contained no provision for chaplains, or for the procurement of religious services at military posts. The act of April 12, 1808 (2 Stat. 481, sec. 7), passed in contemplation of war with England, authorized the appointment of brigade chaplains, and similar provision was made in section 24 of the act of February 6, 1812 (id., 671), which conferred upon these officers the pay and allowances of majors of infantry, and this last-named provision was repeated in section 16 of the act of January 20, 1813 (id., 791). The acts of March 3, 1815 (3 Stat. 224) : April 24, 1816 (id., 297) ; April 14, 1818 (id., 420) ; April 20, 1818 (id., 460) ; March 2, 1821 (id., 615), to reduce and fix the military peace establishment, made no provision for these officers which then ceased to exist. The office of post chaplain was established by section 18 of an act of July 5, 1838 (5 Stat. 259), appointments thereto being vested in the councils of admin- istration of the several military posts. The chaplains were to act as post schoolmasters, and their compensation was to be fixed by the post councils, with the approval of the Secretary of War, but was in no case to exceed forty dollars per month, with four rations per day and an established allowance of fuel and quarters. The number of chaplain posts was fixed at twenty by the act of July 7, 1838 (id., 308), which were to be designated by the Secretary of War, and were to be " confined to places most destitute of instruction." By section 3 of the act of March 2, 1849 (9 id., 351), ten additional chaplains were authorized, and by section 2 of the act of February 21, 1857 (11 Stat. 163), the monthly pay proper of chaplains was increased to a sum not exceed- ing sixty dollars, subject to the approval of the post council of administration. For each of the regiments of volunteers authorized to be raised for the War with Mexico a chaplain was authorized, and power was conferred upon the President to order the existing post chaplains to the theater of active opera- tions, and, in the event of their refusal to obey such order, their offices were to be declared vacant by the Adjutant-General of the Army; section 7 act of February 11, 1847 (9 Stat. 124). During the Civil War a chaplain was au- thorized for each regiment of volunteers, who was to have the pay and allow- ances of a captain of cavalry; section 9, act* of July 22, 1861 (12 Stat. 270). By section 7 of the act of August 3, 1861 (id., 288), none but ministers of some Christian denomination were to be eligible for appointment. By section 2 of the act of May 30, 1862 (id., 404), the President was authorized to appoint a chaplain for each general hospital; by the act of July 17, 1862 (id., 594), their pay and allowances were fixed and the qualifications for the office were estab- lished. Rank without command was conferred by the act of April 9, 1864 (13 id., 46), in which enactment their duties were still further defined. By section 31 of the act of July 28, 1866 (14 id., 337), the existing force was recognized and continued, and one chaplain was authorized for each regiment of colored troops established, " whose duty shall include the instruction of the enlisted men in the common English branches of education;" by section 7 of the act of March 2, 1867 (id., 423), the rank of captain of infantry, without command, was conferred, and chaplains were placed upon the same footing in respect to pay, allowances, and emoluments as other officers of the Army. By section 12 of the act of February 2, 1901 (31 Stat. 750), the distinction between post and regimental chaplains was abolished and chaplains were thereafter required to be assigned to regiments of the line or to stations occupied by the troops of the corps of artillery. ch^t>th;r xxtv. COMMISSIONED OFFICERS. Par. A.ppointment8 918-926 Grade of second lieutenant 918 Same — noncommissioned officers 919 Enlisted men 920 Same — examination board 921 Same — order of merit 922 Same — certificate of eligibility . . 923 Same — vacating certificate 924 Commissions to be under depart- ment seal 925 To be in arm of service 926 Promotions 927-933 Seniority 927 Same 928 Examination . ". 929-930 Same — appointees from civil life. 931 Same — ^waiver 932 Same — absence of officer 933 Assignment and transfer 934-938^ Transfers from line to staff 934 Assignments and transfers 935 Details to the staff 936 Limitation — detailed officer 937 Same — extension 938 Same — limitation extended to field officers 938^ Details 939-949 Details to foreign Government. . 939 Details as Indian agents 940 Details to the Philippine Con- stabulary 941 Details to colleges, active officers 942 Same — increase of number 943 Same 944 Ketired officers under section 1225, Revised Statutes 945 Same. 946 Same ,.-.. 947 Retired officers under section 1260, Revised Statutes. ...'.... 948 Pay from institution 949 Act of Nov. 3, 1893, not to limit detail 950 Par. Issues of ordnance to colleges 951-955 Ordnance and ordnance stores to colleges 951 Same 952 Same 953 Same — obsolete stores 954 Ammunition, targets, etc 955 Other details for retired officers. 956-961 Soldiers' Home 956 Militia 957 Various details 958 Adjutant general of District Mili- tia 959 Territorial office 960 Timeofwar 961 Retirement 962-975 Forty years* service ; thirty years* service 962 Forty-five years of service; 62 years of age 963 Forty years' service; 64 years of age : 964 Unlimited retired list 965 Limited number 966 Transfers from limited to unlim- ited list 967 Disability 968 Special advancement in grade. . . 969 Same ..-- 970 Commissions to be given 97 1 General officers 972 Head of a staff department 973 Limitation to retired pay above grade of major 974 Pay and allowances on active duty 975 Retiring boards 976-998 Composition 976 Oath of members 977 Powers and duties 978 Findings 979 Revision by the President 080 343 344 MILITARY LAWS OF THE UNITED STATES. Retiring boards— Continued. rar. Disability incident to the serv- ice 981 Disability not incident to the service 982 Officer entitled to a hearing 983 To be retired on rank at date of retirement 984 Officers retired, wounds received in action 985 Status 986 Vacancies caused by retirement. 987 Rights and liabilities 988 Clerks to retired officers prohib- ited 989 Retiring boards — Continued. Par- Holding two offices by person re- ceiving 12,500 forbidden; re- tired officers excepted 990 Restoration of dismissed officer. . 991 Dropped for desertion 992 Same — ^amendment 993 Right to demand trial 994 Accepting or holding civil office. 995 Prohibited duties 996 Accepting diplomatic or consular office 997 Supernumerary officers may re- quest discharge 998 APPOINTMENTS. 918. Grade of second lieutenant, — Hereafter vacancies in the grade of second lieutenant occurring in any fiscal year shall be filled by appointment in the following order, namely: First, of cadets grad- uated from the United States Military Academy during that fiscal year;^ second, of enlisted men whose fitness for promotion shall have been determined by competitive examination ;2 third, of candidates from civil life between the ages of twenty-one and twenty-seven years.^ The President is authorized to make rules and regulations to carry these provisions into effect. Act of Mar.3^1911 {36 Stat.lOJfd), 919. Same — ProTnotion of noncommissioned oficeTS. — Noncommis- sioned officers may, under regulations established by the Secre- tary of War, be examined by a board of four officers, as to their qualifications for the duties of commissioned officers in the line of the Army, and shall be eligible for appointment as second lieutenants in any corps of the line for which they may be found so qualified. If there be no vacancy in such corps, any noncommissioned officer so found qualified for a commission therein may be attached to it by the President as a supernumerary officer, by brevet of second lieu- tenant, subject to the provisions of section twelve hundred and fifteen. Sec.l2U,R.S, 920. Same — Of enlisted men. — The President is hereby authorized to prescribe a system of examination of enlisted men of the Army, by such boards as may be established by him, to determine their ^As to the appointment of cadets see paragraphs 1154 and 1155, post ; and as to the limitations and appointment of cadets who never graduated see para- graphs 1162 and 1164, post. As to appointment as second lieutenants of Engi- neers see paragraphs 784 and 786, ante. As to appointments in the Medical Corps see paragraph 732, ante. ^As to regulations governing the appointment of enlisted men see paragraphs 27 to 33, A. R., 1913. See also the next five paragraphs. *As to regulations governing the appointment of candidates from civil life Bee paragraphs 34-37, A. R., 1913. MILITARY LAWS OF THE UNITED STATES. 345 fitness for promotion to the grade of second lieutenant: Provided^ That all unmarried soldiers under thirty years of age, who are citi- zens of the United States, are physically sound, who have served honorably not less than two years in the Army, and who have borne a good moral character before and after enlistment, may compete for promotion under any system authorized by this act. Act of July SO, 1892 {27 Stat. 336). 921. Examination hoard. — The members and recorder of such boards as may be established by the President, under the provisions of the preceding section, shall be sworn in every case to discharge their duties honestly and faithfully; and the boards may examine witnesses and take depositions, for which purposes they shall have such powers of a court of inquiry as may be necessary. Sec. 2. id. 922. Fillhig vacancies. — The vacancies in the grade of second lieu- tenant heretofore filled by the promotion of meritorious noncom- missioned officers of the Army, under the provisions of section three of the act approved June eighteenth, eighteen hundred and seventy- eight, shall be filled by the appointment of competitors favorably recommended under this act, in the order of merit established by the final examination. Sec. 3, id. 923. Certifcates of eligihility. — Each man who passes the final examination shall receive a certificate of eligibility, setting forth the subjects in which he is proficient and the especial grounds upon which the recommendation is based: Provided, That not more than two examinations shall be accorded to the same competitor. Sec. 3, id. 924. Same — Vacation of.— All rights and privileges arising from a certificate of eligibility may be vacated by sentence of a court- martial, but no soldier, while holding the privileges of a certificate, shall be brought before a garrison or regimental court-martial or sum.mary court.^ Sec. ^, id. 925! Commissions— Execution of. — Hereafter the commissions of all officers under the direction and control of the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and tha Secretary of Agriculture shall be made out and recorded in tha respective Departments under which they are to serve, and the De- partment seal affixed thereto, any laws to the contrary notwithstand- ing: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States.^ Act of Mar. 28, 1896 {29 Stat. 75) . ' Garrison and regimental courts-martial have been abolished and tbeir juris- dictTon transfe?red^o the special courts^martial provided for by the act of '^'^rcoVm'islif w^^e^er^ts for^^^^ of the fact that the Presi- the military service. (O'Shea v. U. S., 28 Ct. Cls., o9^.) 846 MILITARY LAWS OF THE UNITED STATES. 926. Appointments. — Hereafter all appointments in the line of the Army shall be by commission in an arm of the service and not by commission in any particular regiment.^ Sec. 2, Act of Oct, i, 1890 {26 Stat. 562). PROMOTIONS. 927. Seniority. — Hereafter promotions to every grade in the Army below the rank of brigadier-general, throughout each arm, corps, or department of the service, shall, subject to the examination here- inafter provided for, be made according to seniority m the next lower grade of that arm, corps, or department.^ Sec. i, id. 928. Same. — Hereafter all vacancies occurring in the cavalry, artil- lery, and infantry above the grade of second lieutenant shall, subject to the examination now required by law, be filled by promotion ac- cording to seniority from the next lower grade in each arm.^ Sec. 2, Act of Apr. 26, 1898 (30 Stat. 86Jt). * An appointment or commission, in order to take effect at all, must be ac- cepted ; but when accepted, it takes effect as of and from its date, 1. e., the date on which it is completed by the signature of the appointing power, or that as and from which it purports in terms to be operative. (Dig. Opin. J, A. G., 1912, p. 801, 6a and 7a. See also Marbury v. Madison, 1 Cranch, 137 ; U. S. v. Bradley, 10 Pet., 304 ; U. S. v. Le Baron, 19 How., 78 ; Montgomery v. U. S., 5 Ct. Cls., 97. See also chapter entitled "The Executive.") The power of the President to fill a vacancy in the Army during a recess of the Senate may be exercised by a letter from the Secretary of War, and such a letter may constitute his commission, there being no law which prescribes the form of a military commission. (O'Shea v. U. S., 28 Ct. Cls., 392.) Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and consent of the Senate. (Collins v. U. S., 14 Ct. Cls. 22; Dig. Opin. J. A. G., 150.) An officer of the Army or Navy of the United States does not hold his office by contract, but at the will of the sovereign power. (Crenshaw v. U. S., 134 U. S., 98.) For statutory provisions respecting appointments to the lowest grades in the several staff corps see the chapters so entitled. So much of section 1218, Revised Statutes, as amended by the act of May 13, 1884 (23 Stat. 21), as requires that "No person who held a commission in the Army or Navy of the United States at the beginning of the late rebellion, and afterwards served in any capacity in the military, naval, or civil service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion, shall be appointed to any position in the Army or Navy of the United States," was repealed by the act of March 31, 1896 (29 Stat. 235.) For statutory provisions regulating the appointment of officers of volunteers to the Army, see section 28 of the act of February 2, 1901 (31 Stat. 755), 1101. 'The act of October 1, 1890 (26 Stat. 562), contained the requirement that all officers above the grade of second lieutenant in the line of the Army should, " subject to such examination, be entitled to promotion in accordance with ex- isting laws and regulations." The effect of this provision was to continue the operation of the rule of regimental promotion in respect to all officers of the line above the grade of second lieutenant. The rule of lineal promotion was made general in its apllication by section 2 of the act of April 26. 1898 (30 Stat. 364). Seniority of rank alone, in the military service, gives no right to pro- motion. Physical, mental, and moral fitness are required. (Steinmetz v. U. S., 33 Ct. Cls., 404.) The act of October, 1890, did not make it obligatory upon the President to promote the senior officer to a vacancy existing in the next higher grade if the record of the officer, in his opinion, had been such as to indicate that he was disqualified for promotion. (30 Opin. Atty. Gen., 177.) ^ Apjwintment and promotion of commissioned officers. — Notices of appoint- ments and promotions are issued by the War Department, through the Adjutant- General of ihe Army. (Par. 21, A. R. 1913.) MILITARY LAWS OF THE UNITED STATES. 347 HISTORICAL NOTE. The rule of promotion in the line of the Army, as stated in paragraph 22 of the Regulations of 1SS9, required that " promotions to the rank of captain will be made regimentally, to major, lieutenant colonel, and colonel, according to arm of service." This rule, which was replaced by the act of October 1. 1890 (par. 1271, supra), had its origin In an order of the Secretary of War, dated May 26, 1801, which declared that " promotions to the rank of captain shall be made regimentally, and to the rank of major and lieutenant colonel in the lines of the artillery and infantry, respectively." This order was supplemented by another, issued on May 7, 1808, making the above rule for promotion in the infantry and artillery applicable to the cavalry and riflemen. The earliest Congressional action on the subject of promotion in the Army is contained in the fifth section of the act of June 26, 1812 (2 Stat. 764), which provided that thereafter " the promotion shall be made through the lines of artillerists, light artillery, dragoons, riflemen, and infantry, respectively, ac- cording to established rule." The rule therein referred to is that which was established by the Executive order as above stated, and the effect of the statute was to give the order a legislative sanction. Subsequently, by section 12 of the act of March 30, 1814 (3 Stat. 113), it was provided "that from and after the passage of this act promotions may be made through the whole Army in its several lines of light artillery, light dragoons, artillery, infantry, and riflemen, respectively." Since the enactment of this last provision, which continued in force down to the revision of the statutes, promotions to the rank of captain have uniformly been made regimentally, so that the construction given thereto, in practice, has been that it made no change or modification of the previously existing rules. According to this construction (which was acted upon for about sixty years) the act of 1814, while it contemplated that promotions should be made in the several lines or arms through the whole Army, and that officers should be promoted only in their respective lines or arms, did not prescribe how promotions within the lines or arms should be made, whether regimentally or lineally. As thus understood — and the language of the act is susceptible of that interpretation — there was no conflict between it and the rule adverted to. Section 1204, Revised Statutes, contains substantially a reenactment of the provision above quoted from the act of 1814. When embodying that provision in the Revised Statutes, it is reasonable to presume that Congress was familiar with the construction which had been placed thereon, and so long acted upon by the executive department, and that if it had been the intention of that body to introduce a different rule on the subject of promotion, different phraseology would have been chosen to signify such design. By adopting the language of the previous statute the fair inference is that its construction was acquiesced in, and that no change in the law of promotion was intended. (17 Opin. Atty. Gen., 65. See also paragraph 987, post.) 929. Examination.— On and after the passage of this Act, every line officer on the active list below the grade of colonel who has lost in lineal rank through the system of regimental promotion in force prior to October first, eighteen hundred and ninety, may, in the discretion of the President, and subject to examination for promotion as pre- scribed by law, be advanced to higher grades in his arm up to and including the grade of colonel, in accordance with the rank he would have been entitled to hold had promotion been lineal throughout his arm or corps since the date of his entry into the arm or corps to which he permanently belongs: Provided^ That officers advanced to higher grades under the provisions of this Act shall be additional Appointment to the grade of general officer is made by selection from the ^Tromotio^ns in 'established staff corps and departments to include the grade of colonel will be made by seniority, subject to the examinations required by law. (Par. 24, Id.) 348 MILITARY LAWS OF THE UNITED STATES. officers in those grades: Provided further^ That nothing in this Act shall operate to interfere with or retard the promotion to which any officer would be entitled under existing law: Arid provided further^ That the officers advanced to higher grades under this Act shall be junior to the officers who now rank them under existing law, when these officers ha^e reached the same grade. Act of Mar. 3, 1911 (36 Stat 1058), 930. Examination. — That the President be, and he is hereby, au- thorized to prescribe a system of examination of all officers of the Army below the rank of major to determine their fitness for promo- tion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service : Provided^ That the President may waive the examina- tion for promotion to any grade in the case of any officer who in pur- suance of existing law has passed a satisfactory examination for such grade prior to the passage of this act: And. provided^ That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said examination, shall receive the promotion : And provided^ That should the officer fail in his physical examination, and be found incapacitated for service by reason of physical disability contracted in line of duty he bhall be retired with the rank to which his seniority entitled him to be promoted ; but if he should fail for any other reason he shall be sus- pended from promotion for one year, when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged with one year's pay from the Army.^ Sec. 3, Act of Oct. 1, 1890 {26 Stat. 562). 831. Same — Appointees from civil life. — The examination of officers appointed in the Army from civil life, or of officers who were officers of volunteers only, or were officers of the militia of the several States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps, during the war of the rebellion, shall be conducted hj boards composed entirely of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific knowledge; and in case of failure of any such officer in the reexamination hereinbefore provided for, he shall * For the statutes governing the subject of examinations of medical officers see paragraphs 735-6, ante. Joint Resolution No. 48, of June 14, 1898 (30 Stat. 747), contains the require- ment " that during the existing war the President may, in his discretion, waive the one-year suspension from promotion and forthwith order the reexamination provided in certain cases by the third proviso of section three of the act ap- proved October first, eighteen hundred and ninety, entitled 'An act to provide for the examination of certain officers of the Army and to regulate promotions therein." MILITARY LAWS OF THE UNITED STATES. 349 be placed upon the retired list of the Army ; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for.^ Sec, 3^ id. 932. Same — Waiver. — Officers entitled by this section to examina- tion by a board composed entirely of officers who were appointed from civil life, or who were officers of volunteers only during the war, may, by written waiver filed with the War Department, relinquish such right, in which case the examination of such officers shall be conducted by boards composed as shaj^ be directed by the Secretary of War.2 Sec. 1, Act of July 27, 1892 {27 Stat. 276). 933. Same — Absence of officer. — When the exigencies of the service of any officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby authorized to pro- mote such officer, subject to examinatiou, and the examination shall take place as soon thereafter as practicable. . If upon examination the officer be found disqualified for promotion, he shall, upon the approval of the proceedings by the Secretary of War, be treated in the same manner as if he had been examined prior to promotion. Sec. 32, Act of Feh. 2^ 1901 {31 Stat. 756). ASSIGNMENTS TO REGIMENTS, TRANSFERS, AND DETAILS TO THE STAFF. 934. Transfers to the staff. — Officers may be transferred from the line to the staff of the Army without prejudice to their rank or pro- motion in the line; but no officer shall hold, at the same time, an appointment in the line and an appointment in the staff which con- fer equal rank in the Army. When any officer so transferred has, in virtue of seniority, obtained or become entitled to a grade of his regiment equal to the grade of his commission in the staff, he shall vacate either his commission in the line or his commission in the staff. Sec. 1205, R. S. ^ Under the act of October 1, 1890, the finding of the board of examination that the officer is incapacitated for duty is not per sc final, but must be reported for the action of the Secretary of War and passed upon by him. Where the finding and report of the board have been approved but not yet executed by actual retirement, there may intervene contingencies which would supersede such proceeding, as the trial and dismissal of the officer by court-martial, or the arising of new causes which might make proper that the question of his dis- ability be inquired into by a retiring board convened under Sec. 1246, Re- vised Statutes. But unless some such new occasion and ground of disqualifica- tion be presented the action of the Secretary of War in approving the report remains final and exhaustive, and the officer is entitled to be retired under the act of 1890, and can not legally be ordered before such retiring board. (Dig. Opin. J. A. G., 1912, p. 988 b (2).) The privilege of retirement which an officer has "with the rank to which his seniority entitled him to be promoted," given by the act of October 1, 1S90 (26 Stat. 562), is limited to cases where the officer failed in his physical exami- nation only. (Steinmetz i;. U. S., 33 Ct. Cls., 404.) •This refers to section 3 of the act of October 1, 1890 (26 Stat. 562), which is amended. 350 MILITARY LAWS OF THE UNITED STATES. 935. Assignments and transfers. — Officers of [all] grades in each arm of the service shall be assigned to regiments, and transferred from one regiment to another, as the interests of the service may require, by orders from the War Department.^ Sec. ^, Act of Oct, 1,1890 {26 Stat. 562). 936. Details to the staff. — When any vacancy, except that of the chief of the department, shall occur (in the Adjutant-General's Department, the Inspector- General's Department, the Quartermas- ter's Department, the Subsistence Department, the Pay Department, the Ordnance Department, and the Signal Corps) which can not be filled by promotion as provided in this section, it shall be filled by de- tail from the line of the Army, and no more permanent appointments shall be made in those departments or corps after the original vacancies created by this act shall have been filled. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may, from time to time, prescribe. All officers so detailed shall serve for a period of four years, at the expiration of which time they shall return to duty with the line, and officers below the rank of lieutenant-colonel shall not again be eligible for selection in any staff department until they shall have served two years with the line.^ Sec. 26, Act of Feb. 2, 1901 {31 Stat. 755). 937. Same. — On and after December fifteenth, nineteen hundred and twelve, in time of peace whenever any officer holding a perma- nent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company, of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such troop, battery, or company, for duty of any kind ; and all pay and allowances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or per- mitted to remain detached in violation of any of the terms of this proviso; but nothing in this proviso shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the troop, battery, or company, to which he shall belong in that branch in which he shall hold a permanent commission, nor shall anything * See Article 8, A. R., 1913. Vacancies in the grade of second lieutenant in the Engineer Corps can not be filled by transfers of ofiicers from other branches of the Army. (Bulletin 18, W. D., June 7, 1913.) ^ For statutory regulations respecting details to the staff see the title Details to the Staff, in the chapter entitled The Staff Departments. The Quartermaster's, Subsistence, and Pay Departments of the Army were consolidated into the Quartermaster Corps by section 3 of the act of August 24, 1912 (37 Stat. 591). See paragraph 495. MILITARY LAWS OF THE UNITED STATES. 351 in this proviso be held to apply to the detachment or detail of officers for duty in the Judge Advocate GtneraPs Department or in the Ordnance Department, or in connection with the construction of the Panama Canal until after such canal shall have been formally opened or in the Philippine Constabulary until the first day of January' nineteen hundred and fourteen, or to any officer (detailed, or who may be hereafter detailed, for aviation duty. And hereafter no officer holding a permanent commission in the Army with rank below that of major shall be detailed as assistant to the Chief of the Bureau of Insular Affairs with rank of colonel, or as commanding officer of the Porto Rico Regiment of Infantry, or as chief or assistant chief (Di- rector or Assistant Director) of the Philippine Constabulary, and no other officers of the Army shall hereafter be detailed for duty with the said Constabulary except as specifically provided by law. Act of Aug. 2 J,., 1912 {37 Siats. 571, 6Jf5), 938. Same, — Hereafter, in determining the eligibility, under the provisions of the Act of Congress approved August twenty-fourth, nineteen hundred and twelve, of troop, battery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually per- formed by any such officer with troops prior to December fifteenth, nineteen hundred and twelve, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, com- pany, or troop: Provided further, That regimental, battalion, and squadron quartermasters and commissaries shall hereafter be re- quired to perform the duties of officers of the Quartermaster Corps, including the receipting for any money or property pertaining to said corps, when no officer of the Quartermaster Corps is present for such duties, and nothing contained in the Army appropriation Act approved August twenty-fourth, nineteen hundred and twelve, shall hereafter be held or construed so as to prevent competent authority from requiring any officers of the Army to act temporarily as quarter- masters wherever there shall be no officers of the Quartermaster Corps and no regimental, battalion, or squadron quartermasters or com- missaries present for such duty. Act of Mar. 2, 1913 {37 Stat. 706.) 938J. Same— Limitation extended to field officers.— Thsit after Sep- tember first, nineteen hundred and fourteen, in time of peace, when- ever any officer holding a permanent commission in the line of the Army, with rank of colonel, lieutenant colonel, or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command composed of not less than two troops, batteries, or companies of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such command for duty of any kind except as hereinafter specifically provided; and all pay and 352 MILITARY LAWS OF THE UNITED STATES. allowances shall be forfeited by any superior for any period during- which, by his order or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this Act; but nothing in this Act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organization or com- mand to which he shall belong in that branch in which he shall hold a permanent commission ; nor shall anything in this Act be held to apply to the detachment or detail of officers for duty in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in connection with the Alaska Road Commission or the Alaska Railroad or the Bureau of Insular Affairs ; and nothing in this Act shall prevent the redetail of officers above the grade of major to fill vacancies in the various staff corps and departments as provided for by section twenty-six of the Act of Congress approved February second, nineteen hundred and one: Provided further^ That whenever the service record of any field officer is to be ascertained for the purposes of this Act, all duty actually performed by him during the last preceding six years, in a grade below that of major, in connection with any statutory organiza- tion of that branch of the Army in which he shall hold a permanent commission, or as a staff officer of any coast-defense or coast-artillery district, shall be credited to him as actual presence for duty with a command composed as hereinbefore prescribed: And provided fur- ther^ That temporary duty of any kind hereafter performed with United States troops in the field for a period or periods the aggregate of which shall not exceed sixty days in any one calendar year, and duty hereafter performed in command of United States army mine planter by an officer assigned to a company from which this detach- ment is drawn, and duty hereafter performed in command of a machine-gun platoon or a machine-gun unit, by any officer who, before assignment to such duty, shall have been regularly assigned to, and shall have entered upon duty with, an organization or a com- mand the detachment of certain officers from which is prohibited by the Act of Congress approved August twenty-fourth, nineteen hun- dred and twelve, or by this Act, shall, for the purposes of said Acts, hereafter be counted as actual presence for duty \\ith such organiza- tion or command. Act of Apr, 27, 19U {38 Stat. 357). DETAILS. 939. Details to foreign Governments. — The consent of Congress is hereby granted to the acceptance by officers of the army, in the dis- cretion of the President, of such military details under the Govern- MILITARY LAWS OF THE UNITED STATES. 353 ments of Cuba and Panama as may be requested by the Presidents of these Republics: Provided, That such details shall not exceed five in number: And provided further. That no officer so detailed shall receive any present, emolument, office, or title of any kind whatever from the Government of Cuba or Panama.^ Act of A7)r. 19 1910 (36 Stat. 32J^). 940. Detailed as Indian agents. ~T\i2Li from ana aiter tne passage of this act the President shall detail officers of the United States Army to act as Indian agents at all agencies where vacancies from any cause may hereafter occur, who, while acting as such agents, shall be under the orders and direction of the Secretary of the In- terior, except at agencies where, in the opinion of the President, the public service would be better promoted by the appointment of a civilian.2 Act of July 13, 1892 {27 Stat. 120). 941. Miscellaneous provisions respecting commissioned officers. — Officers of the Army of the United States may be detailed for service as chief and assistant chiefs, the said assistant chiefs not to exceed in number four, of the Philippine constabulary, and that during the continuance of such details the officer serving as chief shall have the rank, pay, and allowances of brigadier-general, and the officers serv- ing as assistant chiefs shall haA^e the rank, pay, and allowances of colonel: Provided, That the difference between the pay and allow- ances of brigadier-general and colonel, as herein provided, and the pay and allowances of the officers so detailed in the grades from which they are detailed shall be paid out of the Philippine treasury. Sec. 1, Act of Jan. 30, 1903 {32 Stat. 783). 942. Active officers. — The President may, upon the application of any established college or university within the United States, hav- ing capacity to educate, at the same time, not less than one hundred and fifty male students, detail an officer of the Army to act as presi- dent, superintendent, or professor thereof; but the number of officers so detailed shall not exceed {ticenty) (thirty) at any time, and they 1 Special details are sometimes made under authority of Congress. As an instance of such authorization the following joint resolution is quoted : " That Captain John W. Gulick, Coast Artillery Corps, United States Army, be, and he is hereby, permitted to accept from the Government of the Republic of Chile the position of instructor of the Coast Artillery of the Chilean Army and the emoluments, rights, and privileges pertaining thereto." (Joint resolu- tion. May 11, 1912, 37 Stat, 134G.) The authority for the detail of military attaches is derived from appropria- tion acts, which allow certain funds for such purposes. 2 See, for other provisions of law respecting the detail of officers as Indian agents, the chapter entitled The Indians— Indian Agents— The Indian Coun- try. For other enactments authorizing the employment of officers on the active list on civil or nonmilitary duty, see sections 4653, 4664, and 4671, Revised Statutes, authorizing the detail of officers on light-house duty ; the act of July 31, 1882 (22 Stat. 181), authorizing the detail of an officer for duty in con- nection with Indian education; section 5 of the act of August 1, 3890 (26 id., 337), authorizing the detail of an officer as a member of the Chickamauga Park Commission. 92061"— 17 23 354 MILITAEY LAWS OF THE UNITED STATES. shall be apportioned throughout the United States, as nearly as may be practicable, according to population. Officers so detailed shall be governed by general rules prescribed, from time to time, by the President. The Secretary of War is authorized to issue at his dis- cretion and under proper regulations to be prescribed by him, out of any small arms or pieces of field artillery belonging to the Gov- ernment and which can be spared for that purpose, such number of the same as may appear to be required for military instruction and practice, by the students of any college or university under the pro- visions of this section; and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe- keeping thereof, and for the return of the same when required.^ Sec, 1225, R. S. 943. From the active list. — The President may, upon the appli- cation of any established military institute, seminary or academy, college or university within the United States, having capacity to educate at the same time not less than one hundred and fifty male students, detail an officer of the Army or Navy to act as superin- tendent or professor thereof; but the number of officers so detailed shall not exceed [fifty] ^ from the Army and ten from the Navy, being a maximum of sixty at any time, and they shall be apportioned throughout the United States, first, to those State institutions ap- plying for such detail that are required to provide instruction in military tactics under the provisions of the act of Congress of July second, eighteen hundred and sixty-two, donating lands for the establishment of colleges where the leading object shall be the prac- tical instruction of the industrial classes in agriculture and the mechanic arts, including military tactics ; and after that, said details to be distributed, as nearly as may be practicable, according to population.2 Act of Sept. 26, 1888 (25 Stat. Jfil). 944. Same — Number of officers increased. — Section twelve hundred and twenty-five of the Revised Statutes, concerning details of offi- cers of the Army and Navy to educational institutions, is hereby ^ The first act authorizing the detail of officers at colleges was that of July 28, 1866 (14 Stat 336), which authorized 20 for detail to established colleges or universities capable of educating at one time not less than 150 male students. The number detailed was to be apportioned throughout the United States according to population, and the detail was as president, superintendent, or professor. The act of May 4, 1870 (16 Stat. 373), authorized the Secretary of War to issue to colleges where Army officers were detailed such small arms or pieces of field artillery as could be spared. The number of officers detailed was increased from 20 to 30 by the act of July 5, 1876 (19 Stat. 74) ; to 40 by the act of July 5, 1884 (23 Stat. 108). These acts were consolidated and placed in the Revised Statutes, section 1225, given above. The number was changed from 50 for the Army and 10 for the Navy, by act of September 26, 1888 (25 Stat. 491), to 75 for the Army and a total of 85 for the Army and Navy, by act of January 13, 1891 (26 Stat. 716), and to 100 for the Army, and a total of 110 for the Army and Navy, by act of November 3, 1893 (28 Stat. 7). As to the detail of retired officers to duty with colleges, see the following paragraphs 942-50. See also paymasters' manual, pages 133, 134, ' See paragraph 947, post, for amendment. MILITARY LAWS OF THE UNITED STATES. 355 amended so as to permit the President to detail under the provisions of said act not to exceed one hundred officers of the Army of the United States ; and no officer shall be thus detailed who has not had five years' service in the Army, and no detail to such duty shall extend for more than four years, and officers on the retired list of the Army may upon theii* own application be detailed to such duty and when so detailed shall receive the full pay of their rank, and the maximum number of officers of the Army and Navy to be detailed at any one time under the provisions of the act approved January thirteenth, eighteen hundred and ninety-one, amending section twelve hundred and twenty-five of the Revised Statutes as amended by an act approved September twenty-sixth, eighteen hundred and eighty- eight, is hereby increased to one hundred and ten. Act of Nov. 3^1893 {28 Stat. 7). 945. Details from the retired list. — Section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of officers of the Army and Navy to educational institutions, be, and the same is hereby, amended so as to permit the President to detail under the provisions of that act, and in addition to the detail of the officers of the Army and Navy now authorized to be detailed under the existing provisions of said act, such retired officers of the Army and Navy of the United States as in his judgment may be required for that purpose, to act as instructors in military drill and tactics in scljools in the United States, where such instruction shall have been authorized by the educational authorities thereof, and where the services of such instructors shall have been applied for by said authorities. No detail shall be made under this act to any school unless it shall pay the cost of commutation of quarters of the retired officers detailed thereto and the extra-duty pay to which the latter may be entitled by law to receive for the performance of special duty: Provided^ That no detail shall be made under the provisions of this act unless the officers to be detailed are willing to accept such posi- tion without compensation from the Government other than their retired pay.^ Act of Feb. 26, 1901 (31 Stat. 810). 946. Details from the retired ?^s^^.— Section twelve hundred and twenty-five of the Revised Statutes, concerning the detail of officers of the Army and Navy to educational institutions, is hereby, amend- ed so as to permit the President to detail under the provisions of that Act, and in addition to the details of the officers of the Army and Navy now authorized to be detailed uncjer the existing pro- visions of said Act, such retired officers and noncommissioned officers of the Army and Navy of the United States as in his judgment may be required for that purpose to act as instructo rs in military drill * See pardgrapli 946, post, for amendment. 356 MILITARY LAWS OF THE UNITED STATES. and tactics in schools in the United States and Territories where^ such instructions shall have been authorized by the educational au- thorities thereof, and where the services of such instructors shall have been applied for by said authorities. No detail shall be made under this Act to any school unless it shall pay the cost of commuta- tion of quarters of the retired officers or noncommissioned officers de- tailed thereto and the extra- duty pay to which they may be entitled by law to receive for the performance of special duty: Provided^ That no detail shall be made under the provisions of this Act unless the officers and noncommissioned officers to be detailed are willing to accept such position: Provided further^ That they shall receive no compensation from the Government other than their retired pay. Act of Apr. 21, WOJf. {33 Stat. 225). 947. Details to colleges. — That the Act approved November third, eighteen hundred and ninety-three, authorizing the detail of officers of the Army and Navy to educational institutions, be amended so as to provide that retired officers, when so detailed, shall receive the full pay and allowances of their rank, except that the limitations on the pay of officers of the Army above the grade of major as provided in the Acts of March second, nineteen hundred and five, and June twelfth, nineteen hundred and six, shall remain in force.^ Act of Mar. 3, W09 {35 Stat. 738). 948. Detail as professor in a college. — Any retired officer may, on his own application, be detailed to serve as professor in any college. But while so serving, such officer shall be allowed no additional com- pensation.2 Sec. 1260, R. S. 949. Detail of retired officers. — Upon the application of any college, university, or institution of learning incorporated under the laws of any State within the United States, having capacity at the same time to educate not less than one hundred and fifty male students, the President may detail an officer of the Army on the retired list to act as president, superintendent, or professor thereof; and such officer may receive from the institution to which he may be detailed the difference between his retired and full pay, and shall not receive any additional pay or allowance from the United States.^ Act of May i, 1880 {21 Stat. 113). 950. Detail of retired officers to colleges not limited. — Nothing in the act entitled "An act to increase the number of officers of the Army to be detailed to colleges, approved November third, eighteen ^ This paragraph amends paragraph 944 and reaffirms paragraphs 974 and 975. ^ See Monthly Army List and Directory as to officers detailed under permis- sion of sections 1225 and 1260, R. S., as amended. See also Manual for the Pay Department, pages 134-135. ' Officers of the Army on the retired list who, upon their own application, are detailed to educational institutions in accordance with the provisions of the act of November 3, 1893 (28 Stat. 7), are entitled to the full pay of their rank. (4 Comp. Dec., 120.) MILITARY LAWS OF THE UNITED STATES. 357 hundred and ninety-three, shall be so construed as to prevent, limit, or restrict the detail of retired officers of the Army at institutions of learning under the provisions of section twelve hundred and sixty, Revised Statutes, and the act making appropriations for the support of the Army, and so forth, approved May fourth, eighteen hundred and eighty, nor to forbid the issue of ordnance and ordnance stores, as provided in the act approved September twenty-sixth, eighteen hundred and eighty-eight, amending section twelve hundred and twenty-five. Revised Statutes, to the institutions at which retired officers may be so detailed ; and said act of November third, eighteen hundred and ninety-three, and said act of May fourth, eighteen hundred and eighty, shall not be construed to allow the full pay of their rank to retired officers detailed under said section twelve hundred and sixty, Revised Statutes, and said act of May fourth, eighteen hundred and eighty.^ Act of Aug. 6, 189i {28 Stat. 235), ISSUES OF ORDNANCE. 951. Ordnance stores for colleges. — The Secretary of War is au- thorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to 4he Government, and which can be spared for that purpose, such number of the same as may appear to be required for military in- struction and practice by the students of any college or university under the provisions of this section, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof, and for the return of the same when re- quired : Provided^ That nothing in this act shall be so construed as to prevent the detail of officers of the Engineer Corps of the Navy as professors in scientific schools or colleges as now provided by act of Congress approved February twenty-sixth, eighteen hundred and £eventy-nine, entitled "An act to promote a knowledge of steam eno-ineering and iron shipbuilding among the students of scientific schools or colleges in the United States ; " and the Secretary of War is hereby authorized to issue ordnance and ordnance stores belonging to the Government on the terms and conditions hereinbefore provided to any college or university at which a retired officer of ih^ Army may be assigned as provided by section twelve hundred and sixty of the Revised^Statutes.1 j^^t of Sept. 26, 1888 {25 Stat. 491). 952. Same.— The Secretary of War is authorized to issue at his discretion, and under prop er regulations to be prescribed by him, ' This statute replaces section 1225, Revised Statutes, as amended by the act of Jifly 5 18^ '^sav^g always, however, all acts and things done under the laid amended section as heetofore existing." The subject of issues of ordnance and finance sl^res to colleges are given at this place because Congress has IncorpoiSted its legislation in regard thereto with acts governing the detail of officers at such institutions. 358^ V- MILITARY LAWS OP THE UNITED STATES. out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, upon the approval of the governors of the respective States, such number of the same as may be required for military instruction and practice by such school, and the Secretary shall require a bond in each case, for double the value of the property, for the care and safe keeping thereof, and for the return of the same when required.^ Act of Feb. ^6, 1901, {SI Stat. 810). 953. Issues of ordnance and ordnance stores. — The Secretary of iWar is authorized to issue at his discretion, and under proper regu- lations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, upon the approval of the governors of the respective States and Territories, such number of the same as may be required for military instruction and practice by such school, and the Secretary shall require a bond in each case, for double the value of the prop- erty, for the care and safe-keeping thereof and for the return of the same when required.^ Sec. 3, Act of Apr, ^1, lOOJf {33 Stat. 226). 954. Same. — The Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to the United States, such obso- lete ordnance and ordnance stores as may be available to State and Territorial educational institutions and to State soldiers and sailors orphans' homes, for purposes of drill and instruction. And the Secretary of War shall require from such institutions or homes a bond in each case in double the value of the property issued, for the care and safe-keeping thereof and for the return of the same to the United States when required : Provided, That the issues herein provided for shall be made only to institutions upon recommendation of the governors of States and Territories and shall not be made in i»ny case to any educational institution to which issues of such stores are allowed to be made under provisions of existing law.^ Act of June 30, 1906 {3J}. Stat. 817) . 955. Same. — Ammunition, targets, and other accessories for small- arms and machine-gun target practice and instruction; marksmen's medals, prize arms, and insignia for all arms of the service; and ammunition, targets, target material, and other accessories may be issued for small-arms target practice and instruction at the educa- tional institvitions and state soliders' and sailors' orphans' homes, to which issues ^f small arms are lawfully made, under such regula- ^ Section 4 of the above enactment contained a clause giving immediate effect to the statute. For other statutes regulating the detail of retired officers at colleges see the paragraphs 945-950, ante. *This paragraph takes the place of paragraph 952. " See paragraphs 849, 850, and 953. MILITARY LAWS OP THE UNITED STATES. 359 tions as the Secretary of War may prescribe, provided the total value of the stores so issued to the educational institutions does not exceed thirty thousand dollars.^ Act of Mar. 3, 1911 {36 Stat. 10o7). 956. Assignment to duty at Soldiers^ Home.—ReiivQdL officers of the Army may be assigned to duty at the Soldiers' Home, upon a selec- tion by the commissioners of that institution, approved by the Secre- tary of War; and a retired officer shall not be assignable to any other duty: Provided, That they receive from the Government only the pay and emoluments allowed by law to retired officers.^ Sec. 1259 R.S. 957. Miscellaneous provisions. — In addition to the detail of retired officers now authorized by law, it shall hereafter be lawful for the Secretary of War to detail, whenever in his judgment the public interests require it, not exceeding twenty retired officers for service in connection with the organized militia in the States or Territories, upon the request of the governor thereof, and such retired officers shall be entitled, while so employed, to receive the full pay and allow- ances of their respective grades. Act of Mar. 2, 1903 {32 Stat. 932). 958. Details for various duties. — The Secretary of War may assign retired officers of the Army, with their consent, to active duty in recruiting, for service in connection with the organized militia in the several States and Territories upon the request of the governor thereof, as military attaches, upon courts-martial, courts of inquiry and boards, and to staff duties not involving service with troops; and such officers while so assigned shall receive the full pay and allowances of their respective grades. Act of Apr. 23, 1904 {^^ Stat. 264). 959. Adjutant-General of District militia.. — The President of the United States may detail as Adjutant-General of the District of * See paragraphs 953 and 954. ^'A retired Army officer is not prohibited by law from holding office in an «teciitive department, nor from receiving the salary thereof in addition to his retired pay. (Collins v. U. S., 15 Ct. Cls., 22; Meigs v. U. S., 19 Ct. Cls., 497.) A retired officer may be employed by the War Department. (Yates v. U. S., 25 Ct. Cls., 296.) See in this connection the act of July 31, 1894 (28 Stat. 205), which permits retired officers to hold office to whicb they have been elected by the people or appointed by the President with the advice and consent -of the Senate. See also section 7 of the act of June 3, 1896 (29 Stat. 235), which" contains the requirement " that section 2 of the act of July 31, 1894 (28 Stat. 205), shall not be so constructed as to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the payment by the proper officer of the Treasury of any amounts agreed upon as compensjition for such employ- ment." This provision operates to exempt from the terms of the act of July 31, 1S94 (sec. 1763, R. S.), all retired officers of the Army or Navy who may be employed by the Engineer Department upon works of river and harbor improve- A retired officer of the Army " holds a lucrative office," and so is ineligible, under the constitution of Texas, to hold civil office in that State. State v. De Gress, 53 Texas, 387. See, also, Hill v. Territory, 2 Wash., 147.) 360 MILITARY LAWS OF THE UNITED STATES. Columbia Militia any retired officer of the Army who may be nomi- nated to the President by the Brigadier-General commanding the District of Columbia Militia, said retired officer while so detailed to have the active service pay and allowances of his rank in the Regular Army. Act of June 6, 1900 {31 Stat. 671). 960. Ineligible for civil office in any Terriiory. — No person belong- ing to the Army or Navy shall be elected to or hold any civil office or appointment ^ in any Territory ,2 except officers of the Army on the retired list.^ Sec. 1860, R. S. 961. Employment of retired officers in time of war. — In time of war retired officers of the Army may, in the discretion of the President, be employed on active duty, other than in the command of troops, and when so employed they shall receive the full pay and allowances of their grades. Sec. 7, Act of Mar. 2, 1899 {30 Stat. 979), RETIREMENT OF OFFICEKS.* 962. Retirement upon officer'^s own application after J^O years' serv- ice. — When an officer has served forty consecutive years as a com- missioned officer, he shall, if he makes application therefor to the President, be retired from active service and placed upon the retired list. When an officer has been thirty years in the service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list. Sec. 12i3, R. S. ^A retired officer of the Army is not ineligible to hold an appointment to a civil office. (XIX Opin. Att. Gen., 283; XV id., 306; Meigs v. U. S., 19 Ct. Cls., 497 ; Converse v. U. S., 21 How., 464 ; U. S. v. Brindle, 110 U. S., 688 ; U. S. v. Saunders, 120 U. S., 126.) "The Constitution, and, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations which are not locally inapplicable, shall have the same force and effect within the said Ter- ritory as elsewhere in the United States: Provided, That sections eighteen hundred and forty-one to eighteen hundred and ninety-one, inclusive, nineteen hundred and ten and nineteen hundred and twelve, of the Revised Statutes, and the amendments thereto, and an act entitled "An act to prohibit the pas- sage of local or special laws in the Territories of the United States, to limit territorial indebtedness, and for other purposes," approved July thirtieth, eight- een hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii. (Sec. 1, act of May 27, 1910, 36 Stat. 443.) ^ This provision amends section 5 of the act entitled "An act to provide a government for the Territory of Hawaii," approved April thirteen, nineteen ' hundred. * It is the practice of the War Department to carry on the unlimited list the following officers: First. Those retired on reaching 64 years of age. Second. Those retired on their own application after 40 years' service. Third. Those previously on the limited list who have reached the age of 64. Fourth. Those retired on approved findings of examination board for promo- tion. Officers placed on the retired list by special acts of Congress are carried on neither the limited nor unlimited lists. There is usually a provision in such acts extending the limited list for each individual case. Such officers are carried under the head of retired [under special acts of Congress]. (See pp. 580 and 581, Army Register for 1914.) By so doing the authorized number on the limited lists stands at 350 without reference to the number retired by special acts. MILITARY LAWS OF TH3 UNITED STATES. 361 963. Retirement at discretion of President after .f5 years' service or at the age of ^^.— When any officer has served forty-five years as a commissioned officer, or is sixty-two years old, he may be retired from active service at the discretion of the' President Sec. 12U, R. S. 964. The same; compulsory retirement at age d^.—On and after the passage of this act when an officer has served forty years either as an officer or soldier in the regular or volunteer service, or both, he shall, if he make application therefor to the President, be retired from active service and placed on the retired list, and, when an officer is sixty-four years of age, he shall be retired from active service and placed on the retired list: Provided, further, That the General of the Army, when retired, shall be retired without reduc- tion in his current pay and allowances ; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. Act of June 30, 1882 {22 Stat. 118), 965. Unlimited retired list, — Nothing contained in the act making appropriations for the support of the Army for the fiscal year end- ing June thirtieth, eighteen hundred and eighty-three, approved June thirtieth, eighteen hundred and eighty-two, shall be so con- strued as to prevent, limit, or restrict retirements from active service in the Army, as authorized by law in force at thje date of the approval of said act, retirements under the provisions of said act of June thirtieth, eighteen hundred and eighty-two, being in addition to those theretofore authorized by law. Act of Mar, 3, 1883 {22 Stat. 457), 966. Retired list. — The vrhole number of officers of the Army on the retired list shall not at any time exceed three hundred and fifty, and imy less number to be allowed thereon may be fixed by the President in his discretion.^ Sec. 1258, R. S,, as amended hy Act of Feb, 16, 1891 {26 Stat, 763). 967. Transfer from limited to unlimited list. — When officers who have been placed on the limited retired list as established by section seven, chapter two hundred and sixty-three, page one hundred and fifty, volume twenty, United States Statutes at Large, shall have attained the age of sixty-four years they shall be transferred from said limited retired list to the unlimited list of officers retired by operation of law because of having attained said age of sixty-four ^ The limited retired list was established by section 16, of the act of August 3, 1861 (12 Stat. 289), which provided that the number of officers retired in ac- cordance with the authority conferred by the act should not, at any time, ex- ceed 7 per cent of the whole number of officers of the Army as fixed by law. By section 5, of the act of July 15, 1870 (16 Stat. 317, sec. 1258, R. S.), the number of officers to be borne upon the retired list was to be determined by the President, in his discretion, but was not to exceed 300. By section 7, of the act of July 17, 1878 (20 Stat. 150), the number of retired officers was increased to 400. By the act of February 16, 1891 (26 Stat. 763), the number was re- duced and fixed at 350, the number now authorized by law. For statutes in relation to the retirement of officers found physically disqualified for promotion by boards of examination see paragraphs 930 and 931, ante. 362 MILITARY LAWS OF THE UNITED STATES. years. And the limited retired list shall hereafter consist of three hundred and fifty instead of four hundred, as now fixed by law: Provided^ That officers who have been placed on the retired list by special authority of Congress shall not form part of the limited retired list established by this act. Act of Feb. 16^ 1891 {26 Stat. 763). 968. Retirement for disability. — When any officer has become in- capable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided.^ Sec. 121^6^ R. S. 969. Special advancement in grade. — Any officer of the Army below the grade of brigadier-general who served with credit as an officer or as an enlisted man in the regular or volunteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, other- wise than as a cadet, and whose name is borne on the official register of the Army, and who has heretofore been, or may hereafter 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: Provided, That this Act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been restored to the Army and placed on the retired list by virtue of the provisions of a special Act of Congress. Act of Apr, 23,19011, {33 Stat. 264.). 970. Same. — Officers who served creditably in the regular or vol- unteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, and who now hold the rank of brigadier- general on the active list of the Army, having previously held that rank for three years or more, shall, when retired from active service, have the rank and retired pay of major-general. Act of Mar. 2, 1907 {34 Stat. 1163). 971. Same. — Commissioned officers of the Army, Navy, and Marine Corps on the retired list whose rank has been or shall hereafter be advanced by operation of or in accordance with law shall be entitled to and shall receive commissions in accordance with such advanced rank. Act of Mar. 4, i911 {36 Stat. 1354). 972. General officers. — Hereafter no officer holding a rank above that of colonel shall be retired except for disability or on account of having reached the age of sixty-four years until he shall have served at least one year in such rank.^ Act of June 12, 1906 {34 Stat. 245). ^ For the sections providing method of procedure see paragraph 982, post. ''' See paragraph 655, ante, as to section 7, Act of June 18, 1878 (20 Stat. 150), providing that volunteer service shall be counted in computing service £ot longevity pay and retirement. MILITARY LAWS OF THE UNITED STATES. 363 973. Head of a staff department. — Any officer now holding office in any corps or department who shall hereafter serve as chief of a staff corps or department and shall subsequently be retired, shall be retired with the rank, pay, and allowances authorized by law for the retirement of such corps or department chief. Sec. 26, Act of Feb. 2,1901 {31 Stat. 756). 974. Limitation to retired pay above grade of major. — Retired officers of the Army above the grade of major, heretofore or here- after assigned to active duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the United States. Act of Mar. 2, 1905 (SS Stat. 831 ) . 975. Pay and allowances on active duty. — A colonel or lieutenant- colonel heretofore or hereafter assigned to active duty shall hereafter receive the same pay and allowances as a retired major would receive under a like assignment. Act of June 12, 1906 (34 Stat. 24S). RETIRING BOARDS. 976. Composition of retiring board. — The Secretary of War, under the direction of the President, shall, from time to time, assemble an Army retiring board, consisting of not more than nine nor less than five officers, two-fifths of whom shall be selected from the Medical Corps. The board, excepting the officer selected from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of.^ Sec. 1246, R. S. 977. Oath of members.— The members of said board shall be sworn in every case to discharge their duties honestly and impartially. Sec, 1247, R. S. 978. Powers and duties. — A retiring board may inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. Sec. 1248, R.S. 979. Findings.— When the board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. Sec. 1249, R. S. • 4. 980. Revision by the President.— The proceedings and decision of the board shall be transmitted to the Secretary of War, and shall be laid by him before the President for his approval or disapproval and orders in the case. Sec. 1250, R.S. 981. Disability incident to service.—When a retiring board hnds that an officer is incapacitat ed for active service, and that his mca- ^For decisions upon questious arising iu connection wilH retiring boards see Dig. Op. J. A. G., 983-991, edition of 1912. 364 MILITARY LAWS OF THE UNITED STATES. pacify is the result of an incident of service, and such decision is ap- pro Aed by- the President, said officer shall be retired from active serv- ice and placed on the list of retired officers. Sec. 1251^ R. S. 982. Disability not incident to service. — When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President,^ the officer shall be retired from active service, or wholly retired from the service, as the President may de- termine. The names of officers wholly retired from the service shall be omitted from the Army Register.^ Sec. 1262^ R. S. 983. Officers entitled to a hearing. — Except in cases where an officer may be retired by the President upon his own application, or by reason of his having served forty-five years, or of his being sixty- two yea-rs old, no officer shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it.^ Sec. 1258^ R. S, 984. To he retired on actual rank. — Officers hereafter retu*ed from active service shall be retired upon the actual rank held by them at the date of retirement. Sec. 125Jf^ R. S. 985. Officers retired on actual rank. — That all officers of the Army who have been heretofore retired by reason of disability arising from wounds received in action shall be considered as retired upon the actual rank held by them, whether in the regular or volunteer service, at the time when such wound was received, and shall be borne on the retired list and receive pay hereafter accordingly; and this section shall be taken and construed to include those now borne on the retired list placed upon it on account of wounds re- ceived in action : Provided^ That no part of the foregoing act shall 1 The finding of a retiring board, approved by the President, is conclusive as to the facts. The board finds the facts and the President approves or disap- proves the finding, but the law does not empower him to modify the finding or to substitute a different one. There is here a judicial power vested in the two, and not in the President acting singly, and when the power has once been fully exercised it is exhausted as to the case. (Dig. Opin. J. A. G., 987; U. S. v. Burchard, 125 U. S., 179; U. S. v. Miller, 19 Ct Cls., 338.) When the President has once acted upon the findings of- a retiring board his power over the case is exhausted and his subsequent orders in respect to such oflicer are void for want of authority. (XIX Opin. Att. Gen., 202.) * To be " wholly retired," in accordance with the terms of this section, is to be put out of the Army and out of oflace. An officer wholly retired becomes a civilian, and can be readmitted to the service only by a new appointment. (Miller v. U. S., 19 Ct. Cls., 338.) * When the President approves and acts upon the report of a retiring board he thereby determines that the officer has had a full and fair hearing. (Miller V. U. S., 19 Ct. Cls., 338. But see XVI Att. Gen. Opin., 20.) An officer, on being wholly retired, becomes a civilian, and can be readmitted to the service only by a new appointment. But he can not be appointed at once to the retired list. A civilian can not be appointed as a retired officer. He must first be appointed an officer on the active list, of a certain rank. None but a commissioned officer on the active list of the Army can be placed on the retired Ust. (XIX Opin. Att. Gen., 202.) I 1^ MILITARY LAWS OP THE UNITED STATES. 365 hose retired officers who had lost an arm or eg t Iran arr^ or leg permanently disabled by reason of resecttn, on acoouU of wounds, or both eyes by reason of wounds received in battle and erery such officer now borne on the retired lict «holI ), !? ^ thereon notwithstanding the provisions "; St on tt haptHZ' eight act of March thirty, eighteen hundred and sixty eghS cV f VT*''' *'"* "° ''''''^ °ffi<=- ^hall be affe^cted by tTif a who ha« been retired or may hereafter be retired on the r nk S 'ol^ZtJZ """' '' "'' -"^'^'"^"*-' '-■ '' ^'' "^ ^- ^' 986. Statm.~0^^^^ retired from active service shall be with- drawn from command and from the line of promotion. Sec. im, 987. Vacancies caused hy retirement. --W^^n any officer in the line of promotion is retired from active service, the next officer in rank shall be promoted to his place, according to the established rules of the service; and the same rule of promotion shall be applied, suc- Tm^R's vacancies conseqtfent upon such retirement. Sec. 988 Rights and liabilities. —OSicers retired from active service shall be entitled to wear the uniform of the rank on which thev may be retired. They shall continue to be borne on the Armv Register and shall- be subject to the rules and articles of war, and to trtal by general court-martial for any breach thereof.^ Sev. 1^66, R S 989. Clerks to retired officers prohibited.—Hereatter no allowance or compensation for clerks or secretaries of officials of the United States retired from active service shall be authorized. Act of July 1, 1898 (30 Stat. 644) ■ 990. Holding txoo offices hy persons receiving $2,600 forbidden — Retired officers excepted.~iio person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five -hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially hereto- fore or hereafter specia lly authorized thereto by law; but this shall \'^^^ ^^^-^^J'^^^'^^ ^' '^^''^' sbould be construed to have a prosneetire effect onJy. (XIX Opin. Att. Gen., 610.) . ^ retired officer is subject to trial by court-martial, and a conrt-marti.al has jurisdiction of offenses committed after tlie officer was retired. (Runkle v V. S., 19 Ct. CIS., 396.) An officer on tlie retired list, being as ranch a part of the -irmy as anv officer on the active list, would be subject to trial by general court-martia) inde- pendently of the provision, specifically so subjecting him. of section 1256. Revised Statutes. (Dig. Opin. J. A. G., par. 2200, edition 1901.) A retired officer, upon conviction, may be sentenced similarly to an officer on the active list, excejrt that the punishments of sus|)ension and loss of flies or relative raulj are not appropriate to the status of a retired officer. (Id., note 2.) ^66 MILITARY LAWS OF THB UNITED STATES. not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office, by and with the advice and consent of the Senate. Sec, 2, Act of July 31, 189^ {28 Stat. 205) . 991. Restoration of dismissed officers. — No officer of the Army who has been or may be dismissed from the service by the sentence of a general court-martial, formally approved by the proper review- ing authority, shall ever be restored to the military service, except by a reappointment confirmed by the Senate.^ Sec. 1228, R. S. 992. Officers dropped for desertion. — The President is authorized to drop from the rolls of the Army for desertion any officer who is absent from duty three months without leave; and n*o officer so dropped shall be eligible for reappointment. And no officer in the military or naval service shall in time of peace be dismissed from service except upon and in pursuance of the sentence of a court- martial to that effect, or in commutation thereof.^ Sec. 1229, R. S. 993. Same, amendment. — That the President be, and he is hereby, authorized to drop from the rolls of the Army any officer who is absent from duty three months without leave, or who has been absent in confinement in a prison or penitentiary for more than three months after final conviction by a civil court of competent jurisdic- tion; and no officer so dropped shall be eligible for reappointment.^ Act of Jan. 19, 1911 {S6 Stat. 894). 994. Officers dismissed by President may demand trial. — When any officer, dismissed by order of the President, makes, in writing, ^The practical results of this statute, in connection with other provisions of law bearing upon the subject, are these: That in time of war the President may dismiss an officer from service at any moment and for any cause; that in time of peace he may dismiss him for cause, with the cooperation of a court- martial ; or remove him without cause with the consent of the Senate. (Street V. U. S., 24 Ct CIS., 248 ; Blake v. V. S., 103 U. S., 227 ; McElrath v. U. S., 102 U. S., 426; Fletcher v. U. S., 26 Ct. Cls., 541.) The President has the power to remove an officer of the Army by the appoint- ment of another in his place, by and with the advice and consent of the Senate, and such power is not withdrawn by the provisions of section 5 of the act of July 13, 1866 (sec. 1229, R. S.), and this provision does not restrict the power of the President, by and with the advice and consent of the Senate, to displace officers of the Army and Navy by the appointment of others in their places. (Keyes v. U. S., 109 U. S., 336, 339; Blake v. U. S., 103 U. S., 227; McElrath v. U. S., 103 U. S., 426 ; Mimmack v. U. S., 97 U. S., 426 ; U. S. v. Corson, 114 U. S., 619; Montgomery v. U. S., 19 Ct Cls., 370; Bonnett v. U. S., id., 379; Palen v. V. S., id., 389 ; McBlair v. U. S., id., 528 ; Vanderslice v. U. S., id., 480 ; XV Opin. Att. Gen., 407.) As to the distinction between a removal from office and the punishment of dismissal by sentence of a general court-martial, see Dig. Opin. J, A. G., 819, E. 2a. ^ The jurisdiction to find and determine the fact of desertion, under this sec- tion, is vested in the President alone, and his decision thereon can not be re- viewed by the courts. (Newton v. U. S., 18 Ct. Cls., 435.) The discharge of an officer does not relieve the Government from its obligations until he is notified of the fact and actually discharged from service. (Gould v. U. S., 19 Ct. Cls., 593.) •This paragraph amends section 1229 of the Revised Statutes as contained in the preceding paragraph. MILITAKY LAWS OF THE UNITED STATES. 367 an application for trial, setting forth, under oath, that he has been wrongfully dismissed, the President shall, as soon as the necessities of the service may permit, convene a court-martial, to try such officer on the charges on which he shall have been dismissed. And if a court-martial is not so convened within six months from the pres- entation of such application for trial, or if such court, being con- vened, does not award dismissal or death as the punishment^f such officer, the order of dismissal by the President shall be void.^ Sec. 1230, R. S. 995. Accepting or holding civil office. — No officer of the Army on the active list shall hold any civil office, whether by election or ap- pointment, and every such officer who accepts or exercises the func- tions of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby vacated.^ Sec. 1222, R. S. 996. Duties upon which officers of the Army are not to he em- ployed. — No officer of the Army shall be employed on civil works or internal improvements, or be allowed to engage in the service of any incorporated company, or be employed as acting paymaster or disbursing agent of the Indian Department, if such extra employ- ment requires that he shall be separated from his company, regiment, or corps, or if it shall otherwise interfere with the performance of the military duties proper. Sec. 122 J^, R. S., as amended hy Act of Feh. 27, 1877 (19 Stat. 2Jt3). 997. Accepting diplomatic or consular office. — Any officer of the Army who accepts or holds any appointment in the diplomatic or consular service of the Government shall be considered as having ^This statute was held by the Attorney-General (XII Opins., 4) not to be unconstitutional, in that it was not " obnoxious to the objection that it invades or frustrates the power of the President to dismiss an officer." More serious objections to its constitutionality are believed to be: (1) That it authorizes the subjecting to military trial of a civilian; (2) that in restoring an officer to tlie Army it substitutes the action of a court-martial for the appointing power of the President. ' The statute does not indicate within what period after dismissal the appli- cation for a trial should be made. It can only be said that, in preferring it, due diligence should be exercised — that it should be presented within a reason- able time. Held, that a party who (without any sufficient excuse) delayed for nine years to apply for a trial under the statute might well be regarded as having waived his right thereto. (IV Opin. Att. Gen., 170; V id., 384.) To take advantage of the benefit conferred by this section the officer must apply for trial within a reasonable time after dismissal, or acquiescence will be presumed. A delay of nine years in a particular case* held to create such presumption of acquiescence. (Newton v. U. S., 18 Ot. Cls., <^35; Germaine v. U. S., 26 id., 383.) Where the President is authorized by law to reinstate a discharged Army officer, he may do so without the advice and consent of the Senate. (Collins v. U. S., 15 Ct. Cls., 22.) For a list of officers so reinstated see Collins case. (14 Ct. Cls., 568. 571.) ' Where an officer of the Army was tendered a place on a " board of experts " created by a city ordinance to determine the most durable and best pavement for the streets of a city, advised that, in view of the provisions of section 1222 of the Revised Statutes, the place be not accepted by the officer. (XVIII Opin. Att. Gen., 11.) 368 MILITARY LAWS OF THE UNITED STATES. resigned his place in the Army, and it shall be filled as a vacancy.^ Sec. ims, R. S. 998. Supernumerary officers may^ on their own request^ he dis- charged with certain pay. — That any officer who is supernumerary to the permanent organization of the Army as provided by law may, at his own request, be honorably discharged from the Army, and shall thereupon receive one year's pay for each five years of his service, but no officer shall receive more than three year's pay in all. Act of June 30, 1882 {22 Stat. 118) . *Tlie act of March 30, 1868 (15 Stat. 58), which is embodied in section 1223 of the Revised Statutes, applied to officers on the retired as well as on the active list, and it made the acceptance of the diplomatic vacate the military office eo instanti; the vacancy thus created necessarily continuing until filled in the usual way. (XIX Opin. Att. Gen., 610.) The act of July 31, 1894 (28 Stat. 205), paragraph 990, ante, does not authorize a retired officer to accept a position prohibited by this paragraph. CHAPTER XXV. BREVETS— UNIFOEM AND TITLE OF EX-OFFICERS— MEDALS OF HONOR— CERTIFICATES OF MERIT— FOR- EIGN DECORATIONS. Brevets : Brevet rank Same — for gallant service against hostile Indians Same — shall bear date from par- ticular action or service Same — shall bear date from pas- sage of act Same — to be honorary Same — only when actually en- gaged in hostilities Same — shall wear uniform of actual rank : Same — ihall be addressed by title of actual rank Same — uniform of highest volun- teer rank Same— uniform of highest regu- lar rank Same — uniform of highest rank in regulars or volunteers dur- ing War with Spain Discrimination against persons wearing uniforms Foreign decorations Same — to be tendered through • Department of State • Medals of honor 1013- Same — ^President may cause to be issued Par. 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 -1017 1013 1016 1017 Medals of honor — Continued. Par. Same — may be awarded after separation from the service. . . 1014 Same — may be replaced when lost or destroyed 1015 Same — not required to surrender old, when replaced by new . . Same — rosette, or knot, and rib- bon to be worn ia lieu of and with Certificates of merit 1018 Corps badges and insignia of socie- ties 1019 Military society badges 1020 Distinctive badge adopted by Regu- lar Army and Navy Union 1021 Same — adopted by Army and Navy Union 1022 Same — adopted by military so- cieties of men who served dur- ing Spanish-American War. . Same — adopted by military so- cieties of men who served dur- ing Chinese relief expedition . Same — unlawfully wearing in the District of Columbia the insignia, badge, etc., of the military order of the Loyal Legion, Grand Army of the Republic, etc 1025 1023 1024 BREVETS. 999. Brevet ranh. — The President, by and with the advice and consent of the Senate, may in time of war confer commissions by brevet upon commissioned officers of the Army for distinguished conduct and public service in presence of the enemy.^ Sec. 1209^ R. S. ^ Several brevet nominations were submitted to the Senate in the first session of the Fifty-seventh Congress (1901-2). The Committee on Military Affairs submitted a report (S. Doc. No. 195, 57th Cong., 2d sess.) upon these nomina- tions. The committee concluded that there existed no authority of law to issue brevet commissions in time of peace. Consequently ko Jong as section 1209, Revised Statutes, remains unchanged brevet commissions will be issued only in time of war. 820G1"— 17- -24 370 - MILITARY LAWS OF THE UNITED STATES. 1000. Same — For gallant service against hostile Indians. — The President of the United States be, and he is hereby, authorized and empowered, at his discretion, to nominate and, by and with the ad- vice and consent of the Senate, to appoint to brevet rank all oiRcers of the United States Armj'^ now on the active or retired list who by their department commander, and with the concurrence of the Com- manding Greneral of the Army, have been or may be recommended for gallant service in action against hostile Indians since January first, eighteen hundred and sixty-seven. Sec. 1^ Act of Feh. 27, 1890 {26 Stat. 13), 1001. Same — Shall hear date froTti particular action or service. — Brevet commissions shall bear date from the particular action or service for which the officers were bre vetted. Sec. 1210, R. S. 1002. Same. — Shall hear date from passage of act. — Such brevet commissions as may be issued under the provisions of this act shall bear date only from the passage of this act: Provided, however, That the date of the particular heroic act for which the officer is promoted shall appear in his commission. Sec. 2, Act of Feh. 27, 1890 {26 Stat. 13). 1003. Same — To he honorary. — Brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence or com- mand not already provided for in the statutes which embody the rules and articles governing the Army of the United States. Sec. 3, id., IJf. 1004. Same — Only when actually engaged in hostilities. — Officers of the Army shall only be assigned to duty or command according to their brevet rank when actually engaged in hostilities.^ Act of Mar, 3,1883 {22Stat.J^57). 1005. Same — Shall wear uniform of actual rank. — No officer shall be entitled, on account of having been bre vetted, to wear, while on duty, any uniform other than that of his actual rank. Sec. 1212, R. 8. 1006. Same — Shall he addressed hy title of actual ranJc.—^o officer shall be addressed in orders or official communications by any title other than that of his actual rank Sec. 1212, R. S. 1007. Same — Uniform of highest volunteer rank. — All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, * When an officer has been duly assigned to duty or command according to a certain brevet rank, that rank becomes his actual military rank for the period of the assignment. He is empowered to exercise the authority which belongs to such rank under the circumstances, to wear the uniform, and to be addressed by the title of such rank, etc. Held, however, that a colonel, assigned to com- mand according to a brevet rank of general, was not entitled to the aid&-de-camp of a general except by the authority of the Secretary of War. (Dig. Opin. J, A. G., 969 B 1, edition, 1912.) MILITARY LAWS OF THE UNITED STATES. ' 371 by brevet or other commissions, in the volunteer service. The highest vohmteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Reg- ister. But these privileges shall not entitle any officer to command, pay, or emoluments. Sec. 1226^ R. S, 1008. Sam,e — Uniform of highest regular rank. — All officers who have served during the rebellion as officers of the Regular Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six. Re- vised Statutes. Act of Pel, 4, 1897 {29 Stat, 611). 1009. Same — Uniform of highest rank in regulars or volunteers dui'ing war with Spain. — All officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service, by resignation or otherwise, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other com- mission in the regular or volunteer service. Sec. 3i^ Act of Feb. 2, 1901 {31 Stat. 757). 1010. Discrim^ination against persons wearing uniforms. — Here- after no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Co- lumbia, or in any Territory, the District of Alaska or Insular pos- session of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue- Cutter Service or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misde- meanor, punishable by a fine not exceeding five hundred dollars.^ Act of Mar. 1, 1911 {36 Stat. 963). 1011. Foreign decorations. — That no decoration, or other thing the acceptance of which is authorized by this act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent ^The followini? States have laws prohibiting anyone not in military service from wearing military uniforms: Alabama, Arizona, Arkansas, California, Con- necticut, Florida, Georgia, Idaho, Illinois. Iowa, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, and Wisconsin. The following States prohibit the wearing of National Guard uniform by anyone not a member of the Guard: Colorado, Massachusetts, and Wyoming. The following States have laws prohibiting discrimination against uniforms: Connecticut, Florida, Massachusetts, Minnesota, New Hampshire, New York, Oklahoma, Pennsylvania, Rhode Island, and Wyoming. 372 MILITAEY LAWS OF THE UNITED STATES. of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec, 2, Act of Jan. SI., 1881 (21 Stat, 60Ji] . 1012. Same — To he tendered through Department of State. — That hereafter any present, decoration, or other thing which shall be con- ferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Sec. 3, Id. MEDALS OF HONOR. 1013. Same — President may cause to he issued. — That the Presi- dent cause to be struck, from the dies recently prepared at the United States Mint for that purpose, "medals of honor" additional to those authorized by the act (resolution) of July 12, 1862, and present the same to such officers, noncommissioned officers, and pri- vates as have most distinguished, or may hereafter most distinguish themselves in action.^ Sec. 6, Act of Mar. 3, 1863 {12 Stat. 751). 1014. Same — May he awarded after separation from the service. — For three thousand medals of honor to be prepared, with suitable emblematic devices, upon the design of the medal of honor here- tofore issued, or upon an improved design, together with appro- priate rosettes or other insignia to be worn in lieu of the medal, and to be presented by direction of the President, and in the name of ^ This provision was not embraced in the Revised Statutes. Medals of honor will be awarded by the President to officers and men who most distinguish themselves in action. (Pafs. 182, 183, and 188, A. R., 1913; see also G. O. 42, A. G. O., 1897, and G. O. 135, A. G. O., 1899.) As section 6 of the act of March 3, 1863 (12 Stat 751), provides for the award of the medal of honor under certain conditions to officers, noncommissioned officers, and privates only, held, that it may not be awarded for distinguished services in action by a contract or acting assistant surgeon, who is no longer in the service. (Dig. Opin. J. A. G., lb, 665, edition, 1912.) See also 20 Opin. Atty. Gen., 421, in which advice was given not to grant the medal, as when the application was received, nearly 28 years after the gallant conduct, there was no official record on file in the War Department to sub- stantiate the claim. See 24 Opin. Atty Gen., 580, in which it is held that the fact that after the application or recommendation is made the applicant leaves the service does not prevent the Presrident from making the award. A medal of honor is a recognition of gallantry which is granted by authority of Congress to such officers or enlisted men " as have most distinguished them- selves in action." When a medal is conferred there is included in the grant a conveyance of ownership of the medal, regarded as a chattel, which becomes the property of the grantee and is subject to such disposition as he may see fit to make of it as a part of his personal estate, subject, however, to the qualification that it may be worn and used as a medal of honor only by the person upon whom it was originally conferred in recognition of his military services. (Id., Ic, 665.) MILITARY LAWS OF THE UNITED STATES. 373 Congress, to such officers, noncommissioned officers, and priv^ates as have most distinguished, or may hereafter most distinguish, them- selves by their gallantry in action, twelve thousand dollars: Pro- vided^ That the Secretary of War be, and he is hereby, authorized and directed to use so many of the medals and rosettes or other insignia provided for by this Act as may be necessary to replace the medals that have been issued under the joint resolution of Congress approved July twelfth, eighteen hundred and sixty- two, and section six of the Act of Congress approved March third, eighteen hundred and sixty-three: And provided further^ That whenever it shall appear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award of the Congressional medal of honor under the provisions of the sixth section of the Act of Congress approved March third, eighteen hundred and sixty-three, entitled "An Act making appropriations for the sundry civil expenses of the Government for the year ending June thirtieth, eighteen hundred and sixty-four, and for the year ending the thirtieth of June, eight- een hundred and sixty-three, and for other purposes," the fact that the person who so distinguished himself has since become separated from the military service, or that the award of the medal to him was not specifically recommended or applied for while he was in the said service, shall not be held to prevent the award and presentation of the medal to such person under the provisions of the law herein- before cited.i Act of Apr. 23, 190^ {S3 Stat,, 27 i). 1016. Same — May he replaced ivhen lost or destroyed. — That in any case where the President of the United States has heretofore, under any Act or resolution of Congress, caused any medal to be made and presented to any officer or person in the United States on account of distinguished or meritorious services, on a proper showing made by such person to the satisfaction of the President that such medal ^The act of April 23, 1904 (33 Stat. 274), provides, "Whenever it shall ap- pear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award" of the medal of honor under the then existing law, the award shall not be prevented by the fact that the person has since become separated from Ujilitary service, or that it was not recommended or applied for while he was in the service. Held, that the "official record" is one that must have been made by an officer of the Army pursuant to statute, regulation, orders, or custom. Held, further, that an oral recommendation was not an "official record," and, therefore, could not be the basis of the award of a medal. (Dig. Opin. J. A. G., A 2a, 665; see, also, Cir. 22, 1905, War. Dept.) The recommendation for a medal of honor was not made until more than a year had elapsed after the gallant conduct upon which it was based, i. e., July 1, 1863. Held, that under the legislative rule fixed by the act of April 23, 1904 (33 Stat. 274), if it shall appear from the official records in the War De- partment that an officer or enlisted miin has so distinguished himself in action as to entitle him to the award under the act of March 3, 1863 (12 Stat. 751), the award may be made. (Id., 2d, 666.) 374 MILITABY LAWS OF THE UNITED STATES, has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a duplicate of such medal, the cost of which shall be paid out of any money in the Treasury not otherwise appropriated.^ Joint resolu- tion No. 23 of Apr, 15, 19dJf {33 Stat, 688), 1016. Same — Not required to surrender old when replaced hy new. — The holders of medals of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and sixty-three, shall not be required to surrender such medals in case such medals are replaced, in pursuance of the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four; and that wherever the holders of such medals of honor have surrendered them, in order to receive the medals provided for by said Act approvied April twenty- third, nineteen hundred and four, such medals shall be returned to them: Provided,, That no recipient of both medals shall wear both medals at the same time. Joint resolution No, 17 of Feh. 27, 1907 (31^ Stat, 11^22), 1017. Same — Rosette, or knot, and rihhon to he worn in lieu of and with, — The Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the joint reso- lution approved July twelfth, eighteen hundred and sixty-two, and the act approved March third, eighteen hundred and sixty-three, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal ; said rosette, or knot, and ribbon to be each of a pattern to be prescribed and established by the President of the United States; and any appropriation that may hereafter be avail- able for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That when- ever a ribbon issued under the provisions of this act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it is issued, the Secretary of War shall cause a new ribbon to be issued to such person without charge therf or. Joint resolution No. 61, May 2, 1896 {29 Stat. 1^73) . 1018. Certificates of merit. — When any enlisted man of the Army shall have distinguished himself in the service the President ma}^, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him ^ Held, that the President has no authority under the act of April 23, 1904 (33 Stat. 274), to refuse to replace a medal that was awarded under the joint resolution of July 12, 1862 (12 Stat. 623), and the act of March 3, 1863 (X2 Stat. 751), when the same is presented for that purpose by its owner. (Dig, Opin. J. A. G., 2b, 665.) MILITARY LAWS OF THE UNITED STATES. 375 a certificate of merit.^ Sec. 1216^ R. S., as amended hy Act of Mar. 29,1892 {27 Stat. 12). 1019. Corps hadges - and insignia of societies. — All persons who have served as officers, noncommissioned officers, privates, or other enlisted men in the Eegular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been hon- orably discharged from the service or still remain in the same,-shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, re- spectively, in which they served. Sec. 1227, R. S. 1020. Military society hadges. — That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexican war, and the war of the rebellion, respectively, may be worn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organizations in their own right.^ Joint resolu- tion No, SO, of Sept. 25, 1890 {26 Stat. 681). 1021. Distinctive hadge adopted hy Regular Army and Navy Union. — That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men in the Army and Navy of the United States who are members of said organization. Joint resolution No. 26, of May 11, 1891^ {28 Stat. 683). ^For section 2, act of February 9. 1891 (26 Stat 737). providing that a certifi- cate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of $2 per month while he is in the military service, although such service may not be continuous, see paragraph 719, ante. See, also, 24 Op. Atty. Gen., 127, Sept. 23, 1902, and IX Comp. Dec., 160, Oct 24, 1902. In Bell V. U. S.. 28 Ct. Cls., 462, it was held that a soldier to whom, when a member of an infantry regiment, had been granted a certificate of merit, waa entitled to continue to receive the additional pay after reenlisting in the " gen- eral messenger service." See McNamara v. U. S., 28 Ct. Cls.. 416, where it is held that the act of Feb- ruary 9, 1891, is retroactive, and entitled the beneficiary to the additional pay from the date of the service for which the certificate was awarded. See, to a similar effect, the opinion of the Attorney-General in XVI Opins.. 9 ; also the subsequent G. O. 28, Hdqrs. of Army, 1878. ' See Dig. Op. J. 4. G., 668-9 B 1-2. Also G. O. No. 4, War Dept, 1905, as amended by G. O. 129, 1908. See also Cir. 82, War Dept. 1908, and G. O. 96 and 97, War Dept., 1909. For section 1296, Revised Statutes, authorizing the President to prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States, see paragraph 571, ante. ' Held, that the words " in their own right " which occur in those laws which authorize the wearing of certain society badges mean " right " because of their own service or because of their kinship to one who had been in the service. (Dig. Opin. J. A. G., A 1,668.) 376 MILITARY LAWS OF THE UNITED STATES. 1022. Same — AdojHed hy Army and Navy Union. — The distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of cere- mony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint resolu- tion No, 18 of Mar, 2, 1907 {3i Stat. lJf23), 1023. Same — Adopted hy military societies of men loho served dur- ing Spanish- American War. — The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines may be Avorn, upon all occasions of ceremony, by officers and men of the Army and Navy of the United States who are members of said organizations in their own right. ^ Sec. J^l^ Act of Fel. 2, 1901 {31 Stat. 768). 1024. Same — Adopted hy military societies of men who served during Chinese relief expedition. — The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. Joint resolution No. % of Jan. 12, 1903 {32 Stat, 1229). 1025. Same — Unlawfully wearing in the District of Columhia the insignia, hadge, etc., of the Military Order of the Loyal Legion, Grand Army of the Repuhlic, etc. — Whoever, in the District of Columbia, not being a member of the Military Order of the Loyal Legion of the United States, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Union Veteran's Union, of the Union Veteran Legion, of the United Span- ish War Veterans, of the National Society of the Daughters of the American Revolution, and not entitled under the rules of the order to wear the same, willfully wears or uses the insignia, distinctive ribbon, or badge of membership, rosette, or button thereof, or who uses or wears the same to obtain aid or assistance thereby, shall be punished by a fine of not more than twenty dollars or by imprison- ment for not more than thirty days, or by both such fine and im- prisonment. Act of Mar. 15, 1906 {34 Stat. 62), ^An organization entitled " Batson's squadron of Philippine cavalry" was formed from among the civilian employees of the Quartermaster's Department during the Philippine insurrection. Its employment was assimilated, in all of its essential incidents, to that of the Philippine Scouts and guides whose serv- ices are obtained by contract and paid for out of the appropriation for inci- dental expenses. But the squadron was actually paid out of insular funds furnished for that purpose to the Quartermaster's Department. Held, there- fore, that the members of that squadron are not entitled to the Philippine cam- paign badge. (Dig. Opin. J. A. G., 669 B 3.) CH^FTER XXVI. ENLISTED MEN, Par. Enlistment 1026-1033 General qualifications 1026 Persons not to be enlisted 1027 Enlistment of minors 1028 Age, citizenship 1029 Term of enlistment 1030 Enlistment and enlistment in the Reserve 1031 Premium for recruits 1032 Fraudulent enlistment 1033 Reenlistment 1034-1035 Reenlistment 1034 Period of enlistment 1035 Transfer of enlisted men 1036-1037 Transfer from military to naval service 1036 Transfer to Hospital Corps 1037 Retirement 1038-1042 Retirement of enlisted men 1038 War service to count as double time 1039 Credit for foreign service 1040 Same 1041 Credit not to be given for foreign service 1042 Discharge 1043-1049 By purchase 1043 Dependency of parent 1044 Transportation on discharge 1045 Sea travel 1046 Lost certificate 1047 Issued under true name 1048 Suspension of dishonorable dis- charge 1040 Par. Desertion 1050-1055 Rights of citizenship forfeited. 1050 Certain exemptions 1051 Reenlistment of deserters and soldiers whose last preceding term of enlistment was not honest and faithful 1052 Not entitled to bounty land. . . 1053 Forfeiture of pension 1054 Aiding, persuading, enticing to desert 1055 Apprehension of deserters — re- wards 1056-1058 T\Tio may arrest deserters 1056 Civil officers having power to arrest 1057 Civil officer or civilian 1058 Deceased soldier 1059-1063 Settlement of accounts 1059 Same and Navy and Marino Corps 1060 Gratuity 1061-1062 Expense of interment, etc 1063 Citizenship 1064-1066 Aliens honorably discharged. .. 1064 Same from Navy 1065 Naturalization of seamen 1066 Miscellaneous provisions: Exemption from arrest for debt 1067 Not to be used as servants 1068 Employment as stenographers. 1069 Remount — detachments at re- mount depots 1070 ENLISTMENT. 1026. General gualif cations. — Recruits enlisting in the Army must be etfective and able-bodied men, and between the ages of sixteen 377 378 MILITARY LAWS OF THE UNITED STATES. and thirty-five years, at the time of their enlistment.^ This limita- tion as to age shall not apply to soldiers reenlisting. Sec. 1116^ R. S. 1027. Persons not to he enlisted. — No minor under the age of six- teen years,^ no insane or intoxicated person, no deserter from the military service of the United States, and no person who has been convicted of a felony shall be enlisted or mustered into the military service.^ Sec. 1118., R. S. 1028. Enlistment of minors. — No person under the age of twenty- one years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guard- ians: Provided., That such minor has such parents or guardians en- titled to his custody and control. Sec. 1117^ R. S. 1029. Age., citizenship.— In time of peace no person (except an Indian) who is not a citizen of the United States, or who has not made legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty-five years of age, shall be enlisted for the first enlistment in the Army.* Sec. 2, Act of Aug. 1, 189Jf {28 Stat. 216), as amended hy Sec. 4, Act of Mar. 2, 1899 {30 Stat. 978). *The requirements of section 1116, Re- ised Statutes, in respect to the limits of age for recruits upon their original enlistment into the military service have been modified by the act of February 27, 1893 (27 Stat. 4S6), which established the superior limit at 30 years in time of peace, and by section 4 of the act of March 2, 1899 (30 Stat. 978), which fixes the limits of age for original enlist- ments at from 18 to 35 years. Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed no breach of contract destroys the new status or relieves from the obligations which its existence imposes. * * * By en- listment the citizen becomes a soldier. His relations to the State and the pub- lic are changed. He acquires a new status, with correlative rights and duties, and although he may violate his contract obligations, his status as a soldier is unchanged. He can not of his own volition throw off the garments he has once put on, nor can he, the State not objecting, renounce his relations and destroy his status on the plea that, if he had disclosed truthfully the facts, the other party, the State, would not have entered into the new relations with him or permitted him to change his status. (U. S. v. Grimley, 137 U. S., 147.) See Dig. Op. J. A. G., chapter Enlistment, 602-624. The age of enlistment for minors in the Navy is 14 years. (Act of Aug. 22, 1912, 37 Stat. 356.) '^ As to minimum age of enlistment, see paragraph 1026, ante. 'The "enlistment contract of a minor is void when the recruit is under 16, with or without the consent of the parent. (In re Lawler, 40 Fed. Rep., 233.) It is not void, but voidable only, as to minors between 16 and 21. (U. S. v. Morrissey, 137 U. S., 157.) It is not voidable at the instance of the minor. (Id.) It is voidable at the instance of the parent or guardian. (Com. v. Blake, 8 Phil., 523; Turner v. Wright, 5 id., 296; Menges v. Camac, 1 Serg. and R., 87; Hen- derson V. Wright, id., 299; Seavey v. Seymour, 3 Cliff., 439; In re Cosenow, 37 Fed. Rep., 668; In re Hearn, 32 id., 141; In re Davison, 21 id., 618; U. S. v. Wag- ner, 24 id., 135; In re Dohrendorf, 40 Fed. Rep., 148; In re Spencer, id., 149; In re Lawler, id., 233; In re Wall, 8 id., 85.) A minor's contract of enlistment is voidable, not void, and is not so voidable at the instance of the minor. If, after enlistment, he commits an offense, is actually arrested, and in course of trial before the contract is duly avoided, he may be tried and punished. (In re Wall., 8 Fed. Rep., 85; see also Barrett v. Hopkins, 7 id., 312.) * See paragraph 849, Army Regulations, 1913. See par. 349, ante, Act of Mar. 2, 1903 (32 Stat. 934), authorizing enlistment of citizens of Porto Rico in the Regular Army. MILITARY LAWS OF THE UNITED STATES. 379 1030. Term of enlistment. — That hereafter all enlistments in the Army shall be for the term of three years, and no soldier shall be again enlisted in the Army whose service during his last preceding term of enlistment has not been honest and faithful.^ Sec. 2, Act of Aug. i, 189Jf {28 Stat. 216). 1031. Enlistment and enlistment in the reserve. — For the purpose of utilizing as an auxiliary to the Army Reserve hereinafter provided for the services of men Avho have had experience and training in the Regular Army, in time of war or when war is imminent, and after the President shall, by proclamation, have called upon honorably dis- charged soldiers of the Regular Army to present themselves for reenlistment therein within a specified period, subject to such condi- tions as may be prescribed in said proclamation, any person who shall have been discharged honorably from said Army, with character reported as at least good, and who having been found physically qualified for the duties of a soldier, if not over forty-five years of age, shall reenlist in the line of said Army or in the Signal or Hos- pital Corps thereof within the period that shall be specified in said proclamation, shall receive on so reenlisting a bounty which shall be computed at the rate of eight dollars for each month for the first year of the period that shall have elapsed since his last discharge from the Regular Army and the date of his reenlistment therein under the terms of said proclamation; at the rate of six dollars per month for the second year of such period ; at the rate of four dollars per month for the third year of such period; and at the rate of two dollars per month for any subsequent year of such period, but no bounty in excess of three hundred dollars shall be paid to any person under the terms of this act. And that on and after November first, nineteen hundred and twelve, all enlistments in the Regular Army shall be for the term of seven years, the first four years in the service with the organizations of which those enlisting shall form a part, and, except as otherwise provided herein, the last three years on furlough and attached to the Army Rererve hereinafter provided for : Provided^ That at the expi- ration of four years' continuous service with such organizations, either under a first or any subsequent enlistment, any soldier may be reenlisted for another period of seven years, as above provided for, * The contract of enlistment is an entirety. If service for any portion of the time is criminally omitted the pay and allowances for faithful services are not earned. (Lander v. U. S., 92 U. S., 77.) This section operates to repeal section 119, Revised Statutes, and section 2 of the act of June 16, 1890 (26 Stat. 187), which fixed the term of enlistment in the Army at five years, which in turn has been repealed by the act of August 24, 1912 (37 Stat. 590), paragraph 1031, post. As to the reenlistment of men whose last preceding term of enlistment has not been honest and faithful, see paragraph 1052, post. 380 MILITARY LAWS OF THE UNITED STATES. in which event he shall receive his final discharge from his prior en- listment : Provided further^ That any enlisted man, at the expiration of three years' continuous service with such organizations, either under a first or any subsequent enlistment, upon his written applica- tion, may be furloughed and transferred to the Army Reserve, in the discretion of the Secretary of War, in which event he shall not be entitled to reenlist in the service until the expiration of his term of seven years: Provided further^ That for all enlistments hereafter accomplished under the provisions of this act, four years shall be counted as an enlistment period in computing continuous-service pay : Provided further^ That hereafter the Army Reserve shall con- sist of all enlisted men who, after having served not less than four years with the organizations of which they form a part, shall receive furloughs without pay or allowances until the expiration of their terms of enlistment, together with transportation in kind and sub- sistence as provided for by this act in the case of discharged soldiers, but when any soldier is furloughed to the Reserve his accounts shall be closed and he shall be paid in full to the date such furlough be- comes effective: Provided further^ That any enlisted man, subject to good conduct and physical fitness for duty, upon his written appli- cation to that effect, shall have the right of remaining with the organization to which he belongs until the completion of his whole enlistment, without passing into the Reserve: Provided further^ That except upon reenlistment after four years' service or as now otherwise provided for by law, no enlisted man shall receive a final discharge until the expiration of his seven-year term of enlistment, including his term of service in the Army Reserve, but any such en- listed man may be reenlisted for a further term of seven years under the same conditions in the Army at large, or, in the discretion of the Secretary of War, for a term of three years in the Army Reserve ; and any person who may have been discharged honorably from the Regular Army, with character reported as at least good, and who has been found phj^sically qualified for the duties of a soldier, if not over forty-five years of age, may be enlisted in the Army Reserve lor a similar term of three years : And provided further^ That in the event of actual or threatened hostilities the President, when so au- thorized by Congress, may summon all furloughed soldiers who be- long to the Army Reserve to rejoin their respective organizations, and during the continuance of their service with such organizations they shall receive the pay and allowances authorized by law for sol- diers serving therein, and any enlisted man who shall have reenlisted in the Army Reserve shall receive during such service the additional pay now provided by law for the soldiers of his arm of the service in their second enlistment period. Upon reporting for duty, and being found physically fit for service, they shall receive a sum equal MILITARY LAWS OF THE UNITED STATES. 381 to five dollars per month for each month during which they shall have belonged to the Reserve, as well as the actual cost of transpor- tation and subsistence from their homes to the places at which they may be ordered to report for duty under such summons. Sec. 2^ Act of Aug. U, 1912 {37 Stat. 590). 1032. Premium for recruit. — A premium of two dollars shall be paid to any citizen, noncommissioned officer, or soldier for each ac- cepted recruit he may bring to a recruiting rendezvous.^ Sec. 1120^ R.S, 1033. Fraudulent enlistment. — Fraudulent enlistment, and the receipt of any pay or allowance thereunder, is hereby declared a mili- tary offense and made punishable by court-martial, under the sixty- second article of war. Sec. 3, Act of July 27, 1892 {27 Stat. 278), 1034. Reenlistment. — Hereafter any soldier honorably discharged at the termination of an enlistment period who reenlists within three months thereafter shall be entitled to continuous-service pay as herein provided, which shall be in addition to the initial pay provided for in this Act and shall be as follows, namely; For those whose initial pay as provided herein is thirty-six dollars or more an in- crease of four dollars monthly pay for and during the second enlist- ment, and a further increase of four dollars for and during each sub- sequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. For those whose ini- tial pay as provided for herein is eighteen, twenty-one, twenty-four, or thirty dollars, an increase of three dollars monthly pay for and during the second enlistment, and a further increase of three dollars for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlist- ment. For those whose initial pay as provided for herein is fifteen and sixteen dollars, an increase of three dollars monthly pay for and during the second and third enlistments each, and a further increase of one dollar for and during each subsequent enlistment up to and including the seventh, after which the pay shall remain as in the seventh enlistment. Act of May 11, 1908 {35 Stat. 109) . 1035. Peiiod of enlistment. — Hereafter any soldier honorably dis- charged at the termination of his first or any succeeding enlistment period who reenlists after the expiration of three months shall be regarded as in his second enlistment; that an enlistment shall not be regarded as complete until the soldier shall have made good any time lost during an enlistment period by unauthorized absences ex- ceeding one day, but any soldier who receives an honorable discharge for the convenience of the Government after having served more than ^This statute is practically obsolete. It was last applied during the rebellion of 1861-1865 against the United States. 382 MILITARY LAWS OF THE UNITED STATES. half of his enlistment shall be considered as having served an enlist- ment period within the meaning of this Act; that the present enlist- ment period of men now in service shall be determined by the number of years continuous service they have had at the date of approval of this Act, under existing laws, counting three years to an enlistment, and the former service entitling an enlisted man to reenlisted pay under existing laws shall be counted as one enlistment period. Id, TRANSFER OF ENLISTED MEN. 1036. Transfer from military to naval service, — Any person en- listed in the military service of the United States may, on applica- tion to the Navy Department, approved by the President, be trans- ferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law.i Sec, im, R' S. 1037. Transfers to Hospital Corps. — Any enlisted man in the Army shall be eligible for transfer to the Hospital Corps as a private. JSec. 6, Act of Mar. 1, 1887 (2k Stat. JfS5), RETIREMENT. 1038. Retirement of enlisted men. — When an enlisted man shall have served ^ thirty years either in the Army, Navy, or Marine Corps, or in all, he shall, upon making application to the President, be placed upon the retired list, with seventy-five per centum of the pay and allowances he may then be in receipt of, and that said allow- ances shall be as follows: Nine dollars and fifty cents per month in lieu of rations and clothing and six dollars and twenty-five cents per month in lieu of quarters, fuel, and light: Provided^ That in computing the necessary thirty years' time all service in the Army, Navy, and Marine Corps shall be credited. Sec. 2. That all Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. Sees. 1 and ^, Act of Mar. 2, 1907 (Si Stat. 1217).^ 1039. War service, etc., to he computed as double time. — If said enlisted man had war service with the Army in the field, or in the Navy or Marine Corps in active service, either as volunteer or reg- ular, during the war of the rebellion, such war service shall be com- * See paragraphs 114 and 115, Army Regulations, 1913. 'As to service as officers in the Volunteers, in the Porto Rico Regiment, and in the Philippine Scouts, see paragraphs 709 and 710, ante. •This act amended the act of February 14, 1885 (23 Stat. 305), which created the retired list for enlisted men. (See Art. 134, A. R., 1913.) MILITARY LAWS OF THE UNITED STATES. 383 puted as double time in computing the thirty years necessary to entitle him to be retired.^ Act of Sept. 30, 1890 {26 iStat. 504), 1040. Credit for foreign service. — Hereafter in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Porto Eico, Cuba, or in the Philip- pine Islands.^ Act of May 26, 1900 {31 Stat. 209). 1041. Same. — Hereafter in computing the length of service- for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama; but double credit shall not be given for service hereafter rendered in Porto Rico or the Territory of Hawaii. Act of Apr. 23, 190^ {33 Stat. 26k) • 1042. Same — Credit not to he given in connection with enlistments subsequent to August 2^, 1912. — In computing length of service for retirement credit for double time for foreign service shall not be given to those who hereafter enlist: And provided further, That nothing in this provision shall be so construed as to forfeit credit for double time already accrued. Act of Aug. 24, 1912 {37 Stat, 67S). DISCHARGE. 1043. Discharge hy purchase. — That in time of peace the President may, in his discretion and under such rules and upon such condi- tions as he shall prescribe, permit any enlisted man to purchase his discharge from the Army. The purchase money to be paid under this section shall be paid to a paymaster of the Army and be de- posited to the credit of one or more of the current appropriations for the support of the Army, to be indicated by the Secretary of War, and be available for the payment of expenses incurred during the fiscal year in which the discharge is made.^ Sec. 4, Act of June 16^ 1890 {26 Stat. 168). 'The act of February 14, 1885 (23 Stat. 305), which created the retired list for enlisted men, was amended by the act of September 30, 1890 (26 Stat. 504), by the addition of the proviso permitting war service during the war of the rebellion to be computed as double time in computing the thirty years' service necessary to entitle him to be retired. It has been held by the Secretary of War that the term " war service," as used in the act of September 30, 1890, shall include service rendered as a com- missioned officer, and that, for the purposes of this statute, the war began on April 15, 1861, and ended on April 2, 1866, as respects all theaters of operation, except the State of Texas, and as to that State that the war ended on April 20, 1866. (Circular No. 2, H. Q. A., Mar. 10, 1891.) Upon the retirement of an enlisted man from active service he is entitled to transportation in kind to the place of his enlistment or to his home. Section 1290, Revised Statutes, does not apply to enlisted men transferred to the re- tired list, in that they are not discharged. (3 Dig. 2d Comp. Dec., par. 874; U. S. V. Tyler, 105 U. S., 244.) ^ See paragraph 1042, post. ■ As to discharge in general see fourth Article of War, page 581, post. See also Army Regulations, 1913, article 21, and Dig. Op. J. A. C, 427^63. Also G. O. No. 23, War Dept, March 28, 1913. For return of honorable discharge see paragraph 214, ante. 384 MILITABY LAWS OF THE UNITED STATES. 1044. Dependency of parent, — In the event of the enlistment of a soldier in the Army for the period required by law, and after the expiration of one year of service should either of his parents die, leaving the other solely dependent upon the soldier for support, such soldier may, upon his own application, be honorably discharged from the service of the United States upon due proof being made of such condition to the Secretary of War.^ Sec. 30, Act of Feb. ^, 1901 {31 Stat, 766). 1045. Transportation on discharge. — Hereafter when an enlisted man is discharged from the service, except by way of punishment for an offense, he shall be entitled to transportation in kind and subsistence from the place of his discharge to the place of his en- listment, or to such other place within the continental limits of the United States as he may select, to which the distance is no greater than from the place of discharge to place of enlistment; but if the distance be greater he may be furnished with transportation in kind and subsistence for a distance equal to that from place of dis- charge to place of enlistment, or, in lieu of such transportation and subsistence, he shall, if he so elects, receive two cents a mile, except for sea travel, from the place of his discharge to the place of his enlistment.2 Act of Aug, £j, 1912 {37 Stat, 576), 1046. Sea travel, — For sea travel on discharge * * * transpor- tation and subsistence only shall be furnished to enlisted men.^ Act of Mar. 2, 1901 {31 Stat, 903). 1047. Lost certifi^cate, — Whenever satisfactory proof shall be fur- nished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the mili- tary service of the United States has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish to such officer or enlisted man, or to the widow of such officer or enlisted man, a certificate of such discharge, to be indelibly marked, so that it may be known as a certificate in lieu of a lost or destroyed discharge: Pro- vided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.^ Act of July i, 1902 {32 Stat, 629). 1048. Issued under true name. — The Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of ' See G. O. No. 23, War Department, March 28, 1913. ' For statutes and regulations governing the payment of travel allowance to officers and enlisted men, see the chapter entitled The Pay Department (The Quartermaster Corps). ■ This paragraph virtually takes the place of section 224, Revised Statutes. MILITARY LAWS OF THE UNITED STATES. 385 resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during any war between the United States and any other nation or people and were hon- orably discharged therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them, but no such certificate or- order shall be issued where a name was assumed to cover a crime or to avoid its consequence. Act of Aug. 22^ 1912 {37 Stat. 32 If). 1049. Suspension of dishonorable discharge. — That the reviewing authority may suspend the execution of a sentence of dishonorable discharge until the soldier's release from confinement ; but the order of suspension may be vacated at any time and the execution of the dishonorable discharge directed by the officer having general court- martial jurisdiction over the command in which the soldier is held, or by the Secretary of War : And provided further^ That the author- ized enlisted strength of the Army and of organizations thereof shall be exclusive of soldiers under sentences which include confinement and dishonorable discharge. Act of Apr, 27., 19U {38 Stat. 354). DESERTIOTSr. 1050. Bights of citizenship forfeited for desertion., etc. — All per- sons Avho deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens ; and such deserters shall be for- ever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof.^ Sec, 1996, R. S. 1051. Certain soldiers and sailors exempted from the forfeitures of the last section. — No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his com- mand or refused to serve after that date, shall be held to be a deserter from the Army or Navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. Sec, 1997, R. S. ^ These penalties only take effect upon conviction by court-ma rti-il. (Kurtz V. Moffett, 115 U. S., 501.) 920G1"— IT 25 S86 MILITABY LAWS OF THE UNITED STATES. 1052. Reenlistment of deserters and of soldiers whose last preceding term of enlistment was not honest and faithful. — Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and for- feitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States : Provided^ That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further^ That the loss of rights of citizenship heretofore imposed by law upon de- serters from the military or naval service may be mitigated or re- mitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests : And provided further^ That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlistments in the Army of the United States," shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military serv- ice of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War.^ Sec. 1998, R. S., as amended hy Act of Aug. 22, 1912 (37 Stat. 366) . 1053. Deserters not entitled to bounty land. — No person who has been in the military service of the United States shall, in any case, receive a bounty-land warrant if it appears by the muster rolls of his regiment or corps that he deserted or was dishonorably dis- charged from service. Sec. 2^38, R. S. 1054. Forfeiture of pension. — Any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, for- feit all right to pension which he might otherwise have acquired. Sec. 6, Act of Apr. 26, 1898 {SO Stat. 366). 1055. Aiding, persuading, enticing to desert. — Whoever shall entice or procure, or attempt or endeavor to entice or procure, any soldier. ^ These penalties only take effect upon conviction by court-martial. (Kurtz i\ Moffett, 115 U. S., 501.) MILITARY LAWS OF THE UNITED STATES. 887 in the military service, or any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, seaman, or other person in deserting or in attempting to desert from such service; or whoever shall harbor, conceal, protect, or assist any such soldier, seaman, or other person who may have deserted from such service, knowing him to have deserted therefrom, or shall refuse to give up and deliver such soldier, seaman, or other person on the de- mand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars. Sec. 42, Act of Mar. i, 1909, Criminal Code (35 Stat. 1097), APPREHENSION OF DESERTERS REWARDS. 1056. Who may arrest deserters. — United States marshals and their deputies, sheriffs and their deputies, constables, and police officers of towns and cities are hereby authorized to apprehend, arrest, and receive the surrender of any deserter from the Army for the purpose of delivering him to any person in the military service authorized to receive him. Sec. 3, Act of June 16, 1890 {m Stat. 157), 1057. Arrest, etc., of deserters hy civil officers. — It shall be lawful for any civil officer having authority under the laws of the United States or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government.^ Sec. 6, Act of June 18, 1898 {30 Stat. m)' 1058. Payment to civil officers or citizens. — For the apprehension, securing and delivering of deserters, including escaped military prisoners, and the expenses incident to their pursuit, and no greater sum than $50 for each deserter or escaped military convict shall, in the discretion of the Secretary of War, be paid to any civil officer or civilian for such services and expenses. Act of Mar. 2, 1913 {37 Stat. 713). DECEASED SOLDIERS. 1059. Settlement of accounts. — Hereafter, in the settlement of the accounts of deceased officers or enlisted men of the Army, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly appointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence : First, to the widow ; second, if decedent left no widow, or the widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to * See Dig. Op. J. A. G., 402-413, edition 1912. 388 MILITARY LAWS OF THE UNITED STATES. the father and mother in equal parts, provided the father lias not abandoned the support of his family, in which case to the mother alone ; fourth, if either the father or mother be dead then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes : Provided^ That this Act shall not be so construed as to prevent payment from the amount due the decedent's estate of funeral expenses, provided a claim there- for, is presented by the person or persons who actually paid the same before settlement by the accounting officers. Act of June 30, 1906 {SJfStat, 750). 1060. Same — Navy and Marine Corps. — Hereafter, in the settle-, ment of the accounts of deceased officers or enlisted men of the Navy and Marine Corps, where the amount due the decedent's estate is less than five hundred dollars and no demand is presented by a duly ap- pointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, to the widow; second, if the decedent left no widow, or widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no Avidow or descendants, then to the father and mother in equal parts, provided father has not abandoned the support of his family, in which case to the m_other alone; fourth, if either the father or mother be dead, then to the one surviving ; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: Frovided, That this Act shall not be so construed as to prevent pay- ment from the amount due the decedent's estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers. Act of May 27, 1908 {35 Stat. 373). (While this paragraph appears to refer exclusively to the Navy and Marine Corps, it is Inserted here because it was enacted under the general heading " Under the War Department " in the sundry civil appropriation act of May 27, 1908.) 1061. Gratuity. — Hereafter immediately upon official notification of the death from wounds or disease contracted in line of duty of any officer or enlisted man on the active list of the Army, the Paymaster- General of the Army shall cause to be paid to the widow of such officer or enlisted man, or to any other person previously designated by him, an amount equal to six months' pay at the rate received by such officer or enlisted man at the date of his death, less seventy-five dollars in the case of an officer and thirty-five dollars in the case of an enlisted man. From the amount thus reserved the Quartermas- ter's Department shall be reimbursed for expenses of interment, and MILITAKY LAWS OF THE UNITED STATES. 389 the residue, if any, of the amount reserved, shall be paid subsequently to the designated person. The Secretary of War shall establish regulations reqrdring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army. (See next paragraph.) Act of May 11, 1908 {35 Stat. 108). 1062. Same. — The Act approved May eleventh, nineteen hundred and eight, for the support of the army for the fiscal j^ear ending June thirtieth, nineteen hundred and nine, in so far as it relates to the payment of six months' pay to the widow of an officer or enlisted man, and so forth, be amended as follows : • Strike out the words " contracted in the line of duty " and insert in lieu thereof the words, " not the result of his own misconduct." Act of Mar. 3, 1909 {35 Stat., 735). 1063. Expenses of interment, etc. — For the expenses of interment, or of preparation and transportation to their homes or to such na- tional cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, includ- ing acting assistant surgeons, and enlisted men of the army active list; for the expenses of interment, or of preparation and trans- portation to their homes, of the remains of civil employees of the army in the employ of the War Department who die abroad, inclusive of Alaska, or on army transports; for the expenses of removal of remains from abandoned posts to permanent military posts or na- tional cemeteries, including the remains of federal soldiers, sailors, or marines interred in fields or abandoned private and city ceme- teries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the army who die on the active list are borne by individuals, where such expenses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services, to be paid out of the funds appropriated by this Act, but no reimbursement shall be made under this Act of such expenses incurred prior to the first day of July, nineteen hundred and ten, * * * dollars. Act of Auff. 24, 1912 {37 Stat. UO). (This paragraph will be found in the last few sundry civil appropriation acts. This paragraph has the effect of making one appropriation available for expenses of interment, etc., whereas heretofore the expenses had to be met from different appropriations.) CITIZENSHIP. 1064. Aliens honorahly discharged from military service. — Any alien of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular 390 MILITAEY LAWS OF THE UNITED STATES. or volun teer forces, and has been, or may be hereafter, honorably dis- charged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States.! Sec. 2166, R,S. 1065. Aliens honorably discharged from the naval service. — Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such ; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps. Act of July 26, ISH (28 Stat. 12 Ji), 1066. Naturalization of seamen. — Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct dur- ing that time, together with the certificate of his declaration of inten- ^Aliens, honorably discharged after enlisting in our Army, are not, by such discharge alone, made citizens, but they are thereupon entitled (under a provi- sion of the act of July 17, 1862, now section 2166, Revised Statutes) to be ad- mitted to become citizens without previous declaration of intention, upon merely presenting to the proper court (see sec. 2165, R. S.) a petition for the purpose, accompanied by proof of at least one year's residence within the United States previous to the application, of good moral character, and of the fact of honorable discharge. (Dig. Opin. J. A. G., par. 401, edition 1901.) Under the act of July 30, 1892, an enlisted man, to be eligible for promotion as commissioned officer, must be a citizen of the United States. And, in order to be promptly naturalized, under section 2166, Revised Statutes, he must first be honorably discharged. So, advised that such alien, to be qualified for exami- nation and appointment under the act, should be discharged and, after naturali- zation, be reenlisted. (Id., par. 403.) The mere enlistment and honorable discharge of an alien as a soldier of our Array do not per se constitute him a citizen of the United States. He must still make formal petition to one of the courts, etc., specified in section 2165, Revised Statutes, and present thereupon the evidence required by section 2166. (Id., par. 736.) A native-born minor is a citizen of the United States under the fourteenth amendment of the Constitution. (Id., par. 737.) See Dig. Op. J. A. G., pp. 20, 613, 614, 617, 834, edition 1912. MILITARY LAWS OF THE UNITED STATES. 391 tion to become a citizen, be admitted a citizen of the United States ; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall liave served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protec- tion as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. Sec. 217^^ R. 8. (This would apply to members of the crew of an Army transport vessel.) MISCELLANEOUS PROVISIONS. 1067. Exemption from arrest for debt, — No enlisted man shall, dur- ing his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted. See. 1237, R. S. 1068. Enlisted men not to he used as servants. — No officer shall use an enlisted man as a servant in any case whatever. Sec. 1232, R. S, 1069. Employment as stenographers. — Hereafter enlisted men may be detailed to serve as stenographic reporters for general courts- martial, courts of inquiry, military commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not ex- ceeding five cents for each one hundred words taken in shorthand and transcribed, such extra pay to be met from the annual appro- priation for expenses of courts-martial, and so forth. Act of Aug, 2i, 1912 {37 Stat. 575). 1070. Remount detachments at remount depots. — That hereafter from the enlisted force of the Army now provided by law the Presi- dent may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such remount depot: Provided, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Mar, 3, 1911 {36 Stat, 1049). CHAPTER XXVII. THE TEOOPS OF THE LINE. Par. Cavalry 1071-1080 Same — organization of regiment 1071 Same— colored regiments 1072 Same — may be dismounted .... 1073 Same — organization of troops. . . 1074 Same — increase of corporals and privates 1075 Same — bands, organization 1076 Same — details, regimental staff, etc 1077 Same — veterinarians, pay and allowances 1078 Same — retirement of 1079 Same — remount detachments.. 1080 The Artillery Corps 1081-1094 Same — organization 1081 Same — shall comprise two branches 1082 Same 1083 Same — separation of branches; ofiiccrs to temporarily form one list, etc 1084 Same — vacancies caused by separation to be filled accord- ing to seniority 1085 Coast Artillery to constitute corps 1086 Same — composition and duties. 1087 Par. The Artillery Corps— Continued. Same — company organization; total strength 1088 Same— bands 1089 Field Artillery — organization . . 1090 Same — battery, organization; maximum enlisted strength not to be increased 1091 Same — regimental and battalion noncommissioned staff officers, etc 1092 Same — composition and duties . 1093 Same — ^bands 1094 Infantry 1096-1104 Same — organization of regiment 1095 Same — colored regiments 1096 Same — company organization . . 1097 Same — increase as to noncom- missioned officers and privates 1098 Same — bands, organization of . . 1099 Same — details, regimental staff, etc 1100 Vacancies, how filled 1101 Same — after promotions 1102 Same — appointment of enlisted men ' 1103 Prison guard, organization of . . . 1104 Maximum strength 1105 CAVALRY. 1071. ^ame — Organization of regiment. — Each regiment of cavalry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants ; two veterinarians, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, three squadron sergeants-major, two color- sergeants with rank, pay, and allowances of squadron sergeant- major, one band, and twelve troops organized into three squadrons of four troops each.^ &ec. 2, Act of Feb. 2, 1901 (31 Stat. 748). ^This enactment replaces section 1102. lievised Statutes, and section 2, act of Marcli 2, 1S99, in pari materia. Section 28 of the act of February 2, 1901 (31 Stat. 755), contained the requirement that " vacancies in the grade of field 393 394 MILITARY LAWS OF THE UNITED STATES. 1072. Barne — Colored regiments. — The enlisted men of two regi- ments of cavalry shall be colored men. Sec. llOJf^ R. S. 1073. Same — May he dismounted. — Any' portion of the cavalry force may be armed and drilled as infantry, or dismounted cavalry, at the discretion of the President. Sec. 1105^ R. S. 1074. Same — Organization of troops. — Each troop of cavalry shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster sergeant, six sergeants, six cor- porals, two cooks, two farriers and blacksmiths, one saddler, one wagoner, two trumpeters, and forty-three privates, the commissioned officers to be assigned from those hereinbefore authorized :^ Provided.^ That one of the two " blacksmiths and farriers " now authorized by law for each troop of cavalry shall hereafter be designated " farrier," and the other " horseshoer," and that the additional pay of nine dol- lars per month provided for " one blacksmith and farrier in each troop of cavalry for performing the duty of horseshoer " in the Act of Congress approved May eleventh, nineteen hundred and eight, shall be paid to the soldier designated as " horseshoer." Sec. ^, Act of Fel. 2, 1901 {SI Stat. 7J^8), as amended hy Act of Mar. 3, 1909 {35 Stat., 735). oflacers and captain created by this act in tlie cavalry, artillery, and infantry shall be filled by promotion, according to seniority in each branch, respectively. For the method of filling vacancies created by the act of February 2, 1901, in the grades of first and second lieutenants, see paragraph 1102, post. Of the several cavalry regiments now composing the peace establishment, the first, a regiment of dragoons, was authorized by the act of March 2, 1SB3 (4 Stat. 652). A second regiment of dragoons was authorized by the act of May 23, 1836 (5 Stat. 32). The second regiment of dragoons was converted into a regiment of riflemen by the act of August 23, 1842 (5 Stat. 512), but was reconverted into a regiment of dragoons by the act of April 4, 1844 (5 Stat. 654). A regiment of mounted riflemen was added to the establishment by the act of May 19, 1846 (9 Stat. 13). Two regiments of cavalry (known as the First and Second) were authorized by the act of March 3, 1855 (10 Stat. 635). A third regiment of cavalry was organized by order of the President on May 4, 1861, confirmed by the act of July 29, 1861 (12 Stat. 279). In accordance with the authority conferred by the act of August 3, 1861, the six mounted regiments of the Army were consolidated into one corps and designated as follows; The First Regiment of Dragoons, as the First Cavalry. The Second Regiment of Dragoons, as the Second Cavalry. The Regiment of Mounted Riflemen, as the Third Cavalry. The First Regiment of Cavalry, as the Fourth Cavalry. The Second Regiment of Cavalry, as the Fifth Cavalry. The Third Regiment of Cavalry, as the Sixth Cavalry. Four regiments of cavalry, the Seventh, Eighth, Ninth, and Tenth, the Ninth and Tenth composed of colored men, were added to the establishment under the authority conferred by the act of July 28, 1866 (14 Stat. 332) ; the Eleventh. Twelfth, Thirteenth, Fourteenth, and Fifteenth were added by section 2, act of February 2, 1901 (31 Id., 748). ^This enactment replaces section 1103, Revised Statutes, and section 2, act of March 2, 1899 (30 ibid., 977). Since 1883 companies of cavalry have been designated as troops. (Circulars 8 and 9, A. G. O., of 1883.) By General Orders, Nos. 79 and 120, of 1890, the enlisted men of Troops L and M of each regiment of cavalry were distributed among the other troops. By General Orders, No. 27, of 1898, issued at the out- break 0i# the war with Spain, the skeletonized troops were reestablished and restored to the status occupied by them prior to the skeletonization in 1890. MILITABY LAWS OF THE UNITED STATES. 395 1075. Same — Increase of corporals and privates. — The President, in his discretion, may increase the number of corporals in any troop of cavalry to eight, and the number of privates to seventy-six, but the number of enlisted men authorized for the whole Army shall not at any time be exceeded. Sec, 2, Act of Fel. 2, 1901 {31 Stat. 74B). 1076. Same — Bands^ organization. — Each cavalry band shall consist of one chief musician ; one chief trumpeter ; one principal musician ; one drum major, who shall have the rank, pay, and allowances of a first sergeant; four sergeants ; ^eight corporals; one cook, and eleven privates.! Sec. 2, Act of Mar* 2, 1899 {30 Stat. 977) . 1077. Same — Details^ regimental staffs etc. — Of the officers herein provided, the captains and lieutenants not required for duty with the troops shall be available for detail as regimental and squadron staff officers and such other details as may be authorized by law or regulations.^ Sec. 2, Act of Feh. 2, 1901 {31 Stat. 71i8). ^ Section 2 of the act of February % 1901 (31 Stat. 748), provides tbat each cavalry band shall be organized as novr provided by law. As to montlily pay of bands, and restrictions upon their furnishing music outside the limits of military posts in competition with local civilian musicians see paragraph 701, ante. ^The act of August 24, 1912 (37 Stat 571), provides that hereafter in time of peace whenever any officer holding a permanent commission in the line of the Army with rank below that of major shall not have been actually present for duty for at least two of the last preceding six years with a troop, battery, or company of that branch of the Army in which he shall hold said commis- sion, such officer shall not be detached nor permitted to remain detached from such troop, battery, or company for duty of any kind; and all pay and allow- ances shall be forfeited by any superior for any period during which, by his order, or his permission, or by reason of his failure or neglect to issue or cause to be issued the proi}er order or instructions at the proper time, any officer shall be detached or permitted to remain detached in violation of any of the terms of this proviso, etc. By joint resolution of August 24, 1912 (37 Stat. 645), the operation of this proviso was postponed until on and after December 15, 1912. For composition, duties, etc., of the regimental, battalion, and squadron staff see paragraphs 248-255, Army Regulations, 1913. That hereafter, in determining the eligibility, under the provisions of the act of Congress approved August 24, 1912, of troop, battery, or company officers for detail as officers of the various staff corps and departments of the Army, except the General Staff Corps, service actually performed by any such officer with troops prior to December 15, 1912, as a regimental, battalion, or squadron staff officer, shall be deemed to have been duty with a battery, company, or troop: Pi'ovided further, That regimental, battalion, and squadron quarter- masters and commissaries shall hereafter be required to perform the duties of officers of the Quartermaster Corps, including the receipting for any money or property pertaining to said corps when no officer of the Quartermaster Corps is present for such duties, and nothing contained in the Army appropriation act approved August 24, 1912, shall hereafter be held or construed so as to prevent competent authority from requiring any officers of the Army to act temporarily as quartermasters wherever there shall be no officers of the Quartermaster Corps and no regimental, batUilion, or squadron quartermasters or commissaries present for such duty. (Act of Mar. 2, 1913 (37 Stat. 706).) That after September 1, 1914, in time of peace, whenever any officer holding a permanent commission in the' line of the Army, with rank of colonel, lieuten- ant colonel, or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command composed of not less than two troops, batteries, or companies of that branch of the Army in which he shall hold said commission, such officer shall not be detached nor permitted to remain detached from such command for duty of any kind except as here- 896 MILITARY LAWS OF THE UNITED STATES. 1078. SaTiie — Veterina?ians, pay and allowances. — The grade of veterinarian of the second class in cavalry regiments, United States Army, is hereby abolished, and hereafter the two veterinarians au- thorized for each cavalry regiment and the veterinarians author- ized for the Artillery Corps shall receive the pay and allowances of second lieutenants, mounted.^ jSec. 20, Act of Feb. 2, 1901 {31 Stat. 763) ; Act of Mar, 2, 1901 {id., 901). 1079. Same — Retirement of. — Hereafter so much of section twenty, of the Act approved February second, nineteen hundred and one, as provides that veterinarians shall receive the pay and allowances of second lieutenants, mounted, shall be interpreted to authorize their retirement under the laws governing the retirement of second lieu- tenants. Act of Mar. 3, 1911 {36 Stat. 101^2) . 1080. Same — Remount detachments. — That hereafter from the en- listed force of the Army now provided by law the President may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such re- inafter specifically provided; and all pay and allowances shall be forfeited by any superior for any period during wliich, by his order or his permission, or by reason of his failure or neglect to issue or cause to be issued the proper order or instructions at the proper time, any officer shall be detached or per- mitted to remain detached in violation of any of the terms of this act; but nothing in this act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organization or command to which he shall belong in that branch in which he shall hold a permanent commission; nor shall any- thing in this act be held to apply to the detachment or detail of officers for duty in connection with the construction of the Panama Canal until after such canal shall have been formally opened, or in connection with the Alaska Road Commission or the Alaska Railroad or the Bureau of Insular Affairs; and nothing in this act shall prevent the redetail of officers above the grade of major to fill vacancies in the various staff corps and departments as provided for by section 26 of the act of Congress approved February 2, 1901 : Provided further, That whenever the service record of any field officer is to be ascer- tained for the purposes of this act, all duty actually performed by him, during the last preceding six years, in a grade below that of major, in connection with any statutory organization of that branch of the Army in which he shall hold a permanent commission, or as a staff officer of any coast-defense or coast- artillery district, shall be credited to him as actual presence for duty with a command composed as hereinbefore prescribed: And provided further, That temporary duty of any kind hereafter performed with United States troops in the field for a period or periods the aggregate of which shall not exceed 60 days in any one calendar year, and duty hereafter performed in command of United States Army mine planter by an officer assigned to a company from which this detachment is drawn, and duty hereafter performed in command of a machine-gun platoon or a machine-gun unit, by any officer who, before assign- ment to such duty, shall have been regularly assigned to, and shall have en- tered upon duty with, an organization or a command the detachment of certain officers from which is prohibited by the act of Congress approved August 24, 1912, or by this act, shall, for the purposes of said acts, hereafter be counted as actual presence for duty with such organization or command. (Act of Apr. 27, 1914, Pub. No. 91, 38 Stat. — .) ^ This enactment replaces section 1102, Revised Statutes, and section 2, act of March 2, 1899. (30 Stat. 977,) MILITARY LAWS OF THE UNITED STATES. 397 mount depot: Provided^ That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Mar, 8, 1911 {36 Stat, THE ARTILLERY CORPS. ^ 1081. Same — Organization. — The regimental organization of the artillery arm of the United States Army is hereby discontinued, and that arm is constituted and designated as the artillery corps. It shall be organized as hereinafter specified and shall belong to the line of the Army. Sec. S, act of Feb. 2, 1901 {31 Stat. 748). 1082. Same — Shall comprise two branches. — ^The artillery corps shall comprise two branches — the coast artillery and the field artil- ler}^ The coast artillery is defined as that portion charged with the care and use of the fixed and movable elements of land and coast fortifications, including the submarine and torpedo defenses; and the field artillery as that portion accompanying an army in the field, and including field and light artillery proper, horse artillery, siege artillery, mountain artillery, and also machine-gun batteries: Pro- vided, That this shall not be construed to limit the authority of the Secretary of War to order coast artillery to any duty v/hich the public service demands, or to prevent the use of machine or other field guns by any other arm of the service under the direction of the Secretary of War.^ Sec. 4., Act of Feh. 2, 1901 {31 Stat. 749), 1083. Same. — The artillery of the United States Army shall consist of the Chief of Artillery, the coast artillery, and the field artillery. The coast artillery and the field artillery shall be organized as here- inafter specified, and the artillery shall belong to the line of the Army: Provid^ed, That on and after July first, nineteen hundred and eight, the Chief of Artillery shall cease to exercise supervision *At the general reduction of the Army, effected in pursuance of the act of March 2, 1821 (3 Stat. 615), the artillery was consolidated into four regiments of nine companies each, one of which, in each regiment, was to be designated and equipped as light artillery. The Ordnance Department was merged in the artillery, a supernumeraiy captain, for ordnance duty, was added to each regi- ment, and the President was authorized " to select from the regiments of ar- tillery such officers as may be necessary to perform ordnance duties who, while so detached, shall be subject only to the orders of the War Department." The Ordnance Department was separated from the artillery by the act of May 25, 1832 (4 Stat. 605). One company was added to each regiment by the act of .July 5, 1838 (5 Stat. 256), and two companies by section 18 of the act of March 3, 1847 (9 Stat. 184), making twelve companies in all. The act of March 3, 1847, authorized the President to designate an additional company m each regiment to be armed and equipped as light artillery. The fifth regiment was added, as a regiment of light artillery, by order of the President, on May 5, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. 279). The sixth and seventh regiments were added, and the organization of the first five regiments modified, by the act of March 8, 1898 (30 Stat. 261). This section replaces sections 1099-1101, Revised Statutes, the act of March 8, 1898 (30 id., 261), and section 3, act of March 2, 1899 (id., 977). ' See section 1, act of January 25, 1907 (34 Stat. 861), paragraph 1083, post. 398 MILITARY LAWS OF THE UNITED STATES. over the field artillery and shall thereafter be designated as the Chief of Coast Artillery.! Sec, 1, Act of Jan, 25, 1907 {3Jf Stat. 861). 1084. Same — Separation of 'branches; officers to temporarily form one list, etc. — On and after the approval of this Act the coast artillery and the field artillery shall be permanently separated, the separation to be effected as follows: All officers in the present Artillery Corps shall remain on one list as regards promotion mitil sufficient promotions shall have been made, as far as the present number of officers permit, to provide in each grade, together with the officers remaining therein, the total number of officers of the grade provided for in this Act for the coast and field artillery combined. After such promotion they shall, in each grade, be assigned by the President to the coast artillery or to the field artillery, according to special aptitude and qualifications and agreeably to individual preference, so far as may be practicable and for the good of the service, such assignments to be permanent ; and all officers promoted or appointed in the artillery thereafter shall be commissioned as officers of the coast artillery or the field artillery, as the case may be, and shall be promoted by seniority in their own branch, subject to the provisions of the laws governing promotion in the Army at large. Sec. 9, id., 863. 1085. Same — Vacancies caused hy separation to he flTled according to seniority. — All vacancies created or caused by this Act which can be filled by promotion of officers now in the Artillery Corps shall be filled by promotion according to seniority, subject to examination as now prescribed by law. Of the vacancies created or caused by this Act which can not be filled by promotion of officers now in the Artil- lery Corps, one-fifth in each branch shall be filled in each fiscal year until the total number of officers herein provided for shall have been attained. The vacancies remaining in the grade of second lieutenant shall be filled by appointment in the following order : First, of gradu- ates of the United States Military Academy ; second, of enlisted men whose fitness for advancement shall have been determined by com- petitive examination; third, of candidates from civil life; and all such appointments shall be made in accordance with the provisions of existing law. Sec. 10, id. 1086. Coast Artillery to constitute corps. — The coast artillery shall constitute a corps, and shall consist of one Chief of Coast Artillery with the rank, pay, and allowances of a brigadier-general, as pro- vided in section one of this Act ; fourteen colonels ; fourteen lieuten- ant-colonels ; forty- two majors; two hundred and ten captains; two hundred and ten first lieutenants, and two hundred and ten second ' See section 4, act of February 2, 1901 (31 Stat. 749), paragraph 1082, ante. lillLITAKY LAWS OF THE UNITED STATES. 399 lieutenants; and the captains and lieutenants provided for in this section not required for duty with companies shall be available for duty as staff officers of the various coast artillery commands and for such other details as may be authorized by law and regulations;^ twenty-one sergeants-major with the rank, pay, and allowances of regimental sergeants-major of infantry; twenty-six master electri- cians; sixty engineers; seventy-four electrician-sergeants, first_class; seventy-four electrician-sergeants, second class; forty-two sergeants- major with the rank, pay, and allowances of battalion sergeants- major of infantry; forty-two master gunners; sixty firemen; one hundred and seventy companies, and fourteen bands, organized as now provided for by law for artillery corps bands. 8ec. 5, id.^ 861. 1087. Same — Composition and duties. — The coast artillery is the artillery charged with the care and use of the fixed and movable ele- ments of land and -coast fortifications, including the submarine mine and torpedo defenses. Sec. 3, id. 1088. Same — Company organization; total strength. — Each com- pany of coast artillery shall consist of one captain, one first lieu- tenant, one second lieutenant, one first sergeant, one quartermaster- sergeant, two cooks, two mechanics, two musicians, and such number of sergeants, corporals, and privates as may be fixed by the President in accordance with the requirements of the service to which it may be assigned : Provided.^ That the total number of sergeants and cor- porals in the coast artillery, so fixed, shall not exceed one thousand three hundred and sixty and two thousand and forty, respectively, and that the total enlisted strength of the coast artillery, as pro- vided under this Act, shall not exceed nineteen thousand one hun- dred and forty-seven, exclusive of master electricians, electrician- sergeants, first class, and electrician-sergeants, second class. Sec. 6^ id., 862. 1089. Same — Bands. — Fourteen bands, organized as now provided for by law for artillery corps bands.^ Sec. <5, id. 1090. Field Artillery, organization, — The field artillery shall con- sist of six regiments, each organized as follows: One colonel, one lieutenant-colonel, two majors, eleven captains, thirteen first lieu- tenants, and thirteen second lieutenants; two veterinarians, one ser- ^As to the law governing length of details. (Manehu legislation.) See note, paragraph 1077, ante. ^By section 3, act of March 2, 1899 (30 Stat. 978), it is provided that each artillery band shall consist of one chief musician, one chief trumpeter, one principal musician, one drum-major, who shall have the rank, pay, and allow- ances of a first sergeant, four sergeants, eight corporals, one cook, and eleven privates. The act of February 2, 1901 (31 Stat. 749). in its provision for the organiza- tion of the Artillery Corps, authorized ten bands, organized as now authorized by law for artillery regiments. 400 MILITAKY LAWS OF THE UNITED STATES. geant-major, one quartermaster-sergeant, one commissary-sergeant, two battalion sergeants-major, two battalion quartermaster-ser- geants, two color-sergeants, one band, and six batteries organized into two battalions of three batteries each. Of the officers herein provided the captains and lieutenants not required for duty with bat- teries shall be available for detail as regimental and battalion staff officers, and for such other details as may be authorized by law and regulations.^ Battalion adjutants shall be detailed from the captains, and battalion quartermasters and commissaries from lieutenants. Each field artillery band shall be organized as provided by law for cavalry bands: Provided^ That the President in his discretion may increase by nine mounted orderlies the regimental strength herein authorized. Sec. 7, id. 1091. Same — Battery^ organization; maximum enlisted strength not to he increased. — Each battery of field artillery shall consist of one captain, two first lieutenants, two second lieutenants, one first sergeant, one quartermaster-sergeant, one stable sergeant, one chief mechanic, six sergeants, twelve corporals, four mechanics, three cooks, two musicians, and one hundred and two privates, the commissioned officers to be assigned from among those hereinbefore authorized for the regiment: Provided^ That the President in his discretion may increase the number of sergeants in any battery of field artillery to eight, the number of corporals to sixteen, the number of mechanics to seven, the number of musicians to three, and the number of privates to one hundred and forty-nine: Provided further^ That nothing contained in this Act shall increase the total number of en- listed men in the line of the Army, together with the native scouts, as authorized by section thirty-six of the Act of Congress approved February second, nineteen hundred and one, entitled "An Act to in- crease the efficiency of the permanent military establishment of the United States." Sec. 8, id. 1092. Sam£ — Regimental and ha.ttalion noncommissioned staff officers.^ etc. — The regimental and battalion noncommissioned staff officers herein authorized for regiments of field artillery shall have the pay and allowances of corresponding grades in the cavalry ; the battalion quartermaster-sergeant shall have the pay and allowances of sergeant-major, junior grade, of the Artillery Corps; the chief mechanic the pay and allowances of sergeant, and the mechanics of field artillery the pay and allowances of artificers of field artillery; engineer, sixty-five dollars a month and allowances of ordnance-ser- geant ; electrician-sergeant, first class, forty-five dollars a month and allowances of ordnance-sergeant; electrician-sergeant, second class, *As to the law governing length of details (Manchu legislation), see note, paragraph 1077, ante. MILITARY LAWS OF THE UNITED STATES. 401 thirty-five dollars a month and allowances of ordnance-sergeant; master gunner, the pay and allowances of ordnance-sergeant; fire- man, thirty dollars a month and allowances of ordnance-sergeant; and that the rates of pay of all other enlisted men of the coast and the field artillery shall be as now provided by law: Provided^ That casemate electricians, observers, first class, and plotters shall receive nine dollars a month in addition to their pay; that chief planters, chief loaders, observers, second class, gun commanders, and gun pointers shall receive seven dollars a month in addition to their pay, and that first-class gunners shall receive two dollars a month and second-class gunners one dollar a month in addition to their pay: Provided further^ That the number of casemate electricians shall not exceed forty-four; that the number of observers, first class, shall not exceed one hundred and seventy; that the number of plotters shall not exceed one hundred and seventy; that the number of chief planters shall not exceed forty-four; that the number of chief loaders shall not exceed forty-four; that the number of observers, second class, shall not exceed one hundred and seventy; that the number of gun commanders shall not exceed three hundred and seventy-eight, and that the number of gun pointers shall not exceed three hundred and seventy-eight: And provided further^ That no enlisted man shall receive under this section more than one addition to his pay.^ Sec. 11, id., 863. 1093. Same — Composition and duties. — The field artillery is the artillery which accompanies an army in the field, and includes light artillery, horse artillery, siege artillery, and mountain artiller}^ Sec, Ji, id., 861. 1094. Same — Bands. — Each field artillery band shall be organized as provided by law for cavalry bands : ^ Provided, That the President in his discretion may increase by nine mounted orderlies the regi- mental strength herein authorized. Sec. 7, id., 862. INFANTRT. 1095. Same — Organization of regiment. — Each regiment of infan- try shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants; and fifteen second lieuten- ants, one sergeant-major, one quartermaster-sergeant, one commis- sary-sergeant, three battalion sergeants-major, two color-sergeants, with rank, pay, and allowances of battalion sergeants-major, one *As to pay, however, see Chapter XVIII, the Quartermaster Corps, pay of enlisted men, paragraphs 695 and 697-8, ante. ^ See paragraph 1076, ante, which provides that each cavalry band shall consist of one chief musician, one chief trumpeter, one principal musician, one drum major, who shall have the rank, pay, and allowances of a first sergeant, four sergeants, eight corporals, one cook, and eleven privates. 920G1"— 17 26 402 MILITARY LAWS OF THE UNITED STATES. band, and twelve companies, organized into three battalions of four companies each.^ Sec. 10, Act of Feb. 2, 1901 {31. Stat. 750). 1096. Same — Colored regiments. — The enlisted men of two regi- ments of infantry shall be colored men. Bee. 1108., R. S. *This enactment replaces section 1106, Revised Statutes, and section 4, act of March 2, 1899 (30 Stat. 977), in pari materia. Section 28 of the act of Feb- ruary 2, 1901 (31 Stat. 755), contained the requirement that "vacancies in the grade of field oflScers and captain created by this act in the cavalry, artillery, and infantry shall be filled by promotion according to seniority in each branch respectively." For method of filling vacancies created by that enactment in the grades of first and second lieutenant, see paragraphs 1102 and 1103, post. The First Regiment of infantry was authorized by the act of April 30, 1790 (1 Stat. 119), the Second by the act of March 3, 1791 (id. 222), the Third and Fourth by the act of May 30, 1796 (id. 483), the Fifth, Sixth, and Seventh regiments by the act of June 26, 1812 (2 Stat. 764), and the number of regi- ments of infantry was fixed at seven by the act to reduce and fix the military establishment, approved March 2, 1821. The Eighth Regiment was added by the act of July 5, 1838, and the President was authorized, " whenever he may deem it expedient, to cause not exceeding two of the regiments of infantry to be armed and equipped as regiments of riflemen, and one other of the regiments of infantry to be armed and equipped and to serve as a regiment of light infantry." The Ninth and Tenth regiments were authorized by the act of March 3, 1855 (10 Stat. 701). The Eleventh to the Nineteenth Regiments, inclusive, were organized by order of the President on May 4, 1861, the organization being confirmed by the act of July 29, 1861 (12 Stat. 279). Twenty-five regiments, from the Twentieth to the Forty-fifth, inclusive, were authorized by the act of July 28, 1866, of which four, from the Thirty-eighth to the Forty-first, inclu- sive, were to be composed of colored men, and four, from the Forty-second to the Forty-fifth, inclusive, were to be composed of men who had been wounded in line of duty and were to constitute a Veteran Reserve Corps. At the reduc- tion effected in pursuance of section 2 of the act of March 3, 1869 (15 Stat. 318), the number of infantry regiments was reduced to twenty-five. In effect- ing the consolidation required by the act above cited, the designations of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Twelfth, Thirteenth, Twentieth, and Twenty-third regiments were not changed ; the Eleventh Regiment was formed, by consolidation, from the Twenty-fourth and Twenty-ninth; the Fourteenth from the Fourteenth and Fo rty -fifth ; the Fifteenth from the Fifteenth and Thirty-fifth ; the Sixteenth from the Eleventh and Thirty-fourth; the Seventeenth from the Seventeenth and Forty-fourth; the Eighteenth from the Eighteenth and Twenty-fifth; the Nineteeth from the Nineteeth and Twenty-eighth; the Twenty-first from the Twenty-first and Thirty-second; the Twenty-second from the Twenty-second and Thirty-first; the Twenty-fourth from the Thirty-eighth and Forty-first; the Twenty-fifth from the Thirty-ninth and Fortieth. Five new regiments, from the Twenty- sixth to the Thirtieth, inclusive, were added by section 10, act of February 2, 1901 (31 Stat. 750). The regiments organized prior to the 4th of May, 1861, were composed of ten companies each; those organized by Executive order of that date were each composed of three battalions of eight companies each. The organization pre- scribed by the act of July 28, 1866, fixed the organization of an infantry regi- ment at 10 companies, of a cavalry regiment at twelve companies, and a regi- ment of artillery at the same number. By the act of April 26, 1898 (30 Stat. 364), a battalion organization was adopted for the infantry, each regiment being composed of two battalions of four companies each, and of two skeleton, or unmanned companies. Upon a declaration of war by Congress, the President was authorized to organize a third battalion, to be composed of the two skeleton companies and two addi- tional companies. By section 4 of the act of March 2, 1899 (30 Stat. 977), the regimental organization of infantry was made to consist of three battalions of four companies each; by section 15 of the same enactment, however, the regi- mental organization, as it existed on April 1, 1898, was required to be restored by the discharge of supernumerai-y officers and enlisted men. The artillery regiments were exempted from this reduction. MILITARY LAWS OF THE UNITED STATES. 403 1097. Same — Company organization. — Each infantry company shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, six corporals, two cooks, two musicians, one artificer, and forty-eight privates, the commissioned officers to be assigned from those herein- before authorized.^ Sec. 10, Act of Feb. 2, 1901 {SI Stat, 750), 1098. Same — Increase as to noncommissioned officers ^The office of instructor of ordnance and gunnery was established by the Secretary of War, on the recommendation of the academic board, on December 31, 1856; the duties of the former instructor of artillery, which were not con- nected with instruction in the drill regulations of the arm, being transferred to the office thus established. By the act of June 12, 1858 (11 Stat. 333), the duty of instruction in the drill regulations was vested in the commandant of cadets and the assistant instructors authorized by that enactment. An officer of ordnance was assigned to duty as instructor of ordnance and gunnery by Special Orders, No. 31, H. Q. U. S. Military Academy on February 27, 1857, (See par. 1106, ante.) ''The office of instructor of practical military engineering was established by section 2 of the act of July 20, 1840 (5 Stat. 397) ; upon the recommenda- tion of the Chief of Engineers, dated April 24, 1844, an officer of engineers was appointed to the office. 412 MILITARY LAWS OF THE UNITED STATES. 1126. Professors and associate professors^ rank. — The professors and the associate professor of the United States Military Academy shall have the actual rank in the United States Army now assigned to them by assimilation in the regulations of the Military Academy prescribed by the President of the United States, and that they shall exercise command only in the academic department of the United States Military Academy. Act of June 28, 1902 {32 Stat. 409). 1127. Assistant professors, pay and allowances. — Each assistant professor and each senior assistant instructor of cavalry, artillery, and infantry tactics shall receive the pay of a captain.^ Sec. 1337, R.S. 1128. Assistant instructors of tactics, pay and allowances. — The assistant instructors of tactics commanding cadet companies at West Point shall receive the pay and allowances as assistant professors in the other branches of study.^ Act of Mar. 3, 1876 {18 Stat. 467) . 1129. Professors, retirement. — The professors of the Military Academy at West Point are placed on the same footing, as to retire- ment from active service, as officers of the Army. Sec. 1333, R. S. 1130. Restriction on detail of graduates as professors and instruc- tors. — Hereafter no graduate of the Military Academy shall be as- signed or detailed to serve at said Academy as a professor, instruc- tor, or assistant to either, within two years after his graduation, and so much of the act of June thirtieth, eighteen hundred and eighty- iwo, as requires a longer service than two years for said assignments or details is hereby repealed.^ Act of July 26, 1894 {^S Stat. 151). 1131. Master of the sword, rank and pay. — The master of the sword shall hereafter act as instructor of military gymnastics and physical culture at the Military Academy, and shall have the relative rank and shall be entitled to the pay, allowances, and emoluments of a first lieutenant, mounted: Provided, however, Th^i whenever a vacancy shall occur in the office of master of the sword and instructor of mili- tary gymnastics and physical culture the said office shall cease and determine, and the duties thereunto pertaining shall thereafter* be performed by an officer of the line of the Army to be selected for that purpose by the Secretary of War. Sec. 1338, R. S., as amended hy Act of Mar. 2, 1901 {31 Stat. 914), ^Assistant professors at the Military Academy are entitled to tlie quarters of captains. IX Opin. Att. Gen., 284. The distinction contended for at the Mili- tary Academy between academic and military rank is not allowable in the choice of quarters. (5 id., 627.) ''Section 2 of the act of July 20, 1840 (5 Stat. 398), contained the require- ment that the pay and emoluments of instructors in cavalry, artillery, and in- fantry tactics should not be less than was allowed by law (captain mounted) to the assistant professor of mathematics. This statute was replaced by the act of June 12, 1858 (11 Stat. 333), which conferred the pay of captain mounted upon the senior assistant instructor in each of the arms of service. "The act of June 30, 1882 (22 Stat. 123), contained the requirement that no graduate of the Military Academy should be assigned or detailed to serve as a professor, instructor, or assistant to either, within four years after his gradua- tion. MILITAKY LAWS OF THE UNITED STATES. 413. 1132. Same. — The master of the sword shall have the relative rank and shall be entitled to the pay, allowances and emoluments of a captain mounted. Act of Mar 3, 1905 {33 Stat. 860). 1133. Chaplain^ appointment and tenure. — The duties of chaplain at the Military Academy shall hereafter be performed by a clergy- man to be appointed by the President for a term of four years, and the said chaplain shall be eligible for reappointment for an additional term or terms and shall, while so serving, receive the same pay and allowances as are now allowed to a captain mounted.* Act of Feh. 18,1896 {29 Stat. 8). 1134. Librarian, assistant librarian. — The librarian and assistant librarian at the Military Academy shall each receive one hundred and twenty dollars a year additional pay.^ Sec. 13Jfi, R. S. 1135. Adjutant. — The adjutant of the Military Academy shall have the pay of an adjutant of a cavalry regiment.^ Sec. 1335, R. S. 1136. Quartermaster and commissary of cadets. — The Secretary of War is hereby directed to detail a competent officer to act as quar- termaster and commissary for the battalion of cadets, by whom all purchases and issues of supplies of all kinds for the cadeta, and all provisions for the mess, shall be made, and that all supplies of all kinds and description shall be furnished to the cadets at actual cost, without any commission or advance over said cost; and such officer so assigned shall perform all the duties of purveying and supervision for the mess, as now done by the purveyor, without other compensa- tion.* Act of Aug. 7, 1876 {19 Stat. 126) . ^The office of chaplain was established by tbe act of April 4, 1818 (3 Stat.* 426), which authorized the appointment of a chaplain at the Military Academy/ who shall also be professor of geography, history, and ethics. By the act of February 18, 1896 (29 Stat. 8), the professorship thus authorized was discon- tinued, the duties of chaplain being performed by the officer whose appoint- ment was authorized by that statute, and the duty of giving instruction in his- tory being transferred by executive regulation to the department of law. *The annual acts of appropriation from that of February 18, 1871 (16 Stat. 414), to that of July 26, 1894 (28 Stat. 156), contained a provision authorizing the payment of $1,000 per annum for compensation of the librarian's assistant. In the acts of February 12, 1895 (28 Stat. 631), and March 6, 1896 (29 Stat. 49), the compensation of the librarian's assistant was fixed at $1,200 per annum. Salary of librarian increased by act of March 8, 1905 (33 Stat. 854), from $2,500 to $3,000 and carried at the latter rate in the annual appropriation acts since that year. As the annual appropriation acts carry only $3,000 for the librarian, section 1340, R. S., is virtually repealed. The employment of the services of civilian instructors, clerks, and other civilian employees is regulated by the annual acts of appropriation. 'Beginning with the act of March 4, 1909 (35 Stat. 1028), the annual appro- priation acts have contained the following provision relative to the pay of the adjutant of the Military Academy : " For pay of one adjutant, who shall not be above the rank of captain, six hundred dollars." *The annual appropriation acts from that of March 31, 1884 (23 Stat. 7), to that of March 2, 1907 (34 Stat. 1063), contained a provision for extra pay for the quartermaster and commissary of cadets at the rate of $700 per annum, in addition to his pay as a captain of infantry. In the act of May 28, 1908 (35 Stat. 431), this was changed to $600, "in addition to pay as captain," and has been so continued since. The act of June 30, 1892 (22 Stat. 123), authorizes the Secretary of War to detail a commissary sergeant to act as assistant to the commissary of cadets. 414 MILITARY LAWS OF THE UNITED STATES. 1137. Constructing quartermaster. — For pay of one constructing quartermaster, in addition to his regular pay, one thousand dollars : ^ Provided^ That so much of the Act approved March third, nineteen hundred and eleven, making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and twelve, as provided that the increase of salary of the constructing quartermaster should only apply during the term the office was held< by the then incumbent is hereby repealed, and the additional pay thus provided is available for the present incumbent from the date he entered upon his duties. Act of Aug. 9, 19 W (S7 Stat. 252). 1138. Leaves of absence of officers, professors, etc. — Leave of ab- sence may be granted by the Superintendent, under regulations pre- scribed by the Secretary of War, to the professors, assistant profes- sors, instructors, and other officers of the Academy, for the entire period of the suspension of the ordinary academic studies, without deduction from pay or allowances. Sec. 1S30, R. S, THE CORPS OF CADETS. 1139. Number and appointment. — The corps of cadets shall consist of one from each Congressional district, one from each Territory, one from the District of Columbia, two from each State at large, and thirty from the United States at large. They shall be appointed by the President, and shall, with the exception of the thirty cadets ap- pointed from the United States at large, be actual residents of the Congressional or Territorial districts, or of the District of Columbia, or of the States, respectively, from which they purport to be ap- pointed.2 Sec. 1316, R. S., as amended by Sec. If,, Act of June 6, 1900 (31 Stat. 666). ^This additional pay was first appropriated in act of March 2, 1907 (34 Stat. 1064), and provision therefor has been made in each annual appropriation since. The proviso " that this increased salary shall only apply during the time this ofl^ce is held by the present incumbent," which is rei^ealed by the act of August 9, 1912, supra, first occurs in the act of March 4, 1909 (85 Stat. 1028). The appropriation is repeated without any limitation in the act of March 4, 1913 (37 Stat. 857). ^The first authorization of the employment of cadets in the military service will be found in the act of May 9, 1794 (1 Stat. 366), for raising a corps of artillerists and engineers; the new organization was to be formed by the con- solidation of the existing corps of artillery with the additional force therein authorized, and was to consist of four companies, to each of which two cadets were to be attached, with the pay, rations, and clothing of sergeants of artillery. An additional regiment of artillerists and engineers was established by the act of April 27, 1798 (id., 552), with the same organization as the regiment already in service; by section 3 of the act of March 3, 1799 (id., 750), the pay of cadets was fixed at ten dollars per month with two rations per day or their equivalent in money; by this enactment ten cadets were allowed for each regiment of cavalry and infantry and thirty -two for each regiment of artillery. The act to fix the military peace establishment ,approved on March 16, 1802 (2 id., 132), provided for one regiment of artillerists and engineers; it was to consist of twenty companies, to each of which two cadets were attached. By MILITAKY LAWS OF THE UNITED STATES. 415 1140. Number at large. — The number of cadets authorized to be appointed by the President from the United States at large shall not at any one time exceed forty. Aet of June 28^ 1902 {32 Stat. 1^10) . 1141. Increase in corps. — Hereafter, for six years from July first, anno Domini, nineteen hundred and ten, whenever any cadet shall have finished three years of his course at the United States Military Academy, his successor may be admitted to the Academy; and ihe corps of cadets is hereby increased to meet this provision. Act of Apr. 19, 1910 {36 Stat. 323). 1142. Appointee from Porto Rico, — In addition to the Corps of Cadets now authorized by law, there shall be one from Porto Rico, who shall be a native of said island, to be appointed by the President of the United States. Act of Mar. 3, 1903 {32 Stat. 1011), 1143. Appointees from the Philippine Islands. — The Secretary of War is hereby authorized to permit not exceeding four Filipinos, to be designated, one for each class, by the Philippine Commission, to receive instruction at the United States Military Academy at West Point: Provided, That the Filipinos undergoing instruction, as herein authorized, shall receive the same pay, allowances, and emolu- ments as are authorized by law for cadets at the Military Academy appointed from the United States, to be paid out of the same appro- priations: And provided further, That said Filipinos undergoing instruction on graduation shall be eligible only to commissions in the Philippine Scouts. And the provisions of section thirteen section 26 of this enactment authority was conferred upon the President to establish a corps of engineers, to which ten cadets were to be attached, and the monthly pay of the cadets was fixed at sixteen dollars and one ration per day ; by section 27, the corps of engineers, when organized, was to be stationed at West Point and was to constitute the Military Academy. The acts of April 12, 1808 (2 id., 481), and June 11, 1812 (id., 671), authorized additions to the military establishment; by the former, 156 cadets were provided for, and by the latter, 64; in neither case, however, was the authorized establishment completed, nor does any considerable number of cadets seem to have been attached to the Military Academy, as is indicated by a report of the superintendent of January 5, 1810, at which date forty-seven cadets were undergoing instruction at the academy. An act making further provision for the Corps of Engineers, ap- proved April 29, 1812 (id. 720), fixed the number of cadets in all arms of the service at 250, and authorized the President, in his discretion, to attach them, as students, to the Military Academy. The present apportionment by repre- sentative districts was established by section 2 of the act of March 1, 1843 (5 id., 604), which required cadets to be selected from the Congressional dis- tricts of the States or Territories from which the appointments purported to have been made. By this enactment authority was conferred upon the Presi- dent to appoint ten cadets at large without being restricted to selection from Congressional districts. The act of March 3, 1875 (18 id., 467), authorized the President " to fill any vacancy occurring at said academy by reason of death or other cause of any person appointed by him ; " but this clause was expressly repealed by section 4 of the act of June 11, 1878 (20 id., Ill), which restricted the number of appointments at large to ten in all. The act of March 1, 1843, and section 10 of the act of March 2, 1899 (30 Stat. 979), which authorized the appointment of twenty cadets at large, were replaced by section 4 of the act of June 6, 1900 (31 id., 656), which fixed the number of cadets at one from each Congressional district, one from the District of Columbia, two from each State at large, and thirty from the United States at large. 416 MILITARY LAWS OF THE UNITED STATES. hundred and twenty-one, Revised Statutes, are modified in the case of the Filipinos undergoing instruction, so as to require them to engage to serve for eight years, unless sooner * discharged, in the Philippine Scouts. Act of May 28^ 1908 {35 Stat. W). 1144. Appointees from the District of Columbia. — Section thirteen hundred and fifteen of the Revised Statutes of the United States, fixing the membership of the Corps of Cadets at the United States Military Academy, is hereby amended by changing the clause " one from the District of Columbia " so as to read " two from the District of Columbia." Act of Aug. 9, 1912 (37 Stat. 252). 1145. Appointment in advance. — Cadets shall be appointed one year in advance of the time of their admission to the Academy, ex- cept in cases where, by reason of death or other cause, a vacancy occurs which can not be provided for by such appointment in ad- vance; but no pay or other allowance shall be given to any ap- pointee until he shall have been regularly admitted, as herein pro- vided; and all appointments shall be conditional, until such provi- sions shall have been complied with.^ Sec. 1317^ R. S. ^Appointments — How made. — Each Congressional district and Territory, also the District of Columbia, is entitled to have one cadet at the Academy. Two cadets at large from each State, and thirty from the United States at large are also appointed. The appointments (except those at large) are made by the Secretary of War, at the request of the Representative or Delegate in Congress from the district or Territory; and the person appointed must be an actual resident of the district or Territory from which the appointment is made. Those for a State at large are made, each upon the request of a Senator from the State so entitled. The appointments at large are specially conferred by the President of the United States. Manner of making applications. — Applications can be made at any time by letter to the Secretary of War, to have the name of the applicant placed upon the register that it may be furnished to the proper Representative or Delegate when a vacancy occurs. The application must exhibit the full name, date of birth, and permanent abode of the applicant, with the number of the Congres- sional district in which his residence is situated. Date of appointments. — Appointments are required by law to be made one year in advance of the date of admission, except in cases where, by reason of death or other cause, a vacancy occurs which can not be provided for by such appointment in advance. These vacancies are filled in time for the next an- nual examination. Alternates. — The Representative or Delegate in Congress may nominate a legally qualified second candidate, to be designated the alternate. The alter- nate will receive from the War Department a letter of appointment, and will be examined with the regular appointee, and if duly qualified will be admitted to the Academy in the event of the failure of the principal to pass the pre- scribed preliminary examinations. The alternate will not be allowed to defer his reporting at West Point until the result of the examination of the regular appointee is known, but must report at the time designated in his letter of appointment. The alternate, like the nominee, should be designated as nearly one year in advance of date of admission as possible. There being no provision for the payment of the traveling expenses of re- jected, candidates for admission, no candidate should fail to provide himself in advance with the means of returning to his home in case of his rejection before either of the examining boards, as he may otherwise be put to con- siderable trouble, inconvenience, and even suffering on account of his desti- tute condition. If admitted, the money brought by him to meet such a contin- gency can be deposited with the treasurer on account of his equipment as a cadet or returned to his friends. MILITARY LAWS OF THE UNITED STATES 417 1146. Age of appointees. — Appointees shall be admitted to the Academy only between the ages of seventeen and twenty-two years, ♦ * *. Sec. 1318, R, S. 1147. Qualifications for admission. — Appointees shall be examined under regulations^ to be framed by the Secretary of War before they shall be admitted to the Academy and shall be required to be well versed in such subjects as he may from time to time prescribe.^ Sec. 1319, R. S., as amended ly Act of Mar. 2, 1901 {31 Stat. 911). 1148. Physical examination. — Hereafter any candidate designated as principal or alternate for appointment as cadet may present him- self at any time for physical examination at West Point, New York, or other prescribed places, as may be designated by the Secretary of War. Act of Aug. 9, 1912 (37 Stat. 252) . 1149. Dates of admission. — Cadets appointed to the Military Acad- emy at West Point, New York, for admission after the year nineteen hundred and seven, may be admitted on the first day of March in place of the first day of June. Act of Mar. 2, 1907 {3 If Stat. 1063). 1150. Oath. — Each cadet shall, previous to his admission to the Academy, take and subscribe an oath or affirmation in the following form : "I, A B, do solemnly swear that I will support the Constitution of the United States, and bear true allegiance to the National Gov- ernment; that I will maintain and defend the sovereignty of the United States, paramount to any and all allegiance, sovereignty, or fealty I may owe to any State, county, or country whatsoever; and that I will at all times obey the legal orders of my superior officers, and the rules arid articles governing the armies of the United States." And any cadet or candidate for admission who shall refuse to take this oath shall be dismissed from the service. Sec. 1320, R. S. 1151. Engagement for service. — Each cadet shall sign articles, with the consent of his parents or guardian if he be a minor, [and] if any he have, by which he shall engage to serve eight years unless sooner discharged. Sec. 1321, R. S. 1152. Traveling expenses of candidates. — Hereafter the actual and necessary traveling expenses of candidates while proceeding from their homes to the Military Academy for qualification as cadets shall, * For regulations prepared in accordance with the foregoing enactment see- the Military Academy Regulations. Circulars containing the same information respecting the physical and mental examinations for admission are furnished candidates and others interested upon applications addressed to the Adjutant of the Military Academy at West Point, New York, or to the Adjutant-General of the Army in Washington. *This enactment replaces the requirements of section 1319, Revised Statutes, act of June 16, 1866 (14 Stat. 359), in pari materia, which required candidates to " be well versed in reading, writing, and arithmetic, and to have a knowledge of the elements of English grammar, of descriptive geography, particularly that of the United States, and of the history of the United States." 92061"— 17 27 418 MILITARY LAWS OF THE UNITED STATES. if admitted, be credited to their accounts and paid after admission from the appropriation for the transportation of the Army and its supplies. Act of June 28, 1902 (32 Stat. 409) . 1153. Pay and allowances. — Hereafter the pay of cadets shall be fixed at five hundred dollars per annum and one ration per day, or commutation therefor, such commutation to be thirty cents per day, to be paid from the appropriation for the subsistence of the Army.^ Act of June 28, 1902 {32 Stat. Ji.09) . The pay of cadets at the Military Academy shall hereafter be six hundred dollars a year. Act of May 11, 1908 (35 Stat. 108). Hereafter cadets shall be entitled to rations, or commutation therefor, as hitherto allowed under the Act approved June twenty- eight, nineteen hundred and two. Act of May 28, 1908 (35 Stat. JfSO). Sec. 1339, R. S., as amended hy above acts. 1154. Graduation and commission. — That when any cadet of the United States Military Academy has gone through all its classes and received a regular diploma from the academic staff, he may be promoted and commissioned as a second lieutenant in any arm or corps of the Army in which there may be a vacancy and the duties of which he may have been judged competent to perform; and in case there shall not at the time be a vacancy in such arm or corps, he may, at the discretion of the President, be promoted and commis- sioned in it as an additional second lieutenant, with the usual pay and allowances of a second lieutenant, until a vacancy shall hap- 1 The pay of cadets was fixed by the act of March 16, 1802 (2 Stat. 137), at sixteen dollars per month and two rations per day. By the act of March 3, 1857 (11 Stat. 252) their pay was fixed at thirty-two dollars per month. Sec- tion 3 of the act of April 1, 1864 (13 Stat. 39), contained the requirement that the cadets at the Military Academy should receive the same pay (five hundred dollars per annum ) as the midshipmen at the Naval Academy ; section 2 of the act of February 28, 1867 (14 Stat., 416) contained the requirement that they should also be entitled to the ration (one hundred and nine dollars and fifty cents annual commutation value) then allowed to active midshipmen. This fixed the pay and emoluments of a cadet at $609.50 per annum. The act of June 30, 1882 (27 Stat. 515), contained the requirement that no cadet should thereafter " receive more than at the rate of five hundred and forty dollars a year." Fourteen dollars a month shall be deposited with the Treasurer from the pay of each cadet, to be applied, at the time of his graduation, to the purchase of a uniform and equipment. (Par. 72, Reg. U. S. M. A., 1911.) A person appointed to a position in the Army, either as a cadet or an oflScer, becomes a cadet or officer de facto when he accepts the appointment; but, in view of the act of July 2, 1862 (12 Stat. 502), his pay can not commence until he takes the oath of office. When a candidate passes the examinations and enters upon the duties of a cadet, he thereby accepts his appointment, and his service in the Army begins for all purposes of longevity, but his pay can not commence until he takes the oath of office required by law. (3 Dig. 2d Comp. I)ec., par. 884.) The requirements of section 1310 of the Revised Statutes that " no person who has served in any capacity in the military or naval service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion shalFbe appointed a cadet," were repealed by the act of March 31, 1896 (29 Stat. 84). MILITARY LAWS OF THE UNITED STATES. 419 pen.* Sec. 1213^ R. S., as amended hy Act of May 17^ 1886 {2i Stat. 50). 1155. One additional officer only to each company. — Only one supernumerary officer shall be attached to any company at the same time under the provisions of the two preceding sections.^ Sec. 1215^ R.S. 1156. Pay of graduated cadets. — That every cadet who has hereto- fore graduated or may hereafter graduate at the West Point Military Academy, and who has been or may hereafter be commissioned a second lieutenant in the Army of the United States, under the laws appointing such graduates to the Army, shall be allowed full pay as second lieutenant from the date of his graduation to the date of his acceptance of and qualification under his commission and during his graduation leave, in accordance with the uniform practice which has prevailed since the establishment of the Military Academy. Act of Dec. 20, 1886 {U Stat. 351). 1157. Mileage of graduated cadets from home to first station. — Hereafter a graduate of the Military Academy shall receive mileage as authorized by law for officers of the Army from his home to the station which he first joins for duty. Act of Aug. 9, 1912 {37 Stat. 1158. Organization into companies. — The corps of cadets shall be arranged into companies, according to the directions of the superin- tendent, each of which shall be commanded by an officer of the Army, for the purpose of military instruction. To each company shall be added four musicians. The corps shall be taught and grained in all the duties of a private soldier, noncommissioned officer, and officer, shall be encamped at least three months in each year, and shall be taught and trained in all the duties incident to a regular camp. Sec. 1322, R. S. 1159. Liability to duty. — Cadets shall be subject at all times to do duty in such places and on such service as the President may direct. Sec. 1323, R. S. *The requirement of section 3 of the act of June 18, 1878 (20 Stat. 150). " That hereafter all vacancies in the grade of second lieutenant shall be filled by appointment from the graduates of the Military Academy so long as any such remain in service unassigned; and any vacancies thereafter remaining shall be filled by promotion of meritorious noncommissioned officers of the Army, recommended under the provisions of the next section of this act: Pro- vided, That all vacancies remaining, after exhausting the two classes named, may be filled by appointment of persons in civil life," was repealed by section 5 of the act of July 30, 1892 (27 Stat. 336). (See the chapter entitled Commis- sioned Officers.) ' Section 1213, R. S., see par. 1154, ante. Section 1214, R. S., relates to promo- tion of noncommissioned officers. The Secretary of War is authorized to assign recent graduates, noncommis- sioned officers, and civilians to the cavalry or infantry, although " additional " second lieutenants remain in the Engineers and Artillery, and no vacancies exist in the last-named branches. (XX Opin. Att. Gen., 149.) 420 MILITARY Laws OF THE UNITED STATES. 1160. No study on Sunday. — The Secretary of War shall so ar- range the course of studies at the Academy that the cadets shall not be required to pursue their studies on Sunday.^ Sec. 132Jf^ R. S. 1161. Instruction in physiology^ etc, — The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of textbooks in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States. Sec. 2. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the provisions of this act ; and any such officer, school director, committee, superin- tendent, or teacher who shall refuse or neglect to comply with the re- quirements of this act, or shall neglect or fail to make proper pro- visions for the instruction required and in the manner specified by the first section of this act, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases. Act of May 20, 1886 {U Stat. 69). 1162. DefiQient cadets. — No cadet who is reported as deficient, in either conduct or studies, and recommended to be discharged from the Academy shall, unless upon recommendation of the academic board, be returned or reappointed or appointed to any place in the Army before his class shall have left the Academy and received their commissions.^ Sec. 1325, R. S. 1163. Courts-martial for trial of cadets. — The Superintendent of the Military Academy shall have power to convene general courts- martial for the trial of cadets, and to execute the sentences of such ^ The course of study at the Military Academy is fixed in part by the statutes creating the several departments of instruction (paragraphs 1106 and 1119, ante) and other enactments of Congress (paragraph llGl, post), and in part by Executive regulation. '* Where a cadet was, by order of the Secretary of War, on the recommenda- tion of the academic board, discharged from the Military Academy for de- ficiency in studies; Held, (1) that the order of discharge, having been com- pletely executed, is beyond the power of revocation; (2) that section 1325, Revised Statutes, prohibits the returning or reappointing of the cadet to the Academy, except upon the recommendation of the academic board; (3) that Congress may thus limit or restrict the authority of the President to appoint cadets; (4) that accordingly it is not competent for the President to revoke the said order or to restore the cadet to the Academy, irrespective of the recom- mendation of the academic board. (XVII Opin. Att. Gen., 67.) Change of name by cadet. (Dig. Opin. J. A. G., 83, I G 4.) MILITARY LAWS OF THE UNITED STATES. 421 courts, except the sentences of suspension and dismission, subject to the same limitations and conditions now existing as to other gen- eral courts-martial.^ Sec. 1326^ R. S, 1164. Hazing. — The superintendent of the United States Military- Academy, subject to the approval of the Secretary of War, shall make appropriate regulations for putting a stop to the practice of hazing, such regulations to prescribe dismissal, suspension, or- other adequate punishment for infractions of the same, and to embody a clear definition of hazing. That any cadet who shall be charged with offenses under such regulations which would involve his dismissal from the academy shall be granted, upon his written request, a trial by a general court- martial, and any cadet dismissed from the academy for hazing shall not thereafter be reappointed to the corps of cadets nor be eligible for appointment as a commissioned officer in the Army or Navy or Marine Corps until two years after the graduation of the class of which he was a member.^ Act of Apr. 19, 1910 {36 Stat. 323), MILITARY ACADEMY BAND. 1165. Organization and alloivances. — The Military Academy band shall hereafter consist of one teacher of music, who shall be the leader of the band, one enlisted band sergeant and assistant leader, and of * These courts have the same composition as the general courts-martial authorized to be convened by the seventy-second and seventy-third articles of war. Professors of the Military Academy are " commissioned oflBcers of the Army." Decision of the Secretary of War, May 27, 1857. But they are not commis- sioned ofliicers within the meaning of the seventy-fifth article of war, and there- fore can not be detailed as members of courts-martial. Scott's Digest, para- graph 169, note 16. The President may, by his regulations of the civil police of the Academy, invest them with authority adequate to all the purposes of their professorships; but he can invest them with no portion of judicial power to affect the life or liberty of others. (I Opin. Att. Gen., 469; see also last clause of paragraph 1126, ante.) The undergraduate cadets are not commissioned officers, and are, therefore, not competent to sit on a courtrmartial, and are triable by a regimental or gar- rison court-martial. (VII Opin. Att. Gen., 323.) In their internal academic organization as officers, noncommissioned officers, and privates they are not subject to the articles of war as respects their relation to one another, but only as respects their relation to commissioned officers of the Army, on duty as such at the Academy. (Id.) Cadets are amenable to trial by court-martial for violations of the regula- tions of the Academy as "conduct to the prejudice of good order and military discipline." (Dig. Opin. J. A. G. 82, I. D. 3a.) As to measures of school dis- cipline see Dig. J. A. G. 82, I. D 3 b (1). Where a cadet at West Point is sentenced by a court-martial to be dismissed the service, and the President commutes the sentence to suspension for a fixed period, it will not be inferred that his purpose was to deprive him of pay unless it is expressly so stated or is clearly established that such was his pur- pose. (Conrad v. U. S., 32 Ct. Cls., 139.) Where the President commutes the sentence of one cadet to suspension and. of another to suspension without pay it is conclusive that he did not intend the former sentence to extend to loss of pay. (Id.) ^This enactment replaces the penalty imposed by the act of March 2, 1901 (31 Stnt. 911), which in turn replaced that imposed by the act of March 31, 1884 (23 Stat. 7), 422 MILITABY LAWS OF THE UNITED STATES. forty enlisted musicians. The teacher of music shall receive the pay of a second lieutenant, not mounted; * * * and each of the aforesaid enlisted meh shall also be entitled to the clothing, fuel, rations, and other allowances of musicians of cavalry; and the said teacher of music, the band sergeant and assistant leader, and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, applicable to other officers or enlisted men of the Army. Sec. 1111^ R. S., as amended by Act of Mar. S, 1905 {33 Stat. 863) . 1166. Pay. — For pay of military band, one band sergeant and as- sistant leader, nine hundred dollars ; Twelve enlisted musicians, at forty-five dollars per month, six thousand four hundred and eighty dollars ; Twelve enlisted musicians, at thirty-six dollars per month, five thousand one hundred and eighty-four dollars ; Sixteen enlisted musicians, at thirty dollars per month, five thou- sand seven hundred arid sixty dollars ; f: * * * 41 * • For pay of field musicians: One sergeant, six hundred dollars; One corporal, two hundred and fifty-two dollars ; Twenty-two privates, at one hundred and eighty dollars each, three thousand nine hundred and sixty dollars. « « * * iN 4c 4( Hereafter the monthly pay during the first enlistment of enlisted men of the band and field musicians of the United States Military Academy shall be as hereinbefore stated, and the continuous service pay of all grades shall be the same as provided in the Act approved May eleventh, nineteen hundred and eight, entitled "An Act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and nine." Act of May 28^ 1908 {35 Stat, m)' 1167. Music furnished outside reservation. — The band or members thereof and the field musicians of the Military Academy shall not receive remuneration for furnishing music outside the limits of the military reservation when the furnishing of such music places them in competition with local civilian musicians. Id.^ Ji.32, DETACHMENTS OF ENLISTED MEN. 1168. Army service men^ Quartermaster Corps. — The enlisted men known as the artillery detachment at West Point shall be mustered out of the service as artillery men and immediately reenlisted as Army Service men in the Quartermaster's Department, continuing to perform the same duties and to have the same pay, allowances, MILITARY LAWS OF THE UNITED STATES. 423 rights, and privileges, and subject to the rules, regulations, and laws in the same manner as if their service had been continuous in the artillery, and their said service shall be considered and declared to be continuous in the Army.^ Act of June W, 1890 {26 Stat. 167) . 1169. Same — Not entitled to extra duty fay. — Hereafter no part of the moneys appropriated for use of the Quartermaster's Department shall be used in payment of extra duty pay for the Army servicemen in the Quartermaster's Department at West Point. Act of Mar. ^, 1907 {Si Stat. 1167). 1170. Restriction on strength of detachments. — The detachments of enlisted men at the Military Academy, heretofore designated as the General Army Service, Quartermaster's Department, and the cavalry detachment, shall be fixed at such numbers, not exceeding two hun- dred and fifteen enlisted men in both detachments, as in the opinion of the Secretary of War the necessities of the public service may from time to time require; but the number of enlisted men of the Army shall not be increased on account of this proviso or the two preceding paragraphs of this act.^ Act of Feb. 10^ 1897 {29 Stat. 519). 1171. Engineer detachment. — Hereafter there shall be maintained at the United States Military Academy an engineer detachment, which shall consist of one first sergeant, one quartermaster sergeant, eight sergeants, ten corporals, two cooks, two musicians, thirty-eight first-class privates, and thirty-eight second-class privates; For pay of such engineer detachment, twenty-four thousand dol- lars ; additional pay for length of service, six thousand four hundred and eight dollars: Provided^ That the enlisted men of said detach- ment shall receive the same pay and allowances as are now or may be hereafter authorized for corresponding grades in the battalions of engineers: Provided further^ That nothing herein shall be so con- strued as to authorize an increase in the total number of enlisted men of the Army nov/ authorized by law. Act of Aug. 9, 1912 {37 Stat, m). *The act of June 20, 1890 (26 Stat. 167), which changed the name of the artil- lery detachment at West Point to " Army Service men in the Quartermaster's Department," contemplated only a change of name of the corps, without affect- ing their duties, pay, or allowances, including extra duty and extra pay there- for. (IV Comp. Dec, 353.) The act of June 6, 1900 (31 Stat. 647), makes provision for the pay of an artillery detachment of forty enlisted men. This number has been increased from time to time until one hundred and thirty-six enlisted men are provided for in the act of March 4, 1913 (37 Stat. 857). ''The act of April 26, 1898 (30 Stat. 365), which provides that in time of war no additional compensation shall be allowed to soldiers performing what is known as " extra or special duty," applies to enlisted men at the Military Academy. (4 Dec. Comp., 616.) The act of July 26, 1894 (28 Stat. 155), conferred authority upon the Secre- tary of War to increase the strength of the Army Service Detachment of the Quartermaster's Department to one hundred and fifty men. The act of March G, 1896 (29 Stat. 48). fixes the strength of the cavalry detachment as follows: One first sergeant, five sergeants, four corporals, two farriers, one saddler, one wagoner, and fifty-two privates. The authorized strength of these detachments is now 215 enlisted men. 424 MILITAKY LAWS OF THE UNITED STATES. THE LIBRARY. 1172. Senate documents for library. — The Secretary of the Senate shall furnish annually to the library of the Academy one copy of each document published, during the preceding year, by the Senate. Sec, 1332, R, S. 1173. Depository of Government publications. — The libraries of the eight Executive Departments, of the United States Military Academy, and United States Naval Academy are hereby constituted designated depositories of Government publications, and the super- intendent of documents shall supply one copy of said publications, in the same form as supplied to other depositories, to each of said libraries.^ Sec. 98, Act of Jan. 12, 1895 {28 Stat. 62Jf). THE BOARD OF VISITORS. 1174. How constituted and appointed. — That the Act approved May twenty-eighth, nineteen hundred and eight, be amended and re- enacted so as to read as follows: That hereafter the Board of Visitors to the Military Academy shall consist of five members of the Committee on Military Affairs of the Senate and seven members of the Committee on Military Affairs of the House of Representatives, to be appointed by the re- spective chairmen thereof ; the members so appointed shall visit the Military Academy annually at such time as the chairman of said committees shall appoint, and the members from each of said com- mittees may visit said academy together or separately as the said committees may elect during the session of Congress; and the super- intendent of the academy and the members of the Board of Visitors shall be notified of such date by the chairman of the said committees. The expenses of the members of the board shall be their actual ex- penses while engaged upon their duties as members of said board not to exceed five dollars per day and their actual expenses of travel by the shortest mail routes : Provided further, That so much of sections thirteen hundred and twenty-seven, thirteen hundred and twenty- eight, and thirteen hundred and twenty-nine, Revised Statutes of the United States, as is inconsistent with the provisions of this Act are hereby repealed. Act of Aug, 9, 1912 (37 Stat. 257). * The maintenance of the library is provided for in the annual acts of appro- priation for the support of the Military Academy. Beginning with the act of May 1, 1888 (25 Stat. 112), said acts have contained the following provision: " That all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by contract or otherwise, as the Secretary of War may deem best." Also beginning with act of March 4, 1909 (35 Stat. 1037), they have contained the following: " Section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign, professional, and other newspapers and periodicals, to be paid for from any of the foregoing appropriations." Section 3648 prohibits the advances of public moneys. An appropriation for a library is a specific appropriation for books and other publications necessary or appropriate therefor. (VI Comp. Dec, 736.) MILITARY LAWS OF TITE UNITED STATES. 425 1175. Duties. — It shall be tlie duty of the board of visitors to in- quire into the actual state of the discipline, instruction, police ad- ministration, fiscal affairs, and other concerns of the Academy. The visitors appointed by the President shall report thereon to the Sec- retary of War, for the information of Congress, at the commence- ment of the session next succeeding such examination, and the Senators and Representatives designated as visitors shall report -to Congress, within twenty days after the meeting of the session next succeeding the time of their appointment, their action as such visitors, with their views and recommendations concerning the Academy. Sec. 1328, R. S. MISCELLA N EOUS. "'* 1176. Additional pay of certain enlisted men, — The noncommis- sioned officer in charge of mechanics and other labor at the Military Academy, the soldier acting as clerk in the adjutant's office, and the four enlisted men in the philosophical and chemical departments and lithographic office, shall receive fifty dollars a year additional pay. Sec, ISJfl, R, S. 1177. Contingencies of Superintendent. — For contingencies for Superintendent of the Academy, one thousand dollars.^ Act of Mar, 6, 1896 {29 Stat. ^9). 1178. Contingent fund. — All funds arising from the rent of the hotel on Academy grounds, and other incidental sources, from and after this date be, and are hereby, made a special contingent fund, to be expended under the supervision of the Superintendent of the Academy, and that he be required to account for the same, annually, accompanied by proper vouchers to the Secretary of War. Act of May 1, 1888 {25 Stat. 112). Provided, That all proceeds of sales of gas [shall] be paid into the post fund. Act of Mar. 1, 1893 {27 Stat, 620). 1179. Proceeds of sale of unserviceable material. — When any in- strument, apparatus, implements, or materials which have been here- tofore or may hereafter be purchased or acquired for the use of any department of instruction or for the maintenance and operation of *Any appropriation for contingencies for the Superintendent of the Military Academy is available for such casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the Superintendent. * * * The certificate of the Superintendent, as to the correctness and justness of expenditures from the appropriation for contingencies for said Superintendent may be accepted in the adjustment and settlement of Military Academy accounts. (3 Dig. 2d Comp. Dec, par. 828.) All accounts for the expenditure of public moneys should be itemized so far as practicable, and a discretion given to the officer having control of an appro- priation does not dispense with this requirement. (IV Comp. Dec, 159.) An appropriation for contingencies for the Superintendent of the Military Academy is an appropriation for purposes of a contingent character — that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely. (3 Dig. Dec 2d Comp., par. 827.) 426 MILITAEY LAWS OF THE UNITED STATES. the waterworks are no longer needed or are no longer serviceable they may be sold in such manner as the superintendent may direct and the proceeds credited to the appropriation for the department or the waterworks for which they were purchased or acquired. Act of Aug, 9, 1912 {37 Stat. 260). 1180. The Cullum Memorial Hall. — The Memorial Hall to be erected under the provisions of this act shall be a receptacle of statues, busts, mural tablets, and portraits of distinguished and de- ceased officers and graduates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession; and to prevent the introduction of unworthy subjects into this hall the selection of each shall be made by not less than two-thirds of the members of the entire academic board of the United States Military Academy, the vote being taken by ayes and nays and to be so recorded. Sec. 6, Act of July 23, 1892 {27 Stat. 263). 1181. Buildings for religious worship. — The Secretary of War, in his discretion, may authorize the erection of a building for religious worship by any denomination, sect, or religion on the West Point Military Eeservation: Provided, That the erection of such building will not interfere with the uses of said reservation for military pur- poses. Said building shall be erected without any expense whatever to the Government of the United States, and shall be removed from the reservation, or its location changed by the denomination, sect, or religious body erecting the same whenever, in the opinion of the Sec- retary of War, public or military necessity shall require it, and with- out compensation for such building or any other expense whatever to the Government. Act of July 8, 1898 {30 Stat. 722). 1182. The Army War College. — For hire of clerks, purchase of stationery, furniture, and for contingent expenses incident to the establishment of the Army War College, having for its object the direction and coordination of the instruction in the various service schools, extension of the opportunities for investigation and study in the Army and militia of the United States, and the collection and dissemination of military information, twenty thousand dollars. Act of May 26, 1900 {31 Stat. 209). 1183. The service schools. — United States service schools: To pro- vide means for the theoretical and practical instruction at the Staff College (including the Army School of the Line,^ Army Field Engi- neer School, and the Army Signal School) at Fort Leavenworth, *The Infantry and Cavalry Scliool was established at Fort Leavenworth, Kans., in pursuance of General Orders, No. 42, Adjutant-General's Office, of May 7, 1881. Although not created by statute, its existence was recognized by Congress in several acts of aiit»ropriations, beginning with the act of March 2, 1889. It has been superseded by the "Army School of the Line," which was first recognized by statute in the act of March 3, 1909 (35 Stat. 733). For complete list of service schools see par. 449, A. R., 1913, MILITARY LAWS OF THE UNITED STATES. 427 Kansas, the Mounted Service School at Fort Riley, Kansas, and the School of Fire for Field Artillery at Fort Sill, Oklahoma, by the pur- chase of text-books, books of reference, scientific and professional papers, the purchase of modern instruments and material for theo- retical and practical instruction, and for all other absolutely neces- sary expenses, to be allotted in such proportions as may, in the opin- ion of the Secretary of War, be for the best interests of the military service, $30,350. Act of Mar, 2, 1913 {37 Stat, lOJi) , * * * That from the enlisted force of the army now provided by law the President may authorize the organization of school de- tachments at each of the service schools, and may authorize the ap- pointment therein of such noncommissioned officers, mechanics, ar- tificers, farriers, horseshoers, and cooks as may be necessary for the administration of such school: Provided^ That nothing herein shall be construed as to authorize an increase in the total number of en- listed men of the army now authorized by law. Act of Mar, 3, 1909 (36 Stat, 733). 1184. The Engineer School. — Equipment and maintenance of the Engineer School at Washington Barracks, District of Columbia, in- cluding purchase of instruments, machinery, implements, models, and materials, for the use of the school and for instruction of engi- neer troops in their special duties as sappers and miners; for land mining, pontooning, and signaling; for purchase and binding of pro- fessional works and periodicals of recent date treating of military and civil engineering and kindred scientific subjects for the library of the United States Engineer School, * * * dollars.^ Act of Mar. 2, 1913 {37 Stat, 719), 1185. The artillery schools. — Coast Artillery School, Fort Monroe, Virginia.2 For incidental expenses of the school, including chem- * The United States Engineer School was established by Executive order, but has been recognized in the several acts of appropriation from the act of March 3, 1873 (17 Stat 546), down to the present time. It was originally located at Fort Totten, Willets Point, N. Y., but was removed in 1902 to Washington Bar- racks, D. C. (See General Orders 155, A. G. O., Nov. 27, 1901.) ^ The Artillery School was established at Fortress Monroe, Va., in pursuance of General Orders, No. 18, Adjutant-General's Office, of April 5, 1824. It ceased to exist, in 1835, by reason of the transfer of the troops composing the school to other duties. It was reestablished by General Orders, No. 9, Adjutant-General'.^ Office, of October SO, 1856. A code of regulations and plan of instruction was approved by the Secretary of War and published to the Army in General Orders, No. 5, Adjutant-General's Office, of May 18, 1858. The school was again dis- continued at the outbreak of the War of the Rebellion in 1861. It was reor- ganized by General Orders, No. 99, Adjutant-General's Office, of November 13, 1867. Although not created by statute, its existence has been recognized and the courses of study pursued have been sanctioned by Congress In several acts of appropriation. (See the various acts of appropriation from that of June 20, 1878 (20 Stat. 223). down to the present time). It was first appropriated for as the " Coast Artillery School" in the act of March 3, 1909 (35 Stat. 733). In the act of August 24, 1912 (37 Stat. 570), under the appropriation for '' United States Service Schools " provision is made for a " School of Fire for Field Artillery at Fort Sill, Okla.," and this provision is continued in the act of March 2, 1913 (37 Stat. 704). 428 MIEITAKY LAWS OF THE UNITED STATES. icals, stationery, hardware; cost of special instruction of officers de- tailed as instructors ; extra-duty pay to soldiers necessarily employed for periods not less than ten days as artificers on work in addition to and not strictly in line with their military duties, such as carpenters, blacksmiths, draftsmen, printers, lithographers, photographers, engine drivers, telegraph operators, teamsters, wheelwrights, masons, machinists, painters, overseers, laborers; office furniture and fixtures, machinery, and unforeseen expenses, $10,000. For purchase of engines, generators, motors, machines, measuring instruments, special apparatus and materials for the division of the enlisted specialists, $7,000. For purchase of special apparatus and materials and for experi- mental purposes for the department of artillery and land defense, $3,000. For purchase of engines, generators, motors, machines, measuring instruments, special apparatus and materials for the department of engineering and mine defense, $5,500. For purchase and binding of professional books of recent date treating of military and scientific subjects for library and for use of school, $2,500. * * * Act of Mar. 2, WIS {37 Stat. 706). 1186. The Mounted Service School. — That the Secretary ^f War be, and he is hereby, authorized and directed to establish upon the mil- itary reservation at Fort Riley, a permanent school of instruction for drill and practice for the cavalry and light artillery service of the Ai-my of the United States, and which shall be the depot to which all recruits for such service shall be sent; and for the purpose of con- struction of such quarters, barracks, and stables as may be required to carry into effect the purposes of this act the sum of two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appro- priated.^ Act. of Jan. 29, 1887 {U Stat. 372) . 1187. Leaves of absence of instructors at service schools. — The pro- visions of section thirteen hundred and thirty, Revised Statutes, authorizing leaves of absence to certain officers of the Military Acad- emy, during the period of the suspension of the ordinary academic studies, without deduction from pay and allowances, be, and are hereby, extended to include officers on duty exclusively as instructors at the service schools on approval of the officer in charge of said schools. Act of Mar. 23, 1910 {36 Stat. 2U)' ^ The CaValry and Light Artillery School was established in pursuance of the act of January 29, 1887, by General Orders, No. 17, Adjutant-General's Office, of March 14, 1892. See also in connection with this school the acts of October 2, 1888 (25 Stat. 534), and March 2, 1889 (id., 966). This school has been superseded by the " Mounted Service School at Fort Riley, Kans.," and provision has been ma/le therefor under that title beginning with the act of March 3, 1909 (35 Stilt. 733). (See par. 1183, ante.) MILITARY LAWS OF THE UNITED STATES. 429 1188. Prizes for graduates from Army schools for hahers and cooks. — For providing prizes to be established by the Secretary of War for enlisted men of the Army who graduate from the Army schools for bakers and cooks, the total amount of such prizes at the various schools not to exceed nine hundred dollars per annum, * * * dollars.^ Act of Mar, 2, 1907 {S^ Stat. 1166). *A similar provision has occurred in tlie several annual Army appropriation acts since this enactment. CHA.FTER XXIX. CONTRACTS AND PURCHASES. Par. General provisions 1189-1195 Contracts under direction of Secretary of War 1189 Unauthorized contracts prohib- ited 1190 Building contracts not to exceed appropriation 1191 Same— penalty 1192 Sites for buildings 1193 Contracts for stationery 1194 Voluntary service 1195 Advertising 1196-1205 Advertising — exceptions 1196 Same — supplies, etc., for exec- utive departments 1197 Same — Army supplies 1198 Same — ^period of advertising and award 1199 Same — open market purchases under $500 , 1200 Same — in newspapers 1201 Same — rates 1202 Same — in District of Columbia, limitations 1203 Same — rates in District of Co- lumbia 1204 Same — on Pacific coast 1205 Proposals— bidders' bonds 1206-1210 Secretary of War to prescribe rules, etc 1206 Bidders' bonds 1207 Opening bids 1208 Separate proposals and contracts 1209 River and harbor improvements in same region 1210 Written contracts — returns of- fice 1211-1216 Formal written contracts — re- turns office 1211 Oath to return 1212 Penalty for omitting return 1213 Instructions regarding return . . 1214 Stipulation that no Member, etc., of Congress shall have interest 1215 Par. Written contracts — returns office — Continued. Contracts to be filed with audit- ors 1216 Bonds to secure payment for labor and material 1217 Eight-hour law 1218-1232 Eight hours to be a day's work 1218 Same — contractors on public works — emergencies 1219 Same— penalty 1220 Same — present contracts unaf- fected 1221 Same — contract for withholding penalty 1222 Same — exceptions 1223 Same — when effective 1224 Same — Canal Zone 1225 Same 1226 Mississippi River levee work . . 1227 Naval appropriation act 1228 Same 1229 Same 1230 Fortification act 1231 Amendment of act of Ai^ust 1, 1892 1232 Transfer of contract prohibited 1233 Miscellaneous provisions 1234-1244 Preference for American mate- rial 1234 Means of transportation 1235 Contracts for printing 1236 Post bakeries 1237 Delivery of subsistence sup- plies 1238 Purchase of steel 1239 Purchases from Indians 1240 Name of contractor on supplies. 1241 Inspection of fuel — District of Columbia 1242 Same — copy of appointment to accounting officers 1243 Same — certificate of inspector required. 1244 431 432 MILITABY LAWS OF THE UNITED STATES. Par. Penal offenses 1245-1254 Member, etc., of Cor.t>^39> or officer of United States accept- ing pay for procuring contract. 1245 Same — for services in relation to contracts 1246 Member, etc., of Congress — in- terested in contract 1247 Officer contracting with Mem- ber, etc., of Congress 1248 Par. Penal offenses — Continued. Same — exception as to corpora- tions 1249 Agent of corporation as agent of United States 1250 Bribery 1251 Extortion 1262 Witness accepting bribe 1263 Officer, etc., accepting bribe... 1254 GENERAL. PROVISIONS. 1189. Contracts under direction of Secretary of 'War> — All pur- chases and contracts for supplies or services for the military and naval service shall be made by or under the direction of the chief officers of the Departments of War and of the Navy, respectively.^ * The United States in its political capacity may, within the sphere of the con- stitutional powers confided to it, and through the instrumentality of the depart- ments to which those powers are intrusted, enter into contracts not prohibited by law and appropriate to the just exercise of these powers; no legislative authorization is required, such power being incident to the general right of sovereignty. (Dugan v. U. S., 3 Wheaton, 172; U. S. v. Tingey, 5 Peters, 114; U. S. V. Bradley, 10 id., 343 ; U. S. v. Linn, 15 id., 290 ; Cotton v. U. S., 11 How- ard, 229; Fowler v. U. S., 3 Ct. Cls., 43; Allen v. U. S., id., 91.) ' Under this statute the Secretary of War is the source of all authority to make contracts or purchases in all branches of the military establishment. " Whether he makes the contracts himself, or confers the authority upon others, it is his duty to see that they are properly and faithfully executed; and if he becomes satisfied that contracts which he has made himself are being fraudu- lently executed, or those made by others were made in disregard of the rights of the Government, or with the intent to defraud it, or are being unfaithfully executed, it is his duty to interpose, arrest the execution, and adopt effectual measures to protect the Government against the dishonesty of subordinates." (U. S. V. Adams, 7 Wall., 463, 477; Parish v. U. S., 8 Wall., 489.) The head of an Executive Department may, when not prejudicial to the in- terests of the Government, or for its benefit, alter or modify the terms of a con- tract made under his direction, but his subordinates may not take such action without express authority from him. (2 Comp. Dec, 182.) The laws governing the purchase of supplies for the Army are equally appli- cable whether the purchases are made from funds received from the sale of stores or from the regular appropriations available therefor. (3 Dig. 2d Comp. Dec, 287.) The Secretary of War has authority to extend the time for the execution of a contract made on behalf of his department when the interests of the Gov- ernment are not thereby prejudiced, and particularly when its noncompletion within the time limited is not due to the negligence of the contractor. (2 Comp. Dec, 242 ; Solomon v. U. S., 19 Wall., 17 ; U. S. v. Corliss Steam Engine Co., 91 U. S., 321; XVIII Opin. Att. Gen., 101; 2 Comp. Dec, 635.) Approval of contract 'by superior authority. — Where a contract in terms " is subject to the approval of the Quartermaster General," approval is a condition precedent to the legal effect of the agreement. (Darragh v U. S., 33 Ct. Cls., 377; Monroe & Richardson v. U. S., 35 id., 199; Cathell v. U. S., 46 id., 368; Monroe v. U. S., 184 U. S., 524.) The refusal of the Qartermaster General to approve a contract after work has been begun by the contractor is not a rescission. The contractor who begins work before approval does so at his own risk; and if he is paid for the work done, he can not recover profits as if there had been a breach. (Id.) Such approval need not be in writing. (Speed's Case, 8 Wallace, 77.) Government contracts, Jyy whom made, Undirig force, etc. — Where a public agent acts in the line of his duty and by legal authority, his contracts made MILITARY LAWS OF THE UNITED STATES. 433 And all agents or contractors for supplies or service as aforesaid shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before prescribed. Sec, 37 H^ R. S, 1190. Unauthorized contracts prohibited. — No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its ful- fillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital sxipplies^ which, however, shall not exceed the necessities of the current year.^ Sec, 3782^ R. S., as amended by Act of June 12, 1906 {3i Stat. 266). on account of the Government are public and not personal. They inure to the benefit of and are obligatory on the Government, not the officer. (Hodgin v. Dexter, 1 Cranch, 345, 363; Parks v. Ross, 11 Howard, 362.) The Government is not bound by the act of its agent, unless it clearly appear that he acted within the scope of his authority, or was employed as a public agent to do, or was held out as having authority to do, such act. (Whiteside v. U. S., 93 U. S., 247; Lee v. Munroe, 7 Cranch, 366; Filer v. U. S., 9 Wall., 45.) Where service was performed under a general appropriation, the contractor is not bound to know the condition of the appropriation. (Myerle v. U. S., 33 Ct. Cls., 1.) See note to paragraph 1211, post. ^ The words " medical and hospital supplies " were added by act of June 12, 1906 (34 Stat. 255). ^The United States when it enters into a contract with an individual relin- quishes its sovereign character quoad that transaction is subject to the rules of right and justice between man and man, and is controlled by the same laws that govern individuals with respect to such contract. (Clark v. U. S., 6 Wallace, 546 ; U. S. v. Smoot, 15 id., 47 ; Cooke v. U. S., 91 U. S., 398 ; U. S. v. Bostwick, 94 U. S., 592 ; Mann v. U. S., 3 Ct. Cls., 404 ; Chic. R. R. Co. v. U. S. 104, U. S., 680; U. S. v No. Am. Com. Co., 74 Fed. Rep., 145.) The United States is liable in damages for breach of contract to the same extent as an individual. (Chicago R. R. Co. v. U. S., 104 U. S., 680; Eastern R. R. Co. v. .U. S., 129, U. S., 396.) Such right of action against the United States, however, is subject to the limitation that the Government can not be sued without its consent. (U. S. v. McLemore, 4 Howard, 286; U. S. v. Clarke, 8 Peters, 436, 444 ; DeGroot v. U. S., 5 Wallace, 419 ; U. S. v. Eckford, 6 id., 484 ; U. S. v. Lee, 106 U. S., 204; Nock v. U. S., 2 Ct. Cls., 451.) Such consent to be sued, in respect to certain causes of action, has been given by the establishment of the Court of Claims. (For the jurisdiction of this court, see Chapter VII, ante.) The restrictions of section 3732, Revised Statutes, are in the alternative, prohibiting a contract or purchase on the part of the United States unless " authorized by law " or unless such contract or purchase is made " under an appropriation adequate to its fulfillment." Contracts to be valid must be shown to come under one or the other of these provisions. (Shipman v. U. S., 155 U. S., 500.) When the authority to enter into a contract for a particular work in behalf of the United States depends wholly upon an appropriation of money made for that purpose, no officer of the Government has power to create a liability therefor beyond the amount of the appropriation, and a contractor can not re- cover more than the money appropriated, whatever may be the extent of his work. When an alleged liability rests wholly upon the authority of an ap- propriation they must stand or fall together, so that when the latter is ex- hausted the former is at an end, to be revived, if at all, only by subsequent legislation by Congress. ( Shipman v. U. S., 18 Ct. Cls., 138, 147 ; McCuUom v. U. S., 17 id., 92, 103; Trenton Co. v. U. S., 12 id., 147, 157.) A contract in excess of the appropriation would not bind future appropriations even if con- 92061°-^17 ^28 484 MILITABY LAWS OF THE UNITED STATES. 1191. Building contract not to exceed appropriation. — No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose.^ Sec. 3733^ R, S, 1192. Same — Penalty. — Whoever, being an officer of the United' States, shall knowingly contract for the erection, repair, or furnish- ing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined not more than two thousand dollars and imprisoned not more than two years. Sec, 98 {Criminal Code) Act of Mar. ^ 1909 {36 Stat. 1106), 1193. Sites for buildings. — No money shall be paid nor contracts made for payment for any site for a public building in excess of the amount specifically appropriated therefor. Act of Mar. 3, 1876 {IS Stat. 396). 1194. Contracts for stationery. — It shall not be lawful for any of the Executive Departments to make contracts for stationary or other supplies for a longer term than one year from the time the contract is made. Sec. 3736, R. S, 1195. Voluntary service — Exceptions. — Hereafter no Department or officer of the United States shall accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property.^ Act of May i, ISSIf {23 Stat. 17). ditioned on such appropriations. (15 Op. Atty. Gen., 235) ; and if a future appropriation is made, this gives rise to a new power to contract. (3 Comp. Dec, 438; 4 id., 318; 5 id., 968; 9 id., 284; 13 id.. 478; 14 id., 755; Chase v. U. S., 155 U. S. 500.) If an officer is clothed with authority to do a piece of work without limitation as to cost, the contracts made by him therefor are binding upon the Government whether money is appropriated for the purpose or not. (Shipman v. U. S., 18 id., 138; Collins v. U. S., 15 id., 22, 35; XIII Op. Att. Gen., 315; XV id., 236.) Acknowledgments and promises made by executive officers of the Government do not bind the United States when they are not made under express or implied authority of Congress. (Leonard et al. v. U. S., 18 Ct. Cls., 382.) ^Authority to contract for the completion of an entire structure, the plan of which has been determined on, can not be inferred from the mere fact that an appropriation of a certain sum, to be expended on the structure, has been made. Hence a contract, though it be good to the extent of such appropriation, could not affix itself to future appropriations and control their expenditure. A con- tract of this character would be in violation of the spirit of section 3, act of July 25, 1868 (sec. 3733, R. S.), if not of its express terms. (XV Op. Att. Gen., 236.) Under section 5 of the act of June 20, 1874 (18 Stat. Ill), all appropriations for "public buildings" are available until otherwise ordered by Congress. (8 Dig. 2d Comp. Dec, 29.) A subappropriation for a public building must, under the act of June 20, 1874 (18 Stat. 110, 111), remain available until its object has been accomplished or until it has been exhausted, unless otherwise ordered by Congress. (Id. See also 2 Comp. Dec, 365; 3 id., 487.) * Denison v. U. S., 168 U. S., 241. See also par. 37, ante. MILITARY LAWS OF THE UNITED STATES. 435 ADVERTISING. 1196. Advertising — Exceptions. — All purchases and contracts for supplies^ or services in any of the Departments of the Government, except for personal services, shall be made by advertising ^ a suffi- cient time previously for proposals respecting the same when the public exigencies do not require the immediate delivery of the^ arti- cles or performance of the service. When immediate delivery or performance is required by the public exigency^ the articles or * The word " supplies " as used in section 3709 of the Revised Statutes evi- dently has reference to those things which the well-known needs of the public service will from time to time require in its different branches for its successful jmd efficient administration, and the statute was intended to afford the Gov- ernment the pecuniary benefits, as well as the protection against fraud and fav- oritism, which open and honest competition is always likely to secure. It could not have been in the mind of the lawmaking power to require that purchases could only be made after advertisement of small articles which may occasionally be needed, and where in many cases the cost of advertising itself would exceed the value of the article purchased. It can not be said that such cases are gov- erned by the emergency provision in the statute, for there may be, and are, many instances where the officer could not truthfully certify that immediate delivery was necessary. (3 Dig. 2d Comp. Dec, 288.) *The act of March 2, 1861, sec. 3709, R. S., while requiring such advertise- ment as the general rule, invests the officer charged with the duty of procuring Fupplies or services with a discretion to dispense with advertising if the exigen- cies of the public service require immediate delivery or performance. It is too well settled to admit of dispute at this day that where there is a discretion of this kind conferred on an officer or board of officers, and a contract is made in which they have exercised that discretion, the validity of the contract ca'i not be made to depend on the degree of wisdom or skill which may have accom- panied its exercise. (U. S. v. Speed, 8 Wall., 77, 83; Child v. U. S., 4 Ct. Gls., 176; Mason v. U. S., 4 Ct. Cls., 495; Wentworth v. U. S., 5 Ct. Cls., 302. See, also. III Comp. Dec., 175, 314, 470.) ' Exigencies growing out of a state of war, or hostilities with Indians, were probably mainly had in view, and it is exigencies of this class which have been considered in the adjudged cases in the Supreme Court and Court of Claims. (See U. S. V. Speed, 8 Wallace, 83; Reeside v. V. S., 2 Ct. Cls., 1; Mowry -y. U. S., id., 68 ; Stevens v. U. S., id., 95 ; Floyd v. V. S., id., 429 ; Crowell v. U. S., id., 501; Baker v. U. S., 3 id., 343; Henderson v. U. S., 4 id., 75; Childs v. U. S., id., 176 ; Wentworth v. U. S., 5 id., 302 ; Wilcox v. U. S., id., 386 ; Cobb v. V. S., 7 id., 471, and 9 id., 291; Thompson v. U. S., id., 187; McKee v. U. S., 12 id., 505.) It is clear, however, that other exigencies may exist requiring that con- tracts or purchases be made at once or without the delay incident to advertis- ing for proposals. Thus a loss of stores, structures, etc., on hand, caused by an actus Dei or vis major, as fire, storm, freshet, or a sudden riot or violent dis- order; or a loss of supplies occasioned by the neglect of military subordinates in charge; or a failure of a contractor to fulfill a contract for supplies, transpor- tation, or other service, might properly be regarded as constituting an ''exi- gency" under the statute, if of such magnitude or injurious consequence to the Army as to necessitate an immediate making good of the deficiency. (McKee i). U. S., 12 Ct. Cls., 529.) The general rule, however, of the statute in requiring a notice and invitation to the public as a preliminary to the awarding of a contract, is founded upon a sound and well-considered public policy, and excep- tions thereto, especially in time of peace, should be recognized as admissible only where, if the rule were strictly complied with, the public interests would manifestly be most seriously prejudiced. (Dig. Opin, J. A. G. (1912), 293 A.) As to the authority who is to decide whether there exists such an exigency as is contemplated by the statute, the Supreme Court, in the United States v. Speed, 8 Wallace, 83, has held that it is " the officer charged with the duty of procuring supplies or services who is invested with this discretion." This de scription is rather general, nor is the term " the purchasing officer," by which the Court of Claims explains it, in Thompson v. U, S. (9 Ct. Cls., 196), a much 436 MILITAEY LAWS OF THE UNITED STATES. service required may be procured by open purchase or contract at the places and in the manner in which such articles are usually bought and sold or such services engaged between individuals. Sec, 8709j B.S, - 1197. SaTne — Supplies, etc., for executive departments. — Hereafter all supplies of fuel, ice, stationery, and other miscellaneous supplies for the executive departments and other government establishments in Washington, when the public exigencies do not require the im- mediate delivery of the article, shall be advertised and contracted for by the Secretary of the Treasury, instead of by the several de- partments and establishments, upon such days as he may designate. There shall be a general supply committee in lieu of the board pro- more precise definition. It is clear ,however, that a subordinate oflScer charged with the duty of being the immediate representative of the United States in a contract or purchase should not, in general, venture to dispense with advertis- ing, on the theory of the existence of a public exigency, in the absence of in- structions or orders from a proper superior. Nor, on the other hand, will a superior officer, in entering into a contract for his command or branch of the service, properly assume that an "exigency " exists authorizing him to dispense with the statutory forms when the period is time of peace and no imperative necessity exists for the immediate delivery of the supplies or performance of the service supposed to be contracted for. It is to be noted that the cases both of Speed and Thompson related to contracts entered into during the Civil War. In the instructive opinions of the Attorney General on the " Fifteen per cent contracts " of April 27 and May 3, 1877 (XV Opin., 235, 253), it is held that the " exigency " contemplated by the statute can be one of time only, and that it can be regarded as existing only where an immediate delivery or performance is required by a public necessity. (Dig. Opin. J. A. G. (1912), note on p. 30<$.) A railitarv emergency can not be measured by precise rules. (Thompson v. U. S., 9 Ct. CIS., 187.) The act of March 2, 1861 (sec. 3709, R. S.), requires of a quartermaster that openness, diligence, prudence, and care which an indi- vidual- might be supposed to exercise were he buying goods in just such an emergency and under just such circumstances. * * * a statute relating to national emergencies must necessarily be construed liberally, but a case under it can form no precedent for other cases. What was right for a quartermaster to do under certain circumstances can be lawful and right only when the precise circumstances are repeated. (Childs & Co. v. U. S., 4 Ct. Cls., 176.) An officer' charged with the duty of making a contract or purchase is re- sponsible under the laws and regulations for his action. Permission or orders to make a contract or purchase without inviting competition will not justify that procedure and will not be given. (Par. 520, A. R, 1913.) In the absence of any emergency in fact, or any declared by the head of the department in which a public work is being carried on, or any emergency that can be judicially inferred, the requirements of this section, in respect to ad- vertisement, are mandatory, and a contract made in violation of it is void. (Schneider v. U. S., 19 Ct. Cls., 547, 551.) Personal services are such as the individual employed or contracted with must perform, in person, directly under the control and supervision of an officer or agent of the Government, as distinguished from services the performance of which may be delegated by the contractor to others. (Par. 596, A. R., 1901.) They are contracts for expert or skilled service to be performed by the con- tractor in person. (Dig. Opin. J. A. G. (1912), 308D. See also 15 Op. Atty. Gen., 235, 253; 19 id., 96; 6 Comp. Dec, 314.) Where the essential part of a contract is for personal services, advertising for proposals under section 3709, Revised Statutes, is not required. (2 Comp. Dec, 185.) Section 3709 does not require the advertising for proposals, nor the entering into contracts for the purchase of patented or copyrighted articles where the benefit of competition can not be secured. (2 Comp. Dec, 632.) See Dig. Opin. J. A. G. (1912), pages 306-312, as to exceptions to the rule requiring advertising. MILITAKY LAWS OF THE UNITED STATES. 437 vided for in section thirty-seven hundred and nine of the Revised Statutes as amended, composed of officers, one from each such depart- ment, designated by the head thereof, the duties of which committee shall be to make, under the direction of the said Secretary, an annual schedule of required miscellaneous supplies, to standardize such sup- plies, eliminating all unnecessary grades and varieties, and to aid said Secretary in soliciting bids based upon formulas and specifications drawn up by such experts in the service of the Government as the committee may see fit to call upon, who shall render whatever assist- ance they may require. The committee shall aid said Secretary in securing the proper fulfillment of the contracts for such supplies, for which purpose the said Secretary shall prescribe, and all depart- ments comply with, rules providing for such examination and tests of the articles received as may be necessary for such purpose ; in mak- ing additions to the said schedule; in opening and considering the bids, and shall perform such other similar duties as he may assign to them: Provided^ That the articles intended to be purchased in this manner are those in common use by or suitable to the ordinary needs of two or more such departments or establishments; but the said Secretary shall have discretion to amend the annual common supply schedule from time to time as to any articles that, in his judgment, can as well be thus purchased. In all cases only one bond for the proper performance of each contract shall be required, notwithstand- ing that supplies for more than one department or government es- tablishment are included in such contract. Every purchase or draw- ing of such supplies from the contractor shall be immediately re- ported to said committee. No disbursing officer shall be a member of such committee. No department or establishment shall purchase or draw supplies from the common schedule through more than one office or bureau, except in case of detached bureaus or offices having field or outlying service, which may purchase directly from the con- tractor with the permission of the head of their department: And provided further^ That telephone service, electric light, and power service purchased or contracted for from companies or individuals shall be so obtained by him.^ Sec. li,^ Act of June 17, 1910 {36 Stat. 631). 1198. Same — Army supplies. — Hereafter, except in cases of emer- gency or where it is impracticable to secure competition, the purchase of all supplies for the use of the various departments and posts of the Army and of the branches of the army service shall only be made after advertisement, and shall be purchased where the same can be purchased the cheapest, quality and cost of transportation and the * This paragraph amends section 3709 of the Revised Statutes, as amended by section 1 of the act of January 27, 1894 (28 Stat. 33), and April 21, 1894 (28 Stat. 62), and supersedes said amendments. 438 MILITARY LAWS OF THE UNITED STATES. interests of the Government considered ; but every open-market emer- gency purchase made in the manner common among business men which exceeds in amount two hundred dollars shall be reported for approval to the Secretary of War under such regulations as he may prescribe.^ Act of Mar. 2, 1901 {SI Stat, 90S). 1199. /Same — Period of advertising and award. — That all purchases of said supplies, except in cases of emergency, which must be at once reported to the Secretary of War for his approval, shall be made by contract after public notice of not less than ten days for small amounts for inmaediate use, and of not less than from thirty to sixty days whenever, in the opinion of the Secretary of War, the circum- stances of the case and conditions of the service shall warrant such extension of time. The award in every case shall be made to the lowest responsible bidder for the best and most suitable article, the right being reserved to reject any and all bids. Act of July 5, 1884 {23 Stat. 109). 1200. Same — Open market purchases under $600. — Hereafter the purchase of supplies and the procurement of services for all branches of the Army service may be made in open market, in the manner common among business men, when the aggregate of the amount required does not exceed five hundred dollars; but every such pur- chase exceeding one hundred dollars shall be promptly reported to the Secretary of War for approval, under such regulations as he may prescribe.2 Act of June 12, 1906 {Si Stat. 258). *This enactment replaces the acts of February 27, 1893 (27 Stat. 483), August 6, 1894 (28 id., 233), March 15, 1898 (30 id., 322), and section 3729 of the Revised Statutes. For regulations governing open-market purchases see para- graphs 551-554, Army Regulations of 1913. It has been held by the Attorney-General that " the object of this legislation is to secure for the Government the benefit of competition in obtaining supplies and to prevent favoritism in making the purchases thereof. It contemplates one general mode of purchase, namely, by contract, after advertisement, with * the lowest responsible bidder for the best and most suitable article,' with but a single exception, and that is where an * emergency ' exists requiring the pur- chase to be otherwise made. Such emergency may arise not only before the required public notice can be given, but after it has once been given, in con- sequence of the failure to receive any bids or proposals ; in either case the pur- chase thereupon would be an emergency purchase, and come within the require- ments of the statute for an immediate report to the Secretary of War for his approval. This requirement is, I think, designed to extend to all purchases which are not made agreeably to the general mode above indicated, and hence it applies to the purchase of parts of machinery, or parts of stoves or ranges, for repairs, or of patented articles, when the same is (as in cases of emergency, and those only, it may be) made in open market." (18 Opin. Att. Gen., 349.) ^Held, that the authority to procure supplies of limited quantity "in the manner common among business men," not only gives authority to purchase without advertising, and also permits of the purchase without a written con- tract as required by sec. 3744, R. S., Dig. Op. J. A. G. (1912), p. 309, E. 4, p. 360, G. Also held that there was nothing in the act to justify construing the words " aggregate of the amount required " to require that the purchase should be limited to any particular period of time, as day, month, or year, or shall be limited to purchases made from a single firm, etc. " The aggregate should include all supplies which are properly grouped together in a single transac- tion, andVhich would be included in a single advertisement for bids, if adver- MILITARY LAWS OF THE UNITED STATES. 439 1201. Same — In newspapers. — No advertisement, notice, or pro- posal for any Executive Department of the Government, or for any bureau thereof, or for any office therewith connected, shall be pub- lished in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority.^ Sec, 3828, R. S. 1202. Same — Rates. — Hereafter all advertisements, notices, pro- posals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private indi- viduals,2 with the usual discounts ; such rates to be ascertained from tiseinent were resorted to. Purchases arising from the same need of the same articles of subsistence stores should not be made more frequently than the necessities of the service require, so as to limit the aggregate in each case to $500, and supplies which are usually purchased together should not be divided simply for the purpose of avoiding advertising for the same. If the character of the supplies is such that good administration would require their purchase in quantities sufficient to last a month, purchases should not be made weekly or daily for the purpose of bringing the amount within the limit authorized for open-market purchases. Subject to the above considerations, the matter is one depending upon the sound discretion of the purchasing officer." (C. 28931, Sept. 2, 1911.) ^The requirements of section 3828, Revised Statutes, extend to all officers connected with any executive department, no matter where situated, and not merely to those at the seat of Government. (16 Opin. Atty. Gen., 616.) They are complied with by the issue of a general circular of instructions, and it is not necessary to file authority with each particular bill. (Comp. Dec., 1893-94, 103; U. S. V. Odeneal, 10 Fed. Rep., 616; 13 Comp. Dec., 446.) The written authority must precede the publication. A subsequent approval or ratification will not be sufficient. (5 Comp. Dec, 167; 14 id., 747.) When advertising in connection with the purchase of subsistence supplies for the Army is, by law, a necessary condition precedent to the purchase of such supplies, and there is no specific appropriation for such advertising, the cost thereof is properly chargeable to the appropriation " Subsistence of the Army." (3 Dig. Comp. Dec, 23.) Under section 3709 of the Revised Statutes and paragraph 1486 of the Army Regulations (1881) the length of time for the publication of advertisements inviting proposals for furnishing Army supplies was left somewhat to the dis- cretion of the purchasing officer. But the act of July 5, 1884 (23 Stat. 109), has fixed, in all cases excepting emergency purchases, the minimum period dur- ing which public notice shall be given, authorizing the purchase of " small amounts for immediate use " after public notice of not less than ten days, while all other purchases are required to be made after public notice of not less than thirty days. (Id., 23.) Under the Army Regulations, advertisement may be made by handbills; but when this method is resorted to it must be shown that the handbills were cir- culated to such an extent as to render it probable that a large number of per- sons engaged in the business of furnishing the articles desired had thus been afforded an opportunity to compete for the contract which was to be let. (Id., 24. See also 3 Comp. Dec, 730.) The subject of advertising in the War Department and its several bureaus and offices, and in the Military Establishment generally, is regulated by the provisions of paragraphs 499-509, Army Regulations of 1913. 'A disbursing officer is not authorized to pay bills for newspaper advertising when he is satisfied that the price exceeds the commercial rates charged to private individuals, with the usual discounts, notwithstanding the affidavit of the i)roprietor of the newspaper to the contrary. (1 Comp, Dec, 312.) 440 MILITABY LAWS OF THE UNITED STATES. sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise : Provided^ That all adver- tising in newspapers since the tenth day of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates; but the heads of the several departments may secure lower terms at special rates whenever the public interest requires it. Act of June 20^ 1878 {20StaLm6). 1203. Same — In District of Columbia — Limitations. — All executive proclamations, and all treaties required by law to be published, shall be published in only one newspaper, the same to be printed and pub- lished in the District of Columbia and to be designated by the Secre- tary of State and in no case of advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such ^advertisement are to be furnished or performed in said District of Columbia. Act of July SI, 1876 {19 Stat. 106). 1204. Same — Rates in District of Columbia. — All advertising re- quired by existing laws to be done in the District of Columbia by any of the departments of the Government shall be given to one daily and one weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Pro- mded, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accord- ance with section thirty-eight hundred and twenty-eight of the Re- vised Statutes. Act of Jan. U, 1881 {21 Stat. 317). 1205. Same — On Pacific coast. — The Quartermaster's Department of the Army, in obtaining supplies for the military service, shall state in all advertisements for bids for contracts that a preference shall be given to articles of domestic production and manufacture, conditions of price and quality being equal, and that such preference shall be given to articles of American production and manufacture produced on the Pacific coast, to the extent of the consumption required by the public service there. In advertising for Army supplies the Quartermaster's Department shall require all articles which are to be used in the States and Territories of the Pacific coast to be deliv- ered and inspected at points designated in those States and Territo- ries; and the advertisements for such supplies shall be published in newspapers of the cities of San Francisco, in California, and Port- land, in Oregon. See 3716, R. S. PROPOSALS ^bidders' BONDS. 1206. Secretary of War to prescribe rules, etc. — The Secretary of War is hereby authorized to prescribe rules and regulations to be observed in the preparation and submission and opening of bids for MILITAEY LAWS OF THE UNITED STATES. 441 contracts under the War Department.^ Act of Apr. 10, 1878 {20 Stat, 36). 1207. Bidders'' bonds, — He may require every bid to be accom- panied by a written guaranty, signed by one or more responsible persons, to the effect that he or they undertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of War or the officer authorized to make a contract-in the premises, give bond, with good and sufficient sureties, to furnish the supplies proposed or to perform the service required. If after the acceptance of a bid and a notification thereof to the bidder he fails within the time prescribed by the Secretary of War or other duly authorized officer to enter into a contract and furnish a bond with good and sufficient security for the proper fulfillment of its terms, the Secretary or other authorized officer shall proceed to contract with some other person to furnish the supplies or perform the service required, and shall forthwith cause the difference between the amount specified by the bidder in default in the proposal and the amount for which he may have contracted with another party to furnish the sup- plies or perform the service for the whole period of the proposal to be charged up against the bidder and his guarantor or guarantors, and the sum may be immediately recovered by the United States for the use of the War Department in an action of debt against either or all of such persons.^ Act of Mar. 3, 1883 (22 Stat. 4,88). 1208. Opening bids. — Whenever proposals for supplies have been solicited, the parties responding to such solicitations shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made. Sec. 3710, R. S. 1209. Separate proposals and contracts. — Whenever the Secretary of War invites proposals for any works, or for any material or labor for works, there shall be separate proposals and separate con- tracts for each work, and also for each class of material or labor for each work. Sec. 3717, R. S. 1210. River and Harhor improvements in same region. — Nothing contained in section thirty-seven hundred and seventeen of the Re- vised Statutes of the United States, nor in section three of the river and harbor act of August eleventh, eighteen hundred and eighty- eight, shall be so construed as to prohibit or prevent the cumulation of two or more works of river and harbor improvement in the same proposal and contract where such works are situated in the same region and of the same kind or character. Sec. 2, Act of Sept. 19, 1890 (26Stat.Ji52). ^ For regulations prepared by the Secretary of War under the authority con- ferred by this statute, see paragraphs 522-549 Army Regulations of 1913. " For requirements of regulations in respect to guaranties or certified checks in support of bids and proposals, see paragraphs 535-537, Army Regulations of 1913 ; and for terms of guaranty and decisions and opinions regarding same, see Dig. Opin. J. A. G. (1912), notes on pages 335 and 336. 442 MILITAKY LAWS OF THE UNITED STATES. WRITTEN CONTRACTS^ RETURNS OFFICE. 1211. Formal written contracts — Returns office. — It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof ;2 a copy of which shall be filed by the officer *For instructions respecting the preparation and execution of contracts, see paragraphs 555-565, Army Regulations of 1913. *It may be considered as settled that so much of section 3744 as provides that all contracts shall " be reduced to writing and signed by the contracting parties with their names at the end thereof " is mandatory, and contracts which do not comply with its requirements are void. In looking at the scope and pur- pose of this law and at the words in which it is couched, I can not doubt of the intention of Congress in its enactment. To my mind it is clear that it was designed to require every executory contract, at least, to be put in writing, so that its terms might not be mistaken and that the character and extent of the outstanding engagements of the United States might at all times be known to the executive and legislative departments, or be capable of being ascertained in u reasonable time and with appropriate exactitude. (Henderson v. U. S., 4 Ct. Cls., 75, 83.) There is no class of cases in which a statute for preventing frauds and perjuries is more needed than in this. And we think that the statute in question was intended to operate as such. It makes it unlawful for contracting officers to make contracts in any other way than by writing signed by the parties. This is equivalent to prohibiting any other mode of making contracts. (Clark v, U. S., 95 U. S., 539, 542; South Boston Iron Co. v. U. S., 18 Ct. Cls., 165, 176 ; U. S. v. Lamont, 2 D. C. App., 532. ) The provisions of this section apply to contracts made in emergencies. (Cobb et al. v. U. S., 18 Ct. Cls., 514, 532 ; Clark v. U. S., 95 U. S., 539.) Offers and acceptances by letter are pre- liminary memoranda only and do not constitute a valid contract within the meaning of the statute. (South Boston Iron Co. -y. U. S., 118 U. S., 37, 42.) Where, however, a parol contract has been partly executed, the party perform- ing will be entitled to recover the fair value of 'his property or services as upon an iinplied contract for a quantum meruit. (Clark v. U. S., 95 U. S., 539.) See also Warren & Goss v. U. S., 23 Ct. Cls., 77; South Boston Iron Co. v. U. S., 18 id., 165, and 118 U. S., 37 ; Clark v. U. S., 95 U. S., 543 ; The Interna- tional contracting Co. v. Lamont, 2 Ct. App. D. C, 532. See also Lindsley v. U. S., 4 Ct. Cls., 359; Burchiel v. U. S., 4 Ct. Cls., 549; Bernheimer v. U. S., 5 Ct. Cls., 65.) The formal execution of contracts for (Government work, as a prerequisite for their legality and binding effect, after the acceptance of pro- posals, as required by section 3744, Revised Statutes, was not dispensed with by the acts of March 23, 1883 (22 3tat. 488), and section 3 of the act of August 11, 1888 (25 Stat. 400, 423). U. S. v. Lamont, 2 D. C. App., 532. In St. Louis Hay & Grain Co. v. United States (191 U. S., 163) it was held that after performance of a contract not meeting the requirement of the stat- ute recovery may be had for the amount agreed upon, notwithstanding the fact that the instrument itself was void as an executory contract. In the opinion of the court it was said : " The invalidity of the contract is immaterial after it has been performed. W^hen a lawful transfer of property is executed, it does not matter whether the terms of the execution w^ere void or valid while executory, the transfer can not be revoked or the terms changed. A promise to make a gift does not bind, but a gift can not be taken back, and a transfer in pursuance of mutual promise is not made less effectual by those promises or by the fact that money was received in exchange. The contract may be void as such, but it expresses the terms on which the parties, respectively, paid their money and delivered their goods." ( See, to the same effect, U. S. v. Andrews, 207 U. S., 229 ; 14th Comp. Dec. 594.) See also, 15th idem, pages 65 and 89, where it was held on the authority of the decision of the Supreme Court that when informal contracts by proposal MILITARY LAWS OF THE UNITED STATES. 443 making and signing the contract in the Returns Office of the De- partment of the Interior, as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in rela- tion to each contract shall be attached together by a ribbon and-seal, and marked by numbers in regular order, according to the number of papers composing the whole return.^ Sec, 37Jf4^ R. S. 1212. Oath to return. — It shall be the further duty of the officer, before making his return, according to the preceding section, to affix to the same his affidavit in the* following form, sworn to before some magistrate having authority to administer oaths : ^ "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with ; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said , or any other person; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided." Sec. 37JtS^ R. S. 1213. Penalty for omitting return. — Every officer who makes any contract, and fails or neglects to make return of the same, according and acceptance have been executed with the exception that the price has not been paid, the contractor is entitled to be paid the full contract price although the price be in excess of the current price at the time and place -of delivery. If there is an exigency or emergency requiring immediate delivery of prop- erty or immediate rendition of services a written contract is not necessary. (9 Comp. Dec, 460; 15 Comp. Dec, 65; 36 Ct. Cls., 105; 42 Ct. Cls., 351; par. 550, A. R. 1913.) See also Ceballos v. U. S. (42 Ct. Cls., 318), as to emergency contracts in time of war. The time fixed in an existing written contract for the completion of the same may be orally waived — that is, extended indefinitely — and the written contract will continue in force, with a reasonable time for performance. (8 Comp. Dec, 104.) But if it is desired to extend the time to a specific date, section 3744, Revised Statutes, applies, and the extension should be accomplished by a formal written contract. (8 Comp. Dec, 104.) A written contract is not necessary in expending the sum of $50,000,000 ap- propriated in 1898 (30 Stat. 273) for national defense, which was " to be ex- pended at the discretion of the President." (9 Comp. Dec, 457.) The act of June 25, 1910 (36 Stat. 676), provides that ** the requirements of section thirty-seven hundred and forty-four of the Revised Statutes shall not apply to the lease of lands, or easements therein, or of buildings, rooms, wharves, or rights of wharfage or dockage, or to the hire of vessels, boats, and other floating craft, for use in connection with river and harbor improvements, where the period of any such lease or hire is not to exceed three months." ' It is proper to remark that in the event of a suit being instituted against a principal or surety on a contract of the United States, the copy of the contract filed in the Returns Office would have no evidential value, and a copy of the original filed in the office of the Comptroller of the Treasury under the provi- sions of section 3743, Revised Statutes, paragraph 1216, supra, would have to be produced subject to the authentication required in section 886 of the Revised Statutes. ^ This oath may be taken before an officer authorized to administer oaths for " purposes of military administration," etc., by act of July 27, 1892 (27 Stat. 278). (Dig. Opin. J. A. G. (1912), p. 361.) 444 MILITABY LAWS OF THE UNITED STATES. to the provisions of the two preceding sections, unless from unavoid- able accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dol- lars nor more than five hundred, and imprisoned not more than six months. Sec, 3746, R. S, 1214. Instructions regarding return, — It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with au- thority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.^ Bee, S7Ifl, R. S, 1215. /Stipulation that no member of Congress has interest. — In every such contract or agreement to be made or entered into, or ac- cepted by or on behalf of the United States, there shall be inserted an express condition that no member of, [or Delegate to,] Congress [or Resident Commissioner] shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.^ Bee. 37Jfl, R. S. 1216. Contracts to he fled with auditors. — ^All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, ac- cording to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress.^ Sec. S7JiS, R. S., as amended hy Act of July 31, 189^ {28 Stat. 210). BONDS TO SECURE PAYMENT FOR LABOR AND MATERIALS. 1217. Same. — Hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecutioji and completion of any public work, or for repairs upon any public building or public work, shall ^ For requirements of regulations in respect to tlie furnisliing of contracts, and papers pertaining thereto, to the Returns Office of the Interior Department, see pars. 555-565. A. R., 191.3. " See sec. 114, U. S. Criminal Code (35 Stat. 1109). • All formal written contracts connected with the settlement of public accounts should be placed, and should remain, on file in the offices designated by law as their proper depositories. (3 Dig. 2d Comp. Dec, 112.) This statutory requirement includes not only all formal written contracts or specialties in any manner connected with the settlement of accounts, but also all properly authorized extensions or other modifications of such contracts, every modification of a contract being in the nature of a new contract and connected with the settlement of accounts. (Id., 112.) Only formal written contracts are required under section 3743 of the Revised Statutes as amended to be filed. Informal contracts and the papers pertaining MILITARY LAWS OF THE UNITED STATES. 445 be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such con- tract; and any person, company, or corporation who has furnished labor or materials used in the construction or repair of any-public building or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the United States. If the full amount of the liability of the surety on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. If no suit should be brought by the United States within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the Department under the direction of which said work has been prosecuted that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said con- tract and bond, upon which he or they shall have a right of action, and shall be, and are hereby, authorized to bring suit in the name of the United States in the circuit court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in controversy in such suit, and not else- where, for his or their use and benefit, against said contractor and his sureties, and to prosecute the same to final judgment and execu- tion: Provided^ That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof, and shall be commenced within one year after the perform- ance and final settlement of said contract, and not later: And pro- thereto should be filed with the accoimts or vouchers to which they relate in order to facilitate the examination and revision of accounts and vouchers. (Id., 109.) A separate notification is required in each case of extension of a contract, so that it can be filed, with the contract to which it pertains. Otherwise notifica- tions of extensions of contracts will fail of the purpose contemplated in section 3743 of the Revised Statutes. (Id., 112.) Formal written contracts made and filed in the proper oflBce in pursuance of law must be regarded as necessary in the settlement of public accounts or claims, and therefore can not properly be returned either for cancellation or amendment. (Id.) See paragraphs 569-581, A. R. of 1913, for provisions relating to contractor's bonds. Also Dig. Opiu. J. A. G. (1912), pp. 205, 206, and 212-215. 446 MILITARY LAWS OF THE UNITED STATES. vided further^ That where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, and not later. If the recovery on the bond should be inadequate to pay the amounts found due to all of said creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on said bond may pay into court, for distribution among said claimants and creditors, the full amount of the sureties' liability, to wit, the penalty named in the bond, less any amount which said surety may have had to pay to the United States by reason of the execution of said bond, and upon so doing the surety will be relieved from fur- ther liability: Provided fiirther^ That i-n all suits instituted under the provisions of this Act such personal notice of the pendency of such suits, informing them of their right to intervene as the court may order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circula- tion, published in the State or town where the contract is being per- formed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor.^ Act of Aug. IS, 1894 {^S Stat, 27S), as amended hy Act of Feb, 2^, 1905 {33 Stat, 812), *1. This paragraph supersedes the act of August 13, 1894 (28 Stat. 278). The bond which is provided for by the original statute was held to be " intended to perform a double function : In the first place, to secure to the Government, as before, the faithful performance of all obligations which the contractor might assume toward it ; and in the second place to protect third persons from whom the contractor obtained materials or labor." (U. S. v. National Surety Co., 92 Fed. Rep., 549; U. S. v. Rundle, 100 Fed. Rep., 400.) The statute does not create an additional obligation on the part of the United States toward the surety in the nature of an equitable lien or other right. The United States has no right to withhold any funds due a contractor for the purpose of indemnify- ing the surety for monies paid out by him to material men and laborers. (3 Comp. Dec., 708; 15 id.. Ill ; 16 id., 426.) Held by the Attorney General (23 Opin., 174) that the act does not refer to contracts for the construction of a naval vessel, where the whole title remains in the contractor until its completion and acceptance hy the Oovernment. (See also 26 Opin. Atty. Gen., 30. ) Where, however, the contract for the construction of a vessel provides for the title to pass as payments are made the act applies. (Title Guaranty & Trust Co. v. Crane Co., 219 U. S., 24. See also U. S. v, Ansonia Brass & Copper Co., 218 U. S., 452.) 2. The statute protects persons furnishing labor and materials to subcon- tractors as well as to the original contractor. (U. S. v. American Surety Co., 200 U. S., 197.) But it does not include the claims of a railroad company for freight due on materials which are loaded and unloaded by the contractor, such charges being neither labor nor materials within the meaning aad pur- pose of the act. (U. S. v. Hyatt, 92 Fed Rep., 442.) Nor does it include the purchase or repair of the contractor's plant. (U. S. v. Morgan, 111 id., 474.) A Government contractor for public work, who has given a bond conditioned that he will " make full payment to all persons supplying him with labor and materials " is not liable thereunder for wages due from a subcontractor who has supplied him with materials when he paid such contractor in full therefor. (U. S. V. Farley et al., 91 id., 474.) 3. The bond provided for by the statute is regarded as in effect two obliga- tions, one to the United States to secure the due performance of the contract ; MILITARY LAWS OF THE UNITED STATES. 447 THE EIGHT-HOUR LAW. 1218. Eight hours to he a day s work, — Eight hours shall constitute a day's work for all laborers, workmen, and mechanics who may be employed by or on behalf of the United States.^ &ec, 3738 R, S, 1219. /Sanie — Contractors on public works — Emergencies, — ^That the service and employment of all laborers and mechanics ^ who are now or may hereafter be employed by the Government of the United States, by the District of Columbia, or by any contractor or sub- and the other to the United Stafes, but in behalf of labor and material men, to secure their payment; and the obligation for the benefit of the labor and material men is not released by the action of the contractor and the United States in modifying the contract without the surety's assent. (See Conn. v. State, 125 Ind., 514 ; 46 Nebf., 644 ; 41 id., 655 ; 40 Minn., 27 ; U. S. v. Rundle, 100 Fed. Rep., 400 ; U. S. v. National Surety Co., 92 id., 549 ; U. S. v. American Bonding Co., 89 id., 921; U. S. Fidelity, etc., Co. v. Golden Pressed Brick Co., 191 U. S., 416. See also Dig. Opin. J. A. G. (1912), pp. 370, 371.) ^Congress has power to regulate the hours of labor which may be required or permitted on public works of the United States, though such work may be carried on within the territorial jurisdiction of a State. (U. S. v. San Francisco Bridge Co., 88 Fed. Rep., 891.) The eight-hour law does not establish an in- flexible rule for the payment of wages. Its intent is not to increase wages, but to elevate the condition of laboring men by diminishing their hours of labor. (Averill v. U. S., 14 Ct. Cls., 200.) To elevate the condition of laboring men by diminishing their hours of labor is not the only object of the law. It is strongly contended that an eight-hour day inures to the advantage of the em- ployer, as the superior workmanship of the eight-hour day more than com- pensates for the shorter day. Both views should be taken into consideration in questions involving construction of the eight-hour statutes. The original statute on this subject — the act of June 25, 1868, incorporated in section 3738 Revised Statutes, merely provided that eight hours should "constitute a day's work" for laborers, etc., employed by the United States. It was held by the Supreme Court (U. S. v. Martin, 94 U. S., 400, Oct., 1876) that this enactment was merely " a direction by the Government to its agents " not "a contract between the Government and its laborers, that eight hours shall constitute a day's work," and that it did not prevent the Government from making agreements with them by which their labor may be more (or less) than eight hours a day. The act thus failed of its apparent object. To cure this defect the act of August 1, 1892, was passed. And to extend the law gen- erally to public contracts the act of June 19, 1912, was passed. ^ What constitutes a laborer or mechanic within the meaning of the statute must be determined by the facts arising in any particular case. Inquiry having been made of the War Department by certain contractors whather the men employed on dredges, scows, and tugs on Lake Erie, under contracts with the United States, were not to be regarded as excepted from the application of the act of 1892, held that it was not the duty or province of this department to determine such questions, but the same were for the courts to decide, on trials under the second section of the act, of persons charged with violations of its provisions. Neither this or other departments of the Government can lay down rules or make constructions of the law for contractors which would effectually protect them were they brought to trial. (Dig. Op. J. A. G., IV., 591.) In reply to a communication from the Secretary of War, August 29, 1892, the Attorney General, whose opinion had been asked with regard to the application in general of the eight-hour law to the construction of levees in the Mississippi River, declined to give an official opinion with a view to the guidance of persons who may propose to enter in contract relations with the United States in absence of a specific case requiring the action of the Secretary. (20 Opin. Atty. Gen., 465.) Held, that the term "laborer," as used in the act of 1892, was apparently intended in a comprehensive sense, and that to declare certain classes of em- ployment as "peculiar," and therefore excepted from the operation of the act, would be a restriction not warranted by the language of the statute. Thus a proposed regulation excepting "watchmen, messengers, teamsters, engineers, 448 MILITABY LAWS OF THE UIHTED STATES. contractor upon any of the public works ^ of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or me- chanics to require or permit any such laborer or mechanic to work firemen, seamen," and some others, was not included in the description " labor- ers and mechanics" not recommended to be adopted. (Dig. Op. J. A. G., 381, par. 4, Ed. 1895.) In replying to a communication from the Secretary of War, August 27, 1892, the Attorney General, whose opinion had been asked as to whether the term " laborers and mechanics " in the statute included teamsters, watchmen, engineers, and firemen employed in the public service of the War Department, and all engineers, firemen, deckhands, mates, and seamen on Government vessels, replied that as to particular employees the answer de- pended upon matters of fact not stated and not within his cognizance. If the employees named are ordinary laborers or mechanics, working for the Government for wages under ordinary conditions, the statute would seem to apply. At the same time it is quite apparent that, as to some of them, it might frequently happen that they would be within the emergency exception named in the statute, and as to others, as, for instance, sailors or others on shipboard, or teamsters, their employment being peculiar, they might well be held to be, as a matter of fact, neither laborers nor mechanics within the meaning of this law. (20 Op. Atty. Gen., 463.) Under the order of the President of September 11, 1907, directing that all persons employed as watch- men, lock tenders, lock employees, etc. (see par. 731, A. R., 1913), shall "be considered as covered by the eight-hour law, and that exceptions only be made by the Secretary himself on the case being reported to him," held that excep- tions were only intended to be made iu case of emergency or where, owing to the nature of the duties of the particular employee, he should not be regarded as within the President's order or as a laborer or mechanic within the mean- ing of the law. (Dig. Op. J. A. G., V., 592.) In Ellis v. United States (206 U. S., 260), in passing upon the question whether persons employed on dredges and scows in dredging a channel in a harbor were laborers or mechanics the court states : "As in other cases where a broad distinction is admitted, it ulti- mately becomes necessary to draw a line, and the determination of the precise place of that line in nice cases always seems somewhat technical, but still the line must be drawn." (For decisions as to laborers and mechanics see Dig. Op. J. A. G., Eight-hour law.) *The act of August 1, 1892, is of general application, and the limitation as to public works in said act applies only to such persons as are in the employ of contractors and subcontractors. (20 Op. Atty. Gen., 459.) Undoubtedly " public works " is a phrase of rather wide signification, and it has not been precisely and fully defined. (26 Op. Atty. Gen., 33.) The term " public works of the United States " should not be narrowly construed. (20 Op. Atty. Gen., 459.) Held not to apply to construction of naval vessels under contract. (26 Op. Atty. Gen., 33.) But the naval appropriation acts subsequent to that opinion and prior to the act of June 19, 1912, required eight- hour days. The act of June 19, 1912, extends to construction of naval vessels. ( See also U. S. v. Ansonia Brass & Copper Co., 218 U. S., 452. ) Held that the construction of levees on the banks of the Mississippi River, in accordance with the plans of the Mississippi River Commission, was a public work of the United States in the sense of the act of August 1, 1892, although the United States did not own the land. A proprietorship in or jurisdiction over the thing constructed is not necessary. The United States expends annually more than twenty millions for the improvement of rivers and harbors, but the greater part of this is done without acquiring title or jurisdiction to or ov^er the premises. The question under the act is not in whom is the title or jurisdiction, but who is doing the work. The construction of these levees is a particular work appropriated for by Congress and to be contracted for by the United States. It is therefore one of the public works of the United States and subject to the provisions of this statute. (Dig. Op. J. A. G,, 590, II.) But see river and harbor appropriation acts 1911 and 1912, post. MILITAKY LAWS OF THE UNITED STATES. 449 more than eight hours in any calendar day except in case of ex- traordinary emergency.^ &ec. i, Act of Aug. i, 189^ {27 Stat. 340). 1220. Same — Penalty. — That any officer or agent of the Govern- ment of the United States or of the District of Columbia, or any con- tractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall upon conviction be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdic- tion thereof. Sec. 2, id. 1221. Same — Present contracts not affected. — The provisions of this act shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon the public works of the United States or of the District of Columbia for which contracts have been entered into prior to the passage of this act. Sec. S, id. 1222. Same — Contract for withholding penalty. — That every con- tract hereafter made to which the United States, any Territory, or the District of Columbia is a party, and every such contract made for or on behalf of the United States, or any Territory, or said District, * The term " extraordinary emergency," employed in the first section of the act of August 1, 1S92, can not properly be construed in advance as referring or applicable to any particular class of cases. The question whether there is or was such emergency should be left to be determined by the facts of each special instance as it arises. A case in which it appeared a compliance with the statute was not possible might well be held to be one of " extraordinary emergency." (Dig. Op. J. A. G., V., 592.) No provision is contained in the net of August 1, 1892, for the suspension of its operation, and the Secretary of War has no power to suspend it as to certain work or places of work on the theory that an " emergency " exists as to the same. Nor can he lay down in advance any general rule as to what would be such an emergency as would relieve an officer or contractor from liability or give him an immunity from pros- ecution. The question of an existence of an emergency is to be determined, in the first instance, by the person carrying on or in charge of the work ; and, in the second by the court, if the case comes before one. It may be said generally that when the emergency can be foreseen it is not extraordinary. (Dig. Op., 592, VI.) An extraordinary emergency is something unforeseen, sudden, unexpected, which would call for immediate action or remedy ; the contractor may require or permit laborers and mechanics to work more than eight hours in a calendar day to protect the work from injury and destruction threatened by an extra- ordinary emergency, but may not do so to repair losses caused thereby. When the emergency passes the privilege ceases. The language extraordinary emer- gency can not contemplate conditions of danger which necessarily inhere in the work to be done, and which will always be present from the beginning to the end of the work. (149 Fed. Rep., 814.) A delay, not entirely unexpected, in obtaining the timber required for the construction of a pier at the Boston Navy Yard does not create an extraordi- nary emergency within the meaning of the law. No mere requirement of business convenience or pecuniary advantage is an extraordinary emergency within the meaning of the act. (206 U. S., 246.) 920G1°— 17 29 450 MILITABY LAWS OF THE UNITED STATES. which may require or involve the employment of laborers or mechanics shall contain a provision that no laborer or mechanic doing any part of the work contemplated by the contract ^ in the employ of the con- tractor or any subcontractor ^ contracting for any part of said work contemplated, shall be required or permitted to work more than eight ^hours in any one calendar day upon such work ; and every such con- tract shall stipulate a penalty for each violation of such provision in such contract of five dollars for each laborer or mechanic for every calendar day in which he shall be required or permitted to labor more than eight hours upon said work ; and any officer or person designated as inspector of the work to be performed under any such contract, or to aid in enforcing the fulfillment thereof, shall, upon observation or investigation, forthwith report to the proper officer of the United States, or of any Territory, or of the District of Columbia, all viola- tions of the provisions of this Act directed to be made in every such contract, together with the name of each laborer or mechanic who has been required or permitted to labor in violation of such stipulation and the day of such violation, and the amount of the penalties imposed according to the stipulation in any such contract shall be directed to be withheld for the use and benefit of the United States, the District of Columbia, or the Territory contracting by the officer or person whose duty it shall be to approve the payment of the moneys due under such -contract, whether the violation of the provisions of Buch contract is by the contractor or any subcontractor. Any contrac- tor or subcontractor aggrieved by the withholding of any penalty as hereinbefore provided shall have the right within six months there- after to appeal to the head of the department making the contract on behalf of the United States or the Territory, and in the case of a con- tract made by the District of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all such appeals from such final order whereby a contractor or sub- contractor may be aggrieved by the imposition of the penalty herein- before provided such contractor or subcontractor may within six months after decision by such head of a department or the Com.- missioners of the District of Columbia file a claim in the Court of ^The eight-hour work-day restriction applies only to work contemplated by the contract. The words " work contemplated by the contract " include the work directly and proximately in view in the contract as specifically appro- priated to and destined for the Government use. Contracts for the purchase of projectiles are not excepted from the operation of the eight-hour restriction, but only the work done in assembling the parts, treating the forging or easting, and machining the projectiles would be " work contemplated by the contract," unless the casting and other parts were manufactured solely and exclusively for the purpose of making the projectiles. (29 Op. Atty. Gen., 534.) 'The eight-hour work-day restriction applies to the employment of labor on the work contemplated by the contract, and it is immaterial by whom the labor is employed, whether by contractor, or subcontractor, or sub subcontractor. (29 Op. Atty. Gen., 534.) MILITARY LAWS OF THE UNITED STATES. 451 Claims, which shall have jurisdiction to hear and decide the matter in like manner as in other cases before said court. Sec, i, Act of June 19, 1912 (37 Stat. 137). 1223. Same — Exceptions. — That nothing in this Act shall apply to contracts for transportation by land or water, or for the transmission of intelligence, or for the purchase of supplies by the Government, whether manufactured to conform to particular specifications _or not, or for such materials or articles as may usually be bought in open market,^ except armor and armor plate, whether made to con- form to particular specifications or not, or to the construction or repair of levees or revetments^ necessary for protection against floods or overflows on the navigable waters of the United States: Provided, That all classes of work which have been, are now, or may hereafter be performed by the Government shall, when done by contract, by individuals, firms, or corporations for or on behalf of the United States or any of the Territories or the District of Columbia, be performed in accordance with the terms and provisions of section one of this Act.^ The President, by Executive order, may waive the provisions and stipulations in this Act as to any specific contract or contracts during time of war or a time when war is imminent, and until January first, nineteen hundred and fifteen, as to any contract or contracts entered into in connection with the con- struction of the Isthmian Canal. No penalties shall be imposed for any violation of such provision in such contract due to any extraor- dinary events or conditions of manufacture, or to any emergency caused by fire, famine, or flood, by danger to life or to property, or by other extraordinary event or condition on account of which the President shall subsequently declare the violation to have been excusable. Nothing in this Act shall be construed to repeal or * The word " supplies " and the phrase " such materials or articles as may usually be bought in the open market " are practically synonymous and cover things which are had in store or stock. Whether a particular article or ma- terial falls within this exception to the eight-hour provision is generally a matter of administration. (29 Op. Atty. Gen., 534.) Any article or material which can fairly be said to be included, in its ordi- nary condition, within the class of supplies or articles which may usually be bought in open market, is excepted from the operation of the act, no matter if it may differ in particulars from other members of the class by reason of the requirements of the specifications under which it is contracted for. For instance, paper, in its ordinary state, evidently belongs to the class of " sup- plies" and it is not withdrawn therefrom because manufactured according to the standard of quality fixed upon by the Joint Committee on Printing. (29 Op. Atty. Gen., 639. ^This renders unnecessary the incorporation hereafter into annual river and harbor appropriation acts, words excepting the work on Mississippi River levees from the eight-hour law as far as contracts are concerned. * Looking at the act of June 19, 1912, it will be seen that section 1 lays' down the rule which is to govern all contracts hereafter entered into by the United States, or on its behalf, and prescribes the penalty for a violation of its re- quirements and the mode of redress when the penalty is unjustly exacted, while section 2 states the exceptions to the rule and the qualifications and 452 MILITARY LAWS OF THE UNITED STATES. modify the Act entitled "An Act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia,'' being chapter three hundred and fifty-two of the laws of the Fifty- second Congress, approved August first, eighteen hundred and ninety-two, as modified by the Acts of Congress approved February twenty- seventh, nineteen hundred and six, and June thirtieth, nine- teen hundred and six, or apply to contracts which have been or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. Bee. ^, ^W., 1S8. 1224. Bame — 'When effective. — That this Act shall become efl'ective and be in force on and after January j&rst, nineteen hundred and thirteen. Id. 1225. Same — Canal Zone. — The provisions of the Act entitled "An Act relating to the limitation of the hours of daily service of labor- ers and mechajiics employed upon the public works of the United States and of the District of Columbia," approved August first, eighteen hundred and ninety-two, shall not apply to alien laborers employed in the construction of the Isthmian Canal within the Canal Zone.i Act of Feh. 27, 1906 {Si Stat. 33). 1226. Same. — The provisions of an Act entitled "An Act re- lating to the limitations of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia," approved August first, eighteen hundred and ninety-two, and of an Act entitled "An Act making limitations thereof. The main exceptions are found in the first sentence of sec- tion 2. But to these exceptions there is attached a proviso, the effect of which is to limit and narrow the exceptions. This proviso might be so construed as to nullify, in whole or in part, portion of the act to which it is attached. The purpose of the proviso, however, is merely to qualify or limit the part of the enactment to which it is attached and not to nullify or destroy it. The Attorney General therefore ruled that to carry out the intent of the proviso, the words, " which have been, are now, or may hereafter be performed by the Government," can not be taken literally, but must be construed as referring to work which,^ up to the time of the making of the contract therefor has ordi- narily been performed by the Government, and not merely occasionally or to a limited extent, so that to let the same upon contract would indicate an in- tention to evade the eight-hour restriction of the act of August 2, 1892. To illustrate: In view of your statement that "the War Department has from time to time engaged in the manufacture of clothing, tentage, and various equipments for the Army on its own account, using materials purchased for the purpose, but as a general rule the Government awards contracts for the manu- facture of clothing, furnishing material therefor," I should say that, under the circumstances stated, the eight-hour restriction need not be incorporated in contracts for such clothing. (29 Op. Atty. Gen., 511.) But as to smokeless powder, in view of the fact that the Government manu- factures about 30 per cent of the amount in use, it could not be considered that the Government occasionally or to a limited extent had performed such work ; so contracts for the purchase of this class of powder must fall under the eight- hour law. (29 Op. Atty. Gen., 546.) ^See par. 1223, as to contracts respecting the Canal Zone under the act of June 19. 1912. MILITARY LAWS OF THE UNITED STATES. 453 appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and six, and for prior years, and for other purposes," approved February twenty-seventh, nineteen hundred and six, shall not apply to un- skilled alien laborers and to the foremen and superintendents of such laborers employed in the construction of the Isthmian Canal within the Canal Zone.^ Sec, ^, Act of June SO, 1906 {34 Stat. 669).^ 1227. Mississippi River levee work. — Improving Mississippi River from Head of Passes to the mouth of the Ohio River, including sala- ries, clerical, office, traveling, and miscellaneous expenses of the Mis- sissippi River Commission : Continuing improvement with a view to securing a permanent channel depth of nine feet, six million dol- lars, Avhich sum shall be expended under the direction of the Secre- tary of War in accordance with the plans, specifications, and recom- mendations of the Mississippi River Commission, as approved by the Chief of Engineers, for the general improvement of the river, for the building of levees, which shall be considered extraordinary emer- gency work, between the Head of Passes and Cape Girardeau, Mis- souri, and for surveys, including the survey from the Head of Passes to the headwaters of the river, in such manner as in their opinion shall best improve navigation and promote the interests of commerce at all stages of the river.^ Act of Julij 25; 1912 {37 Stat. 218). 1228. Annual naval appropriation act. — And the contract for the construction of said vessels shall contain a provision requiring such vessels to be built in accordance with the provisions of an iVct en- titled "An Act relating to the limitations of the hours of daily serv- ice of laborers and mechanics employed upon the public works of the United States and of the District of Columbia," approved Au- gust 1, 1892.3 A.ct of June 2Jf, 1910 {36 Stat. 628, Annual naval approp7'iation act). ^ See ante, 1223, as to contracts respecting the Canal Zone under the act of June 19, 1912. 'In U. S. V. Garbish (222 U. S., 261, Oct., 1911) it was held that the building and repair of levees on the Mississippi River is one of the most important and conspicuous of the public works of the United States, and if it had been in- tended to exempt it from the provision of the act of August 1, 1892, which declared a public policy in regard to labor, it would have been expressed. Since that decision the annual appropriation act of rivers and harbors have specially- exempted levee construction to the extent as stated in the acts. See annual appropriation act, March 4, 1913 (37 Stat. 817). The act of June 19, 1912 (37 Stat. 137), paragraph 1223, post, especially excepts contracts for the construction of levees and revetments on navigable waters from the eight-hour restriction. •The act of August 1, 1892 (1219, ante), does not apply to vessels under con- struction for the Navy by contract with builders at private establishments. Materials for such vessels, such as armor, guns, and other articles obtained under special contract, are a fortori, not within the statute. (26 Op. Atty. Gen., 30.) This decision was given August 3, 1906. The annual naval appro- liriation acts above quoted place the contracts entered into under authority of those acts within the eight-hour law. (See also U. S. v. Ansonia Brass & Copper Co., 218 U. S., 452.) 454 MILITARY LAWS OF THE UNITED STATES. 1229. Same, — Provided^ That no part of this appropriation shall be expended for the construction of any boat by any person, firm, or corporation which has not at the time of the commencement and during the construction of said vessel established an eight-hour work day for all employees, laborers, and mechanics engaged in doing the work for which this appropriation is made.^ Act of Mar. 4, 1911 {36 Stat. 1288, Annual naval appropriation act). 1230. Same. — The Act entitled, "An Act limiting the hours of daily service of laborers and mechanics employed upon work done for the United States, or for any Territory or for the District of Co- lumbia, and for other purposes," approved June nineteenth, nine- teen hundred and twelve, shall be in force as to all contracts author- ized by this Act from and after the passage of this Act.^ Act of Au- gust 22, 1912 (37 Stat. 365, Annual naval appropriation act). \2Z\.. Fortification Act. — For the purchase, manufacture, and test of mountain, field, and siege cannon, including their carriages, sights, implements, equipment, and the machinery necessary for their manu- facture at the arsenals, three hundred thousand dollars: Provided^ That no part of this appropriation shall be expended for the pur- chase of any mountain, field, or siege cannon, including their car- riages, from any person, firm, or corporation which has not at the time of commencement of said works established an eight hour work- day for all employees, laborers, and mechanics engaged or to be en- gaged in the work of construction of the cannon named herein : ^ Pro- vided, That the Chief of Ordnance, United States Army, is hereby authorized to enter into contracts or otherwise, incur obligations for the purposes above mentioned not to exceed three hundred thousand dollars, in addition to the appropriations herein and heretofore made. *This applied to torpedo boats. Practically the same language was used as to submarine torpedo boats in the same act, page 1287. The limitation clause in the act of March 4, 1911 (36 Stat. 1287), providing that "no part of this appropriation shall be expended for the construction of any boat by any per- son, firm, or corporation which has not at the time of the commencement and construction of said vessel established an eight hour working day for all em- ployees * * * engaged or to be engaged in the construction of the vessel," applies to employees, laborers, etc., engaged or to be engaged in the construc- tion of such vessel, of the firm or corporation to whom the contract is let, and is limited to such employees, etc., as are in the employ of such contractor and not to employees of other persons, firms, etc., who in the usual course of busi- ness may furnish to such contractor materials entering into the construction of said vessel. (18 Comp., 93.) '^ The act of June 19, 1912, did not take effect till January 1, 1913. The naval appropriation act for the fiscal year ending June 30, 1913, as quoted, shows the intent of Congress that the act of June 19, 1912, should apply at once to con- tracts under the Naval appropriation act. ^ This act is not repealed by the act of June 19, 1912. The provisions of this act relative to the eight hour law applies only to employees, laborers, and me- chanics engaged in the work of manufacturing the ammunition named therein, and does not establish any general rule governing the employees of the con- tractor beyond their occupation in carrying out the work embraced in the con- tract with the Government. (29 Op. Atty. Gen., 629. See also id., 534.) MILITARY LAWS OF THE UNITED STATES. 455 For the purchase, manufacture, and test of ammunition ^ for moun- tain, field, and siege cannon, including the necessary experiments in connection therewith and the machinery necessary for its manu- facture at the arsenals, six hundred thousand dollars: Provided, That, except in time of war or when in the judgment of the Presi- dent war is imminent, no part of this or of any other sum in this Act for ammunition shall be expended for the purchase of any ammu- nition from any person, firm, or corporation which has not at the time of commencement of said work established an eight hour work- day for all employees, laborers, and mechanics engaged or to be en- gaged in the work of manufacturing the ammunition named herein. Act of June 6, 1912 {37 Stat. 126, F ortiiication) . ' 1232. Amendment of Act, August 1, 1892. — That sections one, two, and three of an act entitled "An act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia " be amended to read as follows : "Sec. 1. That the service and employment of all laborers and mechanics who are now, or may hereafter, be employed by the Gov- ernment of the United States or the District of Columbia, or by any contractor or subcontractor, upon a public work of the United States or of the District of Columbia, and of all persons who are now, or may hereafter be, employed by the Government of the United States or the District of Columbia, or any contractor or subcontractor, to perform services similar to those of laborers and mechanics in con- nection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics or of such persons employed to perform serv- ices similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, to require or permit any such laborer or mechanic or any such person employed to perform services similar to those of laborers, and mechanics in connection with dredg- ing or rock excavation in any river or harbor of the United States or of the District of Columbia, to work more than eight hours in any *The meaning of the word "ammunition" is the generally accepted meaning of the word as used by the War and Navy Departments. It means something different from materials for ammunition. It is generally the assembled or practically complete product, substantially ready for use in firearms. The law does not apply to purchase of ammunition made abroad. (29 Op. Atty. Gen., 48S.) 456 MILITARY LAWS OF THE UNITED STATES. calendar da}^, except in case of extraordinary emergency : Provided^ That nothing in this act shall apply or be construed to apply to persons employed in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia while not directly operating dredging or rock excavating machinery or tools, nor to persons engaged in construction or repair of levees or revetments necessary for protection against floods or overflows on the navigable rivers of the United States. " Sec. 2. That any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcon- tractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon a public work of the United States or of the District of Columbia, or any person employed to perform services similar to those of laborers and mechanics in con- nection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, who shall intention- ally violate any provision of this act, shall be deemed guilty 6i a misdemeanor, and for each and every such offense shall, upon con- viction, be punished by a fine not to exceed one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. " Sec. 3. That the provisions of this act shall not be so construed as to in any manner apply to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon a public work of the United States or of the District of Co- lumbia, or persons employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excava- tion in any river or harbor of the United States or of the District of Columbia, for which contracts have been entered into prior to the passing of this Act or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act. " Sec. 4. That this act shall become effective and be in force on and after March first, nineteen hundred and thirteen." ^ Act of Mar, 3^ 1913 {37 Stats. 726). TRANSFER OF CONTRACT PROHIBITED. 1233. Same. — No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are con- cerned. All rights of action, however, for any breach of such con- ^ This act takes tlie place of the act of August 1, 1892. The notes given in connection with the former act are applicable to the recent act. MILITARY LAWS OF THE UNITED STATES. 457 tract by the contracting partieSj are reserved to the United States.^ Sec. 3737, E, S. MISCELLANEOUS PROVISIONS. 1234. Preference for American mMerial. — In all contracts for ma- terial for any public improvement the Secretary of War shall give preference to American material,^ and all labor thereon shall ba per- formed within the jurisdiction of the United States. Sec. 2, Act of Mar. S, 1875 {18 Stat. Jf55). 1235. Means of transportation. — Hereaftei all purchases of horses, mules, or oxen, wagons, carts, drays, ships and other seagoing vessels, also all other means of transportation, shall be made by the Quarter- ^This clause is imperative and bars any action by the assignor as well as the assignee. (Wanless v. U. S., 6 Ct. Cls., 123.) The purpose of the act of July 17, 1862 (sec. 3737, R. S.), prohibiting the transfer of Government contracts, was to secure the personal attention and services of the contractor and to ren- der him liable to punishment under section 16 of the same act. * * * No formal or written transfer is necessary to bring the case within the prohibition of the act. It is sufficient to annul the contract that the facts disclose a sub- stantial transfer. (Francis t\ U. S., 11 Ct. Cls., 638; Wheelan v. U. S., 5 Ct. CIS., 504; McCord's Case, 9 Ct. Cls., 155; 10 Opin. Att. Gen., 523.) But it has been held by the Attorney General that the statute on the subject (sec. 3737, R. S. ) , is intended simply for the benefit and protection of the United States, which, therefore, is not compelled to avail itself of a transfer by the contractor to annul the contract, but may recognize the same and accept and pay the as- signee. " Were it to be held," observes the Attorney General, " that a transfer of an interest would absolutely avoid the contract, it would enable any party making a contract with the United States to avoid it by simply transferring an interest therein, which is a construction manifestly inadmissible." Opinion in the case of the "Fifteen per cent contracts." (15 Opins., 235.) And similarly held by the same authority in a later opinion, in 16 Opins., 277, that while the United States may avail itself of an assignment to declare the contract annulled, it is not required to do so, but, if deemed to be for its interests, may recognize the assignee. But it is clear that an officer of the Army could not properl^^ assume to treat an assignment of a contract (or interest therein) as valid without the authority and direction of the Secretary of War. (See, also, to same effect, Burck v. Taylor, 152 U. S., 634.) Partnership arrangements and arrangements for financial assistance in con- nection with a contract will not ordinarily constitute an assignment. (Hobbs V. Mclean, 117 U. S., 567 ; Coates v. U. S., 53 Fed. Rep., 989 ; Dulaney v. Scud- der, 94 id., 6.) A contractor with the United States does not, by contracting with a third party to furnish material for the work, assign the contract within the meaning of section 3737, Revised Statutes. (U. S. v. Farley. 91 Fed. Rep., 474.) It has, however, been held that section 3477, Revised Statutes, which prohibits or makes null and void all transfers and assignments of claims against the Government, does not apply to involuntary assignments in bank- ruptcy (Erwin v. U. S., 97 U. S., 392), or even to voluntary assignments for the benefit of creditors (Goodman v. Niblack, 102 U. S., 556) ; and the reasoning of this case applies with equal force to section 3737. (2 Comp. Dec, 50.) So it has been held that section 3737, Revised Statutes, does not apply to assign- ments by operation of law such as to personal representatives of a deceased contractor or to a receiver appointed in judicial proceedings. (See 2 Comp. Dec, 514; 10 id., 159, 168; Burks case, 13 Ct. Cls., 231; McKay v. U. S., 27 id., 422.) However, where the contract calls for the personal service of the con- tractor, as, for instance, service as an artist, the contract terminates with his death and can not be carried out by his executor or administrator. (7 Comp. Dec, 402.) See further as to construction of this section. Dig. Op. J. A. G. (3912), pages 347-350, and notes thereto. - See paragraph 1205, ante, as to preference for articles of domestic produc- tion or manufacture in procuring military suppUes. 458 MILITARY LAWS OF THE UNITED STATES. master's Department, by contract, after due legal advertisement, except in cases of extreme emergency. Act of July 5, 1884 {^S Stat. 110). 1236. Contracts for printing. — No part of the appropriations for the Quartermaster's Department shall be expended on printing unless the same shall be done at the Government Printing Office, or by con- tract after due notice and competition, except in such cases as the emergency will not admit of the giving notice of competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the purchase of material and hire of the necessary labor for the purpose. Act of Aug. 21^, 1912 {37 Stat. 679) . 1237. Post bakeries. — For the current fiscal year and thereafter there may be expended from the appropriation for regular supplies the amounts required for the necessary equipments of the bakehouse to carry on post bakeries; for the necessary furniture, text-books, paper, and equipments of the post schools ; for the tableware and mess furniture for kitchens and mess halls; * * * each and all for use of the enlisted men of the Army. Act of June 13^ 1890 {26 Stat. 162). 1238. Delivery of subsistence supplies. — Contracts for subsistence supplies for the Army, made by the Commissary-General, on public notice, shall provide for a complete delivery of such articles, on in- spection, at such places as shall be stipulated. Sec. 8716., R, S. 1239. Purchase of steel. — No contract for the expenditure of any portion of the money herein provided, or that may be hereafter pro- vided, for the purchase of steel shall be made until the same shall have been submitted to public competition by the Department by advertising. Act of Feb. 24, 1891 {26 Stat. 769). 1240. Purchases from Indians. — The Secretary of War is hereby authorized and directed when making purchases for the military posts or service on or near Indian reservations to purchase in open market, from the Indians as far as practicable, at fair and reasonable rates, not to exceed the market prices in the localities, any cattle, grain, hay, fuel, or other produce or merchandise they may have for sale and which may be required for the military service. Sec. 4, Act of Jan. 19, 1891 {26 Stat. 721). 1241. Name of contractor on supplies. — Every person who shall furnish supplies of any kind to the Army or Navy shall be required to mark and distinguish the same with the name of the contractor furnishing such supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct ; and no supplies of any kind shall be received unless so marked and distinguished. Sec. $731, R. S. MILITARY LAWS OF THE UNITED STATES. 459 1242. Inspection of fuel — District of Columbia. — It shall not be lawful for any officer or person in the civil, military, or naval service of the United States in the District of Columbia to purchase anthra- cite or bituminous coal or wood for the public service except on con- dition that the same shall, before delivery, be inspected and weighed or measured by some competent person to be appointed by the head of the Department or chief of the branch of the service for which the purchase is made from among the persons authorized to be em- ployed in such Department or branch of the service. The person appointed under this section shall ascertain that each ton of coal weighed by him shall consist of two thousand tw^o hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred and twenty-eight cubic feet. Each load or parcel of wood or coal weighed and measured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel. Sec. 3711^ R. /S., as amended hy Sec, 6, Act of Mar. 2, 1895 {28 Stat. 808), and Sec. 6, Act of Mar. 16, 1898 (,30 Stat. 316). 1243. Same — Copy of appointment to accounting officers. — ^The proper accounting officer of the Treasury shall be furnished with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section. Sec. 3712, R. S. 1244. Same — Certificate of inspector required. — It shall not be lawful for any accounting officer to pass or allow to the credit of any disbursing officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer. Sec. 3713, R. S, PENAL OFFENSES. 1245. Merriber of Congfess, etc. — Pay for procuring contract. — • Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, or being an officer or agent of the United States, shall directly or indirectly take, receive, or agree to receive, from any person, any money, property, or other valuable considera- tion whatever, for procuring, or aiding to procure, any contract, appointive office, or place, from the United States or from any officer or department thereof, for any person whatever, or for giving any such contract, appointive office, or place to any person whomsoever; or whoever, directly or indirectly, shall offer, or agree to give, or shall give, or bestow, any money, property, or other valuable consid- 460 MILITARY LAWS OF THE UNITED STATES eration whatever, for the procuring, or aiding to procure, any such contract, appointive office, or place, shall be fined not more than ten thousand dollars and imprisoned not more than two years ; and shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. Any such con- tract or agreement may, at the option of the President, be declared void.i Sec. 112, Act of Mar, 4, 1909, Criminal Code (35 Stat. 1108). 1246. Same — For services in relation to contract. — Whoever, being elected or appointed a Senator, Member of or Delegate to Congress, or a Kesident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continu- ance in office, or being the head of a department, or other officer or clerk in the employ of the United States, shall, directly or indirectly, receive, or agree to receive, any compensation whatever for any services rendered or to be rendered to any person, either by himself or another, in relation to any proceeding, contract, claim, contro- versy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever, shall be fined not more than ten thou- sand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States.^ See. lis, id., 1109. 1247. Member of Congress — Interested in contract. — Whoever, be- ing elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part, any contract or agree- ment, made or entered into in behalf of the United States by any officer or person authorized to make contracts on its behalf, shall be fined not more than three thousand dollars. All contracts or agree- ments made in violation of this section shall be void ; and whenever * This section is taken from section 1781, Revised Statutes, which is repealed. ' This section is taken from section 1782, Revised Statutes, which is repealed. Sections 1781 and 1782 made it illegal for an officer of the United States to have such connection with a Government contract as an agent, attorney, or solicitor assumes when he procures or aids to procure such a contract for another, or when he prosecutes for another against the Government any claim founded on a Government contract. But they do not prohibit executive officers of the Govern- ment, including pension agents, from contracting directly with the Government as principals in matters separate from their offices and the performance of their official duties, or being interested in such contracts after they are procured. (14 Opin. Att. Gen., 482; id., 133.) No person dealing with a public officer can be permitted to influence him in a way prejudicial to the Government. (Garman v. U. S., 34 Ct. Cls., 237.) MILITARY LAWS OF THE UNITED STATES. 461 any sum of money is advanced by the United States, in consideration of any such contract or agreement, it shall forthwith be repaid ; and in case of failure or refusal to repay the same when demanded by the proper officer of the department under whose authority such con- tract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties, for the recovery of the money so advanced.^ Sec. llJi.^ id. ~ 1248. Officer contracting with Member of Congress., etc. — Whoever, being an officer of the United States, shall on behalf of the United States, directly or indirectly make or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Dele- gate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either before or after he has qualified, and during his continuance m office, shall be fined not more than three thousand dollars. Sec, 115, id, 1249. Same — Exception as to corporations. — Nothing contained in the two preceding sections shall extend, or be construed to extend, to any contract or agreement made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, or Resident Commissioner, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. Sec. 116, id. 1250. Agent of corporation, etc., acting as age7it of the United States. — No officer or agent of any corporation, joint stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be em- ployed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint stock company, ^ This paragraph supersedes section 3739 of tlie Revised Statutes, which is repealed. Sections 3739 to 3742, Revised Statutes, made it illegal for an officer of the United States to contract for or purchase for the United States, any sup- plies from a Member or Delegate to Congress or from a firm or association other than an incorporated company of which such Member or Delegate was a member or in which he was pecuniarily interested. (See 2 Op. Atty. Gen., 40; 4 id., 47; U. S. v. Deitrich, 126 Fed. Rep., 671.) That section 3739, Revised Statutes, did not affect contracts made with persons who were simply elected Members of or Delegates to Congress, and had not actually become such by being sworn in. (See Op. of Atty. Gen., 15 Op., 280.) Sections 114 and 115 of the Criminal Code, which supersede sections 3739 and 3742, Revised Statutes, broadened the legislation so as to apply to Members of Congress from the time of their election and before qualification. These sections did not, however, for- bid the acceptance of a Member of Congress or other person within their pro- visions as surety on the bond of a contractor. (18 Op. Atty. Gen., 287; Dig. Op. J. A. G. (1912), p. 353, B.) 462 MILITABY LAWS OF THE UNITED STATES. association, or firm. Whoever shall violate the provision of this sec- tion shall be fined not more than two thousand dollars and imprisoned not more than two years. S>ec. Jfl^ id.^ 1097. 1251. Bribery. — Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obliga- tion, gratuity, or security for the payment of money, or for the de- livery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the conmiission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years.^ &ec. 39 .^ id.., 1096. (This paragraph is the same as section 5451 of the Revised Statutes, which is repealed.) 1252. Extortion. — Every officer, clerk, agent, or employee of the United States, and every person representing himself to be or assum- ing to act as such officer, clerk, agent, or employee, who, under color of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, sliall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.^ Sec. 85, id., 110^, ^ Though an officer may have full power to enter into a contract, yet the con- tract may be void for fraud as having been made by the collusion of the officer, and all negotiations and circumstances surrounding the contract, as well as its terms, may be examined to prove fraud. (Hitchcock v. City of Galveston, 3 Woods, 202.) Three persons, one of them the Goverrment agent who had charge of letting the contract, entered into an agreement by which two were to do the work, and each was to have one-third of the profits. Held that such a contract was a fraud on the Grovernment, and that an action founded thereon by one partner against the other could not be maintained. (Btirtle v. Coleman, 3 Cranch, C. C, 283.) *This section is taken from section 5481, Revised Statutes, as amended by act of June 28, 1906 (34 Stat. 546). MILITARY LAWS OF THE UNITED STATES. 463 1253. Witness acceptirig ^HJe.— Whoever, being, or about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized by the laws of the United States to hear evidence or take testimony, shall receive, or agree or offer to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, or because of such testimony, or such absence, shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. Sec. 13Jf^ id., 1113. 1254. Offtcer, etc., accepting bribe. — Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertaking, obligation, gratuity, or security for the pay- ment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or Lwhich may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States.^ Sec. 117, id.y 1109. ^This section is taken from sections 5500, 5501, and 5502, Revised Statutes, whicli are repealed. An agreement to use personal influence with a Government agent in order to procure a Government contract is void. So where plaintiff, being consul general of the Turkish Government, agreed with defendant to use his personal influence with a special agent of the Turkish Goverment to procure contracts between that Government and defendant, and did use such influence with success, it was held that plaintiff could maintain no action for his services in procuring such contracts. (Oscanyan v. Arms Company, 13 Otto, 261.) CKE-A^FTER XXX. PUBLIC PKOPERTY. Par. Acquisition and accountability. 1255-1262 Power to acquire and dispose of the property of the United States vested in Congress 1255 Personal property 1256-1262 Charges for failure to account therefor to be certified to the accounting officers 1256 Same— nature and eSect of cer- tificates 1257 Officer to have opportunity to relieve himself from account- ability 1258 Regulations by heads of depart- ments 1259 Accounts of company command- ers therefor, afTidavits to be considered in case of loss 1260 Disposition of damaged or un- suitable property 1261 Sale, barter, etc., of clothing, arms, etc., furnished to sol- diers 1262 Offenses against personal prop- erty 1263-1267 Embezzlement, stealing, etc. . 1263 Same 1264 Robbery, larceny, etc 1265 Receiving stolen property 1266 Aiding or abetting with intent to defraud any captor or claim- ant of property captured as a prize 1267 Real property— public lands.. 1268-1273 Lands reserved not subject to preemption 1268 Same — not subject to reserva- tion for town sites 1269 Soldiers' homesteads 1270 Same — deduction for military service from time required to perfect title 1271 Same — military service equiva- lent to residence 1272 Same —may enter by agent 1273 G20G1"— IT 30 Par. Acquisition of land 1274-1279 Purchase to be authorized by law 1274 Assent of States to purchase. . . 1275 Acquisition by condemnation.. 1276 Same— procedure 1277 Releases by officers of their in- terests to the United States.. 1278 Leases of property of the United States not required for public use 1279 Military reservations 1280-1288 Jurisdiction over reservations. . 1280 Disposition of useless military reservations 1281 Permits for rights of way for re- servoirs, conduits, electrical plants, etc 1282 Easements for rights of way for electrical power, tslephone and telegraph lines 1283 Extension of State, county, and teiritorial roads across mili- tary reservations 1284 Proclamation of historic landmarks . 1285 Permits for examination and exca- vation of archaeological sites. 1286 Same — rules and regulations... 1287 Statute of Liberty, Bedloe's Is- land, N. Y 1288 Military posts 1289-1295 Establishment — express author- ity of Congress required 1289 Title papers to be furnished the Attorney General 1290 Expenditures for repairs — limi- tation 1291 Acquisition of leases in Hawaii . 1292 Post schools 1293 Post exchanges 1294 Sales of liquors, etc., prohibited 1295 National military parks 1 296-1299 Use for military maneuvers 1296 Same 1297 Same — regulations 1298 Superintendents, Antietam Bat- tlefield 1299 465 466 MIUTABY LAWS OP THE UNITED STATES. Par. National parks 1300-1301 Employment of troops in Yel- lowstone National Park 1300 Employment of troops in na- tional parks in California 1301 National cemeteries 1302-1310 Maintenance 1302 Superintendents — selection 1303 Superintendents — pay and quar- ters 1304 Inclosures, headstones, and reg- isters 1305 Erection of headstones in pri- vate cemeteries 1306 Record of names and places of burial 1307 Burial in national cemeteries — soldiers, sailors, and marines entitled thereto 1308 Same — A i my nurses 1309 Jurisdiction 1310 Par. Offenses against real property. 1311-1318 Cuttingor injuring timber, etc. 1311 Cutting and chipping trees to secure pitch, etc 1312 Removal, destruction, etc., of section corners and meander posts 1313 Breaking fences, driving cattle, etc., upon reservations 1314 Trespass upon or injury to mines, torpedos, fortifica- tions, etc 1315 Setting fire to or injuring arse- nals, armories, magazines, etc 1316 Entry upon reservation for a purpose prohibited by law. . . 1317 Employment of force to remove unlawful inclosures 1318 ACQUISITION ^ AND ACCOUNTABILITY. 1255. Power to acquire and dispose of the property of the United States vested in Congress. — The Congress shall have power to dis- pose of and make all needful rules and regulations respecting the ter- ritory or other property belonging to the United States.^ Gonstiti- tion^ Art. IV, sec. 3. ^ The acquisition of property on behalf of the United States, unless the same be authorized by law, is prohibited by sections 3732 and 3786 Revised Statutes. (See paragraphs 1190 and 1192, ante, under chapter entitled Contracts and purchases. ) ^This fundamental rule of our public law is expressed by Attorney-General Hoar (13 Opins., 46) as follows: "I am clearly of opinion that the Secretary of War can not convey to any person any interest in land belonging to the United States, except in pursuance of an act of Cogress expressly or impliedly authorizing him to do so." (And see U. S. v. Nichols, 1 Paine, 646 (cited post) ; Seabury v. Field, McAllister, 1; U. S. v. Hare, 4 Sawyer, 653, 669.) See Friedman v. Goodwin (1 McAllister, 148), where a lease made by the post commander at San Francisco, of a part of a "government reserve," though approved by the military governor of the then Territory, and also by the Secre- tary of the Interior, was held void because not authorized by Congress. The court declares the " utter impotency of any attempt by an officer of the Govern- ment to alien any laud, the property of the United States, without the authority of an act of Congress;" adding that "the President, with the heads of the Departments combined," could not effect such an object. (And see 4 Opins. Atty. Gen., 480; 9 id., 476; 13 id., 46; U. S. v. Hare, 4 Sawyer, 670-671.) In the last case the court say: "The Secretary of the Treasury can not execute or approve of a lease of any property belonging to the United States without special authority of law." The leading case on this point is United States v. Nichols (1 Paine, U. S. Circ. Ct. R., 646), in which it was held that a sale or loan, by the commandant of an arsenal, of a quantity of lead belonging to the United States, was illegal and invalid. The court say: "The Constitution declares that 'Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.' No public property can therefore be disposed of without the authority of law, either by an express act of Congress for that purpose, or by giving the authority to some Department or subordinate agent. No law has been shown authorizing the sale of this lead; nor is any such authority to be inferred from the general MILITAEY LAWS 0^ THE UNITED STATES. 467 PERSONAL PROPERTY. 1256. Charges for failure to account therefor to he certified to the accounting officers. — That instead of forwarding to the accounting officers of the Treasury Department returns of public property in- trusted to the possession of officers or agents, the Quartermaster- General, the Commissary-General of Subsistence, the Surgeon-Gen- eral, the Chief of Engineers, the Chief of Ordnance, the Chief Signal Officer, the Paymaster- General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any Department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting offi- cer of the Treasury Department, for debiting on the proper account, any charge against any officer or agent intrusted with public prop- erty, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him.^ Sec. i. Act of Mar. 29^ 1894 {£8 Stat, 47). power vested in any of the Departments of the Government. The power, if lodged anywhere, would seem most appropriately to belong to the War Depart- ment. But there is no such express or implied power in that Department to sell the public property put under its management." And see the same prin- ciple recognized in an opinion of the Attorney-General (in 16 Opins,, 477), in which it is held that the Secretary of War was not empowered to sell arms to a State in the absence of authority from Congriess. See Dig. Opin. J. A. G., pp. 901-906, edition 1912, for further and extended discussion of this subject. ^The effect of the above statute was to divest the Auditor of the jurisdiction theretofore possessed by him over the property accounts and transactions of officers of the Navy (and War) Department, and to relieve him of all responsi- bility in relation to the disposition of property intrusted to said officers, except in cases where the officer " whose duty it is to receive or examine returns of such property shall certify to the proper accounting officer of the Treasury Department (the Auditor), for debiting on the proper account any charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him." Under this act the duty and responsibility of determining questions relating to the correct disposition or loss of property in the Marine Corps have been transferred to and vested in the proper officer of the Navy Department, and it seems clear that the Auditor will have no authority over or in relation to the property mentioned in the cash voucher evidencing the purchase of forage under consideration until he has been furnished with a certificate required by section 1 of said act. Jurisdiction over property accounts can not be given to the Auditor by inject- ing papers into cash accounts tending to show what disposition has been made of the property. Such evidence may well be excluded from the cash accounts, and the responsibility for determining questions relating to property accounta- bility be left where it belongs, where the law has placed it. (2 Comp. Dec, 264, 267, 268; 4 id., 422.) In the case of Isaac W. Patrick, Indian agent at the Great Nemaha Agency, upon a suit to recover on his bond for public property alleged to have been unaccounted for, such failure to account having been shown to be due to clerical errors, it was held by the circuit court of appeals for the Eighth circuit, in March, 1896, that " a Government agent is not to be held liable for property still in the possession of the agency and which has never been lost, merely because a careless clerk, appointed by the Government itself to keep the ac- counts of the agent, has omitted it from the return which he is required to make." (U. S. v. Patrick, 73 Fed. Rep., 800.) The failure of an Indian agent, through clerical errors, to include in his accounts property which, in fact, remains at the agency, and which is not lost 4^$ MILITAEY LAWS OF THE UNITED STATES. 1257. Same — Nature and effect of certificates. — That said certificurto shall set forth the condition of such officer's or agent's property re- turns, that it includes all charges made up to its date and not pre- viously certified, that he has had a reasonable opportunity to be h^ard and has not been relieved of responsibility ; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treas- ury Department in accounting. Sec. ^, id. 1258. O fleer to have opportunity to relieve hiraself from liahility. — That the manner of making property returns to or in any adminis- trative bureau or department, or of ascertaining liability for prop- erty, under existing laws and regulations, shall not be affected by this act, except as provided in section one; but in all cases arising as to such property so intrusted the officer or agent shall have an oppor- tunity to relieve himself from liability.^ Sec. 3, id. 1259. Regulations ty heads of departments. — The heads of the several Departments are hereby empowered to make and enforce regulations to carry out the provisions of this act. All laws or parts of laws inconsistent with the provisions of this act are hereby re- pealed.^ Sees. Jj. and J, id. 1259J. Puhlic property under Quartermaster General^ system of accountability for. — The Quartermaster-General, under the direction of the Secretary of War, shall prescribe and enforce a system of accountability for all quartermaster's supplies to the Army or to officers, seamen, and marines. And he shall account to the Secretary of War at least once in three months for all property and money that may pass through his hands, or the hands of his subordinate officers. Sec. 1139, R. S., as amended hy Act of Feb. 27, 1877 {19 Stat. 2Jf2). 1260. Accounts of company commanders therefor — Affidavits to he considered in case of loss. — In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouch- ers or company books, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated ; and such affidavit may be considered as evidence to establish the facts set forth, with or with- to the Government, does not entitle the United States to recover the value thereof in a suit on his bond ; and he may ^how these facts in defense. The technical failure to account would authorize a recovery of no more than nominal damages. ( Id. ) ' Section 12 of the act of July 31, 1894 (28 Stat. 208), requiring certain quar- terly accounts to be rendered v^ithin twenty days after the expiration of the quarter to which they relate, has no application to property returns, the rendi- tion of which is regulated by the act of March 29, 1894. (3 Comp. Dec, 422.) ' For regulations prepared and promulgated by the Secretaiy of War in exe- cution of the above enactment, see paragraphs 693-703, Army Regulations of 1913. MILITARY LAWS OF THE UNITED STATES. 469 out other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case.^ Sec. 225^ R. S. 1261. Disposition of damaged or unsuitoMe property. — The Presi- dent may cause to be sold any military stores which, upon proper in- spection or survey, appear to be damaged, or unsuitable for the public service. Such inspection or survey shall be made by officers desig- nated by the Secretary of War, and the sales shall be made under regulations prescribed by him.^ Sec. 12J^1^ R. S. 1262. Sale^ barter^ etc.^ of clothing^ anns^ etc.^ furnished to soldiers. — The clothes, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be sold, bartered, ex- changed, pledged, loaned, or given away; and no person, not a soldier or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits, or accouterments so fur- nished, and which have been the subjects of any such barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein, but the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be de- livered to any quartermaster or other officer authorized to receive the same. The possession of any such clothes, arms, military outfits, or accouterments by any person not a soldier or officer of the United States shall be presumptive evidence of such a sale, barter, exchange, pledge, loan, or gift.^ Sec. 37J^8, R. S. OFFENSES AGAINST PERSONAL PROPERTY. 1263. Emhezslement, stealing, etc. — Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.* &ec. Jf7, Act of Mar. 4, 1909, Criminal Code {35 Stat. 1097). ^ Sections 1303 and 1304, Revised Statutes, require that deficiency in or dam- age to any article of military supplies and repairs or damages to arms, etc., due to negligence shall be charged against the delinquent, and that the cost or value thereof shall be deducted from his pay. (See pars. 690 and 691, ante, under chapter entitled "The Quartermaster Corps.") For regulations relative to damaged, lost, or destroyed militai-y property, see paragraphs 682-692, Army Regulations of .1913. For provisions respecting boards of survey, see paragraphs 710-726, id. "For statutes authorizing and regulating the disposition of obsolete and un- serviceable ordnance and ordnance stores, see paragraphs 842-846, ante, under chapter entitled " The Ordnance Department." Steamships in the transport service can not be disposed of without consent of Congress. (See par. 334. ante, under the chapter entitled "The Department of War." See Dig. Opin. J. A. G. (1912), pp. 957-960.) • See Dig. Opin. J. A. G. (1912), pp. 960 and 961. * Sections 44 and 286 of the criminal code make it a criminal offense to injure or destroy the works or material of any submarine mine or torpedo, or to injure or destroy any vessel or material for building or repairing vessels, or any military stores or munitions of war. (See pars. 1315 and 1316, post.) For offenses of officers and enlisted men against the personal property of the United States, see the fifteenth, sixteenth, and seventeenth Articles of War. 470 MILITARY LAWS Of' THE UNITED STATES. 1264. Same. — Whoever shall steal, embezzle, or knowingly apply to his own use, or unlawfully sell, convey, or dispose of, any ordnance, arms, ammunition, clothing, subsistence, stores, money, or other prop- erty of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceeding section.^ Sec. 36, id., 1096. 1265. Robhery, larceny, etc. — Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. Sec. Jfi, id., 1097. 1266. Receiving stolen property. — Whoever shall receive, conceal, or aid in concealing, or shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both ; and such person may be tried either before or after the conviction of the principal offender.^ Sec. 1^8, id., 1098. 1267. Aiding or abetting with intent to defraud any captor or claimant of property captured as a prize. — Whoever shall willfully do, or aid or advise in the doing, of any act relating to the bringing in, custody, preservation, sale, or other disposition of any property captured as prize, or relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such prop- erty, shall be fined not more than ten thousand dollars, or imprisoned not more than five years, or both. Sec. 38, id., 1096. REAL PROPERTY PUBLIC LANDS. 1268. Lands reserved not subject to preemption. — The following classes of lands, unless otherwise specially provided for by law, shall not be subject to the rights of preemption, to wit: First. Lands included in any reservation by any treaty, law, or proclamation of 'the President, for any purpose. * * * ^^^ ^258, R. S. ^ Several courts have held this section unenforceable on account of the indefi- nite nature of the penal clause. In y'iqw of those decisions the Attorney General has directed, by Circular No. 308 of 1912, that no more prosecutions shall be brought under this section. "For knowingly purchasing or receiving in pledge from a soldier, sailor, or other person employed in the military service, arms, clothing, etc., see para- graph 220, The Treasury Department. MILITARY LAWS OF THE UNITED STATES. 471 126p. Carrie — Not subject to reservation for town-sites. — The provi- sion of this chapter^ shall not apply to military or other reserva- tions ^ heretofore made by the United States, nor to reservations for light-houses, custom-houses, mints, or such other public purposes as the interests of the United States may require, whether held under reservations through the Land Office by title derived from the Crown of Spain or otherwise. Sec. 239S, E. S. 1270. Soldiers^ homesteads. — Every private soldier and officer who has served in the Army of the United States during the recent rebel- lion for ninety days, and who was honorably discharged and has remained loyal to the Government, including the troops mustered into the service of the United States by virtue of the third section of an act approved February thirteenth, eighteen himdred and sixty- two, and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the rebel- lion for ninety days, and who was honorably discharged and has remained loyal to the Government, and every private soldier and officer who has served in the Army of the United States during the Spanish war, or who has served, is serving, or shall have served in * Chapter 8, Revised Statutes, relating to the reservation and survey of town sites on the public lands. ^Military reservations. — No specific statutory authority exists empowering the President to reserve public lands; but the right to reserve such lands for public uses is recognized by the courts. (14 Dec. Int. Dept., 426, 607, 628; Wolsey V. Chapman, 101 U. S., 755, 768; Walcott v. Des Moines Co., 5 Wall., 681.) Such reservation may be effected by proclamation or by Executive order. (13 Dec. Int. Dept., 426.) Mineral lands belonging to the public domain, which are reserved from sale under section 2318 of the *Revised Statutes, may be reserved for military or other purposes by the President. Where such lands are included in a military reservation, they are not open to exploration and purchase under section 2319 of the Revised Statutes. It is otherwise where a right has once attached to mineral land, under the laws relating thereto, in favor of the locator of a mining claim. Here the land, during the existence of such right, is not subject to reservation by the President ; and if it be subsequently reserved, the locator may nevertheless perfect his title. (17 Opin. Att. Gen., 230.) When public land subject to homestead settlement has been duly entered under the homestead law, it thenceforth ceases to be at the disposal of the Government so long as the entry of the settler subsists. Hence it can not, while such entry stands, be set apart by the President for a military reservation. (Id., 160.) Where a part of the public domain has once been reserved by the President for military or other public purposes, and subsequently the land so reserved becomes unnecessary for such purposes, it can not be restored to the public domain without autiiority from Congress- (Id., 368; 16 id., 123.) By Article VI, section 2, of the Constitution, " all treaties made under the authority of the United States" are declared to be "the supreme law of the land " ; and Indian reservations " have generally been made through the exercise of the treaty-making power, and in fulfillment of treaty obligations. (14 id., 182.) That land can not be reserved or occupied for military purposes to the prejudice of a title previously vested in an individual or a corporation, see, futher, 9 id., 339 ; 13 id., 469. See Land Dec. Int. Dept, 6 id., 18. 317; 13 id.. 426, 607, 628, 30 id., 276; 8 Fed. Rep., 883 ; 12 id.. 449 ; 92 U. S., 733 ; 101 id., 768 ; 5 Wallace, 681. For further discussion of this subject of the reservation of public lands, see Dig. Opin. J. A. G. (1912), pp. 922-924, and cases therein cited. 472 MILITARY LAWS OF THE UNITED STATES. . the said Army during the suppression of the insurrection in the Philippines for ninety days, and who was or shall be honorably dis- charged ; and every seaman, marine, and officer who has served in the Navy of the United States or in the Marine Corps during the Span- ish war, or who has served, is serving, or shall have served in the said forces during the suppression of the insurrection in the Philip- pines for ninety days, and who was or shall be honorably discharged, shall, on compliance with the provisions of this chapter, as herein- after modified, be entitled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work not otherwise reserved or appropriated, and other lands subject to entry under the homestead laws of the United States ; but such homestead settler shall be allowed six months after locating his homestead and filing his declaratory statement within which to make his entry and commence his settlement and improvement. Sec. 2304, B. S., as amended hy Act of Mar. 1, 1901 {31 Stat, 8^7). 1271. Same — Deduction for military service from time required to perfect title. — The time which the homestead settler has served in the Army, Navy, or Marine Corps shall be deducted from the time heretofore required to perfect title, or if discharged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from the time heretofore re- quired to perfect title, without reference to, the length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements: Provided.^ That in every case in which a settler on the public land of the United States under the homestead laws died while actually engaged in the Army, Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the war with Spain or the Philippine insurrection, his widow, if un- married, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, may proceed forthv/ith to make final proof upon the land so held by the deceased soldier and settler, and that the death of such soldier while so engaged in the service of the United States shall, in the administration of the home- stead laws, be construed to be equivalent to a performance of all re- quirements as to residence and cultivation for the full period of five years, and shall entitle his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, to make final proof upon and receive Government patent for said land; and that upon proof produced to MILITARY LAWS OF THE UNITED STATES. 473 the officers of the proper local land office by the widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, that the applicant for patent is the widow, if unmarried, or in case of her death or marriage, his orphan children or his or their legal representatives, and that such soldier, sailor, or marine died while in the service of the United States as hereinbefore described, the patent for such land shall issue.* Sec. 2305, R. S., as amended hy Act of Mar. 1, 1901 (31 Stat. 81^7). 1272. Same — Military service equivalent to residence. — Where a party at the date of his entry of a tract of land under the homeste'kd laws, or subsequently thereto, was actually enlisted and employed in the Army or Navy of the United States, his services therein shall, in the administration of such hoinestead laws, be construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry has been canceled by reason of his absence from such tract while in the mili- tary or naval service of the United States, and such tract has not been disposed of, his entry shall be restored; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. Sec. 2308^ R.S. In every case in which a settler on the public land of the United States under the homestead laws enlists or is actually engaged in the Army^ Navy, or Marine Corps of the United States as private soldier, officer, seaman, or marine, during the existing war with Spain, or during any other war in which the United States may be engaged, his services therein shall, in the administration of the homestead laws, be construed to be equivalent to all intents and purposes to residence and cultivation for the same length of time upon the tract entered or settled upon; and hereafter no contest shall be initiated on the ground of abandonment, nor allegation of abandonment sus- tained against any such settler, unless it shall be alleged in the pre- liminary affidavit or affidavits of contest, and proved at the hearing in cases hereafter initiated, that the settler's alleged absence from the land w^as not due to his employment in such service: Provided^ That if such settler shall be discharged on account of wounds re- ceived or disability incurred in the line of duty, then the term of his enlistment shall be deducted from the required length of residence ' Section 4, Act of April 27, 1904 (33 Stat. 322) provides that "The rights of honorably discharged Union soldiers and sailors of the late civil and the Spanish war, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended by the act of March first, nineteen hundred and one, shall not be abridged." 474 MILITARY LAWS OF THE UNITED STATES. witliout reference to the time of actual service: Provided further, That no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. Act of June 16, 1898 {30 Stat, i73) . 1273. Same — May enter 'by agent, — Every soldier, sailor, marine, officer, or other person coming within the provisions of section twenty-three hundred and four, may, as well by an agent as in per- son, enter upon such homestead by filing a declaratory statement, as in preemption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and thereafter fulfill all the requirements of law. Sec. 2309, R.S, ACQUISITION OF LANDS. 1274. Purchases to he authorized hy law. — No land shall be pur- chased on account of the United States, except under a law authoriz- ing such purchase.^ Sec. 3736, R. S. * See chapters entitled The Department of Justice, Contracts and Purchases, and The Engineer Corps for additional provisions respecting the acquisition of lands. " When, in an act appropriating for the purchase of additional land for a public building, the piece of ground to be purchased is particularly de- scribed, the appropriation can not be used for the purchase of another tract equally suitable for the purpose, and at a price within the sum provided, although the piece named can not be secured within the amount appropriated/' (2 Comp. Dec, 77.) See also section 1136, Revised Statutes (par. 1289, post), for provision requiring all officers of the United States having title papers of prop- erty, purchased or about to be purchased, in their possession to furnish the same forthwith to the Attorney-General. Lands acquired by the United States for public uses, by purchase with the consent of the legislatures of the States, or acquired by an exercise of the right of eminent domain are not '* public lands," that term applying o»ly to such lands as are subject to sale or other disposition under general laws. (Newhall x\ Sanger, 92 U. S., 761; 5 Opin. Att. Gen., 578.) Power over such lands is vested in Congress by the Constitution, without limitation, and is the founda- tion upon which the' Territorial governments rest. (U. S. v. Gratiot, 14 Pet., 526.) The power of Congress over the public land and the effect of its grants can not be interferred with by State legislation. (Gibson v. Chouteau, 13 Wall., 92.) Congress has the sole power to declare the dignity and effect of titles emanat- ing from the United States, and the whole legislation of the Federal Govern- ment, in reference to the public lands, declares the patent the superior and conclusive evidence of legal title. Until its issuance the fee is in the Govern- ment ; by the patent, it passes to the grantee, and he is entitled to recover the possession in ejectment. (Bagnell v. Broderick, 13 Peters, 436, 450; Wilcox v. Jackson, id., 498, 516; Langdon v. Sherwood, 124 U. S., 74, 83; Hussman v. Dunham, 165 U. S., 144 ; Carter v. Ruddy, 166 U. S., 493 ; Kirwan v. Murphy, 83 Fed. Rep., 275.) There is no way for titles to land to be divested out of the United States, except in strict pursuance of some law of the United States, and, as no statute of limitations runs against the United States, occupancy and possession alone, even for a great length of time, can not ripen into title as against the United States. (Drew v. Valentine, 18 Fed. Rep., 712.) In the administration of the public lands the decisions of the Land Depart- ment upon questions of fact are conclusive, and only questions of law can be reviewed by the courts. (Catholic Bishop of Nesqually v. U. S., 158 U. S., 155.) ^ MILITARY LAWS OF THE UNITED STATES. 475 1275. Assent of States to purchases. — The President of the United States is authorized to procure the assent of the legislature of any State within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings without such consent having been obtained. Sec. 1838, E. S. 1276. Acquisition hy condemnation. — In every case in whfch" the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses he shall be, and hereby is, authorized to acquire the same for the United States b}^ condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do so, and the United States circuit or district courts of the district wherein such real estate is located shall have jurisdiction of proceedings for such condemnation, and it shall be the duty of the Attorney-General of the United States, upon every application of the Secretary of the Treasury, under this act, or such other officer, to cause proceedings to be commenced for condemnation, within thirty days from the receipt of the application at the Department of Justice.^ Sec. 1, Act of Aug. 1, 1888 {25 Stat. 857). The expense of procuring an abstract of title to land to be used as a site for a fortification is a proper charge against the appropriation made for the pur- chase of the site, if the abstract is needed by the United States attorney to assist him in examining the title, provided the land is to be purchased and not condemned. (3 Comp. Dec. 216.) As to the proper person to make certificate of *' no liens " see Dig. Opin. J. A. G., 914 II A 6 b. See also Dig. Opin. J. A. G., pp. 910 and 911 for further discussion of the application of the above section of the Revised Statutes. See G. O. 47 of 1881 for Attorney-General's regulations as to making deeds, proving title to lands, etc. The act of Congress does not prohibit the acquisition by the United States of the legal title to land, without express legislative authority, when it is taken by way of security for debt. (Neilson v. Lagow, 12 How., 98.) ^The power to take private property for public uses, generally termed the right of eminent domain, belongs to every independent government. It is an incident of sovereignty and requires no constitutional recognition. The provi- sion found in the fifth amendment to the Federal Constitution, and in the constitutions of the several States, for just compensation for property taken, is merely a limitation upon the use of the power. It is no part of the power itself, but a condition upon which the power may be exercised. (U. S. v. Jone^?, 109 U. S., 513, 518; Boom Co. v. Patterson, 98 U. S., 106; Kohl v. U. S., 91 U. S., 367; Cooley Con. Lim., 526; U. S. v. Oregon Railway and Nav. Co.. 16 F. R., 524.) In some instances the States, by virtue of their own right of eminent domain, have condemned lands for the use of the General Government, and such condemnations have been sustained by their courts, without, however, denying the right of the United States to act independently of the States. (Kohl V. U. S., 91 U. S., 367, 373; Gilmer v. Lime Point, 18 Cal.. 729; Burt v. Merchants' Ins. Co., 106 Mass., 356; U. S. v. Jones, 109 U. S., 513.) The estate acquired by such exercise of the right of eminent domain on the part of the United Stiites may be a fee simple or may be in the nature of an easement. (16 Op. Att. Gen., 387.) The legislature is the .iudge of the necessity for exer- cising the right in any case. ( (Cooley Const. Law, 527.) It is now well settled that whenever, in the execution of the powers grantetl to the United States by the Constitution, lands in any State are needed by the United States, for a 476 MILITARY LAWS OF THE UNITED STATES. 1277. Same — Procedure. — The practice, pleadings, forms, and modes of proceeding in causes arising under the provisions of this act shall conform, as near as may be, to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of the court to the contrary notwithstand- ing. Sec. ^3 id. 1278. Releases hy officers of their interests to the United States. — Whenever any lands have been or shall be conveyed to individuals or officers, for the use or benefit of the United States, the President is authorized to obtain from such person a release of his interest to the United States. Sec. 3752, R. S. 1279. Leases of property of the United States not required for puhlic use. — Authority is hereby given to the Secretary of War, when in his discretion it will be for the public good, to lease, for a period of not exceeding five years and revocable at any time, such property of the United States under his control as may not for the time be required for public use and for the leasing of which there is no authority under existing law, and such leases shall be reported annually to Congress : Provided, That nothing in this act contained shall be held to apply to mineral or phosphate lands.^ Act of July 28, 1892 {27 Stat. 321). fort, magazine, dockyard, ligtitliouse, ciistomhouse, post office, or any other public purpose, and can not be acquired by agreement with the owners, the Congress of the United States, exercising the right of eminent domain, and making just compensation to the owners, may authorize such lands to be taken, either by proceedings in the courts of the State with its consent, or by pro- ceedings in the courts of the United States, with or without any consent or concurrent act of the State, as Congress may direct or permit. (Chappell v. U. S., 160 U. S., 499, 509, and 510 ; citing Harris v. Elliott, 10 Pet., 25 ; Kohl v. U. S., 91 U. S., 367 ; U. S. v. Jones, 109 U. S., 513 ; Fort Leavenworth R. R. v. Lowe, 114 U. S., 525, 531, 532; Cherokee Nation v. Kansas Rwy., 135 U. S., C41, 656 ; Monongahela Navigation Co. v. U. S., 148 U. S., 312 ; Luxton v. North River Bridge Co., 147 U. S., 337, and 153 U. S., 525; Burt v. Merchants' Ins. Co., 106 Mass., 356; U. S., petitioners, 96 N. Y., 227.) For the acquisition of lands for fortifications and coast defenses, see para- graph 802, ante. ^A license is an authority, revocable at pleasure, to do a particular act or series of acts upon the land of another without possessing an estate therein. (Morgan v. U. S., 14 Ct. Cls., 319.) From the act of July 5, 1884 (23 Stat. 103), it may be regarded as certain that it was the view of Congress that an explicit authority was necessary for even a transient occupation of a military reservation for other than its special purpose. The act of July 28, 1892, authorizing the Secretary of War to lease such property of the United States under his control as may not for the time be required for public use, forbids an occupation w^hich contemplates perma- nency, or duration longer than five years. The Secretary of War has no power to accept a donation of property for the Government for use in perpetuity by Roman Catholics. A revocable license, without limitation as to time, by the Secretary of War to a Roman Catholic archbishop, to erect and maintain a chapel on the military reservation at West Point, transcends the statute. (21 Opin. Att. Gen., 537; id., 473, 476; 19 id., 28.) See subject of leases and licenses in Dig. Opin., J. A. G., pp. 948-957. MILITABY LAWS OF THE UNITED STATES. 477 MILITARY RESERVATIONS. 1280. Jurisdiction over reservations} — The Congress shall have Power * * * To exercise exdusive Legislation in all Cases whatsoever, over such district (not exceeding ten Miles square) as may, by Cession of par- ticular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Maga- zines, Arsenals, dock- Yards, and other needful Buildings. Art. /, sec. 5, Constitution of the United States. ^ Lands may be acquired by the United States, within the territory of a State, in any one of three ways: (1) By purchase without the consent of the legisla- ture of the Slate within which the lands are situated; (2) by purchase with such consent; (3) by an exercise of the right of eminent domain. (Kohl v. U. S., 91 U. S., .367.) When the United States acquire lands within the limits of a State, with the consent of the legislature of the State, for the erection of forts, arsenals, dock- yards, and other needful buildings, the Constitution confers upon them exclu- sive jurisdiction of the tract so acquired ; but when they acquire such lands in any other way than by purchase with the consent of the legislature they will hold the lands subject to this qualification, that if upon them forts, arsenals, or other public buildings are erected for the uses of the General Government such buildings, with their appurtenances, as instrumentalities for the execution of its powers, will be free from any such interference and jurisdiction of the State as would destroy or impair their effective use for the purposes designed. Such is the law with reference to all instrumentalities created by the General Govern- ment. Their exemption from State control is essential to the independence and sovereign authority of the United States within the sphere of their delegated powers. But when not used as such instrumentalities the legislative power of the State will be as full and complete as over any other places within her limits. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525, 539.) Where the absoute title to property remains in the United States, no matter for what pur- pose it is acquired or held, it is not subject to State or municipal taxation. (Am. and Engl. Ency. of Law, vol. 2.5, p. 110, and cases cited.) The purcahse of lands in a State by the General Government, with legislative consent, does not, ipso facto, confer upon the General Government exclusive jurisdiction, unless the purchase is for a fort or for some other purpose dis- tinctly named in Article I, section 8, of the Constitution ; and in order that ex- clusive jurisdiction may be acquired over land taken for any other purpose the act providing therefor and calling for the consent must unequivocally declare that exclusive jurisdiction is intended and necessary, or such necessity must be manifest from the purpose of the act. Accordingly, held, that the acts of Con- gress establishing the National Home for Disabled Volunteer Soldiers and creating a corporation authorized to take and hold lands for the purpose of such homes, containing no declaration of the necessity of exclusive jurisdiction in the General Government over such lands, do not vest such exclusive jurisdiction in the United States, upon the consent of the State being given to the acquisi- tion of such lands. (In re Kelly, 71 Fed. Rep., 545.) A cession to the General Government, in the act giving the consent of the State to the purchase of such land, of "jurisdiction" does not confer exclusive jurisdiction, the purpose of the act not requiring it, but such jurisdiction only, concurrent with that of the State, as Congress may find necessary for the ob- jects of the cession. (Id.) Upon lands so ceded for the purpose of a home for disabled volunteers the criminal laws of the United States, which apply only to places within their exclusive jurisdiction, are not operative. (Id.) A State may cede to the United States exclusive jurisdiction over a tract within its limits in a manner not provided for in the Constitution of the United 478 MILITABY LAWS OF THE UNITED STATES. 1281. Disposition of useless military reservations. — That whenever, in the opinion of the President of the United States, the lands, or any portion of them, included within the limits of any military reser- vation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same, or so much thereof as he may designate, to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided, and shall cause to be filed with the Secretary of the Interior a notice thereof. Sec. i, Act of July S, 1884 {23 Stat. 103) . States, and may prescribe conditions to the cession, if they are not inconsistent with the effective use of the property for the purpose intended. The reserva- tion which has usually accompanied the consent of the States, that civil and criminal process of the State courts may be served in the places purchased, is not considered as interfering in any resi>ect with the supremacy of the United States over them, but is admitted to prevent them from becoming an asylum for fugitives from justice. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525, 533.) Such reservations provide only that civil and criminal process issued under the authority of the State, which must, of course, be for acts done and cognizable by the State, may be executed within the ceded lands, notwithstand- ing the cession. Not a word is said from which we can infer that it was in- tended that the State should have a right to punish for acts done within the ceded lands. (Id., 534; United States v. Cornell, 2 Mason, 60; Commonwealth v. Clary, 8 Mass., 72; Mitchell v. Tibbetts, 17 Pick., 298; People v. Godfrey, 17 Johns (N. Y.), 225.) Residents within such ceded districts have none of the duties and obligations and none of the rights and privileges of citizens of the States within which such lands are situated. They are not subject to taxation; they can not exer- cise the right of suffrage. (6 Opin. Att. Gen., 577 ; 10 id., 35 ; Sinks v. Reese, 19 Ohio. 306.) They are not entitled to the benefit of the public schools. (1 Met. (Mass.), 580.) An act of the legislature of a State ceding to the United States the jurisdic- tion of the State over a tract of land used as a military reservation upon condi- tion that such jurisdiction shall continue only so long as the United States shall own and occupy such reservation; that the State shall have the right within the reservation to serve civil process and to execute criminal process against persons charged with crime committed within the State ; and that roads may be opened and kept in repair within such reservation, cedes to the United States the entire political jurisdiction of the State over the place in question, including judicial and legislative jurisdiction, except as to service of process and opening Foads, and the same can not be affected or further limited without the consent of the United States by a subsequent act of the State legislature attempting to impose additional restrictions on the jurisdiction ceded. (In re Ladd, 74 Fed. Rep., 31.) After such cession a justice of the peace acting under authority of the State has no jurisdiction over the ceded territory in matters of alleged criminal vio- lation of the laws of the State committed on such territory. ( Id. ) It is a general rule of public law, recognized and acted upon by the United States, that whenever political jurisdiction and legislative power over any ter- ritory are transferred from one nation or sovereign to another the municipal laws of the country — that is, laws which are intended for the protection of private rights — continue in force until abrogated or changed by the new govern- ment or sovereign. By the cession public property passes from one government to the other, but private property remains as befare, and with it those municipal laws which are designed to secure its peaceful use and enjoyment. As a mat- ter of course, all laws, ordinances, and regulations in conflict with the political character, institutions, and constitution of the new government are at once displaced. * * * But with respect to other laws affecting the possession, use, and transfer of property, and designed to secure good order and peace in the community and promote its health and prosperity, which are of a strictly municipal character, the rule is general that a change of government leaves them in force until by direct action of the new government they are altered or MILITARY LAWS OF THE UNITED STATES. 479 1282. Permits for rights of way for reservoirs^ conduits^ electrical plants^ etc. — That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for elec- trical plants, poles, and lines for the generation and distribution of repealed. (Chicago & Pacific R. R. v. McGlinn, 114 U. S., 542, 547; American Insurance Co. v. Cantor, 1 Pet., 542; Halleck Int. Law, ch. 34, sec. 14.) While after such cession the municipal laws of the State governing property and property rights continue in force in the ceded territory, except so far as in conflict with the laws and regulations of the United States applying thereto, the criminal laws of the State cease to be of force within the ceded territory, and laws regulating the sale of intoxicating liquors, requiring a license therefor, and punishing unlicensed sales cease to be operative, both as in conflict with the regu- lations of the United States governing military reservations and as penal in character. (In re Ladd, 74 Fed. Rep., 31.) Such cessions are " necessarily temporary, to be exercised only so long as the places continue to be used for the public purposes for which the property was acquired, or reserved from sale." When they cease to be so used, the jurisdic- tion reverts to the State. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S., 525, 542.) A lease by the United States to a city for market purposes of vacant land which was a part of land ceded by the State to the United States for the pur- poses of a navy yard and naval hospital, with a provision that the United States may retain such use and jurisdiction no longer than the premises are used for such purposes, operates, at least while the lease is in force, to suspend the exclusive authority and jurisdiction of the United States over the leased land, and thereby makes it subject to the jurisdiction of State courts in an action for ouster therefrom. (Palmer v. Barrett, 162 U. S., 399.) The char- acter and purposes of the occupation of a reservation having been oflScially and legally established by that branch of the Government which has control over such matters, it is not open to the courts, on a question of jurisdiction, to in- quire what may be the actual uses to which any portion of the reserve is tem- porarily put. (Benson v. U. S., 146 U. S., 331.) Over lands reserved for military or other governraental purposes in the Terri- tories the jurisdiction of the United States is necessarily paramount. When a Territory is admitted as a State it is within the power of Congress to stipulate for the power of exclusive jurisdiction over such reservations, or to except them from the jurisdiction of the State. Failing to do this, however, the State can exercise such authority and jurisdiction over them as over similar prop- erty held by private individuals; and the United States can acquire exclusive jurisdiction only when the same has been formally ceded by the legislature of the State in which the lands are situated. (Fort Leavenworth R. R. Co. v. Lowe, 114 U. S.. 525.) Lands acquired by the United States for public uses, by purchase with the consent of the States, or by an exercise of the right of eminent domain, are not public lands, that term applying only to " such lands as are subject to sale or other disposition under general laws." (Newhall v. San- ger. 92 U. S., 761.) When an act admitting a State into the Union, or organizing a Territorial government, provides that the lands in possession of an Indian tribe shall not be a part of such State or Territory, the new government has no jurisdiction over them. (Langford v. Monteith, 102 U. S., 145.) For an example of such a reservation on the part of Congress in the admission of a State into the Union, see the act of July 10, 1890 (26 Stat. 222), admitting the State of Wyoming, (See subject of jurisdiction in Dig. Opin. J. A. G., pp. 931-943.) For granting licenses to occupy and use military reservations and for remov- ing tresspassers therefrom, see par. 212 A. R., 1913. Also as to authority to remove tresspassers, see 3 Opin. Att. Gen., 268; 19 id., 106, 476; and chapter en- titled Employment of Military Force. Upon the subject of taxation on reservations, see Dig. Opin. J. A. G., pp. 1023-1026. 480 MILITARY LAWS OF THE UNITED STATES. electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams and reservoirs used to promote irrigation or mining or quarrying, or the manufacture or cutting of timber or lumber, or the supplying of water for domestic, public or &nj other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exc'eed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named : Provided, That such per- mits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest : Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provision of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain : And provided further, That any permission given by the Secretary of the Interior under the provisions of this Act may be revoked by him or his suc- cessor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land,^ reservation, or park. Act of Feh. 15, 1901 {31 Stat. 790), 1283. Easements for rights of way_ for electrical power, telephone and telegrajyh lines. — That the head of the department having juris- diction over the lands be, and he hereby is, authorized and empow- ered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone and telegraph lines and poles, to any citizen, association, or .corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein named: Provided, That such right of way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the MILITARY LAWS OF THE UNITED STATES. 481 approval of the chief officer of the department under whose super- vision or control such reservation falls, and upon a finding by hiai that the same is not incompatible with the public interest : Provided^ That all or any part of such right of way may be forfeited and an- nulled by declaration of the head of the department having jurisdic- tion over the lands for nonuse for a period of two years or for aban- donment. - - That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and ' conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute. Act of Mar. 4, 19 It (36 Stat 1253). 1284. Extension of state., county and territorial roads across miU- tary reservations. — The Secretary of War shall have authority, in his discretion, to permit the extension of State, county, and Terri- torial roads across military reservations; to permit the landing of ferries, the erection of bridges thereon ; and permit cattle, sheep or other stock animals to be driven across such reservation, whenever in his judgment the same can be done without injury to the reservation or inconvenience to the military forces stationed thereon. Sec. 6^ Act of July 5, 1884 {23 Stat. 104). 1285. Proclamation of historic landmarhs. — The President of the United States is hereby authorized, in his. discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be con- fined to the smallest area compatible with the proper care and man- agement of the objects to be protected: Provided^ That when such objects are situated upon a tract covered by a bona fide unperfected claim or held in private ownership, the tract, or so much thereof as may be necessary for the proper care and management of the object, may be relinquished to the Government, and the Secretary of the Interior is hereby authorized to accept the relinquishment of such tracts in behalf of the Government of the United States. Sec. ^, Act of June 8, 1906 {34 Stat. 225). 1286. Permits for the examination and excavation of archaeological sites. — Permits for the examination of ruins, the excavation of archaeological sites, and the gathering of objects of antiquity upon the lands under their respective jurisdictions may be granted by the 92061"— 17 31 482 MILITARY LAWS OF THE UNITED STATES. Secretaries of the Interior, Agriculture, and War to institutions which they may deem properly qualified to conduct such examination, excavation, or gathering, subject to such rules and regulations as they may prescribe: Provided^ That the examinations, excavations, and gatherings are undertaken for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such objects, and that the gatherings shall be made for permanent preservation in public museums. Bee. " Then follows the act as set forth in the above paragraph. It is clear the amendment applies only to those parts of the two sections that are inconsistent with the new section. The object of the amendment was to make the prohibition include malt liquors, and to clearly define the person or tribunal to v/hom com- plaint should be made. The action directed in sections 2140 and 2141 as to the seizure and destroying of liquor remains unaffected by the amendment. These sections are given in paragraphs 1405 and 1406, post. As to the meaning of the term Indian country, see Dig. Op. J. A. G., 673 III A. A stock of liquors is not introduced into the Indian country by being trans- ported across an Indian reservation to a place where it may be lawfully sold and is not subject to seizure while in transit nor after its arrival at its place of des- tination. (U. S. V. Four Bottles of Sour Mash Whisky, 90 Fed. Rep., 720.) The disposition of spiritous liquors to an Indian under the charge of an Indian agent, who has abandoned his nomadic life and tribal relations and adopted the habits and manners of civilized people, violates section 2139 of the Revised Statutes. (U. S. v. Osborn, 52 Fed. Rep., 58.) Section 2139 of the Revised Statutes provides that every person who disposes of spirituous hquors to any Indian under the charge of any Indian superintend- ent or agent shall be punished, etc. Held, that an Indian of the Nez Perces Tribe, a soldier in the United States Army, is within the meaning of the statute. (U. S. V. Hurshman, 53 Fed. Rep., 543.) It is no defense to a prosecution under section 2139 for introducing spirituous liquors into the Indian country that the United States has licensed the traffic in such liquors therein. (U. S. v. Ellis, 51 id., 808.) As section 2139 of the Revised Statutes, previous to the amendment of July 23, 1892, made punishable the introduction into the Indian country of " spirituous liquor or wine " only, it did not include lager beer, that being a malt liquor made by fermentation. (In re McDonough, 49 id., 360; U. S. v. Ellis, 51 id., SOS, reversed in Sarlis v. U. S., 152 U. S., 570.) As to the law regarding the introduction of liquor into that part of the Indian country embraced within the limits of the State of Oklahoma, see the Oklahoma enabling act (34 Stat. 267), and the decision of the Supreme Court of the United States in Ex parte Webb (225 U. S., 663). See also the act of March 1, 1913 (37 Stat. 699), prohibiting the shipment or transportation of intoxicating liquor into a State with intent to use the same in any manner in violation of any law of such State. MILITAEY LAWS OF THE UNITED STATES. 525 son who shall introduce or attempt to introduce any malt, spiritu- ous, or vinous liquor, including beer, ale, and wine, or any ardent or intoxicating liquor of any kind whatsoever into the Indian country, which term shall include any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be punished by imprisonment for not less than sixty days, and by a fine of not less than one hundred dollars for the first offense and not less than two hundred dollars for each offense thereafter: Provided^ however^ that the person convicted shall be committed until fine and costs are paid. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing, from the War Department or any officer duly authorized thereto by the War Department. Sec. 2. So much of the act of the twenty-third of July, eighteen hundred and ninety-two, as is inconsistent with the provisions of this act is hereby repealed.^ Act of Jan. SO, 1897 {29 Stat. 506). 1405. Wines for sacramnental purposes. — Hereafter it shall not be unlawful to introduce and use wines solely for sacramental pur- poses, under church authority, at any place within the Indian coun- try or any Indian reservation, including the Pueblo Reservations in New Mexico: Provided also, That the powers conferred by section seven hundred and eighty-eight of the Eevised Statutes upon mar- shals and their deputies are hereby conferred upon the chief special officer for the suppression of the liquor traffic among Indians and duly authorized officers working under his supervision whose ap- pointments are made or affirmed by the Commissioner of Indian Affairs or the Secretary of the Interior. Act of Aug. ^i, 1912 {37 Stat. 619). 1406. Search for concealed liquors. — If any superintendent of In- dian affairs, Indian agent, or subagent, or commanding officer of any military post has reason to suspect or is informed that any white person or Indian is about to introduce or has introduced any spirit- uous liquor or wine into the Indian country in violation of law, such superintendent, agent, subagent, or commanding officer may cause the boats, stores, packages, wagons, sleds, and places of deposit of such person to be searched ; and if any such liquor is found therein, the same, together with the boats, teams, wagons, and sleds used in conveying the same, and also the goods, packages, and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, » See Dig. Op. J. A. G., 672 II F to 675 IV, edition, 1912. 626 MILITARY lAWS OF THE UNITED STATES. one-half to the informer and the other half to the use of the United States; and if such person be a trader his license shall be revoked and his bond put in suit. It shall, moreover, be the duty of any person in the service of the United States or of any Indian to take and destroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Department. In all cases arising under this and the preceding section Indians shall be competent witnesses. Sec, 21JtO, R. S. 1407. Distilleries. — Every person who shall, within the Indian country, set up or continue any distillery for manufacturing ardent spirits, shall be liable to a penalty of one thousand dollars; and the superintendent of Indian Affairs, Indian agent, or subagent, within the limits of whose agency any distillery of ardent spirits is set up or continued, shall forthwith destroy and break up the same. Sec» mil, R. s, 1408. Prosecution of officer, soldier, etc. — No part of section twenty- one hundred and thirty-nine or of section twenty-one hundred and forty of the Revised Statutes shall be a bar to the prosecution of any officer, soldier, sutler or storekeeper, attache, or employee of the Army of the United States who shall barter, donate, or furnish in any manner whatsoever liquors, wines, beer, or any intoxicating beverage whatsoever to any Indian.^ Act of July 4j ^^^4 {^^ Stat. 94). MISCELLANEOUS PROVISIONS. 1409. Removal of persons from Indian country. — The superintend- ent of Indian affairs, and the Indian agents and subagents, shall have authority to remove from the Indian country all persons found therein contrary to law ; and the President is authorized to direct the military force to be employed in such removal.^ Sec. 21Jf7, R. S. * The act of July 4, 1884, declaring that section 2139 of the Revised Statutes shall not be a bar to the prosecution of any officer, soldier, or employee of the United States who shall "furnish liquors, wines, beer, or any intoxicating beverage to " any Indian is not a legislative construction of such section. ( In re McDonough, 49 Fed. Rep., 360.) ^ Under the Constitution, the acts of Congress, and the regulations adopted by the Indian Department, the powei* of the Commissioner of Indian Affairs and the agent acting under him and by his direction in removing anyone not a mem- ber of an Indian tribe is a matter intrusted to the discretion of the commis- sioner, and is not reviewable. (Adams v. Freeman, 50 Pac. Rep., 135.) An order from a State court restraining an Indian agent from ousting tres- passers from an Indian reservation should be disregarded as without jurisdic- tion. (20 Opin. Atty. Gen., 245.) An Indian agent has no authority forcibly to eject persons from land not within an Indian reservation, although it is inclosed in allotments made to Indians in fulfillment of a treaty stipulation, and may be restrained by injunc- tion from so ejecting one who, before such allotment, entered the land as a homestead and made valuable improvements thereon. (La Chapelle v, Bubb, 2 Fed. Rep., 545.) MILITAKY LAWS OF THE UNITED STATES. 527 1410. Apprehension hy military force. — The military forces of the United States may be employed in such manner and under such regu- lations as the President may direct — First. In the apprehension of every person who may be in the Indian country in violation of law; and in conveying him imme- diately from the Indian country, by the nearest convenient and safe route, to the civil authority of the Territory or judicial district in which such person shall be found, to be proceeded against in due course of law ; Second. In the examination and seizure of stores, packages, and boats, authorized by law; Third. In preventing the introduction of persons and property into the Indian country contrary to law ; which persons and property shall be proceeded against according to law ; Fourth. And also in destroying and breaking up any distillery for manufacturing ardent spirits set up or continued within the Indian country.^ Sec. 2150, R. S. 1411. Limit of detention. — No person apprehended by military force under the preceding section shall be detained longer than five days after arrest and before removal. All officers and soldiers who may have any such person in custody shall treat him with all the humanity which the circumstances will permit.^ Sec. 2161, R. S. * There is not in the treaties with the Indians of the Indian Territory, or sec- tions 2147, 2150, 2152, Revised Statutes, any express authority vested in the President to use the Army in such Territory for the apprehension of local rob- bers or thieves, etc., or for the protection of corporations or individuals from such robbers or other outlaws, except in so far as such offenders may be persons who are in, or are attempting to enter the Indian country " contrary to law," or are Indians charged with crime. (Sec. 2152, R. S.) In these cases they could be apprehended by the military forces, but only by virtue of and con- formably to the statutes cited, and not (unless they be Indians) because they are train robbers or other offenders against the local peace or laws. (Dig. J. A. G. 100, C.) The troops of the- United States can not be employed in the Indian Territory for the purpose of assisting in the preservation of the peace and the arrest of bandits and outlaws unless they are trespassing upon Indian country, or ab- sconding offenders within the provisions of section 2152 of the Revised Statutes. (21 Opin. Att. Gen., 72.) Whatever may be the rule in time of war and in the presence of actual hos- tilities, military officers can no more protect themselves than civilians for actual wrongs committed in time of peace under orders emanating from a source which is itself without authority in the premises. Hence a military officer seizing liquors supposed to be in Indian country when they are not is liable to an action as a trespasser. (Bates v. Clark, 95 U. S., 204.) Officers of the Army making arrests under section 23 of the act of June 30, 1834 (4 Stat. 732; sec. 2150, R. S.), act as officers of civil law. To justify such arrests there must be strong probable cause. (In re Carr, 3 Sawyer, 316.) " But note that, in view of the provisions of section 2151, Revised Statutes, an officer of the Army who detains a person arrested under section 2150 longer than five days before "conveying him to the civil authority," or subjects him when ill arrest to unreasonably harsh treatment, renders himself liable to an action in damages for false imprisonment. (In re Carr, 3 Sawyer, 316; Waters V. Campbell, 5 id., 17.) 528 MILITARY LAWS OF THE UNITED STATES. 1412. Arrest of hidians. — The superintendents, agents, and sub- agents shall endeavor to procure the arrest and trial of all Indians accused of committing any crime, offense, or misdemeanor, and of all other persons who may have committed crimes or offenses within any State or Territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorize. The President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes.^ Sec. 2152^ R. S. 1413. Prohibition of permits to Indians to go into Texas. — All offi- cers and agents of the Army and Indian Bureaus are prohibited, except in a case specially directed by the President, from granting permission in writing or otherwise to any Indian or Indians on any reservation to go into the State of Texas under any pretext what- ever; and any officer or agent of the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service. And the Secretary of the Interior is hereby directed and required to take at once such other reasonable measures as may be necessary in connection with said prohibition to prevent said Indians from enter- ing said State. Sec. 4, Act of May 11, 1880 (21 Stat, 132). * Held tliat in the execution of process of arrest under tlie act of Marcli 3, 1SS5 (rendering Indians amenable to the criminal laws of the Territories), the military may, by direction of the President, legally be employed to aid the civil officials in such arrests, such employment being expressly authorized by section 2152, Revised Statutes. (Dig. J. A. G., 100, 0.) OH^FTER XXXIV. THE EMPLOYMENT OF MILITAKY FORCE. Par. Insurrection and invasion .... 1414-1419 Republican form of govern- ment 1414 Power of Congress over militia. 1415 Insurrection against a State 1416 Insurrection against the Gov- ernment of tlie United States . 1417 Power to suppress insurrection . 1418 Proclamation to insurgents to disperse 1419 Suspension of intercourse 1420-1441 Suspension of commercial in- tercourse 1420 In loyal States 1421 To whom prohibition shall ex- tend 1422 To what extent permitted 1423 Appointment and compensa- tion of officers 1424 Trading without a license 1425 Investigations to detect fraud. . 1426 Confiscation of property 1427 Proceedings, where had 1428 Property taken on inland waters 1429 How proceedings shall be in- stituted 1430 Prohibition upon transporta- tion of goods 1431 Prohibition upon trade in cap- tured or abandoned prop- erty 1432 Change of port of entry 1433 Removal of customhouse 1434 Enforcement of preceding sec- tion 1435 Entire district closed to entry.. 1436 Vessels in addition to revenue cutters 1437 Forfeiture of vessels 1438 Refusal of clearance 1439 Bond upon clearance 1440 Liens upon condemned vessels. 1441 Civil rights 1442-1456 92061"— 17 34 Par. Civil rights— Continued. ~ Equal rights under the law 1442 Right of citizens as to real and personal property 1443 Civil action for deprivation of right 1444 Conspiracy 1445 Action for neglect to prevent conspiracy 1446 District attorney, etc., to prose- cute 1447 Commissioners 1448 Same — power to appoint per- sons to execute warrants 1449 Marshals to obey precepts 1450 Fees 1451 Of persons appointed to exe- cute process 1452 Speedy trial 1453 Aid of the military and naval forces 1454 Peonage abolished 1455 How enforced in New Mexico.. 1456 The elective franchise 1457-1461 Presence of troops at elections . 1457 Preventing voting 1458 Attempt to fix qualification of electors 1459 Interference with an officer of election 1460 Penalty 1461 Quarantine 1462-1464 State health laws 1462 National quarantine 1463 Same 1464 Obstructing the mails 1465 Parades, etc., to have right of way. . 1466 Neutrality 1467-1475 Accepting commissiona 1467 Enlistments 1468 Fitting out vessel 1469 Augmenting force of vessel. . . . 1470 Military expedition or enter- prise 1471 529 630 MILITARY LAWS OF THE UNITED STATES. Par. Neutrality — Continued. Use of military force 1472 Same 1473 Citizens of a foreign state 1474 President empowered to issue proclamation 1475 Par. Extradition 1476 Alaska 1477 Hawaiian Islands 1478 Guano Islands 1479 Restriction upon the use of military force 1480 INSURRECTION AND INVASION. 1414. Republican form of government. — The United States shall guarantee to every State in this Union a republican form of gov- ernment, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legis- lature can not be convened), against domestic violence.^ Constitu- tion of the United States^ Article IV, section 4- 1415. Power of Congress over militia. — The Congress shall have power * * ♦ To provide for calling forth the militia to execute the laws of the Union, to suppress insurrections, and repel invasions.^ Constitution of the United States, Article /, section 8, paragraph 15. 1416. Insurrection against a State? — In case of an insurrection in any State against the government thereof, it shall be lawful for the President, on application of the legislature of such State, or of the executive, when the legislature can not be convened, to call forth such number of the militia of any other State or States, which may be ap- plied for, as he deems sufficient to suppress such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary.* Sec, 6297, R. S. * Luther v. Borden, 7 How., 1; Texas v. White, 7 Wall., 700; in re Duncan, 139 U. S., 449; Taylor et al. v. Beckham (No. 1), 178 U. S.. 548; South Carolina V. United States, 199 U. S., 437; Elder v, Colorado ex rel. Badgley, 204 U. S., 85 ; Pacific States Telephone Co. v. Oregon, 223 U. S., 118 ; Kiernan v. Portland, 223 U. S., 151. See also Winthrop, Military Law and Precedents, pp. 1347- 3349. "For enactments of Congress in pursuance of the authority above conferred see the chapter entitled The Militia. See also subsequent paragraphs of this chapter. 'This paragraph and those following to include — give Sections 5297 to 5322, inclusive, of the Revised Statutes. These sections constitute Title 49, Insur- rection, of the Revised Statutes. See Winhtrop, Military Law ynd Precedents, pp. 1349-1351. * Under article 4, section 4, of the Constitution, the Army may be employed to protect a State from " invasion " or " domestic violence " only by order of the President, made " on application of the legislature, or of the executive when the legislature can not be convened." A military commander, of whatever rank or command, can have no authority, except by the order thus made of the Presi- dent, to furnish troops to a governor or other functionary of a State, to aid him in making arrests or establishing law and order. (Dig. Opin. J. A. G., p. 99, II, A.) The proviso of the Constitution, "" when the legislature can not be convened," may be said to mean when it is not in session, or can not, by the State law, be assembled forthwith or in time to provide for the emergency. When it is in MILITARY LAWS OF THE UNITED STATES. 531 1417. Insurrection against the Government of the United States. — Whenever, by reason of unlawful obstructions, combinations, or as- semblages of persons, or rebellion against the authority of the Gov- ernment of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execu- tion thereof forcibly obstructed.^ Sec. 6298^ R. S, session, or can legally and at once be called together, it will not be lawful for the President to employ the Armv on the application merely of the governor. (Id., p. 99, II, A, 1.) Where calls are made upon the President, under section 4, article 4, of the Constitution, by two persons, each claiming to be governor of the same State, to protect the State against domestic violence, it of necessity devolves upon the President to determine, before giving the required aid, which of such persons is the lawful incumbent of the office. (XIV Opin. Att. Gen., 391 ; VII id., 8 ; Prize Cases, 2 Black, 97; Dodge v. Woolsey, 18 Howard, 373; Ex parte Milligan, 4 Wallace, 129.) A military force employed according to article 4, section 4, of the Constitu- tion, is to remain under the direction and orders of the President as Commander in Chief and his military subordinates; it can not be placed under the direct orders or exclusive disposition of the governor of the State. (Dig. Opin. J. A. G., p. 101, II, E.) In all cases of civil disorders or domestic violence it is the duty of the Army to preserve an attitude of indifference and inaction till ordered to act by the President, by the authority of the Constitution or of section 2150, 5297, or 5298, Revised Statutes, or other public statute. An officer or soldier may, indeed, in- terfere to arrest a person in the act of committing a crime, or to prevent a breach of the peace in his presence, but this he does as a citizen and not in his military capacity. Any combined effort by the military, as such, to make arrests or otherwise prevent breaches of the peace or violations of law in civil cases, except by the order of the President or the requirement of a United States official authorized to require their services on a posse comitatus, must necessarily be illegal. In a case of civil disturbance in violation of the laws of a State, a military commander can not volunteer to intervene with his command without incurring a personal responsibility for his acts. In the absence of the requisite orders he may not even march or array his command for the pur- pose of exerting a moral effect or any effect in terrorem; such a demonstration, Indeed, could only compromise the authority of the United States, while insult- ing the sovereignty of the State. (Id., p. 101, II, D.) See also Army Regulations, article 47, for instructions as to the use of the military force in support of the civil authority. * The National Government has the right to use physical force in any part of the United States to compel obedience to its laws, and to carry into execution the powers conferred upon it by the Constitution. " We hold it to be an in- controvertible principle that the Government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it." (Ex parte Siebold. 100 U. S., 371, 395; U. S. v. Neagle, 135 U. S., 1, 60; Logan v. U. S., 144 U. S., 263, 294: in re Waite, 81 Fed. Rep., 359; U. S. v. Debs, 164 U. S., 724;^ U. S. V. Cassidy, 67 Fed. Rep., 698.) An officer who, in the performance of what he conceives to be his official duties, transcends his authority, and invades private rights, is answerable therefor to the Government under whose appointment he acts, and to individuals 532- MILITAEY LAWS OF THE UNITED STATES. 1418. Poicer to suppress hisurrection. — Whenever insurrection, domestic violence, unlawful combinations, or conspiracies in any State so obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or pro- tection, named in the Constitution and secured by th© laws for the protection of §uch rights, privileges, or in^munities, and the con- stituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever a»ny such insur- rection, violence, unlawful combination or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations.^ Sec. 6299^ R. 8. 1419. Proclamation to insurgents to disperse. — A^-Tienever, in the judgment of the President, it becomes necessary to use the military forces under this title, the President shall forthwith, by proclama- tion, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time.^ Sec. 5300^ R. S. injured by his action; but where there is no criminal intent, he is not liable to answer the criminal process of another Government. (In re Lewis, 83 Fed. Rep., 159; in re Fair et al. 100, id., 149.) An officer of the Army of the United States whilst serving in the enemy's country during the rebellion was not liable to an action in tiie courts of that country for injuries resulting from his military orders or acts; nor could he be required by a civil tribunal to justify or explain thom upon any allegation of the injured party that they were not justified by military necessity. He was subject to the laws of war, and amenable only to his own Government. (Dorr V. Johnson, 100 U. S., 158; Luther v. Borden, 7 Howard, 1, 46.) As a necessary incident of the power to declare and prosecute war, the Federal Government has a right to transport troops through and over the ter- ritory of any State of the Union. (Crandall v. Nevada, 6 Wall., 35. See also XVI Opin. Att. Gen., 162; XVII id., 242, 333; XIX id., 293, and note to par. 1418, post.) * The power to enforce its laws and to execute its functions in all places does not derogate from the power of the State to execute its laws at the same time and in the same places. The one does not exclude the other except where both can not be executed at the same time. In that case the words of the Constitu- tion itself show which is to yield ; " this Constitution and the laws of the United States which shall be made in pursuance thereof; * * * shall be the supreme law of the land." Although no State could establish and maintain a permanent military govern- ment, yet it may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The State must determine for itself what degree of force the crisis demands. (Luther v. Borden, 7 How., 1. See also XVI Opin. Att. Gen., 162. (See also note 2 to par. 1416, ante.) ' See XVII Opin. Att. Gen., 333. Section 2 of the act of May 4, 1880 (21 Stat. 113), contained the requirement " that no money appropriated in this act is ap- MILITARY LAWS OF THE UNITED STATES. 533 SUSPENSION OF INTERCOURSE. 1420. Suspension of commercial intercourse. — l^Tienever the Presi- dent, in pursuance of the provisions of this Title, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any tState or States, and such claim is not disclaimed or repudiated by the per- sons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or when- ever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhab- itants of such State, or of any section or part thereof where such in- surrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue ; and all goods and chattels, wares and mer- chandise, coming from such State or s^ection into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States.^ Sec, 63G1,R,S. 1421. In loyal States. — Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dan- gerous proximity to places under their control, all commercial inter- course therein and therewith shall be subject to the prohibitions and conditions of the preceding section for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, wdth the approval of the President. Sec. 6302, R. S. 1422. To whom prohihition shall extend. — The provisions of this Title in relation to commercial intercourse shall apply to all commer- cial intercourse by and between persons residing or being within dis- propriated or shall be paid for the subsistence, equipment, transportation, or compensation of any portion of the Army of the United States to be used as a police force to keep the peace at the polls at any election held within any State: Provided, That nothing in this provision shall be construed to prevent the use of troops to protect against domestic violence in each of the States on applica- tion of the legislature thereof or of the executive when the legislature can not be convened." ' See The Reform, 2 Wall., 258; id., 3 Wall., 617; U. S. v. Weed, 5 WalL, 62; The Hampton, 5 Wall., 372; The Ouachita Cotton, 6 WaU., 521; The Venice, 2 Wall., 258 ; Cutner v. U. S., 17 Wall., 517. 534 MILITARY LAWS OF THE UNITED STATES. tricts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insur- rection and not within those lines ; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection. &ec. 6S03^ B. S. 1423. To what extent permitted. — The President may, in his dis- cretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supply- ing the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freed- men, or others employed and paid by them, pursuant to rules re- lating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to suqh monthly amounts as shall have been pre- viously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer desig- nated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest ; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury.^ Sec. 5301^., B.S. 1424. Appointment and compensation of officers. — The Secretary of the Treasury may appoint such officers at places where officers of the customs are not now authorized by law as may be needed to carry into effect such licenses, rules, and regulations. In all cases where officers of the customs, or other salaried officers, are appointed by him to carry into effect such licenses, rules, and regulations, such officer shall be entitled to receive one thousand dollars a year for his services, in addition to his salary or compensation under any other * See The Sea Lion, 5 Wall., 630 ; The Ouachita Cotton, 6 Wall., 521 ; Coppell V. Hall, 7 Wall., 542 ; McKee v. U. S., 8 Wall., 163 ; U. S. v. Lane, 8 Wall., 185. As to intercourse with occupied territory, see chapter 12, Military Government and Martial Law, Birkhimer. MILITARY LAWS OF THE UNITED STATES. 535 law. But the aggregate compensation of any such officer shall not exceed the sum of five thousand dollars in any one year. ^ec. 6305^ R.S. - 1425. Trading without license^ etc. — Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, v^ho takes or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this title, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, under any license or authority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keep- ing false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable be- fore any court, civil or military, competent to try the same. Sec, 6306, R. S. 1426. Investigations to detect frauds. — It shall be the duty of the Secretary of the Treasury, from time to time, to institute such inves- tigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath. Sec. 6307, E. S. 1427. Confiscation of property employed in aid of insuro'ection. — Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclama- tion that the laws of the United States are opposed, and the execu- tion thereof obstructed, by combinations too powerful to be sup- pressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attor- ney, or employe, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the 536 MILITARY LAWS OF THE UNITED STATES, same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein ; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wher- ever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned.^ Sec. S308, R. S. 1428. Proceedings, where had. — Such prizes and capture shall be condemned in the district or circuit court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same [may] be seized, or into which they may be taken and pro- ceedings first instituted. Sec. 6309^ R, S. 1429. Property taken on inland waters. — No property seized or taken upon any of the inland waters of the United States by the naval forces thereof shall be regarded as maritime prize; but all property so seized or taken shall be promptly delivered to the proper officers of the courts. Sec. 6310, R. S. 1430. How proceedings shall he instituted. — The Attorney-General, or the attorney of the United States for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.^ jSec. 6311, R. S. 1431. Prohibition upon transportation of goods to aid insurrec- tion. — The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turn- pike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to be- lieve that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is fur- ther authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this sec- ^ See Mrs. Alexander's Cotton, 2 Wall., 404 ; Union Ins. Co. v. U. S., 6 Wall., 759; Armstrong's Foundry, 6 Wall., 766; Morris's Cotton, 8 Wall., 507; U. S. v. ■ Shares of Capital Stock, 5 Blatch., 231. ^ See Francis v. U. S., 5 Wall., 338 ; Confiscation Cases, 7 Wall., 454 ; Miller v. U. S., n Wall., 268; Tyler v. Defrees, 11 Wall., 331. MILITARY LAWS OF THE UNITED STATES. 537 tion; and if any property is transported in violation of this act, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to trans- port any, it shall be forfeited.^ Sec. 5312^ R, 8. 1432. Prohibition upon trade in captured or abandoned property. — All persons in the military or naval service of the United States are prohibited from buying or selling, trading, or in any way deal- ing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or, advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his pos- session or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this Title, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than five thousand dollars, and imprisoned in the panitentiary not more than three years. Violations of this section shall be cognizable be- fore any court, civil or military, competent to try the same. Sec, 5313, R.S. 1433. Change of port of entry in case of insurrection. — Whenever, the President shall deem it impracticable, by reason of unlawful com- binations of persons in opposition to the laws of the United States, to collect the duties on imports in the ordinary way, at any port of entry in any collection district, he may cause such duties to be col- lected at any port of delivery in the district until such obstruction ceases; in such case the surveyor at such port of delivery shall have the powers and be subject to all the obligations of a collector at a port of entry. The Secretary of the Treasury, with the approval of the President, shall also appoint such weighers, gangers, measurers, inspectors, appraisers, and clerks as he may deem necessary, for the faithful execution of the revenue laws at such port of delivery, and shall establish the limits within which such port of delivery is con- stituted a port of entry. And all the provisions of law regulating the issue of marine papers, the coasting trade, the warehousing of imports, and the collection of duties, shall apply to the ports of entry thus constituted, in the same manner as they do to ports of entry established by law. Sec. S314, R. S, 1434. Removal of custom-house. — Whenever, at any port of entry, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, or by the course provided in the pre- ceding section, by reason of the cause mentioned therein, he may * See Gay's Gold, 13 Wall., 358. 538 MILITARY LAWS OF THE UNITED STATES. direct that the custom-house for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast ; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstruc- tions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest ; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable. Sec. 6315^ R. S. 1435. Enforcement of preceding sections. — It shall be unlawful to take any vessel or cargo detained under the preceding section from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt other- wise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof. Sec. 5316, R. S. 1436. Entire district closed to ^niJr^/.— Whenever, in any collection district, the duties on imports can not, in the judgment of the Presi- dent, be collected in the ordinary way, nor in the manner provided by the three preceding sections, by reason of the cause mentioned in sec- tion fifty-three hundred and fourteen [Rev. Stat.],^ the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstruc- tions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited. Sec. 6317, R. S. * Paragraph 1433, ante. MILITAKY LAWS OF THE UNITED STATES. 639 1437. Vessels in addUion to revenue cutters may he employed. — In the execution of laws providing for the collection of duties on imports and tonnage, the President, in addition to the revenue cutters in serv- ice, may employ in aid thereof such other suitable vessels as may, in his judgment, be required. Sec, 6318^ R. S, 1438. Forfeiture of vessels belonging to citizens of insurrectionary States. — From and after fifteen days after the issuing of the procla- mation, as provided in section fifty-three hundred and one [Rev. Stat.],^ any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited.^ Sec. 6319, R, S. 1439. Refusal of clearance to vessels laden with suspected mer- chandise. — The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satis- factory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. Sec. 5320, R. S. 1440. Bond upon clearance. — Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it neces- sary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrec- tion against the authority of the United States. Sec. 6321, R. S. 1441. Liens upon co7idemned vessels. — In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemna- tion, and before awarding such vessel, or other property, or the pro- ceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and * Paragraph 1420, ante. * The Schooner Keeling, Blatch Pr. Cas., 92. 640* MILITARY LAWS OF THE UNITED STATES. amity with the United States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such vessel, or other property, under the laws of the United States or any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly par- ticipated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose.* Sec. 5322, E. S. CIVIL RIGHTS. 1442. Equal rights under the law. — All -persons within the juris- diction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the fiidl and equal benefit of all laws and pro- ceedings for the security OT^ersons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penal- ties, taxes, licenses, and exactions of every kind, and to no other. Sec. 1977, R. S. 1443. Rights of citizens in respect to real and personal property. — All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Sec. 1978, R. S. 1444. Civil action for deprivation of rights. — Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territoiy, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in eouity, or other proper proceeding for redress. Sec. 1979, R. S. 1445. Conspiracy. — First. If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confi- dence under the United States, or from discharging any duties thereof ; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties ; ' The Hanjpton, 5 Wall., 372. MILITARY LAWS OF THE UNITED STATES. 541 Second. If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truth- fully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, ob- structing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws; Third. If two or more persons in any State or Territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of pre- venting or hindering the constituted authorities of any State or Ter- ritory from giving or securing to all persons within such State or Territory the equal protection of the laws ; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice-President, or as a member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages, occasioned by such injury or deprivation, against any one or more of the conspirators. Sec. 1980, R. S. 1446. Action for neglect to prevent conspiracy. — Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the preceding section, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be com- mitted, shall be liable to the party injured or his legal representa- 542 MILITARY LAWS OF THE UNITED STATES. tives, for all damages caused by such wrongful act, which such per- son by reasonable diligence could have prevented; and such dam- ages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action ; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding five thousand dollars damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued. Sec, .1981^ R. S. 1447. District attorney^ etc.^ to prosecute. — The district attorneys, marshals, and deputy marshals, the commisioners appointed by the circuit find territorial courts, with power to arrest, imprison, or bail offenders, and every other officer who is especially empowered by the President, are authorized and required, at the expense of the United States, to institute prosecutions against all persons violating any of the provisions of chapter seven of the Title " Crimes," and to cause such persons to be arrested, and imprisoned or bailed, for trial before the court of the United States or the Territorial court having cognizance of the offense. Sec. 1982, R. S. 1448. Commissioners. — The circuit courts of the United States and the district courts of the Territories, from time to time, shall in- crease the number of commissioners, so as to afford a speedy and con- venient means for the arrest and examination of persons charged with the crimes referred to in the preceding section; and such com- missioners are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Sec. 1983, R. S. 1449. Same — Appoint persons to execute warrants, etc. — The com- missioners authorized to be appointed by the preceding section are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warants or other process as the commis- sioners may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State of Territory within which they are issued. Sec, 198Jf, R, S. MILITAKY LAWS OF THE UNITED STATES. 643 1450. Marshal to obey precepts^ etc. — Every marhsal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions hereof. Sec. 1986^ R. S, 1451. Fees of district attorney^ etc. — The district attorneys, mar- shals, their deputies, and the clerks of the courts of the United States and Territorial courts shall be paid for their services, in cases under the foregoing provisions, the same fees as are allowed to~them for like services in other cases ; and where the proceedings are before a commissioner he shall be entitled to a fee of ten dollars for his services in each case, inclusive of all services incident to the arrest and examination. Sec. 1986, R. S, 1452. Of persons appointed to execute process, etc. — Every person appointed to execute process under section nineteen hundred and eighty-four [Eev. Stat.]^ shall be entitled to a fee of five dollars for each party he may arrest and take before the commissioner, with such other fees as may be deemed reasonable by the commissioner for any additional services necessarily performed by him, such as attending at the examination, keeping the prisoner in custody, and providing him with food and lodging during his detention, and until the final determination of the commissioner; such fees to be made up in con- formity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be prac- ticable, and paid out of the Treasury of the United States on the cer- tificate of the judge of the district within which the arrest is made, and to be recoverable from the defendant as part of the judgment in case of conviction. Sec. 1987, R. S. 1453. Speedy trial. — Whenever the President has reason to believe that offenses have been or are likely to be committed against the pro- visions of chapter seven of the Title Crimes, within any judicial dis- trict, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney of such district to attend at such place within the district, and for such time, as he may designate, for the purpose of the more speedy arrest and trial of persons so charged, and it shall be^ the duty of every judge or other officer, when any such requisition is received by him, to attend at the place and for the time therein designated. Sec. 1988, R. S. 1454. Aid of the military and naval forces. — It shall be lawful for the President of the United States, or such person as he may em- power for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the pre- ceding provisions, or as shall be necessary to prevent the violation * Paragraph 1449, ante. 544 MILITARY LAWS OF THE UNITED STATES. and enforce the due execution of the provisions of this Title.^ Sec. 1989, R, S. 1465. Peonage abolished. — The holding of any person to service or labor under the system known as peonage is abolished and forever prohibited in the Territory of New Mexico, or in any other Terri- tory or State of the United States; and all acts, laws, resolutions, orders, regulations, or usages of the Territory of New Mexico, or of any other Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish, maintain, or enforce, directly or indi- rectly, the voluntary or involuntary service or labor of any persons as peons, in liquidation of any debt or obligation, or otherwise, are declared null and void. Sec. 1990, R. S. 1456. Foregoing section, how enforced. — Every person in. the mili- tary or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section.^ Sec. 1991, R. S. THE ELECTIVE FRANCHISE. 1457. Presence of troops at election. — Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than five thousand dollars and imprisoned not more than five years. Sec. 22, Act of Mar. i, 1909, Criminal Code {35 Stat. 1092). (This paragraph is practically identical with section 5528 of the Revised Statutes, which is repealed.) 1458. Preventing voting. — Every officer or other person in the military or naval service of the United States v/ho, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State shall be fined not more than five thousand dollars and imprisoned not more than five years. Sec. 23, id. (This paragraph is practically identical with section 5529 of the Revised Statutes, which is repealed.) 1459. Attempt to fix qualification of electors. — Every officer of the army or navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of ^ This power is not repealed or abridged by the posse comitatu^ act (act of June 18, 1878, 20 Stat. 152). (19 Opin. Att. Gen., 570.) "Whether this section has been repealed by the enabling act under which New Mexico became a State has not been decided. MILITARY LAWS OF THE UNITED STATES. 645 voters at any election in any State shall be punished as provided in the preceding section. Sec, ^4, id. (This is a reenactment of section 5530 of the Revised Statutes. For the preceding section referred to in this paragraph see paragraph 1458. 1460. Interference with an officer of election. — Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, or otherwise, compels, or attempts to compel, any officer holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an elec- tion in the discharge of his duty, shall be punished as provided in section twenty-three. Sec. ^5, id.^ 1093. (This paragraph is practically identical with section 5531 of the Revised Statutes, which is repealed. For section 23, referred to in this paragraph, see paragraph 1458.) 1461. Penalty. — Every person convicted of any offense defined in the four preceding sections shall, in addition to the punishment therein prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing therein shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. Sec. 26, id, (This paragraph is practically identical with section 5532 of the Revised Statutes, which is repealed.) QUARANTINE. 1462. State health laws to he observed hy United States officers^ etc. — The quarantines and other restraints established by the health laws of any State respecting any vessels arriving in or bound to any port or district thereof shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue cutters, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quar- antines and health laws according to their respective powers and within their respective precincts, and as they shall be directed from time to time by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress.^ Sec. 1^792, R. S. * See Gibbons v. Ogden, 9 Wh., 1 j Passenger Cases, 7 How., 406. 92061°— 17 35 546 MILITARY LAWS OF THE UNITED STATES. 1463. National quarantine. — The Secretary of the Treasury shall have the control, direction, and management of all quarantine sta- tions, grounds, and anchorages established by authority of the United States, and as soon as practicable after the approval of this Act shall select and designate such suitable places for them and establish the same at such points on or near the coast line of the United States or the border of the United States and a foreign country, as in his judgment are best suited for the same and neces- sary to prevent the introduction of yellow fever into the United States, and, in his discretion, he may also establish at the group of islands known as the Dry Tortugas, at the western end of the Florida reef, and at such other point or points on or near the coast line of the United States (not to exceed four in the aggregate) as he deems necessary, quarantine grounds, stations, and anchorages, whereat or whereto infected vessels bound for any port in the United States may be detained or sent for the purpose of being disinfected, having their cargoes disinfected and discharged, if necessary, and their sick treated in hospitals until all danger of infection or contagion from such vessels, their cargoes, passengers, or crews has been removed. Sec. 1, Act of June 19, 1906 {3i Stat. 299) . 1464. Same. — Any vessel, or any officer of any vessel, or other person other than State health or quarantine officers, entering within the limits of any quarantine grounds and anchorages, or any quar- antine station and anchorage, or departing therefrom, in disregard of the quarantine rules and regulations or without the permission of the officer in charge of such quarantine ground and anchorage, or of such quarantine station and anchorage, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or both, in the discretion of the court. That any master or owner of any vessel violating any provision of this Act, or any provision of an Act entitled "An Act granting additional powers and imposing additional duties on the Marine-Hospital Serv- ice," approved February fifteenth, eighteen hundred and ninety- three, or violating any rule or regulation made in accordance with this Act or said Act of February fifteenth, eighteen hundred and ninety-three, relating to the inspection of vessels, or to the preven- tion of the introduction of contagious or infectious diseases into the United States, or any master, owner, or agent of any vessel making a false statement relative to the sanitary condition of such vessel or its contents, or as to the health of any passenger or person thereon shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or both, in the discretion of the court. Sec. ^, id.., 300, MILITARY LAWS OF THE UNITED STATES. 547 1465. Ohstructing the mails. — Whoever shall knowingly and will- fully obstruct or retard the passage of the mail, or any carriage, horse, driver, or carrier, or car, steamboat, or other conveyance or vessel carr3dng the same, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both.^ Sec, 201^ Act of Mar, 4,1909, Criminal Code {35 Stat. 1127). (This paragraph is founded on section 3995 of the Revised Statutes, which is repealed. ) 1466. Parades, etc., to have right of way. — The United States forces or troops, or any portion of the militia, parading, or performing any duty according to law, shall have the right of way in any street or highway through which they may pass : Provided, That the carriage of the United States mails, the legitimate functions of the police, and the progress and operations of fire-engines and fire departments shall not be interfered with thereby. Sec. 60^ Act of Feb. 18, 1909 {35 Stat. 634). (As the above appears in an act having relation to the National Guard of the District of Columbia it may be inferred that the streets, etc., mentioned are those of the said District) NEUTRALITY. 1467. Accepting Commission. — Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exer- cises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years.^ Sec. 9, Act of Mar. 4, 1909, Criminal Code {35 Stat. 1089) . (This paragraph is practically identical with section 5281 of the Revised Statutes, which is repealed.) * The entire strength of the nation may be used to enforce, in any part of the land, the full and free exercise of all national powers and the security of all rights intrusted by the Constitution to its care. The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails. If the emergency arise, the Army of the nation and all its militia are at the service of the nation to compel obedience to its laws. (In re Debs, 158 U. S.. 564, 582; in re Neagle, 135 U. S., 1 ; ex parte Siebold, 100 U. S., 371, 395 ; U. S. v. Kirby, 7 Wall.. 482. See AVinthrop, Military I.aw and Precedents, p. 1355, note 3.) ' The neutrality act has been uniformly treated, by the Executive Depart- ments and by judges of the United States courts, as embracing warlike enter- prises set on foot in this country against a friendly power at peace with all the world. (U. S. V. Sullivan, 9 N. Y. Leg. Obs., 257.) Neutrality, strictly speaking, consists in abstinence from any participation in a public, private, or civil war, and in impartiality of conduct toward both parties; but the maintenance unbroken of peaceful relations between two powers when the domestic peace of one of them is disturbed is not neutrality in the sense in which the word is used when the disturbance has acquired such head as to have demanded the recognition of belligerency; and, as mere matter of municipal administration, no nation can permit unauthorized acts of war 648 MILITARY LAWS OF THE UNITED STATES. 1468. Enlistments. — Whoever, within the territory or jurisdiction of the United States, enlists, or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be fined not more than one thousand dollars and imprisoned not more than three years. ^ Sec. 10^ id. (This paragraph is founded on section 5282 of the Revised Statutes, which is repealed.) 1469. Fitting out vessel. — Whoever, within the territory or juris- diction of the United States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or whoever issues or delivers a commission within the territory or jurisdiction of the United States within its territory in infraction of its sovereignty, while good faith toward friendly nations requires their prevention. (The Three Frends, 166 U. S., 1.) The organization, in one country or State, of combinations to aid or abet rebellion in another, or in any other way to act on its political institutions, is a violation of national amity and comity, and an act of semihostile interference with the affairs of other peoples. * * * But there is no municipal law to forbid and punish such combinations, either in the United States or Great Britain. (VIII Opin. Att Gen., 216.) The policy of this country is, and ever has been, a perfect neutrality and non- interference in the quarrels of other nations. (Ill Opin. Att. Gen., 739.) The act of April 30, 1818, like that of June 5, 1794, was intended to secure, beyond all risk of violation, the neutrality and pacific policy which they con- secrate as our fundamental law. (Id., 741.) In the absence of express authority from Congress, an officer of the Army can not accept remuneration from a foreign power, in return for military or other public service rendered, without a violation of Aticle I, section 9, para- graph 7, of the Constitution. ( See U. S. v. Landers, 2 Otto., 79 ; XIII Opin. Att. Gen., 199.) Nor can such an officer (in the absence of such authority) properly be granted a leave of absence for the purpose of rendering foreign service, even without compensation, since such a proceeding would be contrary to the spirit and intent of the laws relating to the Army, which clearly contemplate that the services of its officers shall be rendered to the United States. (Dig. Opin. J. A. G., 79-1 C 3.) ^ The enlistment of seamen or others for marine service on Mexican steamers in New York, they not being Mexicans transiently within the United States, is a clear violation of this section, and the persons enlisted, as well as the officers enlisting them, are liable to the penalties thereby incurred. (IV Opin. Att. Gen., 336.) This section applies to foreign consuls raising troops in the United States for the military service of Great Britain. (VII id., 367.) It does not apply to those who go abroad for foreign enlistment, or to those who transport such persons. (U. S. v. Kazinski, 2 Sprague, 7.) The enlistment must be made within the territory of the United States, and the section does not apply to one who goes abroad with intent there to enlist. (Id.) The words "soldier" and " enlist " as used in this section are to be understood in their technical sense. (Id.; U. S. V. O'Brien, 75 Fed. Rep., 900.) MILITARY LAWS OF THE UNITED STATES. 549 for any vessel, to the intent that she may be so employed, shall be fined not more than ten thousand dollars and imprisoned not more than three years. And every such vessel, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer and the other half to the use of the United States.^ Sec. 11^ id., 1090. (This paragraph is founded on section 5283 of the Revised Statutes, which is repealed.) ^ To constitute an offense under this section, the vessel must be fitted out and armed with the specific intent. (U. S. v. Skinner, 1 Brun. Coll. Cases.) It is not necessary that the vessel should be armed or manned for the purpose of committing hostilities before she leaves the United States, if it is the intention that she shall be so fitted subsequently (The City of Mexico, 28 Fed. Rep., 148), or if the separate parts of the expedition are to be united on the high seas. (U. S. V. The Mary N. Hogan, 18 Fed. Rep., 529, and 20 id., 50; The Carondelet, 37 Fed. Rep., 799; The Lancaster, 85 id., 760; U. S. v. Quincy, 6 Peters, 445.) The status of the insurgent party will be regarded by the courts as it is re- garded by the political or executive departments of the United States at the time of the commission of the alleged offense. (Gelston v. Hoyt, 3 Wheat., 246, 324 ; U. S. V. Palmer, id., 610, 625 ; Kennett v. Chambers, 14 How., 38 ; Wharton, Int. Law Dig., sees. 551, 552 ; U. S. v. Trumbull, 48 Fed. Rep., 99, 104.) The word •* people," as used in this section, is " one of the denominations applied by the act of Congress to a foreign power." (U. S. v. Quincy, 6 Pet, 445.) I know of DO law or regulation which forbids any person, or government, whether the political designation be real or assumed, from purchasing arms from the citizens of the United States and shipping them at the risk of the purchaser. (X Opin. Att. Gen., 452.) The sending of munitions of war from a neutral country to a belligerent port for sale, as articles of commerce, is un- lawful only as subjecting such property to capture. (The Santissima Trinidad, 7 Wheat., 283; The City of Mexico, 24 Fed. Rep., 924.) It is the right of a belligerent to purchase goods and instruments of war in a neutral nation, but it may be denied by a law passed for such purpose. (X Opin. Att. Gen., 61.) The provisions of this section do not apply to a vessel which receives arms and munition of war in this country, as cargo merely, with intent to carry them to a party of insurgents in a foreign country, but not with the intent that they shall constitute any part of the fittings or furnishings of the vessel herself. (U. S. v. The Itata, 56 Fed. Rep., 508, U. S. v. 2,000 Cases of Rifles, id.) A vessel is not liable to forfeiture under this section, nor is she liable to con- demnation as piratical, on the ground that she is in the employ of an insurgent party which has not been recognized by the United States as having belligerent rights. (U. S. V. The Itata, 56 Fed. Rep., 508; U. S. v. Weed, 5 Wall., 62; The Watchful, 6 Wall., 91.) In the case of the Horsa, Wiborg v. U. S., 163 U. S., 632, decided on appeal in the Supreme Court of the United States on May 25, 1896, it was held " that any combination of men organized to go to Cuba to make war upon its gov- ernment, provided with arms and ammunition, constitutes a military expedi- tion. It is not necessary that the men shall be drilled, put in uniform, or prepared for efficient service, nor that they shall have been organized as or according to the tactics or rules which relate to what is known as infantry, cavalry, or artillery. It is sufficient that they shall have combined and or- ganized here to go there and make war on a foreign government, and to have provided themselves with the means of doing so. Whether such provision, as by arming, etc., is necessary need not to be decided in this case. Nor is it im- portant that they intended to make war as an independent body or in con- nection with others. Where men go without such combination and organization to enlist as individuals in a foreign army, they do not constitute such military expedition, and the fact that the vessel carrying them might carry arms as merchandise would not be important." (See also The Estrella, 4 Wh.. 298; The Gran Para, 7 Wh., 471 ; The Santa Maria, 7 Wh., 490 ; The Monte Allegre, 7 Wh., 520 ; U. S. v. Reyburn, 6 Pet., 352 ; U. S. v. Quincy, 6 Pet, 445 ; Wiborg V. U. S., 163, U. S., 632) 650 MILITARY LAWS OF THE UNITED STATES. 1470. Augmenting the force of a vessel. — Whoever, within the ter- ritory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district or peo- ple, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any for- eign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to w ar, shall be fined not more than one thousand dollars and im- prisoned not more than one year.^ Sec. 12, id. (This paragraph is founded on section 5285 of the Revised Statutes, which Is repealed.) 1471. Military expedition or enterprise. — Whoever, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried on from thence against the territory or do- minions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be fined not more than three thousand dollars and imprisoned not more than three years.^ Sec. IS, id. (This paragraph is founded on section 5286 of the Revised Statutes, which is repealed.) 1472. Use of the military force. — The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other ^The repair of Mexican war steamers in the port of New York, togetlier with the augmenting their force by adding to the number of their guns, or by chang- ing those originally on board for those of larger caliber, or by the addition of any equipment solely applicable to war, is a violation of this section. But the repair of their bottoms or copper, etc., does not constitute any increase or aug- mentation of force within the meaning of the act, and the steamers are not liable to seizure by any judicial process under it. (IV Opin. Att. Gen., 336.) The taking on of a crew of American citizens, or of aliens domiciled in the United States would constitute a violation of this section. (The Alerta, 9 Cranch, 359.) 'When a party of insurgents, already organized and carrying on war against the government of a foreign country, send a vessel to procure arms and ammuni- tion in the United States, the act of purchasing such arms and ammunition and placing them aboard the vessel is not within the scope of this section, which prescribes a penalty for every person who, within the limits of the United States, begins or sets on foot, or prepares or provides the means for any military expedition or enterprise " to be carried on from thence." Such expeditions and enterprises must originate within the jurisdiction of the United States, and the MILITARY LAWS OF THE UNITED STATES. 551 armed vessel is increased or augmented, or in which any military ex- pedition or enterprise is begun or set on foot, contrary to the pro- visions and prohibitions of this chapter ; and in every case of the cap- ture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process is- suing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to enforce the execution of the prohibitions and pen- alties of this chapter, and the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.^ Sec, H^ id. (This paragraph is the same as section 5287 of the Revised Statutes, as amended by the act of February IS, 1875 (18 Stat. 320), which is repealed.) 1473. Same. — It shall be, lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States. Sec. 15, id., 1091. (This paragraph is founded on section 5288 of the Revised Statutes, which is repealed. ) terms of the statute do not apply to an expedition originating within the terri- tory of a foreign state. (U. S. v. Trumbull, 48 Fed. Rep., 99. For liability of the officers of the ship, see U. S. v. Rand, 17 id., 142. See, also, Wiborg v. U. S., 163 U. S., 632 ; U. S. v. Ybanez, 53 Fed. Rep., 536 ; U. S. v. Pena, 69 id., 983 ; U. S. V. Hughes, 70 id., 972 ; U. S. v. Hart, 74 id., 724 ; U. S. v. Nunez, 82 id., 599; U. S. v. Murphy, 84 id., 609. Dig. J. A. G., p. 105, la.) The transportation of goods for commercial purposes only, and the carriage of persons separately, though their individual design may be to enlist in a for- eign strife, are not prohibited by our law, if the transportation is without any features of a military character. Indications of a military operation or of a military expedition are concert and unity of action, organization of men to act together, the presence of weapons, and some form of command or leadership. When these exist and are known to the persons engaged in the transportation, all who knowingly aid in such transportation for military purposes are liable under section 5286 of the Revised Statutes. U. S. v. Nunez et al., 82 Fed. Rep., 599. ) ^Ex parte Orozco, 210 Fed. Rep., 106; United States v. Chavez, 199 Fed. Rep., 518: 228 U. S., 525. 552 MILITARY LAWS OF THE UNITED STATES. , 1474. Citizens of a foreign State. — The provisions of this chapter shall not be construed to extend to any subject or citizen of any for- eign prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such for- eign prince, state, colony, district, or people. Nor shall they be con- strued to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States. Sec. 18, id. (This paragraph is founded on section 5291 of the Revised Statutes, which is repealed. ) 1475. President empowered to issue proclamation. — That the joint resolution to prohibit the export of coal or other material used in war from any seaport of the United States, approved April twenty- second, eighteen hundred and ninety-eight, be, and hereby is, amended to read as follows: That whenever the President shall find that in any American coun- try conditions of domestic violence exist which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under such limitations and exceptions as the President shall prescribe any arms or mimitions of war from any place in the United States to such country until otherwise ordered by the President or of Congress. Sec. 2. That any shipment of material hereby declared unlawful after such a . proclamation shall be punishable by fine not exceeding ten thousand dollars, or imprisonment not exceeding two years, or both. Joint Resolution No. 10 of March H, 1912 {37 Stat. 630).^ * Under this authority the President issued the following proclamation : Whereas, a joint resolution of Congress, approved March 14. 1912, reads and provides as follows : " That whenever the President shall find that in any American country conditions of domestic violence which are promoted by the use of arms or munitions of war procured from the United States, and shall make proclamation thereof, it shall be unlawful to export except under such limitations and exceptions as the President shall prescribe any arms or muni- tions of war from any place in the United States to such country until otherwise ordered by the President or by Congress." And whereas, it is provided by section 2 of the said joint resolution, ** That any shipment of material hereby declared unlawful after such a proclamation shall be punishable by fine not exceeding $10,000, or imprisonment not exceeding two years or both " : Now, therefore, I, William Howard Taft, President of the United States of America, acting under and by virtue of the authority conferred in me by the said joint resolution of Congress, do hereby declare and proclaim that I have MILITARY LAWS OF THE UNITED STATES. 653 1476. Extradition. — Whenever any person is delivered by any for- eign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ sucJi portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protec- tion of the accused.^ Sec. 6275^ R. S. 1477. Alaska. — An act entitled "An act to define and punish crimes in the District of Alaska, and to provide a code of criminal pro- cedure for the District," approved March third, eighteen hundred and ninety-nine, be, and is, amended, by adding to section three hun- dred and sixty-three thereof the following : " Provided^ [That] sec- tion fifteen [forbidding use of Army as posse comitatus] of an act entitled 'An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes,' approved June eighteenth, eighteen hundred and seventy- eight, shall not be construed to apply to the District of Alaska." Sec. 29, Act of June 6, 1900 {SI Stat. 330). found tliat there exist in Mexico such conditions of domestic violence promoted by the use of arms or munitions of war procured from the United States as contemplated by the said joint resolution ; and I do hereby admonish all citizens of the United States and every person to abstain from every violation of the provisions of the joint resolution above set forth, hereby made applicable to Mexico, and I do here'by warn them that all violations of such provisions will be rigorously prosecuted. And I do hereby enjoin upon all officers of the United States, charged wMth the execution of the laws thereof, the utmost dili- gence in preventing violations of the said joint resolution and this my procla- mation issued thereunder, and in bringing to trial and punishment any offenders against the same. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. The President signed this proclamation March 14, 1912, and it was published April 12, 1912. A proclamation by the President dated February 3, 1914 (38 Stat. — ), re- voked the prohibition against the exportation of arms, etc. ; and, omitting the preamble, was in the following form : "Now, therefore, I, Woodrow Wilson, President of the United States of America, hereby declare and proclaim that, as the conditions on which the proclamation of March 14, 1912, was based have essentially changed, and as it is desirable to place the United .States with reference to the exportation of arms or munitions of war to Mexico in the same position as other powers, the said proclamation is hereby revoked." United States v. Chavez, 199 Fed. Rep., 518 ; reversed, 228 U. S., 525. ^ For the general laws relating to extradition see sections 5270 to 52S0, in- clusive, Revised Statutes. As to a country under our military control see not of June 6, 1900 (31 Stat. 6.56) ; and as to the Philippine Islands see act of February 9, 1903 (32 Stat. 806), and act of February 6, 1905 (33 Stat. 698). 654 MILITARY LAWS OF THE UNITED STATES. 1478. Enforcement of law in the Hawaiian Islands. — That the governor shall be responsible for the faithful execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless viohiuce, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory, or any part thereof, under nrartial law until communication can be had with the President and his de- cision thereon made known. Sec, 67, Act of Apr. SO., 19G0 {SI Stat. 15S). 1479. Employment of land and naval forces. — The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or his widow, heir, executor, administrator, or assigns. Sec. 6577, R. S, (This has reference to guano islands. For general legislation covering the subject of guano islands see sections 5570 to 5578, Revised Statutes and the act of March 15, 1878 (20 Stat. 30), and the act of April 14, 1884 (23 Stat. 11).) 1480. Restriction upon the use of military force. — From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized ^ by the Constitution or by act of Congress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any 'troops in violation of this section and any person wilfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten thousand dollars or imprison- ment not exceeding two years or by both such fine^ and iniprison- ment.2 Sec. 16, Act of June 18, 1878 {20 Stat, 162) . ^ As to cases where this authorization has l>een expressed see preceding paragraphs of this chapter ; also article 41), Army Ilegulations, 1913. .^See Dig. Op. J. A. G., pp. 101-103; Winthrop Military Law and I'recedeuts, pp. 1352-1356. CH^FTER XXXV. PENSION LAWS. Par. Pension laws 1481-1495 Pensions for disabilities 1481 Same — classes of beneficiaries. . 1482 Wounds or disease ; line of duty . 1483 Rates of pensions 1484 Pension according to rank 1485 Permanent specific disabilities. 1486 Loss of one hand and one foot. . 1487 Loss of arm or leg 1488 Loss of hand or foot, etc 1489 Incapacity requiring constant attendance 1490 Same — requiring frequent at- tendance 1491 Division of $18 rate 1492 Par. Pension laws — Continued. Not allowed while in Army or Navy 1493 Absentees 1494 Period of service 1495 Widows, children, and dependent relatives 1496-1501 Widows or children 1496 Addition foreachchild under 16 . 1497 Increase of pensions 1498 Restriction as to time of mar- riage 1499 Dependent relatives 1500 Remarriage of widow, or de- pendent mother or sister 1501 PENSION laws/ 1481. Pensions for disahilities. — Every person specified in the sev- eral classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regula- tions as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases ; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall com- mence as hereinafter provided, and continue during the existence of the disability.^ Sec, 1^692, B. S. *Tliis chapter is not intended to give a full statement of the pension laws, but only so much thereof as will show the general policy of the Government in regard to pensions and furnish the information necessary to enable oflBcers to answer the questions lil^ely to arise in the service. For a full statement of the law on the subject, reference is made to the publication of the Pension Bureau, " Laws of the United States governing the granting of Army and Navy pensions and bounty lands," etc. 'The act of March 3, 1885 (23 Stat. 362), contains the requirements that "all applicants for pension shall be presumed to have had no disability at the time of enlistment, but such presumption may be rebutted." 555 556 MILITARY LAWS OF THE UNITED STATES. 1482. &aine — Classes of 'beneficiaries. — The persons entitled as beneficiaries under the preceding section are as follows: First. Any officer of the Army, including regulars, volunteers, and militia, or any officer in the Navy or Marine Corps, or any en- listed man, however employed, in the military or naval service of the United States, or in its Marine Corps, whether regularly mus- tered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gunboat or w^ar vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of dut}^, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement wdth rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or non- enlisted person, on account of disablity from wounds, or injury received in battle with rebels or Indians, while temporarily render- ing service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy- four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enrolling officer disabled, by reason of any wound or injury received in the discharge of his duty, to procure a subsistence by manual labor. Sec. If693, R. S. 1483. Wounds or disease; line of duty. — No person shall be entitled to a pension by reason of wounds or injury received or disease con- tracted in the service of the United States subsequent to the twenty- seventh day of July, eighteen hundred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty, and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garri- son, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at MILITARY LAWS OF THE UNITED STATES. 557 sea or in harbor, actually in commission, or was at some naval sta- tion, or on his way, by direction of competent authority, to the United States or to some other vessel or naval station or hospital. Sec. i69i, R, S. 1484. Bates of pe^isions. — The pension for total disability shall be as follows, namely : For lieutenant-colonel and all officers of higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieuten- ant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month ; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract sur- geon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officer commanding vessels, second and third assistant engineers, master's mate, and all warrant officers in the naval service, ten dollars per month ; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gunboats and war vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service.^ Sec. 469S, R. S. 1485. Pension according to rank. — Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the preceding section for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or Presidential appointment, regu- larly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank: Provided^ That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty, and that he did not willfully neglect or refuse to be mustered. Sec. 4^96, R. S. *By section 4692, Rev. Stat, (paragraph 1481, ante), an inferior disability shall be rated in proportion to that for total disability. 558 MILITARY LAWS OF THE UNITED STATES. 1486. Permanent specific disabilities. — From and after June fourth, eighteen hundred and seventy-two, all persons entitled by law to a less pension than hereinafter specified, who, while in the military or naval service of the United States, and in line of duty, shall hav^ lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally disabled in the same, or otherw^ise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the regular personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month ; ^ and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall be entitled to a pension of twenty-four dollars per month ; and all persons who, under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to per- form manual labor equivalent to the loss bt a hand or foot, shall be entitled to a pension of eighteen dollars per month : ^ Provided, That all persons who, under like circumstances, have lost a leg above the knee, and in consequence thereof are so disabled that they can not use artificial limbs, shall be rated in the second class and receive twenty- four dollars per month from and after June fourth, eighteen hundred and seventy-two ; ^ and all persons who, under like circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date : * Provided, That the pension for a disability therein mentioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision. Sec. Jf.698 R. S, ^Increased to fifty dollars by the act of June 18, 1874 (18 Stat. 78), and to seventy-two dollars by the act of June 17, 1878 (20 id., 144), and June 16, 1880 (21 Id., 281), and to one hundred dollars in certain cases (loss of both hands) by the act of February 12, 1889 (25 id., 659). By act of March 3, 1879 (20 Stat. 484), the provision is made to embrace those "who have become totally blind from causes occurring in the service"; and by act of April 8, 1904 (33 Stat. 163), the rate for loss of both eyes or t©tal blindness "from causes occurring in the service " is fixed at one hundred dollars per month. * Increased by the act of February 28, 1877 (19 Stat. 264), and to twenty-four and thirty dollars per month by the act of March 3, 1883 (22 id., 453), and to thirty-six and forty-five dollars per month by the act of August 4, 1886 (24 id., 220), paragraphs 1487, 1488, and 1489, post. 'By act of March 3, 1879 (20 Stat. 483) the pension authorized "for amputa- tion of either leg at the hip joint" is thirty-seven dollars and fifty cents per month. * Increased to thirty dollars by the act of August 27, 1888 (25 Stat. 449), which act further authorized " such proportion thereof in cases of partial deaf- ness as the Secretary of the Interior may deem equitable; the amount paid to be determined by the degree of disability existing in each case." MILITARY LAWS OF THE UNITED STATES. 559 1487. Loss of one hand and one foot. — All persons who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand and one foot, or been totally and per- manently disabled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as is provided for by the pro- visions of the existing laws for each disability: Provided^ That this act shall not be so construed as to reduce pensions in any case. Act of Feb. 28, 1877 {19 Stat. mJ^). 1488. Loss of arm or leg. — From and after the passage of this act all persons on the pension roll, and all persons hereafter granted a pension, who, while in the military or naval service of the United States, and in the line of duty, shall have lost one hand or one foot, or been totally or permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or a foot, shall receive a pension of twenty-four dollars per month; that all persons now on the pension roll, and all persons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow, or a leg at or above the knee, or shall have been otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall receive a pension of thirty dollars per month: Provided., That nothing con- tained in this act shall be construed to repeal section forty-six hun- dred and ninety-nine of the Eevised Statutes of the United States, or to change the rate of eighteen dollars per month therein men- tioned to be proportionately divided for any degree of disability established for which section forty-six hundred and ninety-five makes no provision;^ Act of Mar. 5, 188S (22 Stat. 453). 1489. Loss of hand or foot, etc. — From and after the passage of this Act all persons on the pension roll, and all persons hereafter granted a pension, who, while in. the military or naval service of the United States and in the line of duty, shall have lost one hand or one foot, or been totally disabled in the same, shall receive a pension at the rate of forty dollars per month ; that all persons who, in like manner, shall have lost an arm at or above the elbow or a leg at or above the knee, or been totally disabled in the same, shall receive a pension at the rate of forty-six dollars per month; that all persons who, in like manner, shall have lost an arm at the shoulder joint or a leg at the hip joint, or so near the shoulder or hip joint or where the same is in such a condition as to prevent the use of an artificial limb, shall receive a pension at the rate of fifty-five dollars per month, and that all persons who, in like manner, shall have lost one hand and one foot, or been totally disabled in the same, shall receive * Paragraph 1492, post. 560 MILITARY LAWS OF THE UNITED STATES. a pension at the rate of sixty dollars per month; and that all per- sons who, in like manner, shall have lost both feet shall receive a pension at the rate of one hundred dollars per month: Provided^ however^ That this Act shall not be so construed as to reduce any pension under any act, public or private. Act of Mar, 2, 1903 {32 Stat, 9U)' 1490. Incapacity^ requiring constant attendance. — All soldiers, sailors, and marines who have since the sixteenth day of June, eighteen hundred and eighty, or who may hereafter become so totally and permanently helpless from injuries received or disease con- tracted in the service and line of duty as to require the regular per- sonal aid and attendance of another person, or who, if otherwise entitled, w^ere excluded from the provisions of "An act to increase pensions of certain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service," approved June sixteenth, eighteen hundred and eighty, shall be entitled to receive a pension at the rate of seventy- two dollars per month from the date of the passage of this act or of the certificate of the examining surgeon or board of sur- geons showing such degree of disability made subsequent to the pas- sage of this act. Act of Mar, ^, 1890 {26 Stat, 16) , 1491. Same — requiring frequent attendance. — Soldiers and sailors who are shown to be totally incapacitated for performing manual labor by reason of injuries received or disease contracted in the serv- ice of the United States and in line of duty, and who are thereby dis- abled to such a degree as to require frequent and periodical, though not regular and constant, personal aid and attendance of another per- son, shall be entitled to receive a pension of fifty dollars per month from and after the date of the certificate of the examining surgeon or board of examining surgeons showing such degree of disability, and made subsequent to the passage of this act. Act of July H^ 1892 {27 Stat. lJt9), 1492. Division of $18 rate. — The rate of eighteen dollars per month may be proportionately divided for any degree of disability estab- lished for which section forty-six hundred and ninety-five makes no provision.^ Sec, 4699, B. S, 1493. Not allowed while in Army or Navy. — Hereafter no pension shall be allowed or paid to any officerj noncommissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list.^ Act of Mar, 3, 1891 {26 Stat, 1082), ' See act of March 3, 1883 (22 Stat. 453), paragraph 1488, ante. ' Section 2 of the act of Augnst 29, 1890 (26 Stat. 371), contained the require- ment that " Hereafter no officer of the Army, Navy, or Marine Corps on the retired list shall draw or receive any pension under any law." MILITARY LAWS OF THE UNITED STATES. 561 14:94:. Ahsentees. — Officers absent on sick leave, and enlisted men absent on sick furlough, or on veteran furlough with the organiza- tion to which they belong, shall be regarded in the administration of the pension laws in the same manner as if they were in the field or hospital. Sec. 4700, R. S. 1495. Period of service. — The period of service of all persons en- titled to the benefits of the pension laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of disbanding the organization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. Sec. 4701, R. S. Widows, Children, and Dependent Relatives. 1496. Widows or children, etc. — If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty- six hundred and ninety-three^ has died since the fourth day of March, eighteen hundred and sixty-one, or hereafter dies, by reason of any wound, injury, or disease which under the conditions and limitations of such sections would have entitled him to an invalid pension had he been disabled, his widow,^ or if there be no widow, or in case of her death without payment to her of any part of the pen- sion hereinafter mentioned, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and if the widow remarry, the child or children shall be entitled from the date of remarriage, except when such widow has continued to draw the pension money after her remarriage, in contravention of law, and such child or children have resided with and been supported by her, their pension will commence at the date to which the widow was last paM.3 Act of Aug. 7, 1882 {22 Stat. 34S). 1497. Addition for each child under sixteen. — The pensions of widows shall be increased from and after the twenty-fifth day of July, eighteen hundred and sixty-six, at the rate of two dollars per month for each child under the age of sixteen years of the husband on account of whose death the claim has been, or shall be, granted. And * Paragraphs 1481 and 1482, ante. ' Section 4705 provides, as to enlistments on or before March 3, 1873, that " widows of colored and Indian soldiers," etc., " shall be entitled to receive the pension provided by law without other evidence of mai-riage " than satisfactory- proof of the relation to each other therein specified. 'Amended by act of March 19, 188G (24 Stat. 5). See also acts of June 9, 1880 (21 Stat. 170), and June 7, 1888 (25 Stat. 173). 92061"— 17 36 502 MILITARY LAWS OF THE UNITED STATES. in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow if living and entitled to a pen- sion: Provided^ That the additional pension herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged it shall be granted and paid to the guard- ian of such child or children: Provided further^ That a widow or guardian to whom increase of pension has been, or shall hereafter be, granted on account of minor children shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution or in any in- stitution organized for the care of soldiers' orphans. Sec. 1^.703^ R, S. 1498. Increase of pensions. — From and after the passage of this Act the rate of pension for widows, minor children under the age of sixteen years, and helpless minors as defined by existing laws, now on the roll or hereafter to be placed on the pension roll arid entitled to receive a less rate than hereinafter provided, shall be twelve dollars per month ; and nothing herein shall be construed to affect the exist- ing allowance of two dollars per month for each child under the age of sixteen years and for each helpless child ; and all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed : Provided, however, That this Act shall not be so construed as to reduce any pension under any Act, public or private. Sec. 1, Act of Apr. 19, 1908 {35 Stat. 6^). 1499. Restriction as to time of marriage. — Hereafter no pension under any law of the United States shall be granted, allowed, or paid to the widow of a soldier, sailor, officer, naval or military, marine, marine officer, or any other male person entitled to a pension under any law of the United States, unless it shall be proved and estab- lished that the marriage of such widow to the soldier, sailor, officer, marine, or other person on account of whose service the pension is asked, was duly and legally contracted and entered into prior to the passage of this act, or unless such wife shall have lived and cohabited with such soldier, sailor, officer, marine, marine officer, or other person continuousLy from the date of the marriage to the date of his death, or unless the marriage shall take place hereafter and prior to or during the military or naval service of the soldier, sailor, officer, marine, or other person on account of whose service MILITARY LAWS OF THE UNITED STATES. 563 the pension is asked or claimed. This proviso shall not apply to or affect the widow of any soldier, sailor, marine, officer, or marine officer serving or who has served in the war between the United States and the Kingdom of Spain. Act of Mar. S, 1899 {SO Stat, 1380). 1500. Dependent relatives. — If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty- six hundred and ninety-three has died since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound, injury, casualty, or disease, which, under the conditions and limitations of such sections, would have entitled him to an invalid pension, and has not left or shall not leave a widow or legiti- mate child, but has left or shall leave other relative or relatives who were dependent upon him for support, in whole or in part, at the date of his death, such relative or relatives shall be entitled, in the following order of precedence, to receive the same pension as such person would have been entitled to had he been totally disabled, to commence from the death of such person, namely : First, the mother ; secondly, the father ; thirdly, orphan brothers and sisters under six- teen years of age, who shall be pensioned jointly: Provided^ That where orphan children of the same parent have different guardians, or a portion of them only are under guardianship, the share of the joint pension to which each ward shall be entitled shall be paid to the guardian of such ward : Provided^ That if in any case said per- son shall have left father and mother who were dependent upon him, then, on the death of the mother, the father shall become en- titled to the pension, commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the de- pendent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years, respectively, commencing from the death or remarriage of the party who had the prior right to the pension : Provided^ That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary pro- ceeds of her own manual labor and the contributions of said son Or of any other persons not legally bound to aid in her support; and if, by actual contributions, or in any other way, the son had recog- nized his obligations to aid in support of his mother, or was by law bound to such support, and that a father or minor brother or sister shall, in like manner and under like conditions, be assumed to have been dependent, except that the income which was derived or de- rivable from his actual or possible manual labor shall be taken into 564 MILITABY LAWS OF THE UNITED STATES. account in estimating a father's means of independent support: Provided further^ That the pension allowed to any person on ac- count of his or her dependence, as hereinbefore provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. Sec. Jf.707^ R. S. 1501. Remarriage of widow or dependent mother or sister. — The remarriage of any widow, dependent mother, or dependent sister entitled to pension shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, de- pendent mother, or dependent sister having a pension such pension shall cease : Provided.^ however^ That any widow who was the lawful wife of any officer or enlisted man or other person in the Army, Navy, or Marine Corps of the United States, as described in para- graphs one, two, and three of section forty-six hundred and ninety- three of the Revised Statutes of the United States, during the period of his service in any war, and whose name was placed or shall here- after be placed on the pension roll because of her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is with- out means of support other than her daily labor, as defined by the Acts of June twenty-seventh, eighteen hundred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now provided for widows by the Acts of July fourteenth, eighteen hundred and sixty-two, March third, eighteen hundred and seventy-three, and March nineteenth, eighteen hundred and eighty-six, such pension to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act : And provided further^ That where such widow is already in receipt of a pension from the United States she shall not be entitled to restoration under this Act : And provided further^ That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or chil- dren under the age of sixteen years, she shall not be entitled to res- toration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment of pension to said child or children shall cease. Sec. i708, R, S,, as amended by Sec. 1, Act of Feb. 28, 1903 (32 Stat. 920). CHAPTER XXXVI. THE SOLDIERS' HOME. Par. Board of Commissioners, duties 1502 Same 1503 Same 1504 Officers 1505 Same — selection — treasurer required to give bond 1506 Funds for the support of the home, how obtained 1507 Same 1508 Limit to adjustment of accounts ]509 Permanent fund of the home 1510 The Treasurer of the United States the depositary of the funds of the home 1511 Limitation on expenditures 1512 Borrowing money on credit of home prohibited 1513 Par. Who may become members of the home 1514 What persons are entitled to its bene- fits 1515 Who are excluded 1516 Who shall be discharged 1517 Outdoor relief 1518 Rights of pensioners and surrender of pensions 1519 Allotment of their pensions by in- mates, payment of pensions not assigned to Treasurer, etc 1520 Inmates subject to Articles of War. . 1521 Uniforms to be furnished inmates free of cost 1522 Liquor licenses prohibited within 1 mile of the home 1523 1502.' Board of Commissioners, duties. — The Board of Commis- sioners of the Soldiers' Home shall hereafter consist of the General in Chief commanding the Army, the Surgeon-General, the Commissary- General, the Adjutant-General, the Quartermaster- General, the Judge-Advocate-General and the Governor of the Home, and the General in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business; whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the Soldiers' Home at least once in every month. The majority shall also have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other acts necessary for the govern- ment and interests of the same, as authorized by this chapter.^ Sec, 481S R. S., as amended ly Sec. 10, Act of Mar. 3, 1883 {22 Stat., 565). 1503. Same. — The commissioners of the Soldiers' Home, by and with the approval of the President, shall procure for immediate use. * The " Military Asylum for the Relief and Support of Invalid and Disabled Soldiers of the Army of the United States " was established by the act of March 665 566 MILITARY LAWS OF THE UNITED STATES. at a suitable place or places, a site or sites for the Soldiers' Home, and if the necessary buildings can not be procured with the sites, to have the same erected, having due regard to the health of the loca- tions, facility of access, and economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons entitled to the benefits of the Soldiers' Home. Sec, ^817^ R.S. 1504. Same. — The board of commissioners of the Soldiers' Home shall every year report in writing to the Secretary of War, giving a full statement of all receipts and disbursements of money, of the manner in which the funds are invested of any changes in the in- vestments and the reasons therefor, of all admissions and discharges, and generally of all facts that may be necessary to a full under- standing of the condition and management of the Home. The Sec- retary of War shall have power to call for and require any omitted facts which in his judgment should be stated to be added. This annual report shall be, by the Secretary of War, together with the 3, 1851 (9 Stat. 595). a For tlie support of the institution thus established the following funds were set apart: (a) Any unexpended balance of the appro- priation made by the act of March 2, 1847 (9 Stat. 149), for the benefit of soldiers disabled by wounds; (b) the sum of $118,791.19, levied by the command- ing general of the Army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States Army, reg\i- lars and volunteers, who were engaged in that war, but taken possession of as funds of the United States and placed in the Treasury; (c) all stoppages and fines adjudged against soldiers by sentence of court-martial, over and above any amount that may be due for the reimbursement of Government or of Individuals; (d) all forfeitures on account of desertion; (e) all moneys, not exceeding two-thirds of the balance on hand of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses of the year; and (f) all moneys belonging to the estates of deceased soldiers, which now are or may hereafter be unclaimed for the period of three years subsequent to the death of said soldier or soldiers, to be repaid by the com- missioners of the institution, upon the demand of the heirs or legal representa- tives of the deceased ; 6 there shall also be " deducted from the pay of every noncommissioned oflScer, musician, artificer, and private of the Army of the United States the sum of 25 cents c per month, which sum so deducted shall, by the Pay Department of the Army, be passed to the credit of the commission- ers of the asylum, who are hereby authorized to receive all donations of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive use." (Sec. 7, act of March 3, 1851, 9 Stat. 596.) In passing upon recommendations made by the board of commissioners of the Soldiers' Home, under section 4815 of the Revised Statutes, the Secretary of War is invested with a discretionary power to approve or disapprove the same. (XVII Opin. Att. Gen., 449.) a The act of Congress establishing the Military Asylum does not constitute the commissioners a corporation with ca*pacity to sue and be sued. (V Opin. Att. Gen., 398; see note 1 to paragraph 1512, post.) 6 This clause was repealed by section 2 of the act of July 5, 1862 (12 Stat. 508). c The deduction from the monthly pay of enlisted men, fixed at 25 cents per month by section 7, act of March 3, 1851 (9 Stat. 596), was reduced to 121 cents by section 7, act of March 3. 1859 (11 Stat. 424), and was abolished by the act of May 11, 1908 (35 Stat. 110). MILITARY LAWS OF THE UNITED STATES. 567 report of the inspecting officer hereinafter provided for, transmitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be de- posited in each garrison and post library.^ Sec. 1, Act of Mar. 3, 1883 {22 Stat. 66 Jf), 1505. Officers. — The officers of the Soldiers' Home shall consist of a governor, a deputy governor, and a secretary, for each separate site of the home, the latter to be also the treasurer ; and the officers shall be taken from the Army and appointed or removed, from time to time, as the interests of the institution may require,, by the Secre- tary of War, on the recommendation of the board of commissioners.- Sec. mo, R' s. 1506. Same — Selection — Treasurer required to give hond. — The governor and all other officers of the Home shall be selected by the President of the United States, and the treasurer of the Home shall be required to give a bond in the penal sum of twenty thousand dol- lars for the faithful performance of his duty.* Sec. 7 Act of Mar. S, 1883 {22 Stat. 566). 1507. Funds for the support of the Home., how obtained. — For the support of the Soldiers' Home the following funds are set apart and are hereby appropriated : All stoppages or fines adjudged against soldiers by sentence of courts-martial over and above any amount that may be due for the reimbursement of Government or of in- dividuals; all forfeitures on account of desertion; and all moneys belonging to the estates of deceased soldiers which are or may be unclaimed for the period of three years subsequent to the death of such soldiers, to be repaid by the commissioners of the institution upon the demand of the heirs or legal representatives of the deceased. Sec. mS, R. S. 1508. Same. — There shall be deducted from the pay of every non- commissioned officer, musician, artificer, and private of the Army of the United States the sum of twelve and a half cents per month, which sum so deducted shall by the Pay Department of the Army * Section 2 of the Act of Mtirch 3, 1S83, provides for an annual inspection of the Home by the Inspector General of the Army. (See par. 464, ante, under the chapter entitled. The Inspector General's Department.) ^The commissioners of the Soldiers' Home may permit the governor, deputy governor, and treasurer of the Home, who are retired officers of the Army and who reside at the Home, to make use of ordinary supplies of fuel, light, forage, etc., produced at the Home or purchased for it, and they may pay the treasurer, out of the funds of the Home, a salary for his services. (XX Opin. Att. Gen., 350.) See Dig. Opin. J. A. G., pp. 1010 and 1011. edition, 1912. 'The board of commissioners of the Soldiers' Home can not delegate to the governor of the Home discretionary police authority for the preservation of good order within its limits. (XX Opin. Att. Gen., 514.) They can not em- power him to arrest, detain, or deliver over to the court authorities non- military persons committing crimes less than capital, except in the cases where any person mny make an arrest without warrant or precept. (Id.) 668 MILITARY LAWS OF THE UNITED STATES. be passed to the credit of the commissioners of the Soldiers' Home. The commissioners are also authorized to receive all donations of money or property made by any person for the benefit of the insti- tution and hold the same for its sole and exclusive use. But the deduction of twelve and a half cents per month from the pay of noncommissioned officers, musicians, artificers, and privates of regi- ments of volunteers or other corps or regiments raised for a limited period or for a temporary purpose or purposes shall only be made with their consent.^ Sec. J^819^ R. S. 1509. Limit to adjustment of accounts. — Hereafter the adjustment of the accounts of the Soldiers' Home under section 4818 of the Revised Statutes ^ in the offices of the Second Comptroller and Sec- ond Auditor shall be limited to those originating subsequent to March 3, 1881, Act of July 16, 189% {27 Stat. 193). 1510. Permanent fund of the Home. — That all funds of the Home not needed for current use, and which are not now invested in United States registered bonds, shall, as soon as received, or as soon as present investments can be converted into money without loss, be deposited in the Treasury of the United States to the credit of the Home as a permanent fund, and shall draw interest at the rate of three per centum per annum, which shall be paid quarterly to the treasurer of the Home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like maner. No part of the principal sum so deposited shall be withdrawn for use except upon a resolution of the board of commissioners stating the necessity and approved by the Secretary of War. Sec. 8, Act of Mar. 3, 1883 {n Stat. 565). 1511. The Treasurer of the United States the depositary of the funds of the Home. — That the Treasurer of the United States be, and he is hereby, authorized and directed to receive and keep on de- posit, subject to the checks or drafts of the treasurer of the Soldiers', Home in the District of Columbia, all funds which may now be under the control of the said treasurer of the Soldiers' Home, or may hereafter be furnished him or in any manner come into his pos- session for use in defraying the curent expenses of maintaining the said Soldiers' Home, and, upon the request of said treasurer of the Soldiers' Home, there shall be transferred, from funds to his credit with the United States Treasurer, and placed to his credit with the assistant treasurer of the United States in New York City, New York, such sums as he may require monthly or quarterly for pay- ments on account of " outdoor relief " to members of the said Sol- *The deduction of pay for the Soldiers' Home was abolished by the act of May 11, 1908 (35 Stat. 110). * For this section see paragraph 1507, ante. MILITARY LAWS OF THE UNITED STATES. 569 diers' Home residing at a distance therefrom. Act of Jan. 16, 1891 (26 Stat, 718), 1512. Limitation on expenditures. — No new buildings shall be erected or new grounds purchased, nor shall any expenditure of more than five thousand dollars be made, until the action of the board thereon shall be approved by the Secretary of War. All supplies that can be purchased upon contract shall be so purchased, after due notice by advertisement, of the lowest responsible bidder. Such bidder shall give bond, with proper security, for the per- formance of his contract.^ Sec, S, Act of Mar. S, 1883 {22 Stat. S64), 1513. Borrowing money on credit of Home prohibited. — No officers of the Home shall borrow any money on the credit of the Home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. Sec. P, id., 665. 1514. Who may hecome memhers of the Home. — All soldiers of the Army of the United States, and all soldiers who have been, or may hereafter be, of the Army of the United States, and who have con- tributed, or may hereafter contribute, according to section forty- eight hundred and nineteen, to the support of the Soldiers' Home hereby created, and the invalid and disabled soldiers, whether regu- lars or volunteers, of the war of eighteen hundred and twelve and of all subsequent wars, shall, under the restrictions and provisions which follow, be members of the Soldiers' Home, with all the rights annexed thereto.2 Sec. Wi, R. S, (The contribution provided for in sec. 4819, R. S., was abolished by the act of May 11, 1908, 35 Stat. 110. ) 1515. What persons are entitled to its heneflts. — The following per- sons, members of the Soldiers' Home, according to section forty- eight himdred and fourteen, shall be entitled to the rights and bene- fits herein conferred, and no others: ^ Contracts for the Home should be entered into, not by the " Soldiers* Home," which is not an incorporated institution, but by the board of commis- sioners, who, as trustees for the Home, may make contracts which will bind the United States. (Dig. Opin., J. A. G., par. 2330. Ed. 1901.) Section 11 of the act of March 3, 1883 (22 Stat. p. 565), contains the provision " that all laws and parts of laws relating to the Soldiers' Home now in force and not Inconsistent with this act are continued in force, and such as are in- consistent herewith are to that extent repealed." Section 12 of the same act contained the requirement that " the sum of ten thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated to be expended by the Secretary of the Treasury in the employment of additional clerical force to be used in adjusting the accounts in the Treasury Department of those funds which under the law belong to the Soldiers' Home." 2 This section and 4819 recognize two classes of beneficiaries : 1. Soldiers who, while in the service, contributed voluntarily to the support of the Home. 2. Soldiers who did not contribute. Those who contributed have a right to membership without surrendering their pensions to the Home. Under section 4820 of the Revised Statutes, those who did not contribute may become mem- bers by making such surrender. (Bowen v. U. S., 100 U. S., 508; id., 14 Ct. CIS., 162.) 570 MILITARY LAWS OF THE UNITED STATES. First. Every soldier of the Army of the United States who has served, or may serve, honestly and faithfully twenty years in the samfe. Second. Every soldier and every discharged soldier, whether regu- lar or volunteer, who has suffered, or may suffer, by reason of disease or wounds incurred in the service and in the line of his duty, render- ing him incapable of further military service, if such disability was not occasioned by his own misconduct. Third. The invalid and disabled soldiers, whether regular or vol- unteers, of the wars of eighteen hundred and twelve and of all sub- sequent wars. Sec. i821^ R. S. 1516. Who are excluded. — The benefits of the Soldiers' Home shall not be extended to any soldief in the regular or volunteer service con- victed of felony or other disgraceful or infamous crimes of a civil nature after his admission into the service of the United States; nor shall any one who has been a deserter, mutineer, or habitual drunkard be received without such evidence of subsequent service, good con- duct, and reformation of character as is satisfactory to the commis- sioners. Sec. Jt822, R. S. 1517. Who shall he discharged. — Any soldier admitted into the Soldiers' Home for disability who recovers his health, so as to become fit again for military service, if under fifty years of age, shall be discharged.^ Sec. k82S, R. S. 1518. Outdoor relief. — That the board of commissioners are author- ized to aid persons who are entitled to admission to the Home, by outdoor relief, in such manner and to such an extent as they may deem proper; but such relief shall not exceed the average cost of maintaining an inmate of the Home. Sec. 6^ Act of Mar. 3, 1883 {22 Stat. 565). 1519. Rights of pensioners and surrender of pensions.^— The fact that one to whom a pension has been granted for wounds or disa- bility received in the military service has not contributed to the funds of the Soldiers' Home shall not preclude him from admission thereto. But all such pensioners shall surrender their pensions to the Soldiers' Home during the time they remain therein and voluntarily receive its benefits.2 Sec. 4820, R. S. 1520. Allotment of their pensions hy inmates, payment of pensions not assigned to Treasurer, etc. — Any inmate of the Home who is receiving a pension from the Government, and who has a child, wife, or parent living, shall be entitled, by filing with the pension agent * See Dig. Opin. J. A. G., 1010, I. B., edition 1912. ' Section 4820, Revised Statutes, admits of no other reasonable construction than that only invalid pensioners who had not contributed to the funds of the Soldiers' Home were bound to surrender to it their pensions while receiving its benefits. (U. S. v. Bowen, 100 U. S., 508; see paragraph 1520, post) MILITARY LAWS OF THE UNITED STATES. 571 from whom he receives his money a written direction to that effect, to have his pension, or any part of it, paid to such child, wife, or parent. The pensions of all who now are or shall hereafter become inmates of the Home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the Home. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would other- wise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institu- tion. The board of commissioners may from time to time pay over to any inmate such part of his pension money as they think best for his interest and consistent with the discipline and good order of the Home, but such pensioner shall not be entitled to demand or have the same so long as he remains an inmate of the Home. In case of the death of any pensioner, any pension money due him remaining in the hands of the treasurer shall be paid to his legal heirs, if de- mand is made within three years; otherwise the same shall escheat to the Home. Sec, 4, Act of Mar. S, 1883 {22 Stat. 56 Jf), 1521. Inmates subject to Articles of War. — All persons admitted into the Soldiers' Home shall be subject to the Kules and Articles of War in the same manner as soldiers in the Army.^ Sec. i82Ji.^ R. S. 1522. Uniforms to he furnished inmates free of cost. — A suitable uniform shall be furnished to every inmate of the Home, without cost to him. Sec. 6, Act of Mar. S, 1883 (22 Stat. 565). 1523. Liquor licenses prohibited within 1 mile of the Home, — On and after the passage of this act no license for the sale of intoxicat- ing liquor at any place within one mile of the Soldiers' Home prop- erty in the District of Columbia shall be granted. Act of Feb. 28, 1891 (26 Stat. 797). Note. — Tbe National Home for Disabled Volunteer Soldiers. The National Home for Disabled Volunteer Soldiers was established under authority of act of Congress of March 3, 1865 (13 Stat. 509). This act was amended by the following acts : Act of March 21, 1866 (14 Stat. 10) ; Act of March 12, 1867 (15 Stat. 1) ; Joint resolution of June 8, 1868 (15 Stat. 253) ; Joint resolution of February 28, 1871 (16 Stat. 599) ; Act of January 23, 1873 (17 Stat. 417) ; Act of March 3, 1875 (18 Stat. 359) ; Joint resolution of February 26, 1875 (18 Stat. 524). These various acts were carried forward into the Revised Statutes and there appear in chapter 3, title 59, from sections 4825 to 4837, inclusive. Since the enactment of the Revised Statutes the most important acts relat- ing to the National Home for Disabled Volunteer Soliders, are: 18 Stat. 359; 20 Stat. 390; 21 Stat. 350, 447; 22 Stat. 322, 330; 24 Stat. 129, 251, 540; 25 Stat. 387, 543. 657, 855; 27 Stat. 15, 384; 28 Stat. 159, 412, 492; 29 Stat. 4jt5, 517: 30 Stat. 54, 105. 640, 668, 1073, 1379; 31 Stat. 636, 745, 1175, 1178; 33 Stat. 731; 35 Stat. 1012. * See Dig. Opinion. J. A. G., 1010 I A. 572 MILITARY LAWS OF THE UNITED STATES. Under authority conferred by separate statutes branch homes have been established at the following places : The Central Branch, at Dayton, Ohio. The Northwestern Branch, at Milwaukee, Wis. The Eastern Branch, at Togus, Me. The Southern Branch, at Hampton, Va. The Western Branch, at Leavenworth, Kans. The Pacific Branch, at Santa Monica, Cal. The Marion Branch, at Marion, Ind. The Danville Branch, at Danville, 111. The Johnson City Branch, at Johnson City, Tenn. Battle Mountain Sanitarium, Hot Springs, S. Dak. As to aid offered States and Territorial homes for disabled soldiers see the following acts : Sec. 4825, R. S. ; 25 Stat. 450, 975 ; 30 Stat. 1379. Admissions to the home. — Hereafter the following persons only shall be en- titled to the benefits of the National Home for Disabled Volunteer Soldiers and may be admitted thereto upon the order of a member of the board of managers, namely: All honorably discharged officers, soldiers, and sailors who served in the regular or volunteer forces of the United States in any war in which the country has been engaged, who are disabled by disease, wounds, or otherwise, and who have no adequate means of support, and by reason of such disability are incapable of earning their living. (Act of May 26, 1900, 31 Stat. 217.) All honorably discharged soldiers and sailors who served in the War of the Rebellion and the Spanish-American War, and the provisional army and the volunteer soldiers and sailors of the War of 1812 and of the Mexican War, who are disabled by age, disease, or otherwise, and by reason of such disability are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. (Act of January 28, 1901, 31 Stat. 745.) OH^FTER XXXVII, CARE OF THE INSANE. Par. Government Hospital for the In- sane 1524-1527 Establishment 1524- Admissions; insane of Army, etc . 1525 Par. In California asylums 1526 Insane Filipino soldiers 1527 GOVEENMENT HOSPITAL FOR THE INSANE.* 1524. Establishment. — There shall be in the District of Columbia a Government Hospital for the Insane, and its objects shall be the most humane care and enlightened curative treatment of the insane of the Army and Navy of the United States and of the District of Columbia. Sec. Jf838, R. S. 1525. Admissions; insane of Army, etc. — The superintendent, upon the order of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Treasury, respectively, shall receive, and keep in custody until they are cured, or removed by the same author- ity which ordered their reception, insane persons of the following descriptions : First. Insane persons belonging to the Army, Navy, Marine Corps, and Ke venue- Cutter Service. Second. Civilians employed in the Quartermaster's, Pay, and Subsistence Departments of the Army who may be, or may here- after become, insane while in such employment. Sec. 4^43, R. S., as amended hy Act of Feb. 9, 1900 {31 Stat. 7). Third. Men who, while in the service of the United States, in the Army, Navy, or Marine Corps, have been admitted to the hospital, and have been thereafter discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means of support. Fourth. Indigent insane persons who have been in either of the said services and been discharged therefrom on account of disability arising from such insanity. ^The sundry civil act of June 25, 1910 (35 Stat. 703), contained an item (p. 724) "for the care, maintenance, and treatment at asylums in Porto Rico of insane soldiers of the Porto Rico Regiment of Infantry"; and since then provision has been made for the purpose in the annual acts for the support of the Army. 573 574 MILITARY LAWS OF THE UNITED STATES. Fifth. Indigent insane persons who have become insane within three years after their discharge from such service, from causes wiiich arose during and were produced by said service.^ &ec, J^SiS^ R. S., as amended hy Act of Feb, 9, 1900 {31 StaL 7). 1526. In California asylums, — The Secretary of War may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in Cali- fornia, in all cases which he is now authorized by law to cause to be sent to the Government Hospital for the Insane in the District of Columbia. Act of Mar, 8, 1901 {31 Stat. 1163), 1527. Insane Filipino soldiers. — The Secretary of War may, in his discretion contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he is now authorized by law to cause to be sent to the Govern- ment Hospital for the Insane in the District of Columbia. Act of May 11, 1908 {35 Stat, 122). ^ The right to admission to the asylum has been extended by statute to include the following classes of cases: (1) To insane convicts serving sentences of confinement imposed by United States courts. (Act of June 23, 1874, 18 Stat. 251.) (2) To persons in custody charged with crime against the United States. (Act of Aug. 7, 1882, 22 Stat. 202.) (3) To inmates of the several branches of the National Home for Disabled Volunteer Soldiers who may become insane. (Act of Aug. 7, 1882, 22 Stat. 3(>2.) (4) To inmates of the Soldiers' Home who may become insane. (Act of July 7, 1884, 23 Stat. 194.) The expense of maintenance to be paid from the Soldiers' Home fund. CH^FTER XXXVIII. FLAG AND SEAL OF THE UNITED STATES. Par. The flag to be thirteen stripes and forty-eight stars 1528 A star to be added for every new State 1529 Par. Seal of the United States 1530 Secretary of State to keep and affix the seal 1531 1528. The flag to he thirteen stripes and forty-eight stars. — The flag of the United States shall be thirteen horizontal stripes, alter- nate red and white; and the union of the flag shall be [forty-eight] stars, white in a blue field. ^ Sec. 1791^ R. S. 1529. A star to he added for every new State. — On the admission of a new State into the Union one star shall be added to the union of the flag ; and such addition shall take effect on the fourth day of July then next succeeding such admission.^ Sec. 1792^ R. S, 1530. Seal of the United States. — The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. Sec. 1793, R. S. 1531. Secretary of State to keep and affix the seal. — The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for officers of the United States,^ to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. Sec. 179Ji,, R.S. "■ See pars. 215 and 216 A. R., 1913. Also Bulletins 11 and 23, War Depart- ment. 1912. ' See Dig. Opin. J. A. G., 629 I-V and 20 I, edition 1912. 'The commissions of military officers now bear the seal of the War Depart- ment, (Act of Mar. 28, 1896, 29 Stat. 75.) 575 CHAPTER XXXIX. THE ARTICLES OF WAR.^ Articles of war. Section. - 1342 Article. Preliminary provisions 1-2 Definitions 1 Persons subject to military^ law_ 2 Courts-martial 3-53 Courts-martial classified 3 Composition 4-7 Who may serve on courts-mar- tial 4 General courts-martial 5 Special courts-martial 6 Summary courts-martial 7 By whom appointed 8-11 General courts-martial— Special courts-martial Summary courts-martial. Appointment of judge cates advo- 8 9 10 11 Jurisdiction 12-16 General courts-martial 12 Special courts-martial 13 Summary courts-martial 14 Not exclusive 15 Officers ; how triable 16 Procedure 17-38 Judge advocate to prosecute 17 Challenges 18 Article. 19 20 21 22 23 Oaths Continuances Refusal to plead Process to obtain witnesses Refusal to appear or testify Compulsory self-incrimination prohibited i 24 Depositions — When admissible- 25 Depositions — B e f o r e whom taken 26 Courts of inquiry — Records of, when admissible 27 Resignation without acceptance does not release officer 28 Enlistment without discharge 29 Closed sessions 30 Order of voting 31 Contempts 32 Records — General courts-mar- tial — 33 Records — Special and summary courts-martial 34 Disposition of records — General courts-martial 35 Disposition of records— Special and summary courts-martial- 36 HISTOKICAL NOTE/ 1. British Code— In the early periods of English history military law existed only in time of actual war. Wlien war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, articles of war, were issued by the Crown, with the advice of the con- stable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission fi-om the Crown. (Grose, Antiquities, vol. 2, p. 58.) These ordinances or articles, however, remained in force only during the service of the troops for whose government they were issued, and ceased to operate on the conclusion of peace. IVIilitary law in time of peace did not come into existence until the passing of the first mutiny act in 1689. The system of governing troops in active service by articles of war, issued under the prerogative power of the Crown, whether issued by the King himself 92061°— 17 37 577 578 MILITARY LAWS OF THE UNITED STATES. Article. Irregularities— Effect of 37 President may prescribe rules 38 Limitations upon prosecutions 39-40 As to time 39 As to number 40 Punishments 41-45 Certain liinds prohibited 41 Places of confinement — When lawful 42 Death sentence — When lawful- 43 Cowardice ; fraud — Accessory penalty . 44 Maximum limits 45 Action by appointing or superior authority 46-53 Approval and execution of sen- tence 46 Powers incident to power to ap- prove 47 Confirmation — When required 48 Powers incident to power to confirm 49 Mitigation or remission of sen- tences 50 Suspension of sentences of dis- missal or death 51 Suspension of sentence of dis- honorable discharge 52 Suspension of sentences of for- feiture or confinement 53 Punitive articles 54-96 Enlistment ; muster ; returns 54-57 Fraudulent enlistment 54 Article. Officer making unlawful enlist- ment 55 Muster rolls — False muster 56 False returns — Omission to ren- der returns 57 Desertion — Absence without leave 58-61 Desertion— ^ 58 Advising or aiding another to desert 59 Entertaining a deserter 60 Absence without leave 61 Disrespect — Insubordination — Mutiny 62-68 Disrespect toward the Presi- dent, vice President, Con- gress, Secretary of War, gov- ernors, legislatures 62 Disrespect toward superior officer 63 Assaulting or willfullj^ disobey- ing superior officer 64 Insubordinate conduct toward noncommissioned officer 65 Mutiny or sedition 66 Failure to suppress mutiny or sedition 67 Quarrels; frays; disorders 68 Arrest ; confinement 69-74 Arrest or confinement of accused persons 69 Investigation of and action upon charges 70 or by the commanders in chief, or by other officers holding conjmissions from the Crown, continued from the time of the conquest till long after the passing of the annual mutiny acts (Barwis t\ Keppel, 2 Wilson's Rep., 314), and did not actually cease till the prerogative power of issuing such articles was superseded in 1803 by a corresponding statutory power. (43 Geo. Ill, ch. 20.) The earlier articles were of excessive severity, inflicting death or loss of limb for almost every crime. Gradually, however, they assumed something of the shape which they bear in modern times, and the ordinances or articles of war issued by Charles II in 1672 formed the groundwork of the articles of war of 1878, which were consolidated with the mutiny act in the army discipline and regulation act of 1879, which was replaced by the army act of 1881. The army code of 1881, which now constitutes the military code of the British Army, has of itself no force, but requires to be brought into operation annually by another act of Parliament, thus securing the constitutional principle of the control of the Parliament over the discipline requisite for the government of the army. (Manual of Military Law, War Office, 1914, pp. 6-14.) 2. American code — {a) Code of 1775. — Passing over the earlier enactments of the American Colonies of articles of war for the government of their respective contingents, of which we have examples in the articles adopted by the Provi- sional Congress of Massachusetts Bay. April 5, 1775 (American Archives, 4th series, vol. 1, p. 1350), followed by similar articles adopted in May and June of the same year, successively, by the Provincial Assemblies of Connecticut and Rhode Island and the Congress of New Hampshire (idem, vol. 2, pp. 565, 1153, 1180), we come to the first American articles — Code of 1775 — enacted by the MILITAKY LAWS OF THE UliJ^ITED STATES. 579 Refusal to receive and keep prisoners Report of prisoners received Releasing prisoner without proper authority Delivery of offenders to civil authorities Article. 71 72 73 74 War offenses 75-82 Misbehavior before the enemy — 75 Subordinates compelling com- mander to surrender 76 Improper use of countersign 77 Forcing a safeguard 78 Captured property to be secured for public service 79 Dealing in captured or aban- doned property 80 Relieving, corresponding with, or aiding the enemy 81 Spies 82 Miscellaneous ci"imes and offenses 83-96 Military property — Willful or negligent loss, damage, or wrongful disposition of AVaste or unlawful disxx)sition of military property issued to soldiers Drunk on duty Misbehavior of sentinel Personal interest in sale of pro- ■ visions 83 88 89 90 91 92 94 95 96 Articlo. Intimidation of persons bring- ing provisions Good order to be maintained and wrongs redressed Provoking speeches or gestures- Dueling Murder — Rape Various crimes Frauds against the Govern- ment Conduct unbecoming an officer and gentleman General article Courts of inquiry 97-103 When and by whom ordered 97 Composition 98 Challenges 99 Oath of members and recorder. 100 Powers ; procedure 101 Opinion on merits of case 102 Record of proceedings 103 Miscellaneous provisions 104-121 Disciplinary powers of com- manding officers 104 Injuries to person or property — Redress of Arrest of deserters by «vil offi- cials Soldiers to make good time lost Soldiers — Separation from the service Oath of enlistment 105 106 107 108 109 Second Continental Congress. June 30, 1775. Of this code, comprising 69 articles, the original was the existing British Code of 1774, from which said articles were largely copietl. The code was amended by the Continental Con- gress of November 7. 1775, by adding thereto 16 provisions, intendeil to complete the original draft in certain particulars in which it was imperfect. (b) Code of 1776. — The Articles of 1775 were superseded the following year by what has since been known as the Code of 1776, emicted September 20 of that year. It was an enlargement, with modifications, of the amended Cwle of 1775. There followed the amendments of 1786, regulating the composition of courts-martial, and generally the administration of military justice. As thus amended the code survived the adoption of the Constitution of the United States, being continued in force by successive statutes, "so far as the same are applicable to the Constitution of the United States." The necessity, how- ever, for revision, in order to adapt the articles to the changed form of gov- ernment, became obvious. This revision was accomplished by the act of April 10. 1806 (2 Stat., 259), which superseded all other enactments on the same subject, and is generally designated as the (c) Code of 1806.— The Code of 1806 comprised 101 articles, with an addi- tional provision relating to tlie punisliment of spies. There was no formal revision of the Articles of War in the revision of the Statutes of 1874. al- though there was such a restiitement of them as was possible under the au- thority which the revisers who prepared that revision had to bring together " all statutes which, from similarity of subject, ought to be brought together, omitting redundant or obsolete enactments, and making such alterations? as may be necessary to reconcile the contradictions, supply the omissions, and amend the imperfections of the original text." Under this limited authority no 580 MILITARY LAWS OF THE UNITED STATES. Article. Certain articles to be read and explained 110 Copy of record of trial 111 Effects of deceased persons — Disposition of 112 Inquests 113 Authority to administer oaths 114 Appointment of reporters and interpreters—. 115 Powers of assistant judge ad- Tocates 116 Itemoval of civil suits 117 Officers — Separation from serv- ice 118 Article. Rank and precedence among Regulars, Militia, and Volun- teers 119 Command when different corps or commands happen to join_ 120 Complaints of wTongs 121 Section. Date when act shall take effect- Punishment of offenses commit- ted and enforcement of penal- ties, etc., imposed prior to tak- ing effect of act Repealing clause Section 1342, as amended. — Section thirteen hundred and forty- two of the Revised Statutes of the United States be, and the same is hereby, amended to read as follows : ^ M Sec. 1342. The articles included in this section shall be known as the Articles of War and shall at all times and in all places govern the armies of the United States.^ Sec. 3, Act of Aug. 29, 1916 (39 Stat 650). I. Preliminary Provisions. Article 1. Definitions, — The following words when used in these articles shall be construed in the sense indicated in this article, unless the context shows that a different sense is intended, namely: (a) The word "officer" shall be construed to refer to a commis- sioned officer ; (b) The word "soldier" shall be construed as including a non- commissioned officer, a private, or any other enlisted man ; (c) The word " company " shall be understood as including a troop or battery ; and recasting of the articles or substantial amendment w^as possible, and the code as it appeared in the Revised Statutes of 1874, and as it was repeated in the second edition thereof in 1878, was substantially the Code of 1806, expanded to embrace amendments and new legislation since that date. It embraced 128 articles, with the additional provision as to spies, and these, with the amend- ments enacted since 1878, remained for 110 years the military code of the United States. id) Code of 1916.— The Code of 1916 was enacted August 29, 1916 (39 Stat., 650). It became effective on March 1, 1917, except as to certain articles which were made immediately effective in order to meet conditions confronting the punitive expedition then in Mexico. For a list of the more important changes introduced by the revised articles, see the Introduction to the First Edition, Manual for Courts-Martial. * The Army and Navy of the United States are engaged in the performance of public, not private, duties. Service in the army or navy of one's country, , according to the terms of the enlistment, never implies slavery or involuntary servitude, even where the soldier or sailor is required against his will to respect the terms upon which he voluntarily engaged to serve the public. Involuntary service rendered for the public, pursuant as well to the requirements of a stat- ute as to a previous voluntary engagement, is not, in any legal sense, either slavery or involuntary servitude. (Robertson v. Baldwin, 165 U. S. 275, 299.) (Dissenting opinion of Justice Harlan.) MILITARY LAWS OF THE UNITED STATES. 581 (d) The word "battalion" shall be understood as includmg a squadron. Art. 2. Persons subject to Tnilitary law} — The following persons are subject to these articles and shall be understood as included in the term " any person subject to military law," or " persons subject to military law," whenever used in these articles: Provided^ That nothing contained in this Act, except as specifically provided in Article two, subparagraph (c), shall be construed to apply to any person under the United States naval jurisdiction, unless otherwise specifically provided by law. (a) All officers and soldiers belonging to the Eegular Army of the United States; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted or ordered into, or to duty or for training in, the said service, from the dates they are required by the terms of the call, draft or order to obey the same ; (b) Cadets; (c) Officers and soldiers of the Marine Corps when detached for service with the armies of the United States by order of the Presi- dent : Provided^ That an officer or soldier of the Marine Corps when so detached may be tried by military court-martial for an offense committed against the laws for the government of the naval service prior to his detachment, and for an offense committed against these articles he may be tried by a naval court-martial after such detach- ment ceases; (d) All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States, and in time of war all such retain- ers and persons accompanying or serving with the armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles; ^ * Military offenses are not territorial. (See Manual for Courts-Martial, ed. 1908, p. 14.) So held that an officer who exhibited himself in an intoxicated condition at a public ball in Mexico, though not present in any milittiry capacity, was amenable for his offense to the jurisdiction of a court-martial in Texas. (Dig. Op. J. A. G. par. 169, ed. 1901 ; Houston v. Moore, 5 Wh. 20.) ^ To determine when an army is " in the field " is to decide the question raised. These words imply military operations with a view to an enemy. Hostilities with Indians seem to be as much within their meaning as any other kind of warfare. To enable the officers of an army to preserve good order and discipline is the object of this article, and these may be as necessary in the face of hostile savages as in the front of any other enemy. When an army is engaged in offensive or defensive operations, I think it is safe to say that it is an army " in the field." To decide exactly where the boundary line runs between civil and military jurisdiction, as to the civilians attached to an army, is difficult; but it is quite evident that they are within military jurisdiction, as provided for in said article^ when their treachery defection, or insubordinatiim might endanger or em- barrass the army to which they belong in its operations against what is known 582 MILITARY LAWS OF THE UI^ITED STATES. (e) All persons under sentence adjudged by courts-martial; (f) All persons admitted into the Eegular Army Soldiers' Home at Washington, District of Columbia. II. Courts-martial. Art. 3. Courts-martial classified. — Courts-martial shall be of three kinds, namely: First, general courts-martial; Second, special courts-martial; and Third, summary courts-martial. A. COMPOSITION. Art. 4. Who may serve on courts-martial. — All officers in the military service of the United States, and officers of the Marine Corps, when detached for service with the Army by order of the President, shall be competent to serve on courts-martial for the trial of any persons who ma3^ lawfully be brought before such courts for trial.^ Art. 5. General courts -martial. — General courts-martial may con- sist of any number of officers from five to thirteen, inclusive; but in military phrase as " an enemy." Possibly the fact that troops found in a region of country chiefly inhabited by Indians, and remote from the exercise of civil authority, may enter into the description of "an army In the field." Persons who attach themselves to an expedition against hostile Indians may be understood as agreeing that they will submit themselves, for the time being, to military control. (XIV Opin. Att. Gen. 22 ; G. O. 17, A. G. O. 1872.) A civil employee of the United States in time of peace is most clearly not made amenable to the military jurisdiction and trial by court-martial by the fact that he is employed in an office connected with the administration of the military branch of the Government. Such employment does not make him n part of the Military Establishment, nor is his ol^ense, however nearly it may affect the military service, " a case arising in the land forces " in the sense of article 5 of the amendments to the Constitution. So held (June, 1877) that a civilian clerk employed in time of peace in the office of the chief quarter- master at San Francisco was manifestly not amenable, under this article or otherwise, to trial by court-martial for the embezzlement or misapplica- tion of Government funds appropriated for the Quartermaster Department. (See the confirmatory opinion in this case of the Attorney General of May 15, 1878, XVI Opin. 13.) And remarked that if this official could be made liable to such jurisdiction, all the male and female clerks employed in the War Department might upon the same principle be held thus amenable for offenses against the Government committed in connection with their duties. And so held in the case of a civilian clerk employed at Camp Robinson, Nebr., charged with conspiring with contractors to defraud the United States, the post not being within the theater of any Indian war or hostilities pending at the period of the offense. (See opinion, to a similar effect, of the Attorney General of June 15, 1878, X\T Opins. 48.) Id. par. 167. (Dig. Op. J. A. G. ed. 1901.) Held (April, 1877), that superintendents of national cemeteries, being no part of the Army, but civilians (see section 4874, Revised Statutes), were clearly not amenable to military jurisdiction or trial under this article or otherwise. (See, to the same effect, the opinion of the Attornev General of May 15, 1878, XVI Opin. 13, referred to above.) (Dig. Op. J. A. G. par. 168, ed 1901 ) ^ See big. Op. J. A. G. 158 LXXVII, A 1, 2, 3. MILITARY LAWS OF THE UNITED STATES. 583 they shall not consist of less than thirteen, when that number can be convened without manifest injury to the service. Art. 6. Special co-urts-niartial. — Special courts-martial may con- sist of any number of officers from three to five, inclusive. Art. 7. Summary courts-martial. — A summary court-martial shall consist of one officer. B. BY WHOM APPOINTED. Art. 8. General courts -martial. — The President of the United States, the commanding officer of a territorial division or depart- ment, the Superintendent of the Military Academy, the command- ing officer of an army, an army corps, a division, or a separate brigade, and, when empowered by the President, the commanding officer of any district or of any force or body of troops may appoint general courts-martial ; but when any such commander is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by a superior competent authority, and no officer shall be eligible to sit as a member of such court when he is the accuser or a witness for the prosecution. Art. 9. Special courts-martial. — The commanding officer of a dis- trict, garrison, fort, camp, or other place where troops are on duty, and the commanding officer of a brigade, regiment, detached battalion, or other detached command may appoint special courts- martial; but when any such commanding officer is the accuser or the prosecutor of the person or persons to be tried, the court shall be appointed by superior authority, and may in any case be appointed by superior authority when by the latter deemed desirable; and no officer shall be eligible to sit as a niember of such court when he is. the accuser or a witness for the prosecution. Art. 10. Summary courts -martial. — The commanding officer of a garrison, fort, camp, or other place where troops are on duty, and the commanding officer of a regiment, detached battalion, detached company, or other detachment may appoint summary courts-martial ; but such summary courts-martial may in any case be appointed by superior authority when by the latter deemed desirable: Provided., That when but one officer is present with a command he shall be the summary court-martial of that command and shall hear and deter- mine cases brought before him. Art. 11. Appointment of judge advocates. — For each general or special court-martial the authority appointing the court shall ap- point a judge advocate and for each general court-martial one or more assistant judge advocates when necessary. C. JURISDICTION. Art. 12. General courts-martial. — General courts-martial shall have power to try any person subject to military law for any crime 584 MILITARY LAWS OF THE UNITED STATES. or offense made punishable by these articles and any other person who by the law of war is subject to trial by military tribunals: Pro- 'vided^ That no officer shall be brought to trial before a general court-martial appointed by the Superintendent of the Military Academy. Art. 13. Special courts-martial. — Special courts-martial shall have power to try any person subject to military law, except an officer, for any crime or offense not capital made punishable by these articles: Provided., That the President may, by regulations, which he may modify from time to time, except from the jurisdiction of special courts-martial any class or classes of persons subject to mili- tary law. Special courts-martial shall not have power to adjudge dishonor- able discharge, nor confinement in excess of six months, nor to adjudge forfeiture of more than six months' pay. Art. 14. Summary conrts-martlal. — Summary courts-martial shall have power to try any person subject to military law, except an officer, a cadet, or a soldier holding the privileges of a certificate of eligibility to promotion, for any crime or offense not capital made punishable by these articles: Provided^ That noncommissioned offi- cers shall not, if they object thereto, be brought to trial before a summary court-martial without the authority of the officer competent to bring them to trial before a general court-martial : Provided fur- ther., That the President may, by regulations, which he may modify from time to time, except from the jurisdiction of summary courts- martial any class or classes of persons subject to military law. Summary courts-martial shall not have power to adjudge confine- ment in excess of three months, nor to adjudge the forfeiture of more than three months' pay: Provided., That when the summary court officer is also the commanding officer no sentence of such summary court-martial adjudging confinement at hard labor or forfeiture of pay, or both, for a period in excess of one month shall be carried into execution until the same shall have been approved by superior authority. Art. 15. Not exclusive. — The provisions of these articles conferring jurisdiction upon courts-martial shall not be construed as depriving military commissions, provost courts, or other military tribunals of concurrent jurisdiction in respect of offenders or offenses that by the law of war may be lawfully triable by such military commissions, provost courts, or other military tribunals. Art. 16. O-fpcers; how triable. — Officers shall be triable only by general courts-martial, and in no case shall an officer, when it can be avoided, be tried by officers inferior to him in rank.^ ' See D:g. Op. J. A. G., 493, le. MILITARY LAWS OF THE UNITED STATES. 5^85 D. PROCEDURE. Art. 17. Judge advocate to prosecute. — The judge advocate of a general or special court-martial shall prosecute in the name of the United States, and shall, under the direction of the court, prepare the record of its proceedings. The accused shall have the right to be represented before the court by counsel of his own selection for his defense, if such counsel be reasonably available, but should he, for any reason, be unrepresented by counsel, the judge advocate shall from time to time throughout the proceedings advise the accused of his legal rights.^ - Art. 18. Challenges. — Members of a general or special court- martial may be challenged by the accused, but only for cause stated to the court. The court shall determine the relevancy and validity thereof, and shall not receive a challenge to more than one member at a time.^ ^ For decisions upon the subject of judge advocate, see Dig. Op. J. A. G., 496 to 503. ^This article authorizes the exercise of the right of challenge before all courts except summary courts. These courts are not subject to be challenged, because, being composed of but one member, there is no authority provided which is competent to pass upon the validity of the challenge. At the trial of an ofRcer in 1853 the accused challenged a member of the court "for bias, prejudice, and malice," The challenged member thereupon stated " that he had no prejudice or bias against the accused which could in the remotest degree interfere with his doing justice in the case," but, " being challenged, he requested to be relieved from sitting on the court," which the court refused, and overruled the challenge. The accused then requested that the member might be put on his voir dire in order that he might examine him as to the extent of any prejudice he might entertain, which application the court also refused. This refusal of the right of an accused person to place a chal- lenged member on his voir dire, in order to ascertain whether the grounds of challenge advanced by him were or were not sufficient, was disapproved by the Secretary of War upon the ground that " an accused is now allowed in all cases, for the better security of an impartial trial, to show the mind of the juror by examining him before the court, and the only exception is where the cause of the challenge goes to the disgrace or discredit of the juror." (G. O. No. 21, War Dept., of 1853.) In the case of an enlisted man tried in 1875, the judge advocate of the court was the principal witness against the prisoner and was directly interested in his conviction. In this case it was remarked by the reviewing officer (the Secretary of War) that "it was not contemplated that a prisoner would be brought to trial before this court on charges which raised the question whether its judge advocate had not himself been guilty of official misconduct. But such was the fact in this case. The judge advocate had a personal interest in the conviction of the prisoner and was also the principal witness against him." Under such circumstances the officer should have applied to the proper author- ity to be relieved from dutv as judge advocate. The proceedings were dis- approved. (G. C. M. O. No. 41, War Dept., 1875; see also G. C. M. O. 66, 1875. See Dig. Op. .T. A. G. 502 I V-N. ) The accused were Indian scouts, charged with mutiny. Some of the members of the court, though disclaiming any prejudice against the accused personally, were aware that they were present at the outbreak, and were fully apprised, from their own personal presence or knowledge of the circumstances, that the mutiny, which had involved homicide, constituted a most aggravated offense of the class. Held that as these members could scarcely avoid applying their impressions to the accused when shown to be connected with the disorder, they would fairly have been subject to objection as triers. (Id., par. 253, Ed. 1901.) 686 MILITAEY LAWS OP THE UNITED STATES. Art. 19. Oaths. — The judge advocate of a general or special court- martial shall administer to the members of the court, before they proceed upon any trial, the following oath or affirmation : " You, A. B. do swear (or affirm) that you will well and truly try and de- termine,^ according to the evidence, th« matter now before you, between the United States of America and the person to be tried, and that j^ou will duly administer justice, without partiality, favor, or affection, according to the provisions of the rules and articles for the government of the armies of the United States, and if any doubt should arise, not explained by said articles, then according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear (or affirm) that you will not divulge the findings or sentence of the court until they shall be pub- lished by the proper authority, except to the judge advocate and assistant judge advocate; neither will you disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice in due course of law. So help you God." \Mien the oath or affirmation has been administered to the mem- bers of a general or special court-martial, the president of the court shall administer to the judge advocate and to each assistant judge advocate, if any, an oath or affirmation in the following form : " You, A. B., do swear (or affirm) that you will not divulge the findings or sentence of the court to any but the proper authority until they shall be duly disclosed by the same. So help you God." All persons who give evidence before a court-martial shall be examined on oath or affirmation in the following form : " You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God." ^ It is not necessary (though usual and proper) for a member to withdraw from the court room on being challenged and pending the deliberation on the objection. (See Dig. Op. J. A. G., 163, LXXXVIII A. B. C. ; 550-551 C 2, C 2 a ; 562 a(15) ; 573 E 10; 575 F 7; 1070 (d) [1].) ^ It is a departure from the engagement expressed in the body of the oath — to try and determine acerson is piit in arrest for the purpose of trial, except at remote military posts or stations, the officer by whose order he is arrested shall see that a copy of the charges on which he is to be tried is served upon him within eight days after his arrest, and that he is brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of said ten days. If a copy of the charges be not served, or the arrested person be not brought to trial, as herein required, the arrest shall cease. But per- sons released from arrest, under the provisions of this article, may be tried, whenever the exigencies of the service shall permit, within twelve months after such release from arrest: Provided^ That in time of peace no person shall, against his objection, be brought to trial before a general court-martial within a period of five days subse- quent to the service of charges upon him. Art. 71. Refusal to receive and^ keep prisoners. — No provost mar- shal or commander of a guard shall refuse to receive or keep any prisoner committed to his charge by an officer belonging to the forces of the United States, provided the officer committing shall, at the time, deliver an account in writing, signed by himself, of the crime or offense charged against the prisoner. Any officer or soldier so refus- ing shall be punished as a court-martial may direct.^ Art. 72. Report of prisoners received. ^Everj commander of a giuird to whose charge a prisoner is committed shall, within twenty- four hours after such confinement, or as soon as he is relieved from his guard, report in writing to the commanding officer the name of such prisoner, the offense charged against him, and the name of the officer committing him ; and if he fails to make such report he shall be punished as a court-martial may direct. * Detaining soldiers in arrest for long and unreasonable periods, when it is practicable to bring them to trial, is arbitrary and oppressive, and in contra- vention both of the letter and spirit of this article. Whether the delay in any case is to be regarded as so far unreasonable as properly to subject the com- mander responsible therefor to military charges or a civil action must depend upon the circumstances of the situation and the exigencies of the service at the time. (Compare Blake's case, 2 Maule & Sel., 428; Bailey v. Warden, 4 id., 400. Dig. Op. J. A. G., par. 177, Ed. 1901.) ^lu the English case of WV^lton r. Gavin (16 Ad. and E. 70) it was decided that *' a commanding officer receiving a soldier charged with desertion by a noncommissionefficers from one to three, which board shall be convened by the commanding officer and shall have, for the purpose of such investigation, power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board shall be subject to the approval of the commanding officer, and in the amount approved by hirci shall be stopped against the pay of the offenders. And the order of such commanding officer directing stoppages herein authorized shall be conclusive on any disbursing officer for the payment by him to the injured parties of the stoppages so ordered. Where the offenders can not be ascertained, but the organization or detachment to which they belong is known, stoppages to the amount of damages inflicted may be made and assessed in such proportion as may be deemed just upon the individual members thereof who are shown to have been present with such organization or detachment at the time the damages complained of were inflicted as determined by the approved findings of the board. Art. 106. Arrest of deserters hy civU officials. — It shall be lawful for any civil officer having authority under the laws of the United States, or of any State, Territory, District, or possession of the United States, to arrest offenders, summarily to arrest a deserter from the military service of the United States and deliver him into the custody of the military authorities of the United States. Art. 107. Soldiers to make good time lost. — Every soldier who in an existing or subsequent enlistment deserts the service of the United States or without proper authority absents himself from his organi- zation, station, or duty for more than one day, or who is confined for more than one day under sentence, or while awaiting trial and dis- position of his case, if the trial results in conviction, or through the intemperate use of drugs or alcoholic liquor, or through disease or injury the result of his own misconduct, renders himself unable for more than ojie day to perform duty, shall be liable to serve, after his return to a full-duty status, for such period as shall, with the time he may have served prior to such desertion, unauthorized absence, con- finement, or inability to perform dutj'', amount to the full term of that part of his enlistment period which he is required to serve with his organization before being furloughed to the Army reserve. 616 MILITARY LAWS OF THE UNITED STATES. Art. 108. Soldiers — Separation from the service. — Xo enlisted man, lawfully inducted into the military service of the United States, shall be discharged from said service without a certificate of discharge, signed by a field officer of the regiment or other organization to which the enlisted man belongs or by the commanding officer when no such field officer is present ; and no enlisted man shall be discharged from said service before his term of service has expired, except by order of the President, the Secretary of War, the commanding officer of a department, or by sentence of a general court-martial.^ ^ The one hundred and eighth article of war prescribes that " no enlisted man, lawfully inducted into the military service of the United States, shall be dis- charged from said service without a certificate of discharge, signed by a field officer of the regiment or other organization to which the enlisted man belongs or by the commanding officer when no such field officer is present," etc. In the corresponding article (the eleventh) of the Articles of War of 1806 the language was: "After a noncommissioned officer or soldier shall have been duly enlisted and sworn, he shall not be dismissed the service without a discharge in writing ; and no discharge granted to him shall be sufficient which is not signed by a field officer of the regiment to which he belongs or commanding officer when no field officer of the regiment is present," etc. The article of 1806 was almost word for word a repetition of article 2 of section 3 of the articles of 1776, as the latter was of article 2 of section 3 of the British articles of 1774, from which the American articles were copied. Among the offenses made punishable by the British mutiny act of 1774 is found a soldier's listing himself " in any other regiment, troop, or company, without a discharge produced, in writing, from the colonel, or, in his absence, the field officer commanding in chief the regiment, troop, or company in which he last served as a listed soldier — " which will be recognized as relating to the same subject with our present twenty-ninth article of war. ^ This provision of the mutiny act can be traced back to 1716, when it ap- peared in the following words : " Or being a soldier actually listed in any regi- ment shall list himself into any other regiment without a discharge from the first regiment." In 1717 it was : '* Or being a soldier actually listed in any regi- ment shall list privately in another without discharge." The article of war at this time (1717) was as follows: " No noncommissioned officer, or soldier, shall leave his troop or company and inlist himself in any other regiment, troop, or company without a dis- charge from the commanding officer of the regiment in which he last served under pain of being reputed a deserter, and suffering death for it, or such other punishment as a court-martial shall inflict. "And in case any officer shall knowingly receive or entertain any such non- commission officer or soldier; upon proof made thereof before a general court- martial, he shall be cashiered. " Nor shall any discharge granted to any noncommissioned officer or soldier be allowed of as sufficient unless signed by a field officer of the regiment whence such soldier was dismissed." This appears to have been the first article of war which required a discharge in writing. (Clode Mil. & Mar. Law, 2d Ed. p. 260, n.) In the articles of war of William and Mary, of 1692, there was an article which read as follows : " No commission officer, after enrollment and being mustered, shall be dis- missed or cashiered without order from His Majesty, the general, or com- mander in chief for the time being, or a general court-martial. But the cap- tains with the approbation of their colonels or of the governors of the garri- son where they are, may discharge any noncommission officer or private soldier when they find cause, taking other noncommission officer or private soldier in their places; provided that such colonel or governor shall forthwith certify the same to the commissary general of the musters, that (by their approba- tion) such noncommission officers or soldiers were discharged, and others taken in their places respectively, and in quarters and garrisons where there are only single troops or companies the captains' certificates are forthwith to be sent MILITAEY LAWS OF THE UNITED STATES. 617 Art. 109. Oath of erdistment. — At the time of his enlistment every soldier shall take the following oath or affirmation : " I, , do solemnly swear (or affirm) that I will bear true faith and alle- giance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to tlie Bides and accepted by the commissary general, expressing the day of each noncommis- sion ofiicer's and soldier's discharge or death, and who hath been entertained in his place." This article contained no requirement of a discharge in writing. In a celebrated case — Grant v. Gould — decided in 1792, Lord Loughborough ^laid : "A person in pay as a soldier is fixed with the character of a soldier, and if once he becomes subject to the military character he never can be released but by a regular discharge." By " regular discharge " it has been understood tliat Lord Loughborough meant discharge in writing. Accepting this as correct, there is an important fact to be taken into consideration in connection with Lord Loughborough's ruling, namely, that at that time, as well as in 1717, when v/hat was probably the original article was adopted, enlistments were for life. Under Queen Anne a three years' term was general ; under the special circum- stances of 1745 men were enlisted for two years ; and in 1759 and 1775 the term was three years, or till the end of the war. (Army Book of the British Em- pire, p. 17.) And again in 1793 enlistments were for a limited time. But in 1792, as well as in 1717, they were for life, and it was with reference to this fact that Lord Loughborough's frequently cited decision Avas rendered. It might be held that on account of this fact a peculiar meaning attached to the article of war which could not be given to it when enlistments were for lim- ited terms. Clode says : " It must not be supposed that the ' discharge ' is the only test of status. In was held so to be in Grant v. Gould, but then the enlist- ment being for life, the onus of proof rested on the enlisted soldier to prove his discharge." (Clode, p. 260.) In speaking of the "discharge" as a test of status he meant the discharge in writing or certificate of discharge. The present law and practice in regard to this subject in Great Britain is thus explained in the " British Manual of Military Law," issued from the War Office : " The terms of the enlistment of a soldier, since he has been enlisted directly by the Crown, have always been to serve the Sovereign so long as his services are required, within the period for which he agrees to serve; consequently the Sovereign has always had power to discharge the soldier. But a soldier can not be discharged except by order of the Sovereign or by statutory power, such as the sentence of a court martial, to which is added in the Army act an * order of the competent military authority.' "A soldier on his discharge is entitled to receive a certificate of discharge, so as to show that he is properly discharged and is not a deserter." This clearly shows the difference between the act of discharge and the certifi- cate of discharge, and may be accepted as a correct statement of the law, ex- cept, perhaps, when enlistments were for life. The history of the article does not, therefore, require the construction that the delivery of a certificate of dis- charge is necessary to a valid discharge and that a soldier can not get out of service without a written discharge. Nor will an application of the well- established rules of construction lead to such a conclusion. Whatever may have been the meaning of the article when the term of service was for life, it seems clear that when the enlistment is for a term of years only, and the soldier, therefore, has a legal right to his discharge on the expiration of the term, this right can not be set at naught by his forcible retention in the service. If this should be attempted, he would be protected by the (Federal) civil courts, who would not hesitate to release him from the military service on a writ of habeas corpus, without any regard to a military discharge. But the military discharge in writing is prescribed as a regular procedure in terminating the service, and its issuance is, therefore, an act done in the per- formance of a public duty; and the most reasonable construction of the 4th Article of War is that it is a direction as to the manner of performing a public 618 MILITAEY LAWS OF THE UNITED STATES. and Articles of "War." This oath or affirmation may be taken before any officer.^ Art. 110. Certain artwles to he read and explained. — Articles one, two, and twentj^-nine, fifty-four to ninety-six, inclusive, and one hundred and four to one hundred and nine, inclusive, shall be read and explained to every soldier at the time of his enlistment or muster in, or within six days thereafter, and shall be read and explained once every six months to the soldiers of every garrison, regiment, or com- pany in the service of the United States. Art. 111. Copy of record of trial. — Every person tried by a general court-martial shall, on demand therefor, made by himself or by any person in his behalf, be entitled to a copy of the record of the trial.^ Art. 112. Effects of deceased persons — Disposition of. — In case of the death of any person subject to military law, the command- ing officer of the place or command will permit the legal representa- tive or widow of the deceased, if present, to take possession of all his effects then in camp or quarters, and if no legal representative or widow be present the commanding officer shall direct a summary court to secure all such effects; and said summary court shall have authority to convert such effects into cash, by public or private sale, not earlier than thirty days after the death of the deceased, and to collect and receive any debts due decedent's estate by local debtors ; and as soon as practicable after converting such effects into cash said summarj^ court shall deposit with the proper officer, to be designated ' act, and that, in the absence of language making it impossible to give it this meaning, it is to be regarded as directory only. For the foregoing reasons and in consideration of long-established practice, held, that a certificate of discharge is not necessary to a discharge, but that a soldier may be discharged without a certificate or before he is furnished with a certificate, upon notice actual or constructive, and that when volunteers are mustered out it is that act that separates them from the service. From report of Judge Advocate General, January 2, 1901. (See Card 9556— W. D. Cir., Feb. 15, 1901.) As to discharge by purchase or on account of dependent parent, see para. 1044, 1044a, ante. For decisions upon discharge, see Dig. Op., J. A. G., pp. 433-463. *The taking of the oath prescribed by this article is not an essential to the validity of an enlistment. It is, however, an almost invariable part of a regular formal enlistment, and in the absence of any provision in our law defining in what an enlistment shall consist, it is important that it should not be omitted for the reason that the oath as taken and subscribed by the party constitutes the regular and in some cases the only legal written evidence that the personal act of enlisting has been completed by him. Dig. of J. A. G. 603 lA 2 and 602, note 1. See Grimley's case (137 U. S. 147), in which it was held that the oath of allegiance was the pivotal fact which changed the status from that of civil- ian to soldier. Section 11 of the act of August 3, 1861 (12 Stat. 289), conferred authority to administer the oath of allegiance upon any commissioned officer of the Army. The statement in regard to age, incorporated in the printed blank which con- tains the form of oath prescribed by this article, is no part whatever of the legal oath. (Dig. Op. J. A. G. 603 I A 2a.) As to the method of enlistment in the case of volunteers, see Dig. Op. J. A. G. 604, note 3. ' See Dig. Op. J. A. G., 178 CXIV A. MILITARY LAWS OF THE UNITED STATES. 619 in regulations, any cash belonging to decedent's estate, and shall transmit a receipt for such deposit, accompanied by any will or other papers of value belonging to the deceased, an inventory of the eifects secured by said summary court, and a full account of his transactions to the War Department for transmission to the Auditor for the War Department for action as authorized by law in the settlement of the accounts of deceased officers or enlisted men of the Army; but if in the meantime the legal representative, or widow, shall present himself or herself to take possession of decedent's estate the said summary court shall turn over to him or her all effects not sold and cash belonging to said estate, together with an inventory and account, and make to the War Department a full report of his transactions.^ The provisions of this article shall be applicable to inmates of the United States Soldiers' Home who die in any United States military hospital outside of the District of Columbia where sent from the home for treatment. Art. 113. Inquests. — When at any post, fort, camp, or other place garrisoned by the military forces of the United States and under the exclusive jurisdiction of the United States any person shall have been found dead under circumstances which appear to require inves- tigation the commanding officer will designate and direct a summary court-martial to investigate the circumstances attending the death ; and for this purpose such summary court-martial shall have power to summon witnesses and examine them upon oath or affirmation. He shall promptly transmit to the post or other commander a report of his investigation and of his findings as to the cause of the death. Art. 114. Authority to administer oaths, — Any judge advocate or acting judge advocate, the president of a general or special court-martial, any summary court-martial, the judge advocate or any assistant judge advocate of a general or special court-martial, the president or the recorder of a court of inquiry or of a military board, any officer designated to take a deposition, any officer detailed to conduct an investigation, and the adjutant of any command shall have power to administer oaths for the purposes of the administra- tion of military justice and for other purposes of military adminis- tration ; and in foreign places where the Army may be serving shall have the general powers of a notary public or of a consul of the United States in the administration of oaths, the execution and ac- knowledgment of legal instruments, the attestation of documents, and all other forms of notarial acts to be executed by persons sub- ject to military law. * See the title " Deceased officers," in the chapter entitled " Commissioned officers." 620 MILITARY LAWS OF THE UNITED STATES. Art. 115. Appointnhent of reporters and interpreters. — Under such regulations as the Secretary of War may from time to time prescribe, the president of a court-martial or military commission, or a court of inquiry shall have power to appoint a reporter, who shall record the proceedings of and testimony taken iDefore such court or commission and may set down the same, in the first instance, in shorthand. Under like regulations the president of a court-mar- tial or military commission, or court of inquiry, or a summary court, may appoint an interpreter, who shall interpret for the court or commission. Art. 116. Potuers of assistant judge advocates. — An assistant judge advocate of a general court-martial shall be competent to perform any duty devolved by law, regulation, or the custom of the service upon the judge advocate of the court. Art. 117. Removal of civil suits. — When any civil suit or crimi- nal prosecution is commenced in any court of a State against any officer, soldier, or other person in the military service of the United States on account of any act done under color of his office or status, or in respect to which he claims any right, title, or authority under any law of the United States respecting the military forces thereof, or under the law of war, such suit or prosecution may at any time before the trial or final hearing thereof be removed for trial into the dis- trict court of the United States in the district where the same is pending in the manner prescribed in section thirty-three of the Act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March third, nineteen hundred and eleven, and the cause shall thereupon be entered on the docket of said district court and shall proceed therein as if the cause had been originally commenced in said district court and the same proceedings had been taken in such suit or prosecution in said district court as shall have been had therein in said State court prior to its removal, and said district court shall have full power to hear and determine said cause. Art. 118. Officers — Separation from service. — No officer shall be discharged or dismissed from the service except by order of the President or by sentence of a general court-martial; and in time of peace no officer shall be dismissed except in pursuance of the sentence of a court-martial or in mitigation thereof ; but the President may at any time drop from the rolls of the Army any officer who has been absent from duty three months without leave or who has been absent in confinement in a prison or penitentiary for three months after final conviction by a court of competent jurisdiction.^ ^ So an unauthorized dismissal, by order of a regular officer, may be in effect made operative by a subsequent appointment and confirmation of a successor, as in Blake's case. (Dig. Op. J. A. G., par. 1206, ed. 1901.) Held that it could not affect the operation of an order sunnnarily dismissing an officer as " second lieutenant " that, before its being communicated to him MILITARY LAWS OF THE UNITED STATES. 621 Art. 119. Rank and precedence among regulars^ militia^ and vol- unteers, — That in time of war or public danger, when two or more officers of the same grade are on duty in the same field, department, or command, or of organizations thereof, the President may assign the command of the forces of such field, department, or command, or of any organization thereof, without regard to seniority of rank in the same grade. In the absence of such assignment by the President, officers of the same grade shall rank and have precedence in the fol- lowing order, without regard to date of rank or commission as between officers of different classes, namely: First, officers of the Regular Army and officers of the Marine Corps detached for service with the Army by order of the President ; second, officers of forces drafted or called into service of the United States; and, third, officers of the volunteer forces : Provided^ That officers of the Regular Army hold- ing commissions in forces drafted or called into the service of the United States or in the volunteer forces shall rank and have prece- dence under said commissions as if they were commissions in the Regular Army ; the rank of officers of the Regular Army under com- missions in the National Guard as such shall not, for the purposes of this article, be held to antedate the acceptance of such officers into the service of the United States under said commissions. Art. 120. Command when different corps or commands happen to join, — When different corps or commands of the military forces of by being promulgated to the regiment, he had become by promotion a first lieutenant. (Id., par. 1211.) Where, by the direction of the President, an order was issued canceling the muster-in of a volunteer officer on account of facts indicating that he was not a fit person to hold a commission, held that this was a legal exercise of the authority of summary dismissal for cause vested in the President by the act of July 17, 1862. (Id., par. 1210.) The President had not the same power of dismissal in the case of a volunteer officer as he has in that of a regular officer. This for the reason that the tenure of office of the former is for a fixed term and for a limited time only ; the power to dismiss is thus, in his case, not an incident of the appointing power. But the President was invested with a special power of dismissal of volunteer officers by the act of Congress of July 17, 1862. (Id., par. 1210.) Held that the ruling in Blake's case (103 U. S. 231) was applicable, and that the office of an army officer might legally be vacated by the appointment and commission of a successor, although between the office of the original officer and that of the successor there may have intervened a tenure by a third officer. (Id., par. 1207.) Thus (1) Captain A was dismissed from his office without legal authority; (2) Captain B, an unassigned officer, was assigned to the captaincy of A, and held it till his own resignation, one year and three months later; (3) Lieutenant C was then promoted and appointed to the office and his appointment was con- firmed. Held that Lieutenant C was the legal incumbent of the office. (Id., par. 1207.) Held that the ruling of the Supreme Court in the case of Blake was not applicable to volunteer officers of State organizations, and that a governor of a State, who had duly appointed a certain volunteer officer in a regiment, was not empowered to dismiss him by simply appointing to the same office, commission- ing, and causing to be mustered into the United States service another person. (Id., par. 1208.) See also Dig. Op. J. A. G. 819. 2 a to 821, 2 f; 849 I A 1 a ; also Military Law and Precedents, Winthrop, 1143-1173. 622 MILITARY LAWS OF THE UNITED STATES. the United States happen to join or do duty together the officer highest in rank of the line of the Eegular Army, Marine Corps, forces drafted or called into the service of the United States or Vol- unteers, there on duty, shall, subject to the provisions of the last preceding article, command the whole and give orders for what is needful in the service, unless otherwise directed by the President.^ Art. 121. Complaints of wrongs, — Any officer or soldier who be- lieves himself wronged by his commanding officer, and, upon due application to such commander, is refused redress, may complain to the general commanding in the locality where the officer against whom the complaint is made is stationed. The general shall examine into said complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, transmit to the Departwent of War a true statement of such complaint, with the proceedings had thereon.^ Date when Act shall take effect. — The provisions of section three of this Act shall take eifect and be in force on and after the first day of March, nineteen hundred and seventeen: Provided^ That articles four, thirteen, fourteen, fifteen, twenty -nine, forty-seven, forty-nine, and ninety-two shall take effect immediately upon the approval of this Act. Sec, i, Act of Aug. 29, 1916 {39 Stat, 670), Punishment of offenses committed and enforcement of perialties, etc, imposed prior to taking effect of Act, — ^All offenses committed and all penalties, forfeitures, fines, or liabilities incurred prior to the taking effect of this Act, under any law embraced in or modified, changed, or repealed by this Act, may be prosecuted, punished, and enforced in the same manner and with the same effect as if this Act had not been passed. Sec. 5, Id. ' See also Dig. Op. J. A. G. 179-CXXII. * The right in charges and appeals is not to be exercised in anj^ mode or style the subordinate pleases, but with some reasonable circumspection, and in good faith, and in subjection to the controlling law of discipline, which, to sustain military authority, requires obedience and forbids disobedience to commanding officers. These rights, and the mode of exercising them, have been well and carefully defined in the General Order from the War Department of No. 16 of 1851. Under color of charges or appeals, a subordinate has no right to avail himself of the opportunity to behave with contempt to his commanding officer. Where such a case is alleged in the specifications, a court-martial will entertain and try the charge. (G. O. No. 1 A. G. O. 1856.) In the case of Bvt. Maj. Henshaw, tried by court-martial in 1856 for disrespect to his commanding officer, Maj. Andrews, Seventh Infantry, the conduct of Maj. Andrews was thus remarked on by the Secretary of War : "An experienced officer who had served with him (Major A.) admits his treatment of his men to be harsh and violent and his conduct very reprehensible in this respect. This was the considerate testimony of a friendly witness, and is such evidence of the fact as calls for a decided expression of the opinion of the President. A commanding officer has no right to be insulting, harsh, or abusive to those in his command. Both officers and enlisted men are equally entitled to be pro- tected from ill-treatment by him. An officer who commits such offenses is wanting in some of the essential qualifications for command, and it is to be regretted that a thorough investigation of this matter was not made by putting Maj. Andrews on trial. (G. O. No. 1, A. G. C, 1851.) SUPPLEMENT 623 CHAPTER I. THE PRESIDENT. Par. r Par. Threats against the President, Detail of clerks to the Execu- punishment for la tive Office 12a la. Threats against the President^ punishment for. — Any person who knowingly and willfully deposits or causes to be deposited for conveyance in the mail or for delivery from any post office or bj any letter carrier any letter, paper, writing, print, missive, or docu- ment containing any threat to take the life of or to inflict bodily harm upon the President of the United States, or who knowingly and willfully otherwise makes any such threat against the President, shall upon conviction be fined not exceeding one thousand dollars or imprisoned not exceeding five years, or both. Act of Feh H^ 1917 {Pub, No, 319, 39 Stat. — ). 12a. Details of clerks to the Executive Office. — Employees of the executive departments and other establishments of the executive branch of the Government may be detailed from, time to time to the office of the President of the United States for such temporary assist- ance as ma}^ be necessary. Act of May 10, 1916 {39 Stat. 76). 92061°— 17 40 625 CHAPTER II. EXECUTIVE DEPARTMENTS IN GENEEAL. Par. Lump-snm appropriations, pay- ment of additional salaries from, forbidden - S5a Officers and employees of execu- tive departments, etc., estab- lished and to continue from year to year 40^ Bureau of Efficiency 40b-40j Created as independent estab- lishment 40b Duties relating to efficiency rat- ings transferred to 40c Sf.me — Establish and maintain system of efficiency ratings, in- vestigate duplication of work, etc ._ 40d Same — Investigate methods of auditing accounts of disburs- ing officers, etc 40e Same — Investigate and report upon methods of transacting business in Civil Service Com- mission 40f Same — Ascertain rates of pay of State and municipal em- ployees 40g Same — Executive departments to furnish information, access to records, etc 40h Same — Investigate classification, salary, and efficiency of em- ployees of executive depart- ments, etc 40i Same — Investigate and report upon duplication of service in executive departments, etc 40 j Increased compensation at rate of 10 and 5 per cent to em- ployees of certain grades 44a Compensation for injuries to Federal employees 66a-06111 Par. No compensation for injuries from certain causes 66a No compensation during first three days of disability 66b Compensation for total dis- ability 66c Compensation for partial dis- ability 66d ^Same — Compensation ceases on refusal to perform suitable work 66e Maximum and minimum com- pensation for total disability, and maximum compensation for partial disability 66f During receipt of compensation to receive no other salary or pay from United States, ex- cept for services rendered or as Army or Navy pension 66g Compensation may begin four days after expiration of an- nual or sick leave . 66h Injured employees entitled to reasonable medical, surgical, and hospital services and sup- plies 66i Death resulting from injury within six years, rates of pay_ 66j Same — To widow, if there is no child 66k Same — To the widower, if there is no child 661 Same — To the widow or wid- ower, if there is a child, and to minor child 66m Same — To children in absence of widow or widower 66a Same — To dependent parents in absence of widow, widower, or child 66o 627 628 MILITARY LAWS OF THE UNITED STATES. Par. Same — Application of; detailed reports to Congress 44b Same — To dependent parents where there is widow, wid- ower, or child 66p Same — To dependent brothers, sisters, grandparents, and . grandchildren in absence of widow, widower, child, or de- pendent parent 66q Same — To dependent brothers, - sisters, grandparents, and grandchildren where there is widow, widower, child, or de- pendent parent 66r Same — Duration of compensa- tion under clauses E and F 66s Same — Definition of terms child, brother, sister, parent, widow, widower, etc 66t Compensation of remaining per- sons where compensation of one person ceases 66u Commission may modify appor- tionment to avoid injustice when made to two or more classes 66v Same — Total monthly compensa- tion not to exceed monthly pay at a maximum of .$100 and a minimum of $50 66w Same — Penalty for accepting compensation after right to ceases ^ 66x Burial expenses of employees dy- ing from injuries, and trans- portation of their remains 66y Practice of particular branch of service to be followed in com- puting monthly pay ; overtime pay not to be counted 66z Partial disability, method of de- termining employee's wage- earning capacity 66aa Lump-sum payment in certain cases in lieu of monthly com- pensation, method of deter- mining amount of 66bb Written notice of injury to em- ployee, time limit for giving 66cc Same — Information w^hich no- tice shall contain 66dd Par. Same — Failure to give notice within time limit may be waived for cause 66ee Claim for compensation, time limit for, and method of mak- ing 66ff Same — To be made on forms, accompanied by certificate, etc 66gg Same — Original claims for dis- ability and death, time limit- 66hh Examination of employees re- ceiving compensation, method of making, and penalty for re- fusal to submit to 6611 Same — Appointment of third physician to examine in case of disagreement between phy- sicians of commission and em- ployee 66jj Same — Fees for examinations on part of United States to be fixed by commission 66kk Report of injury to be made to commission by employee's superior 6611 No payment to assignee or cred- itor 66mm Injury involving claim against third person, etc., assignment of, to United States 66nn Same — Penalty for failure to as- sign or to prosecute claim in own name 66oo Same — Disposition by United States of money received in settlement of such claim 66pp Money received by beneficiary in settlement of third person's liability for the injury, dispo- sition of 66qq Same — If compensation has been paid in whole or in part by United States 66rr Same — If no compensation has been paid by United States 66ss United States Employees' Com- pensation Commission, compo- sition, term, and salary of 66tt Same — Pending claims trans- ferred to the commission, to- gether with certain clerks 66uu MILITARY LAWS OF THE UNITED STATES. 629 Par. Commission authorized to issue process, administer oaths, etc_ 66vv Same — Assistants, clerks, and other employees 66ww Commission to submit annual e.sitimates 66xx Same — To make rules and regu- lations Tor enforcement of, and to decide questions aris- ing under Act 66yy Same — Annual report to Con- gress 66zz Appropriation for expenses of commission, fiscal year 1917 66aaa Permanent appropriation for em- ployees' compensation fund 66bbb Commission to make finding of facts and award on claim pre- sented 66ccc Same — Review of award on ap- plication or on its own mo- tion 66ddd Same — Cancellation and recov- ery of award paid under mis- take of law or fact— 66eee Penalty for false affidavit or statement in support of claim_ 66fff Definition of terms used in Act- 66ggg Repealing clause . 66hhh Compensation for injuries oc- > curring prior to passage of ^ Act to be paid under old law_ 66iii Compensation, method of pay- ^ ing, where liability exists in Panama Railroad Co. for the injury 66jjj Transfer of administration of Act as to employees of Pan- ama Canal and Alaska Engi- neering Commission 66kkk Waiver of notice of claims as to employees of Panama Canal and Panama Railroad Co. ; modification of minimum limit as to aliens, etc 66111 Par. Authorized to exchange type- writers, adding machines, and other labor-saving devices 75a Subscriptions for periodicals for executive departments 77a Business methods — Restriction on payments to experts to in-_ augurate new, etc 8ia Purchases of passenger-carrying vehicles restricted to specific authorization 82a Estimates of appropriations, of- ficial to be designated to su- pervise and prepare for each department, etc 87a Special or additional estimates, transmission of, to Congress.. 91a Estimates for lump-sum appro- priations, statements required in annual Book of Estimates- 96a Same — To be submitted accord- ing to uniform and concise - methods QQ\y Report to Congress plans for improvement of harbors, etc., to facilitate operation of fleets for their defense 98a Rented buildings. District of Co- lumbia, statement to include details of floor space, etc„_ 99a Annual reports of American Na- .^ tional Red Cross 104a Same — Period covered by , changed from calendar to fis- cal year I04b Annual reports, date for fur- ' ^ nishing to printer, etc 106a Joint Committee ou Printing, continuance of, vacancies in, and powers of, during recess_ 114a Public library depositaries to receive publications, etc. ; new designations authorized- 125a Forging, etc., certificate of dis- charge _• 131a 35a. Lump-sum appropriations, payment of additional salaries to employees from, forbidden. — It shall not be lawful hereafter to pay to any person, employed in the service of the United States under any general or lump-sum appropriation, any sum additional to the regular compensation received for or attached to any employment held prior to an appointment or designation as acting for or instead 630 MILITARY LAWS OF THE UIains. — If death- results from the injury within six years the United States shall pay to the personal representative of the deceased employee burial expenses not to exceed $100, in the discretion of the commission. In the case of an employee whose home is within the United States, if his death occurs away from his home office or outside of the United States, and if so desired by his relatives, the body shall, in the discretion of the commis- sion, be embalmed and transported in a hermetically sealed casket to the home of the employee. Such burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than one year after the cessation of disability resulting from such injury, or, if there has been no disability preceding death, more than one year after the injury. Sec. 11^ id. 66z. Practice of particular hraneh of service to he followed in computing monthly pay; overtime pay not to he ccmnted. — In com- puting the monthly pay the usual practice of the service in which the employee was employed shall be followed. Subsistence and the value of quarters furnished an employee shall be included as part of the pay, but overtime pay shall not be taken into account. Sec. 12, id. 7^6. 66aa. Partial disability^ method of determining employee's loage- eaming capacity. — In the determination of the employee's monthly wage-earning capacity after the beginning of partial disability, the value of housing, board, lodging, and other advantages which are received from his employer as a part of his remuneration and which can be estimated in money shall be taken into account. Sec. 13, id. 66bb. Lu/mp-sum payment in certain ca^es in lieu of monthly com- pensation, mMhod of determining amount of. — In cases of death or of permanent total or permanent partial disability, if the monthly payment to the beneficiary is less than $5 a month, or if the bene- ficiary is or is about to become a nonresident of the United States, or if the commission determines that it is for the best interests of the beneficiary, the liability of the United States for compensation to such beneficiary may be discharged by the payment of a lump sum equal to the present value of all future payments of compensa- tion computed at four per centum true discount compounded annu- ally. The probability of the beneficiary's death before the expiration of the period during which he is entitled to compensation shall be de- termined according to the American Experience Table of Mortality ; but in case of compensation to the widow or widower of the de- ceased employee, such lump sum shall not exceed sixty months' com- pensation. The probability of the happening of any other con- 638 MILITARY LAWS OF THE UNITED STATES. tingency affecting the amount or duration of the compensation shall be disregarded. Sec. IJf, id, 66cc. Written notice of injury to employee^ time limit for giving, — Every employee injured in the performance of his duty, or some one on his behalf, shall, within forty-eight hours after the injury, give written notice thereof to the immediate superior of the employee. Such notice shall be given by delivering it personally or by deposit- ing it properly stamped and addressed in the mail. Sec, 15^ id, 66dd. Sanne — Information which notice shaU contain, — The notice shall state the name and address of the employee, the year, month, day, and hour when and the particular locality where the injury occurred, and the cause and nature of the injury, and shall be signed by and contain the address of the person giving the notice. Sec, 16, id, 66ee. Same — FaUwre to gii^e notice within time limit may he waived for cause. — Unless notice is given within the time specified or unless the immediate superior has actual knowledge of the injury, no compensation shall be allowed, but for any reasonable cause shown, the commission may allow compensation if the notice is filed within one year after the injury. Sec, 17, id, 66ff. Claim for compensation, time limit for and method of Tnak- ing, — No compensation under this Act shall be allowed to any person, except as provided in section thirty-eight, unless he or some one on his behalf shall, within the time specified in section twenty, make a written claim therefor. Such claim shall be made by delivering it at the office of the commission or to any commissioner or to any person whom the commission may by regulation designate, or by depositing it in the mail properly stamped and addressed to the commission or to any person whom the commission may by regulation designate. Sec, 18, id, GGgg". Same — To he made on forms, a/icom^va/aied hy certificate^ etc. — ^Every claim shall be made on iorms tp be furnished by the commission and shall contain all the information required by the commission. Each claim shall be sworn to by the person entitled to compensation or by the person acting on his behalf, and, except in case of death, shall be accompanied by a certificate of the employee's physician stating the nature of the injury and the nature and prob- able extent of the disability. For any reasonable cause shown the commission may waive the provisions of this section. Sec. 19, id. 66hh. Same — Original claims for disahility and death, time limit. — • All original claims for compensation for disability shall be made within sixty days after the injury. All original c)aims for compen- sation for death shall be made within one year after the death. For any reasonable cause shown the commission may allow original MILITARY LAWS OF THE UNITED STATES. 639 claims for compensation for disability to be made at any time within one year. Sec, 20, id. 7Jf7. 66ii. Exarmnation of employees receiving compensation, method of making, and penalty for refusal to submit to. — After the injury the employee shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the commission. The employee may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations after the first the employee shall, in the discretion of the commission, be paid his reasonable traveling and other expenses and loss of wages in- curred in order to submit to such examination. If the employee refuses to submit himself for or in any way obstructs any examina- tion, his right to claim compensation under this Act shall be sus- pended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and the period of such refusal or obstruction shall be deducted from the period for which compensation is payable to him. Sec, 21, id, 66jj. SaTne — Appointment of third physician to examine in case of disagreement between physicians of commission and employee. — In case of any disagreement between the physician making an ex- amination on the part of the United States and the employee's physician the commission shall appoint a third physician, duly qualified, who shall make an examination. Sec, 22, id, 66kk. Same — Fees for examinations on part of Urdted States to be fixed by commission. — Fees for examinations made on the part of the United States under sections twenty-one and twenty-two by physicians who are not already in the service of the United States shall be fixed by the commission. Such fees, and any sum payable to the employee under section twenty-one, shall be paid out of the appropriation for the work of the commission. Sec, 23, id. 6611. Report of injury to be made to commission by employee'^s superior. — Immediately after an injury to an emploj^ee resulting in his death or in his probable disability his immediate superior shall make a report to the commission containing such information as the commission may require, and shall thereafter make such supple- mentary reports as the commission may require. Sec, 2Jf, id. 66miii. No payment to assignee or creditor, — ^Any assignment of a claim for compensation under this Act shall be void, and all com- pensation and claims therefor shall be exempt from all claims of creditors. Sec, 25, id, 66nn. Injury involving clmm against third person, etc, assign- ment of to United States, — If an injury or death for which compen- 640 MILITARY LAWS OF THE UNITED STATES. sation is payable under this Act is caused under circumstances cre- ating a legal liability upon some person other than the United States to pay damages therefor, the commission may require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other person or any right which he may have to share in any money or other property received in satis- faction of such liability of such other person, or the commission may require said beneficiary to prosecute said action in his own name. Sec'. 26, id. 6600. Same — Penalty for failure to assign or to prosecute claim in own name. — If the beneficiary shall refuse to make such assign- ment or to prosecute said action in his own name when required by the commission, he shall not be entitled to any compensation under this Act. Id. 66pp. Same — Disposition hy United States of money received in settlement of such claim. — The cause of action when assigned to the United States may be prosecuted or compromised by the commission, and if the commission realizes upon such cause of action, it shall apply the money or other property so received in the following man- ner : After deducting the amount of any compensation already paid to the beneficiary and the expenses of such realization or collection, which, sum shall be placed to the credit of the employees' compen- sation fund, the surplus, if any, shall be paid to the beneficiary and credited upon any future payments of compensation payable to him on account of the same injury. Id. 66qq. Money received hy heneflciary in settlement of third per- son's liability for the injury, disposition of. — If an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability in some person other than the United States to pay damages therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting the costs of suit and a reason- able attorney's fee, apply the money or other property so received in the following manner. Sec. 27, id. 66rr. Same — If compensation has been paid in whole or in part hy United States. — If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensa- tion which has been paid by the United States and credit any surplus upon future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees' compensation fund. Id., clause A, 7J^8. MILITARY LAWS OF THE UNITED STATES. 641 66ss. Same — // no compensation has heen paid Ijij United States. — If no compensation has been paid to him by the United States, he ^hall credit the money or other property so received upon any com- pensation payable to him by the United States on account of the same injury. Id.^ clause B, 66tt. United States Enfiployees^ Compensation Commission, com- position, term., and salary of. — A commission is hereby created, i:o be known as the United States Employees' Compensation Commission, and to be composed of three commissioners appointed by the Presi- dent, by and with the advise and consent of the Senate, one of whom shall be designated by the President as chairman. No commissioner shall hold any other office or position under the United States. No more than two of said commissioners shall be members of the same political party. One of said commissioners shall be appointed for a term of two years, one for a term of four years, and one for a term of six years, and at the expiration of each of said terms the commis- sioner then appointed shall be appointed for a period of six years. Each commissioner shall receive a salary of $4,000 a year. The prin- cipal office of said commission shall be in Washington, District of Columbia, but the said commission is authorized to perform its work at any place deemed necessary by said commission, subject to the restrictions and limitations of this Act. Sec. 28, id. 66uu. SaTne — Pending claims transferred to the commission, to- gether with certain clerks. — Upon the organization of said commis- sion and notification to the heads of all executive departments that the commission is ready to take up the w^ork devolved upon it by this Act, all commissions and independent bureaus, by or in w^hich pay- ments for compensation are now provided, together with the adjust- ment and settlement of such claims, shall cease and determine, and such executive departments, commissions, and independent bureaus shall transfer all pending claims to said commission to be adminis- tered by it. The said commission may obtain in all cases, in addition to the reports provided in section twenty- four, such information and such reports from employees of the departments as may be agreed upon by the commission and the heads of the respective departments. All clerks and employees now exclusively engaged in carrying on said work in the various executive departments, commissions, and inde- pendent bureaus shall be transferred to and become employees of the commission at their present grades and salaries. Sec. 28a, id. 66w. Commission authorized to issue process, administer oaths\^ etc. — The commission, or any commissioner by authority of the com- mission, shall have power to issue subpoenas for and compel the attendance of witnesses within a radius of one hundred miles, to require the production of books, papers, documents, and other evi- 92061°— 17 41 642 MILITARY LAWS OF THE UXITED STATES. dence, to administer oaths, and to examine witnesses upon any matter within the jurisdiction of the commission. Sec. 29^ id. 66 WW. Same — Assistants^ clerks., and other employees. — The com- mission shall have such assistants, clerks, and other employees as may be from time to time provided by Congress. They shall be appointed from lists of eligibles to be supplied by the Civil Service Commission, and in accordance with the civil-service law. Sec, SO, id. 66xx. Cormrdssion to submit annual estimates. — The commission shall submit annually to the Secretary of the Treasury estimates of the appropriations necessary for the work of the commission. Sec, 31, id. 7Jf9. 66yy. Same — To make rules and regulations for enforcement of, and to decide questions arising under Act. — The commission is au- thorized to make necessary rules and regulations for the enforcement of this Act, and shall decide all questions arising under this Act. Sec. 32, id. 66zz. Same — Annual report to Congress. — The commission shall make to Congress at the beginning of each regular session a report of its work for the preceding fiscal year, including a detailed state- ment of appropriations and expenditures, a detailed statement show- ing receipts of and expenditures from the employees' compensation fund, and its recommendations for legislation. Sec. 33, id. 66aaa. Appropriation for expenses of commission, fiscal year 1917. — For the fiscal year ending June thirtieth, nineteen hundred and seventeen, there is hereby authorized to be appropriated, from any money in the Treasury not otherwise appropriated, the sum of $50,000 for the work of the commission, including salaries of the commissioners and of such assistants, clerks, and other employees as the commission may deem necessary, and for traveling ex- penses, expenses of medical examinations under sections twenty- one and twenty -two, reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, rent and equipment of offices, purchase of books, stationery, and other supplies, printing and binding to be done at the Government Printing Office, and other necessary expenses. Sec. SJf., id. 66bbb. Permanent appropriation for employees'^ compensation fund. — There is hereby authorized to be appropriated, from any money in the treasury not otherwise appropriated, the sum of $500,000, to be set aside as a separate fund in the Treasury, to be known as the employees' compensation fund. To this fund there shall be added such sums as Congress may from time to time appropriate for the purpose. Such fund, including all additions that may be made to it, is hereby authorized to be permanently appro- MILITARY LAWS OF THE UNITED STATES. 643 priated for the payment of the compensation provided by this Act, including the medical, surgical, and hospital services and supplies provided b}^ section nine, and the transportation and burial expenses provided by sections nine and eleven. The commission shall submit annually to the Secretary of the Treasury estimates of the appropria- tions necessary for the maintenance of the fund. Sec, 35^ id. 66ccc. Commission to m/ihe -finding of facts and award on^clcdm fresented, — The commission, upon consideration of the claim pre- sented by the beneficiary, and the report furnished by the immediate superior and the completion of such investigation as it may deem necessary, shall determine and make a finding of facts thereon and make an award for or against payment of the compensation provided for in this Act. Compensation when awarded shall be paid from the employees' compensation fund. Sec. 36, id. 66ddd. Same — Review of award on application or on its own rno- tion. — If the original claim for compensation has been made within the time specified in section twenty, the commission may, at any time, on its own motion or on application, review the award, and, in ac- cordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, award compensation. Sec. 37, id, 66eee. Sa7ne — Cancellation and recovery of award paid under mis- take of law or fact. — If any compensation is paid under a mistake of law or of fact, the commission shall immediately^ cancel any award under which such compensation has been paid and shall recover, as far as practicable, any amount which has been so paid. Any amount so recovered shall be placed to the credit of the employees' compen- sation fund. Sec. 38, id. 66f ff . Penalty for false affidavit or statement in support of claim. — Whoever makes, in any affidavit required under section four or in any claim for compensation, any statement, knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or by both such fine and imprisonment. Sec. 39, id. 66ggg. Definition of terms used in Act. — "WTierever used in this Act— The singular includes the plural and the masculine includes the feminine. The term " employee " includes all civil emploj^ees of the United States and of the Panama Railroad Company. The term " commission " shall be taken to refer to the United States Employees' Compensation Commission provided for in section twenty-eight. The term " physician " includes surgeons. 644 MILITARY LAWS OF THE UNITED STATES. The term " monthly pay " shall be taken to refer to the monthly pay^at the time of the injury. Sec. 40, id. 750. 66hhh. Repealing clause. — All acts or parts of acts inconsistent with this Act are hereby repealed. Sec. il, id. 66iii. Compensation for injuries occurring prior to passage of Act to he paid under old law. — For injuries occurring prior to the pas- sage of this Act compensation shall be paid under the law in force at the time of the passage of this Act. Id. 66jjj. Compensation, method of paying, where liability exists in Panama Railroad Company for the injury. — If an injury or death for which compensation is payable under this Act is caused under circumstances creating a legal liability in the Panama Railroad Com- pany to pay damages therefor under the laws of any State, Ter- ritory, or possession of the United States or of the District of Co- lumbia or of any foreign country, no compensation shall be pay- able until the person entitled to compensation releases to the Panama Eailroad Company any right of action which he may have to enforce such liability of the Panama Railroad Company, or until he assigns to the United States any right which he may have to share in any money or other property received in satisfaction of such liability of the Panama Railroad Company. Id. 66kkk. Transfer of administration of Act as to employees of Panama Canal and Alaska Engineering Commission. — The President may, from time to time, transfer the administration of this Act so far as employees of the Panama Canal and of the Panama Railroad Company are concerned to the governor of the Panama Canal, and so far as employees of the Alaskan Engineering Commission ane concerned to the chairman of that commission, in which cases the words " commission " and " its " wherever they appear in this Act shall, so far as necessary to give effect to such transfer, be read '* gov- ernor of the Panama Canal " or " chairman of the Alaskan Engineer- ing Commission," as the case may be, and " his " ; and the expenses of medical examinations under sections twenty-one and twenty-two, and the reasonable traveling and other expenses and loss of wages payable to employees under section twenty-one, shall be paid out of appropriations for the Panama Canal or for the Alaskan Engi- neering Commission or out of funds of the Panama Railroad, as the case may be, instead of out of the appropriation for the work of the commission. Sec. ^2, id. 66111. Waiver of notice of claims as to employees oj Panama Canal and Panama Railroad Company; modification of mimmum limit as to aliens, etc. — In the case of compensation to employees of the Panama Canal or of the Panama Railroad Company for temporary disability, either total or partial, the President may authorize the MILITABY LAWS OF THE UNITED STATES. 645 governor of the Panama Canal to waive, at his discretion, the mak- ing of the claim required by section eighteen. In the case of alien employees of the Panama Canal or of the Panama Eailroad Com- pany, or of any class or classes of them, the President may remove or modify the minimum limit established by section six on the monthly compensation for disability and the minimum limit established by clause (K) of section ten on the monthly pay on which death com- pensation is to be computed. The President may authorize the gov- ernor of the Panama Canal and the chairman of the Alaskan Engi- neering Commission to pay the compensation provided by this Act, including the medical, surgical, and hospital services and supplies i:>rovided by section nine and the transportation and burial ex- penses provided by sections nine and eleven, out of the appropria- tions for the Panama Canal and for the Alaskan Engineering Com- mission, such appropriations to be reimbursed for such payments by the transfer of funds from the employees' compensation fund. Id* 75a. Authorized to exchange typewHters^ adding machines^ and other labor saving devices, — The executive departments and other Government establishments and all branches of the public service may hereafter exchange typewriters, adding machines, and other similar labor saving devices in part payment for new machines used for the same purpose as those proposed to be exchanged. There shall be submitted to Congress, on the first day of the session follow- ing the close of each fiscal year, a report showing, as to each exchange hereunder, the make of the article, the period of its use, the allowance therefor, and the article, make thereof, and price, including exchange value, paid or to be paid for each article procured through such ex- change. Sec. 5, act of Mar. 4, 1915 {38 Stat. 1161). 77a. Subscriptions for periodicals for executive departments. — Hereafter subscriptions to periodicals, which have been certified in writing by the respective heads of the executive departments or other Government establishments to be required for official use, may be paid in advance from appropriations available therefor. Sec, 5, act of Mar. i, 1915 {38 Stat. 101^9). 81a. Business methods — Restriction on payments to experts to in- augurate new, etc. — No part of any money appropriated in this or any other Act shall be used for compensation or payment of expenses of accountants or other experts in inaugurating new or changing old methods of transacting the business of the United States or the District pf Columbia unless authority for the emploj^ment of such services or payment of such expenses is stated in specific terms in the Act making provision therefor and the rate of compensation for such services or expenses is specifically fixed therein, or be used for compensation of or expenses for persons, aiding or assisting such accountants or other experts, unless the rate of compensation of or 646 MILITARY LAWS OF THE UNITED STATES. expenses for such assistants is fixed by officers or employees of the United States or District of Columbia having authority to do so, and such rates of compensation or expenses so fixed shall be paid only to the person so employed. Sec. S, act of Apr. 6^ 19 H {38 Stat. 335). 82a. Purchases of passenger- carrying vehicles restricted to speciftc authorization. — Xo appropriation made in this or any other Act shall be available for the purchase of any motor-propelled or horse-drawn passenger-carrying vehicle for the service of any of the executive departments or other Government establishments, or any branch of the Government service, unless specific authority is given therefor, and after the close of the fiscal year nineteen hundred and fifteen there shall not be expended out of any appropriation made by Con- gress any sum for purchase, maintenance, repair, or operation of motor-propelled or horse-drawn passenger-carrying vehicles for any branch of the public service of the United States unless the same is specificall}^ authorized by law, and in the estimates for the fiscal year nineteen hundred and sixteen and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase, maintenance, repair, or operation of all motor-propelled or horse-drawn passenger-carrying vehicles, specifying the sums required, the public purposes for which said vehicles are intended, and the officials or employees by whom the same are to be used.^ Sec. o, act of July 16^ 1914 (^^ Stat. SOS) . 87a. Estimates of appropHations^ official to he designated to super- vise and prepare for each department^ etc. — Hereafter the head of each executive department and other Government establish- ment shall, on or before July first in every fiscal year, designate from among the officials employed therein one person w^hose duty it shall be to supervise the classification and compilation of all es- timates of appropriations, including supplemental and deficiency estimates to be submitted b}^ such department or establishment. In the performance of their duties persons so designated shall have due regard for the requirements of all laws respecting the preparation of estimates, including the manner and time of their submission through the Treasury Department to Congress; they shall also, as nearly as may be practicable, eliminate from all such estimates un- necessary words and make uniform the language commonly used in expressing purposes or conditions of appropriations. Sec. 3^ act of June 23, 1913 (38 Stat. 75). 91a. Special or additional estimates^ transmission of, to Congress. — • The Secretary of the Treasury shall not hereafter transmit special ^ Held, that ordinary motorcycles are passenger-carrying vehicles within the prohibition of the act. (Comp. Treas., Sept. 8, 191G. War Dept. Bull. 39, Oct. 6, 1916.) MILITARY LAWS OF THE UNITED STATES. 647 or additional estimates of appropriations to Congress unless they shall conform to the requirements of section four of the Act ap- proved June twenty-second, nineteen hundred and six (Thirty- fourth Statutes, page four hundred and forty-eight). Sec. ^, act of Sept. 8, 1916 {39 Stat. 830). 96a. Estimates for lump-suTn appropHations^ statements required in annual Book of Estimates. — Section six of the sundry civil -appro- priation Act approved August twenty-fourth, nineteen hundred and twelve, is amended to read as follows : " Sec. 6. That there shall be submitted hereafter, in the annual Book of Estimates following every estimate for a general or lump- sum appropriation, except public buildings or other public works constructed under contract, a statement showing in parallel columns : " First, the number of persons, if any, intended to be employed and the rates of compensation to each, and the amounts contemplated to be expended for each of any other objects or classes of expenditures specified or contemplated in the estimate, including a statement of estimated unit cost of any construction work proposed to be done ; and " Second, the number of persons, if an}^, employed and the rate of compensation paid each, and the amounts expended for each other object or class of expenditure, and the actual unit cost of any con- struction work done, out of the appropriation corresponding to the estimate so submitted, during the completed fiscal year next pre- ceding the period for which the estimate is submitted. " Other notes shall not be submitted following any estimate em- braced in the annual Book of Estimates other than such as shall suggest changes in form or order of arrangement of estimates and appropriations and reasons for such changes." Sec. 10^ act of Aug. 1,19H {38 Stat. 680). 96b. Same — To he submitted according to uniform and concise methods. — The information required in connection with estimates for general or lump-sum appropriations by section ten of the sundry civil appropriation Act, approved August first, nineteen hundred and fourteen, shall be submitted hereafter according to uniform and concise methods which shall be prescribed by the Secretary of the Treasury, but with reference to estimates for pay of mechanics and laborers there shall be submitted in detail only the ratings and trades and the rates per diem paid or to be paid. Sec. 4, act of July i, 1916 {39 Stat. 336). 98a. Report to Congress plans for improvement of harhors^ etc.^ to facilitate operation of fleets for their defense. — The Secretary of War and the Secretary of the Navy are authorized and directed to report to Congress at the earliest practicable date ; 648 MILITARY LAWS OF THE UNITED STATES. First. Specific plans for improvement of the harbors and canals and connecting channels which, in their judgment, will best provide adequate facilities for operations of the fleet for defense of the harbors on the Atlantic, Gulf, and Pacific coasts of the United States. Second. The feasible extensions requisite to make existing approved projects for improvement of the aforementioned harbors, canals, and channels available for the purposes stated in the foregoing paragraph. Third. The cost of each such several improvements calculated upon the basis of completion thereof under contract within five years. Act of Aug. 29, 1916 (39 Stat. 618) . 9^9a. Rented buildings, District of Columbia, statement to include details of floor space, etc. — Hereafter the statement of buildings rented within the District of Columbia for use of the Government, required by the act of July sixteenth, eighteen hundred and ninety- two (Statutes at Large, volume twenty-seven, page one hundred and ninety-nine) ,^ shall indicate as to each building rented the area thereof in square feet of available floor space for Government uses, the rate paid per square foot for such floor space, the assessed valuation of each building, and what proportion, if any, of the rental paid includes heat, light, elevator, or other service. Sec. 3, act of May 1, 1913 {38 Stat. 3.) 104a. Annual reports of American National Bed Cross. — The said American National Red Cross shall, on the first day of January of each year, make and transmit to the Secretary of War a report of its proceedings for the preceding year, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the War Department, and a copy of said report shall be transmitted to Congress by the War De- partment. Sec. 6, act of Jan. 5, 1905 {33 Stat. 602). 104b. Same — Period covered by change from calendar to fiscal year. — Section six of the Act entitled "An Act to incorporate the American National Red Cross," approved January fifth, nineteen hundred and five, is hereby amended to read as follows : " Sec. (5. That the said American National Red Cross shall as soon as practicable after the first day of July of each year make and transmit to the Secretary of War a report of its proceedings for the fiscal year ending June thirtieth next preceding, including a full, complete, and itemized report of receipts and expenditures of what- ever kind, which report shall be duly audited by the War Depart- ' The act referred to, act of July 16, 1892 (27 Stat. 199), provides that " Here- after it shall be the duty of the Secretary of the Treasury to cause to be prepared and submitted to Congress each year, in the annual Book of Estimates of Appropriations, a statement of the buildings rented within the District of Columbia for the use of the Government, the purposes for which rented, and the annual rental of each." MILITARY LAWS OF THE UNITED STATES. 649 ment, and a copy of said report shall be transmitted to Congress by the War Department." Act of Feb, 27, 1917 (Pub. No, 362, 39 StaL — .) 106a. Anrmdl reports, date for furnishing to 'printer, etc, — Appro- priations herein and hereafter made for printing and binding shall not be used for any annual report or the accompanying documents unless the copy therefor is furnished to the Public Printer in the following manner: Copies of the documents accompanying such annual reports on or before the fifteenth day of October of each year; copies of the annual reports on or before the fifteenth day of November of each year ; complete revised proofs of the accompany- ing documents and the annual reports on the tenth and twentieth days of November of each year, respectively ; and all of said annual reports and accompanying documents shall be printed, made public, and available for distribution not later than within the first five days after the assembling of each regular session of Congress. The provi- sions of this section shall not apply to the annual reports of the Smithsonian Institution, the Commissioner of Patents, or the Comp- troller of the Currency. Sec. S, act of July 1, 1916 (39 Stat. 336). 114a. Joint Corrmdttee on Printing, continu^ince of, vacancies in^ and powers of during recess. — Hereafter the members of the Joint Committee on Printing who are reelected to the succeeding Congress shall continue as members of said committee until their successors are chosen : Provided, That the President of the Senate and the Speaker of the House of Representatives shall, on the last day of a Con- gress, appoint Members of their respective Houses who have been elected to the succeeding Congress to fill any vacancies which may then be about to occur on said committee, and such appointees and the members of said committee who shall have been reelected shall continue until their successors are chosen. The Joint Committee on Printing shall, when Congress is not in session, exercise all the powers and duties devolving upon said conunittee as provided by law, the same as when Congress is in session. Sec. 6, act of Mar. i, 1917 (Pub. No. 381, 39 Stat. —). 125a. Public library depositaries to receive publications, etc., new designations authorized. — Libraries heretofore designated by law as depositaries to receive books and other Government publications shall hereafter, during their existence, continue such receipt; and new designations may be made w^hen libraries heretofore chosen shall cease to exist or other designations shall hereafter be authorized by law. Sec. 5, act of June 23, 1913 (38 Stat., 75). 131a. Forging, etc., certificate of discharge. — Whoever shall forge, counterfeit, or falsely alter any certificate of discharge from the mili- 650 MILITAKY LAWS OF THE UNITED STATES. tary or naval service of the United States, or shall in any manner aid or assist in forging, counterfeiting, or falsely altering any such cer- tificate, or shall use, unlawfully have in his possession, exhibit, or cause to be used or exhibited, any such forged, counterfeited, or falsely altered certificate, knowing the same to be forged, counter- feited, or falsely altered, shall be fined not more than $1,000 or im- prisoned not more than one year, or both, in the discretion of the court. Act of Mar. 4, i917 {Puh, No. 391, 39 Stat, — ). CHAPTER IIL THE DEPARTMENT OF WAR. Par. Bureau of Insular Affairs, exist- ing law relating to organiza- tion of, not repealed 155a Claims for damage to and loss of private property, settle- ment of, by Auditor for War Department on recommenda- tion of Secretary of War 162a Par. Volunteer regiments mustered out authorized to retain colors- 149a Sale of Army transports Meade and Crook authorized 150a Reapportionment of space in the State, War, and Navy De- partment Building 154a !Same — No department or branch of the service to be ejected 154b iSame — Vacated rooms not to be used for museum purposes 154c 149a. Volunteer regiments mustered out authorized to retam colors. — The Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper official of the War Department a receipt from the quartermaster-general of said State that said colors have been deliv- ered to said State authorities. Act of Feb. 25, 1899 {SO Stat. 890), 150a. Sale of Army transports Meade and Crooh authorized, — Authority is hereby granted the Secretary of War to sell or other- wise dispose of, in accordance with law and regulations, the United States Army transports Meade and Crook. Act of Aug. 29, 1916 {39 Stat. 63 If). 154a. Reapportionment of space in the State, War, and Navy De- partTYient Building, — The commission in charge, or a majority of the members thereof, may at any time reapportion space among the departments now occupying the State, War, and Navy Department Building if the same can be done with a reduction of the amount of floor space occupied by any branch of the public service in said build- ing, the reduction or avoidance of public expense for rent of office or storage space for the Government, and the reduction of the number 651 652 MILITARY LAWS OF THE UNITT:D STATES. of watchmen required for said building from forty to not more than thirty-eight. Act of May 10, 1916 {39 Stat. 9 Jf). \ 154b. Same — No department or 'branch of the service to he ejected. — No arrangement of space made hereunder shall involve the ejectment from the building of any department or branch of the public service now occupying the same. Id. 154c. Same — Va-cated rooms not to be used for musevmi purposes. — No rooms vacated under any arrangement of space hereunder shall be used for museum purposes. Id. 155a. Bureau of Insular Affairs, existing laio relating to organiza- tion of not repealed. — Nothing in this Act shall be construed to re- peal existing laws relating to the organization of the Bureau of Insular Affairs of the War Department. Sec. H, act of June S^ 1916 {39 Stat. 176). 162a. Claims for dam, talion, and one field signal battalion, and such ammunition, supply, engineer, and sanitary trains as the President may deem necessary. A brigade, a division, an army corps, and an army headquarters shall consist of such officers, enlisted men, and civilians as the Presi- dent may prescribe. Each supply train, ammunition train, sanitary train, and engineer train shall consist of such officers and enlisted men and shall be organized as the President may prescribe, the line officers necessary therewith to be detailed under the provisions of sections twenty-six and twenty-seven. Act of Congress approved February second, nineteen hundred and one. Nothing herein con- tained, however, shall prevent the President from increasing or de- creasing the number of organizations prescribed for the typical brigades, divisions, and army corps, or from prescribing new and different organizations and personnel as the efficiency of the service may require.^ Sec. 3, act of June 3, 1916 (39 Stat 166), 362a. Pay to clerks^ Tnessengers^ and laborers at headquarters of several territorial departments^ territorial districts, tactical divisions and brigades, service schools, and office of the Chief of Staff. — One chief clerk, at the office of the Chief of Staff, $2,250 per annum ; three clerks, at $2,000 each per annum ; twelve clerks, at $1,800 each per annum; fifteen clerks, at $1,600 each per annum; thirty-eight * Held, That in the organization of brigade headquarters the above provision would not authorize the creation of any grade not known to the law, such as a suggested brigade sergeant major, but that the President in the organization of brigade, division, or Army corps headquarters may employ such enlisted men in the grades and within the numerical limits authorized by law, in addi- tion to those required for organizations, as he may determine to be necessary for the purpose, and may, therefore, include in the organization of a brigade headquarters as a part thereof and not detailed from any organization a sergeant major with the rank, pay, and allowances of whatever grade of sergeant major he may designate: And further, That he may also include in the organization of a brigade headquarters as personnel thereof and not per- taining to any other organization such enlisted men of. other grades authorized by law as he may deem necessary. (War Dept. Bull. 34, Sept. 12, 1916.) MILITARY LAWS OF THE UNITED STATES. 677 clerks, at $1,400 each per annum; seventy clerks, at $1,200 each per annum; sixty-five clerks, at $1,000 each per annum; six clerks (Filipinos), at $500 each per annum; one captain of the watch, at $900 per annum; three watchmen, at $720 each per annum; one gardener, at $720 per annum; one packer, at $840 per annum; two messengers, at $840 each per annum; fifty-nine messengers, at $720 each per annum; six messengers (Filipinos), at $800 each per an- num; one laborer, at $G60 per annum; two laborers, at $600 each per annum; five charwomen, at $240 each per annum. In all, $312,690. Additional pay while on foreign service, $9,000. Act of Mar. i, 1915 {38 Stat. 1067). 362b. Same — Increased pay for foreign service^ employment of Filipinos^ assignm^ent to duty in War Department. — On and after July jfirst, nineteen hundred and fourteen, the pay of clerks and messengers at headquarters of territorial departments, tactical divi- sions, brigades, and service schools, who are citizens of the United States, shall be increased $200 each per annum while serving in the Philippine Islands, such service to be computed from the date of departure from the continental limits of the United States to the date of return thereto : Provided further^ That the money hereby appropriated for such of said clerks at $1,200 and $1,000 each per annum, and such of said messengers at $720 each per annum as may be employed and assigned by the Secretary of War to the headquarters of the Philippine Department, districts and posts therein, may, in case of vacancy and in the discretion of the com- manding general, Philippine Department, be expended, in whole or in part, for the employment of Filipinos as clerks at not to exceed $500 each per annum, and messengers at not to exceed $300 each per annum. And said clerks, messengers, and laborers shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve : Provided^ That no clerk, messenger, or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty with any bureau in the War Department. Id. 362c. Headquarters clerks to he hnown a^ Army field clerks; rates of pay for; subject to articles of ivar. — Hereafter headquarters clerks shall be known as Army field clerks and shall receive pay at the rates herein provided, and after twelve years of service, at least three years of which shall have been on detached duty away from perma- nent station, or on duty beyond the continental limits of the United States, or both, shall receive the same allowances, except retirement, as heretofore allowed by law to pay clerks, Quartermaster Corps, and shall be subject to the rules and articles of war. Act of Aug. 29^ 1916 {39 Stat., 625). 678 MILITARY LAWS OF THE UNITED STATES. 362d. Same — Employed and assigned hy Secretary of War; not to de assigned to duty in War Department. — Said clerks, messengers, and laborers shall be employed and assigned by the Secretary of War to the offices and positions in which they are to serve : Provided., That no clerk, messenger, or laborer at headquarters of tactical divisions, military departments, brigades, service schools, and office of the Chief of Staff shall be assigned to duty in any bureau in the War Depart- ment. Id.^ 636, CHAPTER XIII. THE GENERAL STAFF CORPS. Par. 365a 365b 366a 369a 369b 369c Par. Chief of Coast Artillery to be additional member of ; certain organizations in office of Chief of Staff abolished and their duties transferred to other bureaus 370a Duties limited to those speci- fied in organic Act and in this section 370b Penalty imposed upon superior for permitting subordinate to violate provisions of this sec- tion 370c Details of officers, except gen- eral officers, to be made on recommendation of board of officers Promotion of officer while serv- ing detail in General Staff Corps or other staff depart- ments, status of General Staff Corps, composi- tion of Same — Assignment to duty in the District of Columbia Employment restricted to study of military problems, etc Same — Supervision over War College, details and assign- | ments to duty in 365a. Details of ofvcers^ except general offtcers^ to he made on recommendation of hoard of officers. — No officer shall be detailed as a member of the General Staff Corps, other than the Chief of Staff and the general officers herein provided for as assistants to the Chief of Staff, except upon the recommendation of a board of five officers not below the rank of colonel, who shall be selected by the President or the Secretary of War, and neither the Chief of Staff nor more than two other members of the General Staff Corps, nor any officer not a member of said corps, who shall have been stationed or em- ployed on any duty in or near the District of Columbia within one year prior to the date of convening of any such board, shall be detailed as a member thereof. No recommendation made by any such board shall, for more than one year after the making of such recommendation or at any time after the convening of another such board, unless again recommended by the new board, be valid as a basis for the detail of any officer as a member of the General Staff Corps; and no alteration whatever shall be made in any report or recommendation of any such board, either with or without the con- 679 680 MILITARY LAWS OF THE UNITED STATES. sent of members thereof, after the board shall have submitted such report or recommendation and shall have adjourned sine die.^ Sec, 5, act of June 3, 1916 {39 Stat. 168). (See paragraphs 366a, 369a, 369b for the provisions of this section preced- ing this paragraph.) 365b. ProTTbotion of officer while serving detail in General Staff Corps or other staff departments^ status of. — If any officer detailed in the General Staff Corps, or as an officer of any staff corps or department of the Army, shall be promoted to the next higher grade while so serving he may be permitted to serve out the period of his detail, and the number of officers in the organization in which he shall be serving and in the grade to which he shall have been pro- moted shall be increased by one for such time as he shall be an addi- tional number in said organization and grade; but the whole num- ber of officers detailed to said organization shall at no time exceed the aggregate of the numbers allowed to the several grades thereof by law other than this proviso. Id. 169. (See paragraphs 366a, 369a, 365a, 365b, 370a, 370b, and 370c for the provi- sions of sec. 5 preceding this paragraph.) 366a. General Staff Corps^ composition of. — The General Staff Corps shall consist of one Chief of Staff, detailed in time of peace from major generals of the line; two assistants to the Chief of Staff, who shall be general officers of the line, one of whom, not above the grade of brigadier general, shall be the president of the Army War College; ten colonels; ten lieutenant colonels; fifteen majors; and seventeen captains, to be detailed from corresponding grades in the Army, as in this section hereinafter provided. All officers detailed in the General Staff Corps shall be detailed therein for periods of four years, unless sooner relieved. While serving in the General Staff Corps officers may be temporarily assigned to duty w^th any branch of the Army. Upon being relieved from duty in the General Staff Corps officers shall return to the branch of the Army in which they hold permanent commissions, ^and no officer shall be eligible to a further detail in the General Staff Corps until he shall have served two years with the branch of the Army in which commissioned, ex- cept in time of actual or threatened hostilities. Section twenty-seven of the Act of Congress approved February second, nineteen hundred and one, shall apply to each position vacated by officers below the grade of general officer detailed in the General Staff Corps. Id. 167. * Held, that the service of officers on a board sitting in the District of Colum- bia which was found after the completion of its report to be illegal was not service in the District within the prohibition of the Act, and that they were not therefore by reason of such service ineligible for service on a new board. (War Dept. Bull. 18, July 8, 1916.) MILITAKX LAWS OF THE UNITED STATES. 681^ 369a. Same — Assignment to duty in the District of Golumhia,— Not more than one-half of all of the officers detailed in said corps shall at any time be stationed, or assigned to or employed upon any duty, in or near the District of Columbia/ (Z^?., 167.) 369b. Employment restricted to study of military prohlem^^ etc, — All officers detailed in said corps shall be exclusively employed in the study of military problems, the preparation of plans for the na- tional defense and the utilization of the military forces in time of war, in investigating and reporting upon the efficiency and state of preparedness of such forces for service in peace or war, or on appro- priate General Staff duties in connection with troops, including the National Guard, or as military attaches in foreign countries, or on other duties, not of an administrative nature, on which they can be lawfully and properly employed. Id, (See paragraph 366a for the provision of section 5 preceding this paragraph.) 369c. Same — Supervision over War College; details and assign- ments to duty in. — The War College shall remain fully subject to the supervising, coordinating, and informing powers conferred by law upon members of the General Staff Corps, and officers for duty as instructors or students in or as attaches of said college may be selected and detailed freely from among members of said corps, but any officer so selected and detailed other than one director shall thereupon cease to be a member of said corps and shall not be eligible for redetail therein so long as he shall remain on said duty; and no officer on the active list of the Army shall, for more than thirty days in any calendar year, be attached to or assigned to duty in the War College in any capacity other than that of president, director, instructor, or student, or, unless a member of the General Staff Corps, be attached to or employed in the office of the Chief of Staff. Id, 168. (See paragraph 365a for provision of section 5 preceding this paragraph.) 370a. Chief of Coast Artillery to he additional memher of; certain organizations in office of Chief of Staff ccbolished and their duties transferred to other bureaus. — The organizations heretofore existing in or in connection with the office of the Chief of Staff under the * Held, that as the law requires assignment of the officers, upon the approval of the Act, to some other station than one in or near the District of Columhia they could not retain station in Washington for any purpose ; and that if not as- signed to some other station than the one to which they are temporarily as- signed for duty their right to receive commutation of quarters, heat, and light must depend on such temporary assignment. {War Dcpt. Bull. 18, July 8, 1016.) Held, that general officers detailed to the General Staff Corps must he re- garded as part of the one-half of the officers of the corps permitted to be as- signed to or employed on duty in or near the District of Columbia. {War Dcpt. Bull. 28, Aug 18, 1916.) 682 MILITARY LAWS OF THE UNITED STATES. designations of the mobile army division and the Coast Artillery division be, and they are hereby, abolished and shall not be re- established. The business heretofore transacted in said division, except such as comes clearly within the general powers specified in and conferred upon members of the General Staff Corps by the or- ganic Act of Congress approved February fourteenth, nineteen hun- dred and three,^ is hereby transferred as follows, to wit, to the office of the Chief of Coast Artillery, all business apportioned to that office by law or Army regulations at the time of the creation of the Coast Artillery division of the office of the Chief of Staff; to the office of The Adjutant General or other bureau or bureaus concerned, all other business; and, subject to the exercise of the supervising, coordinating, and informing powers conferred upon members of the General Staff Corps by the Act of Congress last hereinbefore cited, the business transferred by this proviso to certain bureaus or offices shall hereafter be transacted exclusively by or under the direction of the respective heads thereof; and the Chief of Coast Artillery shall be an additional member of the General Staff Corps and shall also be advisor to and informant of the Chief of Staff in respect to the business under his charge. Id, (See paragraph 869b for provision of section 5 preceding tliis paragraph.) 370b. Duties limited to those speciiled in orgamc Act and in this section. — Hereafter members of the General Staff Corps shall be con- fined strictly to the discharge of the duties of the general nature of those specified for them in this section and in the organic Act of Congress last hereinbefore cited, and they shall not be permitted to assume or engage in work of an administrative nature that pertains to established bureaus or offices of the War Department, or that, being assumed or engaged in by members of the General Staff Corps, would involve impairment of the responsibility or initiative of such bureaus or offices, or would cause injurious or unnecessary duplication of or delay in the work thereof. Id. 370c. Penalty imposed upon superior for permitting subordinate to violate provisions of this section. — All pay and allowances shall be forfeited by any superior for any period during which, by his order or his permission, or by reason of his neglect, any subordinate shall violate any of the foregoing provisions of this section. Id. 169. * See paragraph 368, ante, or 32 Stat. 831. CHAPTER XIV. THE STAFF DEPAKTMENTS— GENERxVL PROVISIONS— DISBURSING OFFICERS. Bonds may be waived in cases of officers of Quartermaster Corps who are not account- able for public funds or prop- erty I'ar. 387a Par. Funds for stores or material procured by one bureau of War Department for another, etc., repayment of_. 417a 387a. Bond^may he waived in cases of officers of Quarterrruister Corps who are not accountable for fublic funds or property. — Here- after the provisions of section eleven hundred and ninety-one of the Revised Statutes of the United States may, in the discretion of the Secretary of War, be waived in the cases of officers of the Quarter- master Corps who are not accountable for public funds or public property. Act of Aug. 29, 1916 {39 Stat. 626). 417a. Funds for stores or material procured hy one bureau of War Department for another, etc., repayment of. — Hereafter when one bureau of the War or Navy Departments procures by purchase or manufacture stores or material of any kind or performs any service for another bureau of such departments the funds of the bureau or department for which the stores or material are to be procured or the service performed may be placed subject to the requisition of the bureau or department making the procurement or performing the service for direct expenditure by it : Provided, That when the stores being procured are for current issue during the year stores of equal value may be issued from stock on hand in place of any of those aforesaid.^ Act of Mar. i, 1915 {38 Stat. 108 J^) . ^ There is no general statute governing the transfer or sale of Government property from one department to another. However, see pars. 619 and 671, A. R., 1913, covering the transfer of War Department property, and page 907, Dig. Opin. J. A. G., 1912, and 17 Opin. Att. Gen., 480, to the effect that "the transfer of public property from one bureau or department to another is not regarded as a sale." 683 CHAPTER XV. THE ADJUTANT GENERAL'S DEPARTMENT.^ Par. r Adjutant General's Department, composition of 431a Decision of War Department as to date of muster conclusive- Par. 455a 431a. Adjutant GeneraVs Department^ composition of. — The Adju- tant General's Department shall consist of The Adjutant General with the rank of brigadier general; seven adjutants general with the rank of colonel; thirteen adjutants general with the rank of lieutenant colonel; and thirty adjutants general with the rank of major. Sec, 6, Act of June 3, 1916 {39 Stat, 169), 455a. Decision of War Department as to date of muster conclu- sive. — Hereafter in administering the Act of Congress approved February twenty-fourth, eighteen hundred and ninety-seven, en- titled "An Act to provide for the relief of certain officers and enlisted men of the volunteer forces," the decision of the War Department as to the right of any person to be held and considered to have been mustered into the service of the United States under the pro- visions of said Act shall be conclusive, and no claims shall be allowed or considered under said Act after the first day of January, nineteen hundred and eleven. Act of Apr, 19^ 1910 {36 Stat. 32Jt). ^For the statutes relating to the United States Disciplinary Barracks, the ?;overnnient and control of which was vested in The Adjutant General by par. 2, sec. 3, act of Mar. 4, 1915 (38 Stat. 1085), see pars. 475a-488b, post. 685 CHAPTER XVI. THE INSPECTOR GENERAL'S DEPARTMENT. Inspector General's Department, composition of Par. 459n Par. Detail of acting inspector gen- eral 459b 459a. Inspector GenemVs Depwrtment^ composition of. — The In- spector General's Department shall consist of one Inspector Gen- eral with the rank of brigadier general ; four inspectors general with the rank of colonel; eight inspectors general with the rank of lieu- tenant colonel; and sixteen inspectors general with the rank of major.i Sec. 7, Act of June 3, 1916 (39 Stat. 169). 469b. Detail of acting inspectors general. — The Secretary of War may, in addition, detail officers of the line, not to exceed four, to act as assistant inspector-general: Provided^ That officers of the line detailed as acting inspectors general shall have all the allowances of Cavalry officers of their respective grades. Sec. i, Act of June ^3, 1874 {18 Stat. 2U)' ^ Held, That this provision does not repeal the authority contained in the act of June 23, 1874 (18 Stat. 244) to " detail officers of the line, not to exceed four, to act as assistant inspectors general " with pay and allowances as prescribed, which has been regarded by the department as permanent legislation and as not having been repealed by provisions similar to the above sec. 7 contained in tlie acts of Feb. 5, 1885 (23 Stat. 297), Mar. 2, 1899 (31 Stat. 701), and Feb. 2, 1901 (31 Stat. 751). (War Dept. Bull. 18, July 8, 1916.) 687 CHAPTER XVII. HE JUDGE ADVOCATE GENERAL'S DEPARTMENT- MILITARY PRISON. Par. Fudge Advocate General's De- partment, composition of 465a Promotions below rank of col- onel based on written exami- nations 467a Jame — Officers in grade of ma- jor found physically or men- tally disqualified, board of re- view, etc 467b lame — Lieutenant colonels found disqualified, suspension from promotion and retirement with or without promotion after final examination 467c ^Vacancies, one to be filled by person from civil life with special qualifications 468a LCting judge advocates, assign- ment of 469a )etails of acting judge advo- cates only excepted from oper- ation of Manchu law ; details for purpose of taking law course prohibited 469b Revision and codification of mili- tary laws of United States, preparation of 471a Stime — Appropriation for ex- penses of 471b United States Disciplinary Bar- racks 475a-488b Military Prison, United States and branches, name changed to United States Disciplinary Barracks 475a 92061°— 17 44 Par. Military Prison, United States, name changed to United States Disciplinary Barracks. 475b Same — Military offenses punish- able in a penitentiary, confine- ment may be in United States, State, Territory, or District penitentiary 475c Same — Secretary of War may designate branch disciplinary barracks 476a Same — Government and control of disciplinary barracks vested in The Adjutant General 477a Same — Commandant and other commissioned and noncommis- sioned officers, etc., at, com- position of 480a Same — Duties of the comman- dant 481a Same — Organization of discip- linary companies and higher units, etc 481b Same — Clemency and restora- tion to colors of persons not discharged and reenlistment of discharged persons 488a Parole of general prisoners in disciplinary barracks, and restoration to duty of those serving confinement in places other than disciplinary bar- racks — 488b 690 MILITARY LAWS OF THE UXITED STATES. 465a. Judge Advocate GeneraVs Department^ composition of. — The Judge Advocate General's Department shall consist of one Judge Advocate General with the rank of brigadier general; four judge advocates with the rank of colonel; seven judge advocates with the rank of lieutenant colonel; and twenty judge advocates with the rank of major. Sec. 8, Act of June 3, 1916 {39 Stat. 169). 467a. PromjOtions 'below rank of colonel based on written examAna- tions. — No officer of the Judge Advocate General's Department below the rank of colonel shall be promoted therein until he shall have suc- cessfully passed a written examination before a board consisting of not less than two officers of the Judge Advocate General's Depart- ment, to be designated by the Secretary of War, such examination to be prescribed by the Secretary of War and to be held at such time anterior to the accruing of the right to promotion as may be for the best interests of the service. Id. (For the provisions of this section which precede this paragraph, see para- graphs 465a, 46Sa, 469a, and 469b.) 467b. Same — Officers in grade of major found physically or men- tally disqualified.^ board of review., etc. — Should any officer in the grade of major of the Judge Advocate General's Department fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted ; but if he should be found disqualified for promotion for any other reason, a second examination shall not be allowed, but the Secretary of War shall appoint a board of review to consist of two officers of the Judge Advocate General's Department superior in rank to the officer examined, none of whom shall have served as a member of the board which examined him. If the unfavorable find- ing of the examining board is concurred in by the board of review, the officer reported disqualified for promotion shall be honorably dis- charged from the service with one year's pay. If the action of the examining board is disapproAed by the board of review, the officer shall be considered qualified and shall be promoted. Id. 170. 467c. Saline — Lieutenant colonels found disqualified^ suspension from, promotion and retirement with or without promotion after final examination. — Any lieutenant colonel of the Judge Advocate General's Department who, at his first examination for promotion to the grade of colonel, has been found disqualified for such promotion for any reason other than physical disability incurred in the line of duty shall be suspended from promotion and his right thereto shall pass successively to such officers next below him in rank as are or may become eligible to promotion under existing law during the period of his suspension ; and any such officer suspended from promo- tion shall be reexamined as soon as practicable after the expiration MILITARY LAWS OF THE UNITED STATES. 691' of one year from the date of the completion of the examination that resulted in his suspension ; and if on such reexamination he is found qualified for promotion, he shall again become eligible thereto; but if he is found disqualified by reason of physical disabilit}^ incurred in line of duty in either examination, he shall be retired, with the rank to which his seniority entitled him to be promoted ; and if he is not found disqualified by reason of such physical disability ,_but is found disqualified for promotion for any other reason in the second examination, he shall be retired without promotion. Id, 468a. Vacancies^ one to he filled hy jyerson from civil life with special qualifications. — Of the vacancies created in the Judge Advo- cate General's Department by this Act, one such vacancy, not below the grade of major, shall be filled by the appointment of a person from civil life, not less than forty-five nor more than fifty years of age, who shall have been for ten years a judge of the Supreme Court of the Philippine Islands, shall have served for two years as a captain in the Reg*ular or Volunteer Army, and shall be proficient in the Spanish language and laws. Id, (For the provision of this section which immediately precedes this paragraph see 469a.) 469a. Acting judge advocates^ assignment of. — Acting judge advo- cates may be detailed under the provisions of existing law for sepa- rate brigades and for separate general court-martial jurisdictions, and when not immediately required for service with a geographical department, tactical division, separate brigade, or other separate general court-martial jurisdiction, acting judge advocates may be assigned to such other legal duty as the exigencies of the service may require. Id. (For the provision of this section which immediately precedes this paragraph see paragraph 465a.) 469b. Details of acting judge advocates only excepted from opera- tion of Manchu law; details for purpose of taking law cowrse pro- hihited. — So much of the Act of Congress approved August twenty- fourth, nineteen hundred and twelve,^ as relates to the detachment or detail of officers for duty in the Judge Advocate General's Depart- ment shall hereafter be held to apply only to the acting judge advo- cates authorized by law ; and hereafter no officer shall be or remain detached from any command or assigned to any dutj^ or station with intent to enable or aid him to pursue the study of law. Id. (For the provision of this section immediately preceding this paragraph see paragraph 468a.) 471a. Revision and codification of military laws of United StateSy preparation of. — The Secretary of War is hereby directed to cause to ^ Manchu law, par. 937, ante, or 37 Stat. 571, 645. *692 MILITARY LAWS OF THE UNITED STATES. be prepared, with as much expedition as may be consistent with thoroughness, to be finished within two years, a revision and codifica- tion of the military laws of the United States, which shall conform in scope and character to the revision and codification of the laws of the United States of a permanent and general nature directed by the Act of March third, nineteen hundred and one. The Secretary of War shall submit to Congress a report of progress of the revision and codification herein directed upon the first day of the second session of the Sixty-fourth Congress, and, when the revision and codification is completed, he shall cause a copy of the same, in print, to be sub- mitted to Congi'ess, that the statutes so revised and codified may be reenacted if Congress shall so determine. Act of Aug. 29, 1916 {S9 Stat. 627). 471b. Same — Appropriation for expenses of. — For paying the ex- penses of clerical hire and printing and other expenses incident to the making of the revision and codification herein directed, not to exceed $5,000, to be expended upon certificates of the Secretary of War that the expenditures were necessary therefor. Id. UNITED STATES DISCIPLINARY BARRACKS. 475a. Military prison, United States aiid hranches, name changed to United States Disciplinary Barracks. — The United States military prison at Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks and the branches of said prison as branches of such barracks. Act of Mar. 4, 1915 {38 Stat. 107 Jf). 475b. Military prison, United States, name changed to United States Disciplinary Barracks. — Chapter six. Title XIV, of the Re- vised Statutes of the United States be, and the same is hereby, amended to read as follows : The United States Military Prison, Fort Leavenworth, Kansas, shall hereafter be knoAvn as the United States Disciplinary Barracks, Par, 1, sec. 2, act of Mar. 4, 1915 {S8 Stat. 1084). 475c. Swme — Military offenses punishahle in a penitentiary, con- fhnement may he in United States, State, Territory, or District peni- tentiary. — Persons sentenced to confinement upon conviction by courts-martial or other military tribunals of crimes or offenses which, under some statute of the United States or under some law of the State, Territory, District, or other jurisdiction in which the crime or offense may be committed, are punishable by confinement in a peni- tentiary, including persons sentenced to confinement upon conviction by courts-martial or other military tribunals of two or more acts or omissions, any one of which, under the statute or other law herein- before mentioned, constitutes or includes a crime or offense punish- 1^ MILITARY LAWS OF THE UNITED STATES. 693 able by confinement in a penitentiary, may be confined at hard labor, iiring the entire period of confinement so adjudged, in any United tates, State, Territorial, or District penitentiary, or in any other penitentiary directly or indirectly under the jurisdiction of the United States; and all persons sentenced to confinement upon con- viction by courts-martial or other military tribunals who are not confined in a penitentiary may be confined and detained in -the United States Disciplinary Barracks. Par. ^, see, 2, id. 476a. Same — Secretary of Wa?' may designate hranch disciplinary harracks. — The Secretary of War may, from time to time, designate any building or structure or any part thereof under the control of the Secretary of War and pertaining to the military establishment as a branch disciplinary barracks for the confinement and detention of offenders whom it is impracticable to send to the United States Disciplinary Barracks at Fort Leavenworth, Kansas ; and all branch disciplinary barracks and all offenders sent thereto for confinement and detention therein shall be subject to the laws respecting the United States Disciplinary Barracks at Fort Leavenworth, Kansas, and the offenders sent thereto for confinement and detention therein. Par. S, sec. 2, id. 1086. 477a. Samye — Government and control of disciplinary harracks vested in The Adjutant General. — The government and control of the United States Disciplinary Barracks and of all offenders sent thereto for confinement and detention therein shall be vested in The Adjutant General of the Army under the direction of the Secretary of War, who shall from time to time make" such regulations respecting the same as may be deemed necessary, and who shall submit annually to Congress a full statement of the financial and other affairs of said institution for the preceding fiscal year. Par. 3^ sec, ^, id. 1085. 480a. Same — Commandant and other coTnmisdoned and noncoTn- missioned officers^ etc.^ at^ composition of. — The officers of the United States Disciplinary Barracks shall consist of a commandant and such subordinate officers as may be necessary, who shall be detailed by the Secretary of War from the commissioned officers of the Army at large. In addition to detailing for duty at said disciplinary barracks such number of enlisted men of the Staff Corps and departments as he may deem necessary, the Secretary of War shall assign a sufficient number of enlisted men of the line of the Army for duty as guards at said disciplinary barracks and as noncommissioned officers of the disciplinary organizations hereinafter authorized. Said guards, and also the enlisted men assigned for duty as noncommissioned officers of disciplinary organizations, shall be detached from the line of the Army, or enlisted for the purpose ; and said guards shall be organized as infantry, with noncommissioned officers, musicians, artificers, and cooks of the number and grades allowed by law for infantry organi- 694 MILITARY LAWS OF THE UNITED STATES. zations of like strength : Provided^ That at least one of said guards shall have the rank, pay, and allowances of a battalion sergeant major. Par. 4, see. ^, id, (For authorization for the detail of 100 sergeants for duty with the disci- plinary orgauiziitions at the United States Disciplinary Barracks, who shall be additional to the sergeants authorized for the corps, companies, troops, batteries, and detachments from which they may be detailed, see par. 1332a.) 481a. SaTYie — Duties of the commandant. — The commandant of the United States Disciplinary Barracks shall have command thereof and charge and custody of all offenders sent thereto for confinement and detention therein; shall govern such offenders and cause them to be employed at such labor and in such trades and to perform such duties as may be deemed best for their health and reformation and with a view to their honorable restoration to duty or their reenlist- ment as hereinafter authorized; shall cause note to be taken and a record to be made of the conduct of such offenders ; and may shorten the daily time of hard labor of those who by their obedience, honesty, industry, and general good conduct earn such favors — all under such regulations as the Secretary of War may from time to time prescribe. Par, -5. sec. 2, id, 481b. jSaiTie — Organization of disciplinary companies and higher umts, etc. — The Secretary of War shall provide for placing under military training those offenders sent to the iJnited States Disciplinary Barracks for confinement and detention therein whose record and conduct are such as to warrant the belief that upon the completion of a course of military training they may be worthy of an honorable restoration to duty or of being permitted to reenlist ; may provide for the organization of offenders so placed under military training into disciplinary companies and higher units, organized as infantry, with noncommissioned officers, except color sergeants, selected or ap-' pointed from the enlisted men assigned to duty for that purpose pur- suant to the provisions of paragraph four hereof ; and may provide for uniforming, arming, and equipping such organizations. Par. 6^ sec. ^, id. 488a. Sarroe — Clemency and restoration to colors of persons not discharged and reenlistment of discharged persons. — Whenever he shall deem such action merited the Secretary of War may remit the unexecuted portions of the sentences of offenders sent to the United States Disciplinary Barracks for confinement and detention therein and in addition to such remission may grant those who have not been discharged from the Army an honorable restoration to duty, and may authorize the reenlistment of those who have been discharged or upon their written application to that end order their restoration to the Army to complete their respective terms of enlistment, and sucl^ application and order of restoration shall be effective to revive MILITARY LAWS OF THE UNITED STATES. 695 the enlistment contract for a period equal to the one not served under said contract. Par, 7, sec. 2^ id, 488b. Parole of general prisoners in disciplinary harrajcks^ and restoration to duty of those serving confinement in places other than disciplinary harracks. — The authority now vested in the Secretary of War to give an honorable restoration to duty, in case the same is merited, to general prisoners confined in the United States discipli- nary barracks and its branches shall be extended so that such res- toration may be given to general prisoners confined elsewhere, and the Secretary of War shall be, and he is hereby, authorized to estab- lish a system of parole for prisoners confined in said barracks and its branches, the terms and conditions of such parole to be such as the Secretary of War may prescribe. Act of Mar, 4, 1915 {38 Stat, 107 i). CHAPTER XVIII- THE QUAETERMASTER CORPS. Par. The Quartermaster Corps, com- position of 495a Chief to be Quartermaster Gen- eral : 501a Enlisted men, composition of 506a Enlisted strength, composition of oOCb Grade of military storekeeper revived for appointment of Charles P. Daly 513a Appointment of quartermaster sergeants in Quartermaster Corps 514a Master electricians hereafter to be known as quartermaster sergeants 514b Duties of officers include con- struction and repair work 515a Sale of surplus ice, electric cur- rent, etc., from Government plants where no competition. 521a 8ame — Disposition of proceeds of such sales 521b Provision giving preference to transportation of troops and material of war amended so as to require prompt delivery in time of peace without re- gard to any embargo which may have been declared 52oa In time of war possession and control may be taken of trans- portation systems 525b Transfer of vessels, equipment, stations, and personnel of Lighthouse Service to War Department in time of na- tional emergency 534a Tar. Same — Return of to Lighthouse Service when emergency ceases 534b Same — Personnel while under jurisdiction of War Depart- ment subject to Articles of War 534e Same — Secretaries of War, Navy, and Commerce to pre- scribe regulations governing duties of Lighthouse Service in time of war 534d Shipping Board to have con- structed or purchase, lease, or charter vessels suitable for use as Army transports or for other military purposes, etc__ 534e Vessels of War Department, not needed for military purposes in time of peace, may be transferred to the board per- manently or for limited peri- ods 534f Limit of cost of barracks and quarters 547a Annual estimates for establish- ment and maintenance of rifle ranges 553a Same — Established ranges to be open for use of any branch of military or naval service, and for civilians 553b Same — Detail of officers and noncommissioned officers of Regular Army as instructors at, and issue of arms and am- munition for use of 553c 698 MILITARY LAWS OF THE UNITED STATES. Par. Extra-duty pay, United States dLSciplinary barracks guard, rates 563a Extra-duty pay for mess stew- ards and cooks at recruit de- pots 563b Civilian employees, restrictions on employment 5T0a Proceeds from sale of cuttings of material for clothing, dis- position of 578a Quartermaster property, arti- cles of, may be sold to officers of Navy and Marine Corps — 588a Sale of subsistence stores to officers and enlisted men of • Navy and Marine Corps 588b Commutation of rations for en- listed men of Army and Mili- tia at national rifle match — 611a Commutation of rations for ca- dets, enlisted men, members of Nurse Corps, etc., rates of_ 611b Funds appropriated for support of Army available for pur- chase of reserve supplies 616a Appointment of Xrmy pay clerk, with certain service, as first lieutenant. Quartermaster Corps 632a Certain clerks to be known as field clerks. Quartermaster Corps, to receive allowances of pay clerks, and to be sub- ject to the Articles of War__ 633a Allowance of fuel, quarters, and forage 651a Commutation of quarters to offi- cers, etc., where no public Par. Same — Secretary of War may determine when and where public quarters are not avail- able 668b Commutation of quarters, heat, and light for officers, etc 668e Officers on duty as observers with foreign armies in field, expenses of 673a Mileage to engineer officers 675a Subsistence expenses of offi- cials — Allowances for, outside of District of Columbia lim- ited 680a Disbursement of certain appro- priations heretofore made which shall constitute one fund 689a Same 689b Pay of noncommissioned officers and enlisted men 695a Enlisted men prohibited from civil employment 701a Act not to be construed as re- ducing pay or allowances of any enlisted man 702a Detail of enlisted men for re- cruiting duty 704a Temporary sergeants and cor- porals at recruiting depots 704b One enlisted man at each recruit d^ot to have rank, pay, and allowances of a regimental sergeant major 704c Transportation of change of sta- tion allowance of baggage on discharge for disability of en- listed man having 10 years or more of service 721a Pay and allowances of soldiers sentenced to dishonorable dis- charge during execution of suspended sentence 727a eompositwn of. — The Quarter- quarters are available 668a 495a. The Quartermaster Corps^ master Corps shall consist of one Quartermaster General with the rank of major general ; two assistants to the Quartermaster General with the rank of brigadier general; twenty-one colonels; twenty-four lieutenant colonels; sixty-eight majors; one hundred and eighty cap- tains ; and the pay clerks now in active service, who shall hereafter have the rank, pay, and allowances of a second lieutenant, and the President is hereby authorized to appoint and commission them, by MILITARY LAWS OP THE UNITED STATES. 699 and with the adA'ice and consent of the Senate, second lieutenants in the Quartermaster Corps, United States Army ^ Sec, 9^ act of June 3,1916 {39 Stat, 170). (See pars. 506b, 514b, and 515a for the ensuing provisions of this section.) 601a. Chief to he Quartermaster General. — Hereafter the title of the Chief of the Quartermaster Corps shall be Quartermaster General of the Army. Act of Apr. ^7, 19U {38 Stat, 356) . 506a. Enlisted men, composition of. — ^The enlisted force of the Quartermaster Corps shall consist of not to exceed fifteen master electricians, three hundred and eighty sergeants (first class), one thousand two hundred and forty sergeants, six hundred corporals, tAYo thousand nine hundred and twenty privates (first class), seven hundred and fifty privates, and ninety-five cooks, all of whom shall receive the same pay and allowances as enlisted men of correspond- ing grades in the Signal Corps of the Army, and shall be assigned to such duties pertaining to the Quartermaster Corps as the Secretary of War may prescribe. Act of Mar, i, 1915 {38 Stat. 1066). 506b. Enlisted strength, composition of. — ^The total enlisted strength of the Quartermaster Corps and the number in each grade shall be limited and fixed from time to time by the President in ac- cordance with the needs of the Army, and shall consist of quarter- master sergeants, senior grade; quartermaster sergeants; sergeants, first class ; sergeants ; corporals ; cooks ; privates, first class ; and pri- vates. The number in the various grades shall not exceed the follow- ing percentages of the total authorized enlisted strength of the Quar- termaster Corps, namely : Quartermaster sergeants, senior grade, five- tenths of one per centum ; quartermaster sergeants, six per centum ; sergeants, first class, two and five-tenths per centum; sergeants, twenty-five per centum; corporals, ten per centum; privates, first class, forty- five per centum; privates, nine per centum; cooks, two per centum. Sec. 9, act of June 3, 1916 {39 Stat. 170). (See par, 495a for the preceding provision and par. 514b and 515a for the ensuing provisions of this section.) 613a. Grade of military storeheeper revived for appointment of Charles P. Daly. — The President of the United States, in his discre- tion be, and he is hereby, authorized to appoint Charles P. Daly, *A second lieutenant, Quartermaster Corps, commissioned from pay clerk un- der section 9 of the national-defense act, requested that he be transferred to second lieutenant of Infantry. Held, that under existing laws such transfer is not authorized. (War Dept. Bull. 3. .Tan. 19, 1917.) Held, that the new positions created belonp: to the Quartermaster Corps as a whole, and the rule prescribed by the act of Aug. 3, 1912 (37 Stat,, 591), in connection with the reoreranization of that corps, is not applicable, and that the vacancies are required to be filled according? to the general rule of seniority pre- scril)ed in sec. 1 of the act of Oct. 1, 1890 <26 Stat. 563). (War Dept." Bull. 18, Aug. 18, 1916.) 700 MILITARY LAWS OF THE UNITED STATES. chief clerk, office of the Quartermaster Corps, United States Army, a military storekeeper in the Quartermaster Corps, United States Army, with the rank, pay, and allowances of a captain, mounted; and the grade of military storekeeper is hereby revived in the Army of the United States for this purpose only. Act of Aug. 29^ 1916 {39 Stat. 626). 514a. Appointment of quartermaster sergecvnts in Quartermxister Corps. — Hereafter the Secretary of War is authorized to appoint such number of quartermaster sergeants. Quartermaster Corps, not to exceed the number provided for by law, as he may deem necessary for the interest of the service, said quartermaster sergeants to be selected from the most competent noncommissioned officers of the Army, who shall have served therein at least five years, three years of such service having been rendered as noncommissioned officers, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to the proper officers of the Army in charge of public property.^ Act of Mar, 4, 1916 {38 Stat. 1066). 514b. Master electricians hereafter to he known as qptartermaster sergeants y senior grade. — The master electricians now authorized by law for the Quartermaster Corps shall hereafter be known as quar- termaster sergeants, senior grade, and shall be included in the number of quartermaster sergeants, senior grade, herein authorized. Sec. 9, Act of June 3, 1916 {39 Stat. 170) . (See paragraph 506b for the provision of this section immediately preceding this paragraph.) 515a. Duties of officers include construction and repair work. — All work pertaining to construction and repair that has heretofore been done by or under the direction of officers of the Quartermaster Corps shall, except as otherwise now provided by laws or regulations, hereafter be done by or under the direction of officers of said corps. Id. 171. 521a. Sale of surplus ice, electric current, etc., from Government plants where no competition. — Whenever the ice machines, steam laundries, and electric plants shall not come in competition with private enterprise for sale to the public, and in the openion of the Secretary of War it becomes necessary to the economical use and administration of such ice machines, steam laundries, and electric plants as have been or may hereafter be established in pursuance of law, surplus ice may be disposed of, laundry work may be done for other branches of the Government, and surplus electric light and power may be sold on such terms and in accordance with such regu- *For similar provision see Act of April 27, 1914. (39 Stat. 354). MILITARY LAWS OF THE UNITED STATES. 701 lations as may be prescribed by the Secretary of War. Act of Aug, 29,1916 {39 StaL631). 521b. Same — Disposition of proceeds of such sales. — The funds re- ceived from such sales and in payment for such laundry work shall be used to defray the cost of operation of said ice, laundry, and electric plants, and the sales and expenditures herein provided for shall be accounted for in accordance with the methods prescribed by law, and any sums remaining after such cost of maintenance and operation have been defrayed shall be deposited in the Treasury to the credit of the appropriation from which the cost of operation of such plant is paid. /^., 632, 525a. Provision giving preference to transportation of troops and nmterial of war amended so as to require prompt delivery in time of peace loithout regard to any embargo which may have been declared, — Section six of an Act entitled "An Act to regulate commerce," ap- proved February fourth, eighteen hundred and eighty-seven, as amended March second, eighteen hundred and eighty-nine, and June twenty-ninth, nineteen hundred and six, which reads: " That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic," be amended to read as follows : " That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States, be given over all other traffic for the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expediate the military traffic. And in time of peace shipments consigned to agents of the United States for its use shall be delivered by the carriers as promptly as possible and without regard to any embargo that may have been declared, and no such embargo shall apply to shipments so consigned." Id., 60Jf. 525b. In time of war possession and control may be taken of trans- portation systems. — The President, in time of w^ar, is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon, for the transfer or transportation of troops, w ar material and equipment, or for such other purposes connected with the emergency as may be needful or desirable. Id., 64S. 534a. Transfer of vessels, equipment, stations, and personnel of Lighthouse Service to War Department in tlms of national emer- gency. — The President is hereby authorized, whenever in his judg- 702 MILITARY LAWS OF THE UNITED STATES. ment a sufficient national emergency exists, to transfer to the service and jurisdiction of the Navy Department, or of the War Department, such vessels, equipment, stations, and personnel of the Lighthouse Service as he may deem to the best interest of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made. Id, 602, 534b. Same — Return of to Lighthouse Service when emergervcy ceases. — Such vessels, equipment, stations, and personnel shall be returned to the Lighthouse Service w hen such national emergency ceases in the opinion of the President, and nothing in this Act shall be construed as transferring the Lighthouse Service or any of its functions from the Department of Commerce except in time of na- tional emergency and to the extent herein provided. Id. 534c. Same — Personnel while under jurisdiction of War Depart- ment subject to Articles of War. — Any of the personnel of the Lighthouse Service who may be transferred as herein provided shall, while under the jurisdiction of the Navy Department or War De- partment, be subject to the laws, regulations, and orders for the government of the Navy or Army, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law. Id. 534d. Same — Secretaries of War, Navy, and Commerce to pre- scribe regulations governing duties of Lighthouse Service in timw of war. — The Secretary of the Navy, the Secretary of War, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Lighthouse Service in tune of war, and for the cooperation of that service with the Navy and War De- partments in time of peace in preparation for its duties in war, and this may include arrangements for a direct line of communication between the officers or bureaus of the Navy and War Departments and the Bureau of Lighthouses to provide for immediate action on all communications from these departments. Id. 534e. Shipping Board to have constructed or purchase, lease, or charter vessels suitable for use as Army transports or for other mili- tary purposes, etc. — The board, with the approval of the President, is authorized to have constructed and equipped in American ship- yards and navy yards or elsewhere, giving preference, other things being equal, to domestic yards, or to purchase, lease, or charter, ves- sels suitable, as far as the eommercial requirements of the marine trade of the United States may permit, for use as naval auxiliaries or Army transports, or for other naval or military purposes, and to make necessary repaii^ on and alterations of such vessels. Sec. 5, act of Sept. 7, 1916 {39 Stat. 780). MILITARY LAWS OF THE UNITED STATES. 703 534f. Vessels of War Deparffnenf 7iot needed for nuUtary jyurposes in time of peace may he transferred to the hoard permanently or for limited periods. — The President may transfer either permanently or 'for limited periods to the board such vessels belonging to the War or Navy Depai-tment as are suitable for commercial uses and not required for military or naval use in time of peace, and cause to be transferred to the board vessels owned by the Panama Railroad Company and not required in its business. Sec, 6^ Id. d47a. Limit of cost of harrwcks and quojrters. — Hereafter no money appropriated for military posts shall be expended for the construc- tion of quarters for officers of the army or for barracks and quarters for the artillery the total cost of which, including the heating and plumbing apparatus, wiring, and fixtures, shall exceed, in the case of quarters of a general officer, the sum of fifteen thousand dollars; of a colonel or an officer above the rank of captain, twelve thousand dollars, and of an officer of and below the rank of captain, nine thousand dollars. Sec, i, act of June ^o, 1910 {36 Stat, 721), 653a. Annual estimhates for establishment amd Tnaintenmwe of rifle ranges. — The Secretary of War shall annually submit to Congress reconamendations and estimates for the establishment and mainte- nance of indoor and outdoor rifle ranges, under such a comprehensive plan as will ultimately result in providing adequate facilities for rifle practice in all sections of the country. Sec. 113, Act of June S, 1916 {39 Stat. 211). 553b. Same — Established ranges to he open for use of any branch of military or naval service^ and for civUians, — And that all ranges so established and all ranges which may have already been con- structed, in whole or in part, with funds provided by Congress shall be open for use by those in any branch of the military or naval serv- ice of the United States and by all able-bodied males capable of bearing arms, under reasonable regulations to be prescribed by the controlling authorities and approved by the Secretary of War. Id, 653c. Same — Detail of ofjicers and noncowAnissioned officers of Regular Ai^my as instructors at, and issue of arms and ammunition for use of. — The President may detail capable officers and noncom- missioned officers of the Regular Army and National Guard to duty at such ranges as instructors for the purpose of training the citi- zenry in the use of the military arm. Where rifle ranges shall have been so established and instructors assigned to duty thereat, the Sec- retary of War shall be authorized to provide for the issue of a reasonable number of standard military rifles and such quantities of ammunition as may be available for use in conducting such rifle practice. Id. 563a. Extra-duty pay, United States disciplinary harrachs guard^ rates. — Hereafter the extra-duty pay to the United States dis- 7Q4 MILITARY LAWS OF THE UT^TITED STATES. ciplinary barracks guard shall be at the following rates per day: Sergeants, thirty-five cents; corporals, thirty cents; and privates, twenty cents. Act of Aug. 29, 1916 {39 Stat. 632). 563b. Extra-duty pay for mess stewards and cooks at recrmt de- pots. — Extra-duty pay at rates to be fixed by the Secretary of War for mess stewards and cooks at recruit depots who are graduates of the schools for bakers and cooks, and instructor cooks at the schools for bakers and cooks. Id. 570a. Civilian employees, restrictions on employment. — The num- ber of and total sum paid for civilian employees in the Quarter- master Corps shall be limited to the actual requirements of the serv- ice, and that no employee therein shall receive a salary of more than $150 per month, except upon the approval of the Secretary of War. M, 636. 578a. Proceeds from sale of cuttings of material for clothirig, dis- position of. — Hereafter the proceeds derived from the sale of surplus cuttings of material for clothing manufactured by the Quartermaster Corps of the Army shall be deposited to the credit of that appropri- ation out of which the material was purchased. Id., 635. 588a. Quartermaster property, articles of, mxiy he sold to officers of Navy and Marine Corps. — Articles of serviceable quartermaster property may be sold by the Quartermaster General of the Army to officers of the Navy and Marine Corps, for their use in the public service, in the same manner as these articles are now sold to officers of the Army. Act of Mar. 4, 1915 {38 Stat. 1079) . 588b. Sale of subsistence stores to oflcers and enlisted rfien of Navy and Marine Corps. — Hereafter the officers and enlisted men of the Navy and the Marine Corps shall be permitted to purchase sub- sistence supplies at the same price as is charged the officers and the enlisted men of the Army; and the officers and the enlisted men of the Army shall be permitted to purchase subsistence supplies from the Navy and Marine Corps at the same price as is charged the officers and the enlisted men of the Navy and Marine Corps. Act of Aug. 29, 1916 {39 Stat. 630). 611a. Commutation of rations for enlisted men of Army and Militia at national rifle match. — The sum of $12,000 is authorized to be expended for supplying meals or furnishing commutation of rations to enlisted men of the Eegular Army and the Organized Militia who may be competitors in the national rifle match: Pro- vided further. That no competitor shall be entitled to commutation of rations in excess of $1.50 per day, and when meals are furnished no greater expense than that sum per man per day for the period the contest is in progress shall be incurred. Act of Mar. 4, 1915 {38 Stat. 1072). MILITARY LAWS OF THE UNITED STATES. 705 611b. Com/rrmtcUion of ratioiis for cadets, enlisted nien^ meirbhers of Nurse Corps^ etc.^ rates of. — For payments : Of commutation of rations to the cadets of the United States Military Academy in lieu of the regular established ration, at the rate of 40 cents per ration; of the regulation allowances of commutation in lieu of rations to enlisted men on furlough, enlisted men and male and female nurses Avhen stationed at places where rations in kind can not be economically issued, and when traveling on detached duty where it is imprac- ticable to carry rations of any kind, enlisted men selected to contest for places or prizes in departments and Army rifle competitions while traveling to and from places of contest, male and female nurses on leaves of absence, applicants for enlistment, and general prisoners while traveling under orders; of commutation of rations in lieu of the regular established ration for members of the Xurse Corps (female) while on duty in hospital, 40 cents per ration, and for enlisted men, applicants for enlistment while held under observation, and general prisoners sick therein, at the rate of 30 cents per ration (except that at the general hospital at Fort Bayard, New Mexico, 50 cents per ration and at other general hospitals 40 cents per ration are authorized for enlisted patients therein), to be paid to the sur- geon in charge. Act of Aug, 29, 1916 {39 StaL 630). 616a. Funds appropriated for support of Army available for pur- chase of reserve supplies. — Hereafter funds appropriated for support of the Army may be used for the procurement of supplies to be held in store for issue to the Army during subsequent fiscal years. Act of Mar. 4, 1915 {38 Stat. 1078). 632a. Appointment of Army pay clerk with certain service as first lieutenant, Quartermaster Corps. — The President is authorized to appoint, and, by and with the advice and consent of the Senate, to commission to the grade of first lieutenant in the Quartermaster Corps, United States Army, a pay clerk of over thirty-one years' service, now in actiA^e service, and who has been recommended by the then Secretary of War for such appointment. Act of Aug. 29, 1916 {39 Stat. 6U). 633a. Certain clerks to he known as field clerks, Quartermaster Corps, to receive allowances of pay clerks, and to he subject to the Articles of War. — Hereafter not to exceed two hundred clerks, Quar- termaster Corps, who shall have had twelve years of service, at least three years of which shall have been on detached duty away from permanent stations, or on duty beyond the continental limits of the United States, or both, shall be known as field clerks. Quartermaster Corps, and shall receive the same allowances, except retirement, as heretofore allowed by law to pay clerks, Quartermaster Corps, and shall be subject to the rules and articles of war. Id. 625. 02061°— 17 45 706 MILITARY LAWS OF THE UNITED STATES. 651a. AUotvance of fuel, quarters, and forage. — Fuel, quarters, and forage may be furnished in kind to officers by the Quartermaster's Department according to law and regulations : {Provided, however. That when forage in kind can not be furnished by the proper depart- ments, then and in all such cases officers entitled to forage may com- mute the same according to existing regulations : Provided further. That officers of the Army and of Volunteers assigned to duty which requires them to be mounted shall, during the time they are em- ployed on such duty, receive the pay, emoluments, and allowances of Cavalry officers of the same grade, respectively.) &ec. 1270, R, S. 668a. C oTYumutation of quarters to officers, etc, where no puhlic quarters are available. — Hereafter, at places where there are no public quarters available, commutation for the authorized allowance there- for shall be paid to commissioned officers, acting dental surgeons, veterinarians, members of the Nurse Crops, and pay clerks at the rate of $12 per room per month; and, when specifically authorized by the Secretary of War, to enlisted men at the rate of $15 per month, or in lieu thereof he may, in his discretion, rent quarters for the use of said enlisted men when so on duty. Act of March Jf., 1915 (38 Stat. 1069). 668b. Same — Secretary of War may determine when and where puhlic quarters are not avaUahle. — Hereafter the Secretary of War may determine where and when there are no public quarters available within the meaning of this or any other act. Id. 668c. Commutation of quarters, heat, and light for officers, etc. — For commutation of quarters and of heat and light to commissioned officers, members of the Nurse Corps, and enlisted men on duty at places where no public quarters are available.^ Act of Aug. 29, 1916 {39 Stat. 628). 673a. Officers on duty as observers with foreign ai^mies in field, ex- penses of. — The actual and necessary expenses of officers of the Army who^ after July first, nineteen hundred and fourteen, have been on duty abroad for the purpose of observing operations of armies of foreign States at war, and of officers who may hereafter be on duty abroad for that purpose, shall be paid out of the appropri- ation for contingencies of the military information section, Gen- eral Staff Corps, upon certificates of the Secretary of War that the expenditures were necessary for obtaining military informa- tion. Act of Mar. Jf, 1915 {38 Stat. 1063). ^ Held, that in view of 'the fact that the appropriation limits the payment of commutation of quarters, heat, and light, to officers only when on duty at places where no public quarters are available, commutation of heat and light can not legally be paid to officers on duty in the field who are provided with tent quar- ters and who rent other quarters at their own expense. {Wa?\ Dept. Bui. No. ^7, Nov. 16, 1916). MILITARY LAWS OF TPIE UXITED STATES. 707 675a. Mileage to engineer o-fjjcers. — In determining the mileage of officers of the Corps of Engineers traveling without troops on duty connected with works under their charge, no deductions shall be made for such travel as may be necessary on free or bond- aided or land-grant railways. Sec. 15, Act of Sept. 19, 1890 {26 Stat. 456), 68da. Subsistence eoej^enses of op dais — Allowances for, outside of District of Columbia limited. — On and after July first, nineteen hundred and fourteen, unless otherwise expressly provided by law, no officer or employee of the United States shall be allowed or paid any sum in excess of expenses actually incurred for subsist- ence while traveling on duty outside of the District of Columbia and away from his designated post of duty, nor any sum for such expenses actually incurred in excess of $5 per dav; nor shall any allowance or reimbursement for subsistence be paid to any officer or employee in any branch of the public service of the United States in the District of Columbia unless absent from his designated post of duty outside of the District of Columbia, and then only for the period of time actually engaged in the discharge of official duties. Act of Apr. 6, 19U {38 Stat. 318) '. 689a. Dishursement of certain appropriations heretofore rfiade which shall constitute one fund. — All the money hereinbefore appropri- ated under the titles Subsistence of the Army, Regular Supplies — Quartermaster Corps, Incidental Expenses — Quartermaster Corps Transportation of the Army and its Supplies, Water and Sewers at Military Posts, and Clothing and Camp and Garrison Equipage shall be disbursed and accounted for by officers and agents of the Quartermaster Corps as " Supplies, Services, and Transporta- tion, Quartermaster Corps," and for that purpose shall constitute one fund. Act of Ular. 4, 1915 {38 Stat. 1078) . 689b. Same. — All the money hereinbefore appropriated under the titles Subsistence of the Army; Regular supplies. Quartermaster Corps; Incidental expenses. Quartermaster Corps; Transportation of the Army and its supplies; Water and sewers at military posts, and Clothing and camp and garrison equipage, shall be disbursed and accounted for by officers and agents of the Quartermaster Corps as " Supplies, Services, and Transportation of Quartermaster Corps," and for that purpose shall constitute one fund. — Act of Aug. 29, 1916 {89 Stat. 635). 695a. Pay of inoneoTnwiissioned officers and enlisted men. — Here- after the monthly pay of enlisted men of certain grades of the Army created in this Act shall be as follows, namely: Quartermaster ser- geant, senior grade. Quartermaster Corps ; master hospital sergeant, Medical Department; master engineer, senior grade. Corps of Engi- neers; and band leader, Infantry, Cavalry, Artillery, and Corps of Engineers, $75 ; hospital sergeant. Medical Department ; and master 708 MILITARY LAWS OF THE UNITED STATES. engineer, junior grade, Corps of Engineers, $65 ; sergeant, first class, Medical Department, $50; sergeant, first class. Corps of Engineers; regimental supply sergeant, Infantry, Cavalry, Field Artillery, and Corps of Engineers ; battalion supply sergeant. Corps of Engineers ; and assistant engineer. Coast Artillery Corps, $45; assistant band leader. Infantry, Cavalry, Artillery, and Corps of Engineers; and sergeant bugler. Infantry, Cavalry, Artillery, and Corps of Engi- neers, $40; musician, first class. Infantry, Cavalry, Artillery, and Corps of Engineers; supply sergeant, mess sergeant, and stable ser- geant. Corps of Engineers; sergeant. Medical Department, $36; sup- ply sergeant, Infantry, Cavalry, and Artillery; mess sergeant, In- fantry, Cavalry, and Artillery; cook, Medical Department; horse- shoer, Infantry, Cavalry, Artillery, Corps of Engineers, Signal Corps, and Medical Department ; stable sergeant, Infantry and Cav- alry; radio sergeant. Coast Artillery Corps; and musicians, second class. Infantry, Cavalry, Artillery, and Corps of Engineers, $30; musician, third class, Infantry, Cavalry, Artillery and Corps of Engineers; corporal. Medical Department, $24; saddler. Infantry, Cavalry, Field Artillery, Corps of Engineers, and Medical Depart- ment; mechanic, Infantry, Cavalry, and Field Artillery, and Medi- cal Department ; farrier. Medical Department ; and wagoner, In- fantry, Field Artillery, and Corps of Engineers, $21 ; private, first class, Infantry, Cavalry, Artillery, and Medical Department, $18; private. Medical Department, and bugler, $15.^ Sec. 28^ Act of June S,1916 \39 Stat. 186). (See paragraph 702a for the ensuing provision of this section; see also para- graphs 697 and 698.) 701a. Enlisted men prohihited from civil em^ployment. — Hereafter no enlisted man in the active service of the United States -in t\m Army, Navy, and Marine Corps, respectively, whether a noncom- missioned officer, musician, or private, shall be detailed, ordered, or '^Held, that by reason of the saving clause in section 28, that " nothing herein contained shall operate to reduce the pay or allowances now authorized by law for any grade of enlisted men of the Army," privates of the Medical Depart- ment transferred to that grade from the Medical Corps by operation of section 10 are entitled to be paid at the rate of $16 per month during the remainder of their current enlistment. Held further, that the pay of men enlisting in the grade of private. Medical Department, on or after June 3, 1916, will be at the rate of $15 per month, and also that privates of other branches of the military service whose pay is $15 per month who are transferred to the grade of private. Medical Department, upon their own application or with their consent, will be paid upon the basis of the new rate of $15 per month. Held, That the act of June 3, 1916, created the grade of mess sergeant for certain arms of the service only; that for other arms of the service mess ser- geants must be provided as heretofore by detail ; that the men holding the grade of mess sergeant under the new act are entitled only to the pay established for that grade, namely, ,$36 or $30 per month, according to the arm of the service in which serving, and that men detailed as mess sergeants in the arms of the service for whicli the grade of mess sergeant is not provided are entitled MILITAEY LAWS OF THE UNITED STATES. 709 permitted to leave his post to engage in any pursuit, business, or performance in civil life, for emolument, hire, or otherwise, when the same shall interfere with the customary employment and regular engagement of local civilians in the respective arts, trades, or pro- fessions.1 Sec, 35, Id. 188. 702a. Act not to he construed as reducing pay or allowances of any enlisted man. — Nothing herein contained shall operate to reduce "the pay or allowances now authorized by law for any grade of enlisted men of the Army.^ Sec. 28, Id., 187. (For preceding provision of this section see par. 695a.) 704a. Detail of enlisted men for recruiting duty. — The Secretary of War is authorized to detach from the Army at large such number of enlisted men as may be necessary to perform duty at the various recruiting stations, and while performing such duty one member of each party shall have the rank, pay, and allowances of sergeant and one the rank, pay, and allowances of corporal of the arm of the service to which they respectively belong. Sec. 31, act of Feh. 2, 1901 {31 Stat. 756). 704b. Temporary sergeants and corporals at recruiting depots. — Hereafter the Secretary of War may authorize the temporary ap- pointment of such number ^of sergeants and corporals in the com- to tlie pay of the grades actually held by them plus $6 per month, as provided in the act of May 11, 1908 ; and further, in answer to specific questions, Hem, That— («) The base or initial pay of the grade of mess sergeant. Corps of Engineers, is $36 per month, and no more. (6) The base or initial pay of the grade of mess sergeant in the Infantry, Cavalry, and Artillery is $30 per month, and no more. (c) The continuous-service pay of persons appointed to the grade of mess sergeant should be computed on the basis of the rates mentioned in the answers to questions (a) and (&). (f/) The arms of the service for which the act of June 3. 1916, makes pro- vision for mess sergeants are not entitled to have additional mess sergeants as- signed or detailed thereto. Such provision is complete as to such organizations. (Comptroller W. W. Warwick, June 30, 1916.) (War Dept. Bull. 18, July 8, 1916.) ^ Held, That while an enlisted man on leave of absence or ordinary furlough is unquestionably to be deemed in active service within the meaning of this term as used in the statute mentioned, it would go beyond the primary purpose of the law to apply it to a case like this where the furlough has been granted to an enlisted man under authority of regulations to extend to the date of his retirement, it not being within the contemplation of the authorities granting the furlough that he will ever resume active duty, and that, therefore, in such eases the soldier may accept employment or engage in business without ref- erence to the provisions of section 35 of the national defense act. (War Dept. Bull. 3, Jan. 19, 1917.) "^Ueld, That this provision relates to the pay of grades and not of individuals, and that demotion of individual soldiers, if found necessary to be made in order to comply with the law providing for a reduction in the members of grades in any particular line of the Army, is not a reduction of pay or allow- ances fixed by law for such grades, and hence would not be prohibited by this provision. (Comp. Treas., July 19, 1916, War Dept. Bull. 28, Aug. 18, 1916.) 710 MILITARY LAWS OF THE UNITED STATES. panies at the general recruiting depots as ma}^ be necessary for the proper control and instruction of the varying number of recruits attached to such companies. Act of Mar. 3, 1909 {35 Stat, 741). 704c. One enlisted man at each recruit depot to have rank, pay, aiid allowances of a regimental sergeant major. — Hereafter one of the enlisted men detached from the Army at large for duty at each of the recruit depots under the provisions of the Act of June twelfth, nineteen hundred and six, shall, while so detached, have the rank, pay, and allowances of a regimental sergeant major. Act of Aug. ^9, 1916 {39 Stat. 624-)- 721a. Transportation of change of station allowance of baggage on discharge for disahility of enlisted man having ten years or ■more of service. — Hereafter when an enlisted man having ten or more years' service in the Army is discharged on account of disability incurred in the line of duty, transportation of his authorized change of station allowance of baggage from his last duty station to his home in addi- tion to other travel allowances fixed by law may be authorized by the Secretary of War. Id. 633. 727a. Pay and allowances of soldier sentenced to dishonoraljle dis- charge during execution of impended sentence. — Hereafter pay and allowances shall not accrue to a soldier under sentence of dishonor- able discharge during such period as the execution of the sentence of discharge may be suspended under authority of the act of Congress approved April twenty-seventh, nineteen hundred and fourteen, and pay which has heretofore been forfeited under such suspended sen- tence shall not be held to have accrued to the Soldiers' Home under the operation of section forty-eight hundred and eighteen, Revised Statutes, but shall be covered back into the Treasury of the United States. Act of Mar. 4, WIS {38 Stat. 1065), (This provision will also be found under paragraph 1507a.) CHAPTER XIX. THE MEDICAL DEPAETMENT. Par. The Medical Department, compo- sition of 728a Not to exceed five officers of may be detailed with American Red Cross 728b Veterinary Corps 728c-728n Composition of 728c Appointment of assistant veteri- narian, qualifications and ex- amination for 728d Same — Rank, pay, and allow- ances of 728e Same — Examination for promo- tion 728f \ eterinarians now in Army ap- pointed in Veterinary Corps, rank and pay of 728g Same — Examination for 728h Same — Retirement of if found physically disqualified 728i Appointment of reserve veteri- narians, pay and allowances of 728j Same — Qualifications of ; eligible for appointment as assistant veterinarian 728k Probationary appointment of as- sistant veterinarians from eli- gible list in order of merit 7281 Same — Discharge of probation- ary veterinarians whose 'serv- ices are unsatisfactory 728m Boards of examiners, composi- tion of 728n The Medical Corps 729a-732c Composition of 729a Upon reduction by law of author- ized enlisted strength of Army no original appointments to be made to commissioned rank in until it has been proportion- ally reduced 729b Par. Medical officers appointed to meet increase in time of war to be honorably discharged when strength of Army is re- ' duced 729c Relative rank of captains, method of determining 731a Appointment in, qualifications for, and promotion 732a Same — Provision as to age limit repealed 732b Same — Age limit after January 1, 1918 732c Dental surgeons 750a-750c Rank, pay, allowances, qualifica- tions, and number of : 750a Same — Number of majors lim- ited to 15 750b Same — Examination for promo- tion same as for officers of Medical Corps 750c P^nlisted force 756a-766g Composition of 756a Enlisted men in Hospital Corps at date of approval of act transferred to corresponding grades in Medical Department- 756b Appointment and qualifications of miister hospital sergeahts— 760a Privates, first class, eligible for ratings for additional pay as nurses and dispensary or sur*- gical assistants 765a Same — No man shall receive more than one rating for ad- ditional pay 765b Original enlistments to be in grade of private and reenlist- ments, transfers, etc.. to be under prescribed regulations, 766a Enlisted men, total number not to exceed 5 per cent of enlisted strength of Army 766b 711 712 MILITARY LAWS OF THE UNITED STATES. Same — Additional men may be enlisted in time of actual or threatened hostilities Number of master hospital ser- geants, hospital sergeants, ser- geants first class, sergeants, corporals, and cooks Number of horseshoers, saddlers, farriers, and mechanics _ Number of first-class privates and privates Upon reduction by law of au- thorized enlisted strength of Army no promotion of non- commissioned officers will be made until their percentage has been reduced proportion- ally Allowances of superintendent — Sale of medical supplies to American Red Cross Loan of sanitary equipment of Army and Navy to American Red Cross Par. 766c 766d 766e 766f 766g 770a 775a 775b Same — Return to be provided for and bond to be required Same — Extended for instruction of persons who may volunteer for training within certain period Sales of medical supplies to civilian employees Proceeds of sales of medical and hospital supplies, disposition of Settlement of accounts between other bureaus of War Depart- ment, etc., and Medical De- partment Hospital care Canal Zone garri- son ; rate of commutation of rations and appropriation from which payable Same Applications for trusses Purchase of trusses Par. 775c 775d 775e 775f 776a 776b 783a 783b 728a. The Medical Department, composition of. — The Medical De- partment shall consist of one Surgeon General, with the rank of major general during the active service of the present incumbent of that office, and thereafter with the rank of brigadier general, who shall be chief of said department, a Medical Corps, a Medical Ke- serve Corps within the limit of time fixed by this Act, a Dental Corps, a Veterinary Corps, an enlisted force, the Nurse Corps and contract surgeons as now authorized by law, the commissioned offi- cers of which shall be citizens of the United States. Sec. 10^ Act of June 3, 1916 {39 Stat. 171). (For the next provision of this section see par. 729a. For the provision of sec. 37 abolishing the Medical Reserve Corps one year after passage of act, see par. 1539.) 728b. Not to exceed five officers of^ may he detailed with American Bed Cross. — Hereafter the President shall be authorized to detail not to exceed five officers of the Medical Department of the Army for duty with the military relief division of the American National Red Cross. Id. (For other provisions of this section, preceding this paragraph, see pars. 729a, 729b, 729c, 731a, and 732a.) VETERINARY CORPS. 728c. Composition of. — The President is hereby authorized, by and with the advice and consent of the Senate, to appoint veterinarians MILITARY LAWS OF THE UNITED STATES. 713 and assistant veterinarians in the Army, not to exceed, including veterinarians now in service, two such officers for each regiment of Cavah-y, one for every three batteries of Field Artillery, one for each mounted battalion of Engineers, . seventeen as inspectors of horses and mules and as veterinarians in the Quartermaster Corps, and seven as inspectors of meats for the Quartermaster Corps; and said veterinarians and assistant veterinarians shall be citizens of the United States and shall constitute the Veterinary Corps and shall be a part of the Medical Department of the Army. Sec. 16^ act of June 3, 1916 {89 Stat 176) . (See pars. 544, 1078, and 1079 for existing law relative to veterinarians.) 728d. Appointment of assistant veterinaman^ qualifications and ex- a^iination for. — Hereafter a candidate for appointment as assistant veterinarian must be a citizen of the United States, between the ages of twenty-one and twenty-seven years, a graduate of a recognized veterinary college or university, and shall not be appointed until he shall have passed a satisfactory examination as to character, physical condition, general education, and professional qualifications. Id. 728e. Same — Rank^ P^^^y-, <^ii^^ alloioances of. — An assistant veterina- rian appointed under this Act shall, for the first five years of service as such, have the rank, pay, and allowances of second lieutenant; that after five years of service he shall have the rank, pay, and alloAvances of first lieutenant ; that after fifteen years of service he shall be pro- moted to be a veterinarian with the rank, pay, and allowances of captain, and that after twenty years' service he shall have the rank, pay, and allowances of a major. Id. 728f. Same — Exam^ination for prcmwtion. — Any assistant veteri- narian, in order to be promoted as hereinbefore provided, must first pass a satisfactory examination, under such rules as the President may prescribe, as to professional qualifications and adaptability for the military service; and if such assistant veterinarian shall be found deficient at such examination he shall be discharged from the Army with one year's pay. Id. 728g. Veterinarians noio in Army appointed in Veterinary Corps^ ranh and pay of. — The veterinarians of Cavalry and Field Artillery now in the Army, together with such veterinarians of the Quarter- master Corps as are now employed in said corps, who at the date of the approval of this Act shall have had less than five years' govern- mental service, may be appointed in the Veterinary Corps as assist- ant veterinarians with the rank, pay, and allowances of second lieu- tenant ; those who shall have had over five years of such service may be appointed in said corps as assistant veterinarians with the rank, pay, and allowances of first liutenant ; and those who shall have had over fifteen years of such service may be appointed in said corps as 712 MILITAKY LAWS OF THE UNITED STATES. Same — Additional men may be enlisted in time of actual or threatened hostilities Number of master hospital ser- geants, hospital sergeants, ser- geants first class, sergeants, corporals, and cooks Number of horseshoers, saddlers, farriers, and mechanics _ Number of first-class privates and privates Upon reduction by law of au- thorized enlisted strength of Army no promotion of non- commissioned officers will be made until their percentage has been reduced proportion- ally _ Allowances of superintendent — Sale of medical supplies to American Red Cross Loan of sanitary equipment of Army and Navy to American Red Cross Par. 766c 766d 766e 766f 766g 770a 775a 775b Same — Return to be provided for and bond to be required — Same — Extended for instruction of persons who may volunteer for training witliin certain period Sales of medical supplies to civilian employees Proceeds of sales of medical and hospital supplies, disposition of Settlement of accounts between other bureaus of War Depart- ment, etc., and Medical De- partment Hospital care Canal Zone garri- son; rate of commutation of rations and appropriation from which payable Same , Applications for trusses Purchase of trusses Par. 775c 775d 775e 775f T75g 776a 776b 783a 783b 728a. TTie Medical DefaHment^ composition of. — The Medical De- partment shall consist of one Surgeon General, with the rank of major general during the active service of the present incumbent of that office, and thereafter with the rank of brigadier general, who shall be chief of said department, a Medical Corps, a Medical Re- serve Corps within the limit of time fixed by this Act, a Dental Corps, a Veterinary Corps, an enlisted force, the Nurse Corps and contract surgeons as now authorized by law, the commissioned offi- cers of which shall be citizens of the United States. Sec. 10^ Act of June 3, 1916 (39 Stat. 171). (For the next provision of this section see par. 729a. For the provision of sec. 37 abolishing the Medical Reserve Corps one year after passage of act, see par. 1539.) 728b. Not to exceed five officers of^ may he detailed tvith Ame^^ican Bed Cross. — Hereafter the President shall be authorized to detail not to exceed five officers of the Medical Department of the Army for duty with the military relief division of the American National Red Cross. Id. (For other provisions of this section, preceding this paragraph, see pars. 729a, 729b, 729c. 731a, and 732a.) VETERINARY CORPS. 728c. Composition of. — The President is hereby authorized, by and with the advice and consent of the Senate, to appoint veterinarians MILITARY LAWS OF THE UNITED STATES. 713 and assistant veterinarians in the Army, not to exceed, including veterinarians now in service, two such officers for each regiment of Cavah-y, one for every three batteries of Field Artillery, one for each mounted battalion of Engineers,, seventeen as inspectors of horses and mules and as veterinarians in the Quartermaster Corps, and seven as inspectors of meats for the Quartermaster Corps; and said veterinarians and assistant veterinarians shall be citizens of the United States and shall constitute the Veterinary Corps and shall be a part of the Medical Department of the Army. Sec. 16^ act of June 3, 1916 {89 Stat, 176) . (See pars. 544, 1078, and 1079 for existing law relative to veterinarians.) 728d. Appointment of assistant veterinarian^ qualifLcations and ex- anmnxition for, — Hereafter a candidate for appointment as assistant veterinarian must be a citizen of the United States, between the ages of twenty-one and twenty-seven years, a graduate of a recognized veterinary college or university, and shall not be appointed until he shall have passed a satisfactory examination as to character, physical condition, general education, and professional qualifications. Id, 728e. Same — Rank^ /;«?/, and alloioances of. — An assistant veterina- rian appointed under this Act shall, for the first five years of service as such, have the rank, pay, and allowances of second lieutenant; that after five years of service he shall have the rank, pay, and allowances of first lieutenant; that after fifteen years of service he shall be pro- moted to be a ATterinarian with the rank, pay, and allowances of captain, and that after twenty years' service he shall have the rank, pay, and allowances of a major. Id, 728f. Sam,e — Examination for promotion. — Any assistant veteri- narian, in order to be promoted as hereinbefore provided, must first pass a satisfactory examination, under such rules as the President may prescribe, as to professional qualifications and adaptability for the military service; and if such assistant veterinarian shall be found deficient at such examination he shall be discharged from the Army with one year's pay. Id. 728g. Y eteriruirians noiu in Army appointed in Veterinary Corps^ rank and pay of, — The veterinarians of Cavalry and Field Artillery noAv in the Army, together with such veterinarians of the Quarter- master Corps as are now employed in said corps, who at the date of the approval of this Act shall have had less than five years' govern- mental service, may be appointed in the Veterinary Corps as assist- ant veterinarians with the rank, pay, and allowances of second lieu- tenant ; those who shall have had over five years of such service may be appointed in said corps as assistant veterinarians with the rank, pay, and allowances of first liutenant; and those who shall have had over fifteen years of such service may be appointed in said corps as 716 • MILITARY LAWS OF THE UNITED STATES. of seven to one thousand of such reduced enlisted strength, no original appointment to commissioned rank in said corps shall be made until the total number of commissioned officers thereof shall have been reduced below the equivalent of seven to the thousand of the said reduced enlisted strength, nor thereafter so as to make the total number of commissioned officers thereof in excess of the equivalent of seven to the thousand of said reduced enlisted strength; and no promotion shall be made above the grade of captain in said corps until the number of officers in the grade above that of captain to which the promotion is due shall have been reduced below the pro- portional number authorized for such grade on the basis of the reduced enlisted strength, nor thereafter so as to make the number of officers in such grade in excess of the proportional number authorized on the basis of said reduced enlisted strength. Id. 729c. Medical officers appointed to meet increase in time of war to he honorably discharged when strength of Army is reduced. — When in time of war the Regular Army shall have been increased by virtue of the provisions of this or any other Act, the medical officers appointed to meet such increase shall be honorably discharged from the service of the United States when the reduction of the enlisted strength of the Army shall take place. Id. (For the next provision of this section see paragraph 732a.) 731a. Relative rank of captains^ method of determining. — Eelative rank among captains in the Medical Corps, who have or shall have attained that rank by operation of law after a period of service fixed thereby, shall be determined by counting all the service rendered by them as officers in said corps and as assistant surgeons in the Regular Army, subject, however, to loss of files by reason of sentence of court- martial or by reason of failure to pass examination for promo- tion. Id. . (For the next preceding provision of this section see paragraph 732a.) 732a. Appointment in, qualification^ for, and promotion. — Persons hereafter commissioned in the Medical Corps shall be citizens of the United States between the ages of twenty-two and thirty years and shall be promoted to the grade of captain upon the completion of five years' service in the Medical Corps and upon passing the exami- nations prescribed by the President for promotion to the grade of captain in the Medical Corps.^ Id. (For the next ensuing provision of this section see paragraph 728b.) * Under existing law there are two courses of action prescribed in respect to medical officers who fail to qualify for promotion for reasons other than phys- ical disability incurred in line of duty— the act of April 23, 1908 (35 Stat. 67), which applies to captains and lieutenants, providing that upon their failure to pass the examination the finding of the examining board shall be passed upon by a board of review, and if it be concurred in by the board of review the officer shall be discharged with one year's pay ; the other, the act of March 3, MILITARY LAWS OF THE UNITED STATES. 717 732b. ^mne — Provision as to age limit repealed.— ^o much of the Act of June third, nineteen hundred and sixteen, as rehites to the age limit for eligibility to appointment of first lieutenants in the Medical Department of the Army, be, and the same is hereby, repealed. Act of Aug. 29, 1916 {39 Stat. 6^0) . 732c. Same — Age limit after January first, nineteen hundred and eighteen. — After January first, nineteen hundred and eighteen^ tlie maximum age limit for eligibility to appointment of first lieutenants in the Medical Department of the Army shall be thirty-two years. Id. DENTAL SURGEONS. 750a. Rank, pay, allowances, qualificati-ons, and numiber of* — The President is hereby authorized to appoint and commission, by and with the advice and consent of the Senate, dental surgeons, who are citizens of the United States between the ages of twenty-one and twenty-seven years, at the rate of one for each one thousand enlisted men of the line of the Army. Dental surgeons shall have the rank, pay, and allowances of first lieutenants until they have completed eight years' service. Dental surgeons of more than eight but less than twenty-four years' service shall, subject to such examination as the President may prescribe, have the rank, pay, and allowances of captains. Dental surgeons of more than twenty-four years' service shall, subject to such examination as the President may prescribe, have the rank, pay, and allowances of major.^ Sec, 10, Act of June 3,1916 {39 suit. 173). (For provisions of this section preceding tbis paragraph see paragraphs 728a, 729a, 729b, 729c, 732a, 731a, 728b, 756a, 760a, 766a, 7.j6b, 766c, 766(1, 766e, 766f, 766g, 765a, 765b.) 1909 (35 Stat. 737), which applies in terms to majors, and provides that if such oflicer fails to pass an examination for promotion, for reasons other than physical disability incurred in line of duty, he shall be suspended from pro- motion and reexamined after the expiration of one year, and if he then fails to pass he shall be retired without promotion. Held, that by the above-quoted provision of the national defense act the provisions of the act of March 3, 1909, supr^a, relating to exjimination of majors of the Medical Corps and the action to be taken in case of failure to qualify for promotion, is extended to include promotions of officers of the Medical Corps above the grade of major and below the grade of brigadier general. (War Dept. Bull. 18, July 8, 1916.) ^IleUl, that tlie provision quoted from the act of 1911 was not repealed by the national defense act, and that the two provisions should be read together; that the term " years' service " as used in the act of June 3, 1916, includes service under contract as well as service under commission, and is limited to service as a dental surgeon under contract or commission; and that therefore, in computing under said law the length of service of dental surgeons, for promo- tion and other purposes, all such dental surgeons as are otherwise eligible and have service as contract dental surgeons or acting dental surgeons prior to June 3, 1916, shall be given credit for the length of their service as such contract dental surgeons or acting dental surgeons, in addition to credit for service as lirst lieutenant under the act of Mar. 3, 1911. (Comp. Treas., July 22, 1916. War Dept. Bull. 28, Aug. 18, 1916.) Held, that this provision for advancement does not contemplate that it shall be by way of a new appointment and commission, as only the one office, that of 718 MILITABY LAWS OF THE UNITED STATES. 750b. Same — Number of majors limited to fifteen. — The total num- ber of dental surgeons with rank, pay, and allowances of major shall not at any time exceed fifteen. Id. 750c. Saw£ — Examination for proTnotion same as for officers of Medical Corps, — All laws relating to the examination of officers of the Medical Corps for promotion shall be applicable to dental sur- geons. Id, (For the last provision of this section see paragraph 1279a.) ENLISTED FORCE. 756a. Composition ^of. — The enlisted force of the Medical Depart- ment shall consist of the following personnel, who shall not be in- cluded in the effective strength of the Army nor counted as a part of the enlisted force provided by law: Master hospital sergeants, hospital sergeants, sergeants (first class) , sergeants, corporals, cooks, horseshoers, saddlers, farriers, mechanics, privates (first class), and privates. Id. 172. (For provision of this section immediately preceding this paragraph see para- graph 728b. For authorization for one thousand additional sergeants for detail from the Infantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artil- lery Corps, Medical Department, and Signal Corps of the Regular Army, with corresponding organizations of the National Guard, to assist in the instruction of its personnel and the care of property ; and the similar detail of one hundred additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1332a.) 756b. Enlisted men in Hospital Corps at date of approval of Act transferred to corresponding grades in Medical Department. — ^The enlisted men of the Hospital Corps who are in active service at the time of the approval of this Act are hereby transferred to the cor- responding grades of the Medical Department established by this Act.i Id. (For provisions of this section immediately preceding this paragraph see paragraphs 760a and 766a.) dental surgeon, is created, and that increases in rank, pay and allowances come by operation of law and depend exclusively upon length of service and the passing of required examinations. Held further, that dental surgeons are entitled to the benefits of section 32 of the act of Feb. 2, 1901 (31 Stat. 756), providing that: " When the exigencies of the service of any officer who would be entitled to promotion upon examination require him to remain absent from any place where an examining board could be convened, the President is hereby au- thorized to promote such officer, subject to examination, and the examination shall take place as soon thereafter as practicable." (War D6pt. Bull. 47, Nov. 16, 1916.) ^ Held, that the saving clause at the end of section 28, national-defense Act, operates to continue the pay of the grade of private. Hospital Corps, for the benefit of enlisted men during the remainder of their enlistments existing June 3, 1016, and that therefore the soldier, upon his reduction to the grade of pri- vate, was entitled to the old rate of $16 per month. (War Dept. Bull. 57, Dec. 22, 1916.) MILITARY LAWS OF THE UNITED STATES. 719 760a. Appointment and quaXl-fications of master hospital ser- geants. — Master hospital sergeants shall be appointed by the Secre- tary of War, but no person shall be appointed master hospital ser- geant until he shall have passed a satisfactory examination under such regulations as the Secretary of War may prescribe before a board of one or more medical officers as to his qualifications for the position, including knowledge of pharmacy, and demonstrate -his fitness therefor by service of not less than twelve months as hospital sergeant or sergeant, first class. Medical Department, or as sergeant, first class, in the Hospital Corps now established by law; and no person shall be designated for such examination except by written authority of the Surgeon General. Id, (For provision of this S€M:tion immediately preceding this paragraph see para- graph 756a.) 765a. Privates^ first class ^ eligible for ratings for additional pay as nurses and dispensary or surgical assistants. — Privates, first class, of the Medical Department shall be eligible for ratings for additional pay as follow^s: As dispensary assistant, $2 a month; as nurse, $3 a month ; as surgical assistant, $5 a month. Id. (For the provisions of this section immediately preceding this paragraph see paragraphs 766a, 756b, 766b, 766c, 766d, 766e, 766f, and 766g.) 765b. Sam£ — No man shall receive more than one rating for addi- tional pay. — No enlisted man shall receive more than one rating for additional pay under the provisions of this section, nor shall any enlisted man receive am^ additional pay under such rating unless he shall have actually performed the duties for which he shall be rated. Id. 173. 766a. Original enlistments to he in grade of private and reenlist- Tnents^ transfers^ etc., to he under prescribed regulations. — Original enlistments for the Medical ^Department shall be made in the grade of private, and reenlistments and promotions of enlisted men therein, except as hereinbefore prescribed, and transfers thereto from the enlisted force of the line or other staff departments and corps of the Army shall be governed by such regulations as the Secretary of War may prescribe. Id. 172. (For provision of this section immediately preceding this paragraph, see par. 760a.) 766b. Enlisted men., total numher not to exceed five per centum of enlisted strength of Army. — The total number of enlisted men in the Medical Department shall be approximately equal to, but not exceed, except as hereinafter provided, the equivalent of five per centum of the total enlisted strength of the Army authorized from time to time by law. Id. (For provision of this section immediately preceding this paragraph, see par. 756b.) 720 MILITARY LAWS OF THE UNITED STATES. 766c. Same — Additional 'rnen may he enlisted in time of actual or threatened hostilities. — In time of actual or threatened hostilities, the Secretary of War is hereby authorized to enlist or cause to be enlisted in the Medical Department such additional number of men as the service may require. Id. 766d. Number of master hospital sergeants^ hospital sergeants^ ser- geants {first-class)^ sergeants^ corporals^ and cooks. — ^The number of enlisted men in each of the several grades designated below shall not exceed, except as hereinafter provided, the following percentages of the total authorized enlisted strength of the Medical Department, to wit : Master hospital sergeants, one-half of one per centum ; hos- pital sergeants, one-half of one per centum; sergeants, first class, seven per centum; sergeants, eleven per centum; corporals, five per centum ; and cooks, six per centum. Id, 766e. Number of horseshoers^ saddlers^ farriers^ and mechanics. — The number of horseshoers, saddlers, farriers, and mechanics in the Medical Department shall not exceed one each to each authorized ambulance company or like organization. Id. 766f. Number of first-class privates and privates. — In said depart- ment the number of privates, first class, shall not exceed twenty-five per centum of the number of privates. Id. 766g. Upon reduction by law of authorized enlisted strength of Army no promotion of noncommissioned officers will be made until their percentage has been reduced proportionally. — If by reason of a reduction by operation of law in the authorized enlisted strength of the Army aforesaid the number of noncommissioned officers of any grade in the Medical Department whose warrants were issued previ- ously to such reduction shall for the time being exceed the per- centage hereinabove specified for such grade, no promotion to such grade shall be made until the percentage of noncommissioned officers therein shall have been reduced below that authorized for such grade on the basis of the said reduced enlisted strength, nor thereafter so as to make the percentage of noncommissioned officers therein in excess of the percentage authorized on the basis of the said reduced enlisted strength; but noncommissioned officers may be reenlisted in the grades held by them previously to such reduction regardless of the percentages aforesaid; and when under this • provision the number of noncommissioned officers of any grade exceeds the per- centage specified, any noncommissioned officer thereof, not under charges, may be discharged on his own application. Id. 770a. Allowances of superintendent. — Hereafter the superintend- ent shall receive such allowances of quarters, subsistence, and medical care during illness as may be prescribed in regulations by the Secre- tary of War. Act of Aug. 29, 1916 {39 Stat. 626). MILITARY LAWS OF THE UNITED STATES. 721 775a. Sale of medical supplies to American Red Cross,— H.ereQ.lter^^ with the approval of the Secretary of War and at rates of charge of not less than the contract prices paid therefor plus twenty-five per centum to cover the cost of purchase, inspection, and so forth, the Medical Department of the Army may sell for cash to the American National Red Cross such medical supplies and equipments as can be spared without detriment to the military service. Act of 31 ar ^IQlo {S8 Stat. 1080), 775b. Loan of sanitary equipment of Army and Navy to American Red Cross, — The Secretary of War and the Secretary of the Navy be, and are hereby, authorized to issue, each at his discretion and under proper regulations to be prescribed by him, out of equipment for medical and other establishments on hand, belonging to the Gov- ernment and which can be temporarily spared, such articles as may appear to be required for instruction and practice by organizations formed by the American National Red Cross, for the purpose of rendering aid to the Army and Navy in war. Joint resolution No, 15, May 8, 1914 {38 Stat, 771), 775c. Same — Return to he provided for, and hond to he required. — The regulations prescribed by the Secretary of War or by the Sec- retary of the Navy, in pursuance of the authority granted by sec- tion one, shall provide for the immediate return of the articles of equipment loaned the American National Red Cross when called for by the authority which issued them; and the said Secretaries shall require a bond in each case, in double the value of the property, for the care and safe-keeping' thereof and for the return of the same when required. Sec. 2, id. 775d. Same — Extended for instruction of persons who rrmy volun- teer for training within certain period. — The provisions of section one of the joint resolution approved May eighth, nineteen hundred and fourteen, authorizing the issue of military and naval equipment to the American National Red Cross be, and they are hereby, so ex- tended as to permit the issue of the same to the American National Red Cross for the instruction of persons who may volunteer to re- ceive training by that association from May first to June first, nine- teen hundred and sixteen. Joint resolution No, — , May 18, 1916 (39 Stat, 164), 775e. Sales of medical supplies to civilian em^ployees, — Hereafter civilian employees of the Army stationed at military posts may, under regulations to be made by the Secretary of War, purchase necessary medical supplies when prescribed by a medical officer of the Army. Act of Apr, 23, 1904 {3S Stat. 273), 775f. Proceeds of sales of medical and hospital supplies, disposi- tion of. — Hereafter all moneys arising from dispositions of service- 92061°— 17 16 722 MILITARY LAWS OF THE UKITED STATES. able medical and hospital supplies authorized by law and regulation shall constitute one fund on the books of the Treasur}^ Department, which shall be available to replace medical and hospital supplies throughout the fiscal year in which the dispositions were effected and throughout the following fiscal year. Act of June 12^ 1906 {3Jf Stat. 256). 775g. Settlement of accounts between other bureaus of Wojr De- partment^ etc.^ and Medical Department. — Hereafter in the settle- ment of accounts between the appropriations of the Medical Depart- ment and those of any other branch of the Army service, or any bureau or office of the War Department, or any other executive de- partment or establishment of the Government, payment thereof may be made by the proper disbursing officer of the Medical Department or of the branch of the Army service, office, bureau, department, or establishment concerned. Act of Mar. ^, 1915 {38 Stat. 1080). 776a. Hospital care Canal Zone garrison; rate of commutation of rations and appropriation from which payable. — For paying the Panama Canal such reasonable - charges, exclusive of subsistence, as may be approved by the Secretary of War for caring in its hospitals for officers, enlisted men, military prisoners, and civilian employees of the Army admitted thereto upon the request of proper military authority: Provided^ That the subsistence of the said patients, ex- cept commissioned officers and acting dental surgeons, shall be paid to said hospitals out of the appropriation for subsistence of the Army at the rates provided therein for commutation of rations for enlisted patients in general hospitals. Act of Mar. 4, 1915 {38 Stat. 1080). (For similar provision in deficiencies Act, see Act of Mar. 4, 1915, 38 Stat. 114.4). 776b. Same. — For paying the Panama Canal such reasonable charges, exclusive of subsistence, as may be approved by the Secre- tary of War for caring in its hospitals for officers, enlisted men, military prisoners, and civilian employees of the Army admitted thereto upon the request of proper military authority: Provided^ That the subsistence of the said patients, except commissioned officers and acting dental surgeons, shall be paid to said hospitals out of the appropriation for subsistence of the Army at the rates provided therein for commutation of rations for enlisted patients in general hospitals. Act of Aug. 29, 1916 {39 Stat. 640). 783a. Application for trusses. — Application for such truss shall be made by the ruptured soldier to an examining surgeon for pen- sions, whose duty it shall be to examine the applicant, and when found to have a rupture or hernia to prepare and forward to the Surgeon General an application for such truss without charge to the soldier. See 1117, E. S. MILITARY LAWS OF THE UNITED STATES. 723 783b. Purchase of trusses. — The Surgeon General is authorized and directed to purchase the trusses required for such soldiers at whole- sale prices, and the cost of the same shall be paid upon the requisition of the Surgeon General out of any moneys in the Treasury not other- wise appropriated. See 1178 R. S, CHAPTER XX. THE CORPS OF ENGINEERS. Par. The Corps of Engineers 784a-792a Composition of 784a Vacancies, appointment to, un- der existing law; officers of Army or Navy may become candidates for appointment to, without vacating their com- missions 786a Regimental organization 790a Battalion and company organi- zations 790b Same — President may increase regimental, battalion, and company organizations 790c Same — Battalion and company organizations of mounted En- gineers 790d Par. Same — President may increase battalion and company organ- izations of mounted Engineers- 790e Detail of officers from Corps of Engineers for command of regiments, battalions, and companies 790f Part of line of Army 791a Band — Composition of 792a Per diem rate of $4 per day in lieu of subsistence for persons traveling outside District of Columbia, etc., whose expenses are chargeable to Army appro- priation act 808a 784a. Composition of. — The Corps of Engineers shall consist of one Chief of Engineers, with the rank of brigadier general ; twenty- three colonels; thirty lieutenant colonels; seventy-two major^; one hundred and fifty-two captains; one hundred and forty-eight first lieutenants; seventy-nine second lieutenants; and the enlisted men hereinafter enumerated. The Engineer troops of the Corps of Engi- neers shall consist of one band, seven regiments, and two mounted battalions. Sec. 11, Act of June S, 1916 {39 Stat. 173). (For authorization for 1,000 additional sergeants for detail from the In- fantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with correspond- ing organizations of the National Guard, to assist in the instruction of its personnel and the care of property, and the similar detail of 100 additional sergeants with the disciplinary organizations at the United States disciplinary barracks, see paragraph 1332a.) 786a. Vacancies, appointment to, under existing law; officers of Army or Navy may 'become candidates for appointment to, without vacating their commissions. — Appointments to the grade of second lieutenant in the Corps of Engineers, including those created by this Act, shall continue to be made as now provided by law, but that 725 726 MIUTAEY LAWS OF THE UNITED STATES. officers of the Army or Navy of the United States may become candi-'' dates for said appointments under the provisions of section five of the Act of Congress approved February twenty-seventh, nineteen hundred and eleven/ without previously vacating their commissions as officers, and that the Secretary of War may, in his discretion, allow persons to become candidates without previously establishing eligibility for appointment as junior engineer under the Engineer Bureau of the War Department. Sec. 2If, Id, 183. (For the provisions of this section preceding this paragraph, see paragraplis 331b, 331c, 331(1, 331e, and 33lf, and for the provision immediately following, see paragraph 331g.) 790a. Regimental organization, — Each regiment of Engineers shall consist of one colonel; one lieutenant colonel; two majors; eleven captains; twelve first lieutenents; six second lieutenants; two master engineers, senior grade; one regimental sergeant major; two regi- mental supply sergeants; two color sergeants; one sergeant bugler; one cook; one wagoner for each authorized wagon of the field and combat train, and two battalions. Sec. 11^ Id. T* /Ji. (For preceding provision of this section see paragraph 784a.) 790b. Battalion and company organizations. — Each battalion of a regiment of Engineers shall consist of one major; one captain; one battalion sergeant major; three master engineers, junior grade; and three companies. Each Engineer company (regimental) shall consist of one captain ; two first lieutenants ; one second lieutenant ; one first sergeant; three sergeants, first class; one mess sergeant; one supply sergeant; one stable sergeant; six sergeants; twelve corporals; one horseshoer ; two buglers ; one saddler ; two cooks ; nineteen privates, first class ; and fifty-nine privates. Id. 790c. Same — President mmf increase regimental^ battalion^ and coTYbfany organizations. — The President may, in his discretion, in- crease a regiment of Engineers by two master engineers, senior grade, and two sergeants ; each battalion of a regiment of Engineers by three master engineers, junior grade; and each Engineer company (regi- mental) by two sergeants, six corporals, one cook, twelve privates, first class, and thirty-four privates. Id, (For the ensuing provision of this section see paragraph 792a.) 790d. Same — Battalion and company organizations of mounted Engineers. — Each battalion of mounted Engineers shall consist of one major; five captains; seven first lieutenants; three second lieutenants; one master engineer, senior grade ; one battalion sergeant major ; one battalion supply sergeant; three master engineers, junior grade; one corporal ; one wagoner for each authorized wagon of the field and * See par. 785, ante. MILITARY LAWS OF THE UNITED STATES. 727 combat train ; and three mounted companies. Each mounted Engi- neer company shall consist of one captain ; two first lieutenants ; one second lieutenant; one first sergeant; two sergeants, first class; one mess sergeant; one supply sergeant; one stable sergeant; four ser- geants; eight corporals; two horseshoers; one saddler; two cooks; two buglers; twelve privates, first class; and thirty-seven privates. Id,17i. (For the provision of this section immediately preceding this paragraph see paragraph 792a.) 790e. Same — President may increase battalion and company or- ganizations of mounted Engineers, — The President may, in his dis- cretion, increase the battalions of mounted Engineers by one master engineer, senior grade; two sergeants; and three master engineers, junior grade; and a mounted Engineer company by two sergeants; three corporals; eight privates, first class; and twenty-four priv- ates. Id. 790f. Detail of officers from Corps of Engineers for command of regiments^ battalions^ and companies. — Appropriate officers to com- mand the regiments, battalions, and companies herein authorized and for duty with and as staff officers of such organizations shall be de- tailed from the Corps of Engineers, and shall not be in excess of the numbers in each grade enumerated in this section. Id. 791a. Part of line of Army. — The enlisted force of the Corps of Engineers and the officers serving therewith shall constitute a part of the line of the Army. Id. 792a. Band., composition of. — The Engineer band shall consist of one band leader; one assistant band leader; one first sergeant; two band sergeants ; four band corporals ; two musicians, first class ; four musicians, second class; thirteen musicians, third class; and two cooks. Id. (For provisions of this section preceding this paragraph, see paragraphs 784a, 790;i, 790b, and 790c, and for the provisions following it see paragraphs 790d, 790e, 790f, and 791a.) 808a. Per diem rate of $Jf per day in lieu of subsistence for persons traveling ^ outside District of Columbia., etc., whose expenses are chargeable to Army appropriation Act. — Where the expenses of per- sons engaged in field work or traveling on official business outside of the District of Columbia and away from their designated posts of duty are chargeable to appropriations of the Engineer Department contained in the Army appropriation Act for the fiscal year nineteen hundred and seventeen, a per diem rate of $4 may be allowed in lieu of subsistence. Act of Aug. 29, 1916 {39 Stat. 64£). CHAPTER XXL THE ORDNANCE DEPARTMENT— ARMOEIES AND ARSE- NALS— BOARD OF ORDNANCE AND FORTIFICATION. Par. The Ordnance Department- 809a-825b Composition of 809a Details 812a Detail of majors for duty in 813a Detail of not to exceed 30 stu- dent officers in establishments of the Ordnance Department- 813b Ordnance sergeants, qualifica- tions and appointment 820a Chief of Ordnance member of commission on manufacture of Government articles by prison- ers at United States peniten- tiaries . 822a Public quarters — Occupancy by Ordnance officer of brick house at proving ground not occupancy of 825a Same — Per diem expenses of officers not occupying 825b Ammunition, etc., for small- arms target practice, instruc- tion of civilians, etc 831a Par. Sale of ordnance and ordnance stores to Government of Cuba 844a Condemned cannon, etc., do- nated to patriotic organiza- tions, etc., Government not to transport, and to remain sub- ject to orders of Secretary of War 849a Same 849b Additional compensation for master armorer at Springfield Armory 854a Certain appropriations avail- able for allowance in lieu of subsistence for civilians trav- ing outside of the District 857a Same 857b Salaries of clerks at Springfield Armory 857c Taylor system — No salary to be paid officer, superintendent, manager, or foremen using 864a Same 864b THE ORDNANCE DEPARTMENT. 809a. Composition of. — The Ordnance Department shall consist of one Chief of Ordnance, with the rank of brigadier general; ten colonels; fifteen lieutenant colonels; thirty-two majors; forty-two captains ; forty-two first lieutenants ; the ordnance sergeants, as now authorized by law, and such other enlisted men of grades now au- thorized by law as the President may direct. — /See. i^. Act of June 3,1916 {89 Stat. 174). (For the ensuing provision of this section see paragraph 820a.) 729 730 MILITARY LAWS OF THE UlN^ITED STATES. 812a. Details. — Vacancies which may occur in the commissioned personnel of the Ordnance Department shall be subject to the pro- visions of sections twenty-six and twenty-seven of the Act approved February second, nineteen hundred and one, the Acts approved June twenty-fifth, nineteen hundred and six, and February twenty- fourth, nineteen hundred and fifteen, and Acts amendatory thereof relating to the Ordnance Department. Id. (For the provision of this section immediately preceding this paragraph see paragraph 820a, and for the ensuing provision of the section see paragraph 81S(b.) 813a. Detail of majors for duty in. — Majors may be detailed in the Ordnance Department, under section twenty-six of the Act approved February second, nineteen hundred and one, and Acts amendatory thereof,^ without a compulsory period of service out of that department. Act of Feb. H, 1916 {38 Stat. 812) . 813b. Detail of not to exceed thirty student ofleers in establish- ments of the Ordnance Department. — Hereafter the Secretary of War is authorized to detail not to exceed thirty lieutenants from the Army at large for duty as student officers in the establishments of the Ordnance Department for a period of two years ; and the com- pletion of the prescribed course of instruction shall constitute the examination for detail in the Ordnance Department. Sec. 12, Act of June 3, 1916 {39 Stat, in), (For provisions of this section preceding this paragrapli see paragraphs 809a, 820a, and 812a.) 820a. Ordnance sergeants., qualifvcations and appointm^ent. — Ord- nance sergeants shall be selected by the Secretary of War from the sergeants of the line or Ordnance Department who shall have served faithfully for eight years, including four years in the grade of non- commissioner officer. Id. (For the provision of this section preceding this paragraph see paragraph 809a, and for ensuing provision see paragrapli 812a.) 822a. Chief of Ordnance member of commission on manufacture of Government articles by prisoners at United States penitentiaries. — There is created a commission, to be composed of the Chief of Ord- nance of the United States Army, the Chief of Ordnance of the United States Navy, the superintendent of prisons of the Depart- ment of Justice, and the purchasing agent of the Post Office Depart- ment, who shall serve without additional compensation and who shall report to Congress not later than the first Monday in Decem- ber, nineteen hundred and sixteen, detailed estimates and plans for equipping the United States penitentiaries for the manufacture, by the prisoners, of various articles used by the Government. Such report shall indicate what articles it is thought desirable to be so ' See pars. 373-385, ante. MILITARY LAWS OF THE UNITED STATES. 731 manufactured; the cost of equipping existing buildings and the erection and equipping of any other necessary buildings; the prob- able cost of manufacture of such articles and the price now paid under contract ; and such other data as may be pertinent to the gen- eral inquiry. For expenses of the commission, to be paid on vouch- ers to be approved by the chairman, who shall be selected by the members thereof, $5,000. Act of Sept 8, 1916 {39 Stat. 819), _^ \ 825a. Public quarters — Occupancy hy ordnance officer of hrick house at proving ground not occupancy of. — Hereafter the occupancy by such officers, providing themselves with quarters elsewhere, of one room in the building at the proving ground locally known as the brick house, shall not be construed as occupancy of public quar- ters within the meaning of this Act and of the law authorizing allow- ance and commutation of quarters. Act of Mar. 3^ 1915 (38 Stat, 889). 825b. SaTne — Per diem expenses of officers not occupying, — For necessary expenses of officers not occupying public quarters at the proving ground while employed on ordnance duty thereat, at the rate of $2.50 per diem while so employed. Id. 831a. Aminunition^ etc.^ for small-arms target practice^ instruction of civilians^ etc. — For manufacture and purchase of ammunition, targets, and other accessories for small-arms, hand, and machine-gun target practice and instruction ; marksmen's medals, prize arms, and insignia for all arms of the service ; and ammunition, targets, target materials, and other accessories may be issued for small-arms target practice and instruction of able-bodied males capable of bearing arms and at the educational institutions and State soldiers' and sailors' orphans' homes to which issues of small arms are lawfully made, under such regulations as the Secretary of War may prescribe, pro- vided the total value of the stores so issued to the educational insti- tutions and homes does not exceed $30,000, $3,000,000. Provided^ That not more than $1,500,000 of this appropriation may be used for the purchase of articles not manufactured by the Government and necessary for small-arms target practice. Act of Aug. 29, 1916 {39 Stat., 6Jf3), 844a. Sale of ordnance and ordnance stores to Govemm^ent of Cuba. — The Secretary of War is hereby authorized to sell, at the prices fixed and published by the Chief of Ordnance, to the Govern- ment of Cuba such articles and quantities of ordnance and ordnance stores as may be desired by that Government for the equipment of its troops and as may be approved by the President of the United States Id. 849a. Condemned cannon, etc., donated to patriotic organizations, etc., Government not to transpoi't, and to remain subject to orders of Secretary of War. — No expense shall be incurred by the United 732 MILITARY LAWS OF THE UNITED STATES. l?tates through the delivery of any of the foregoing condemned mili- tary equipment : And provided further, That each and every article of condemned military equipment covered by this Act shall be sub- ject at all time to the order of the Secretary of War. Act of Mar, 4, 1915 {38 Stat, 1212), 849b. Same, — No expense shall be incurred by the United States through the delivery of any of the foregoing condemned military equipment: Provided further, That each and every article of con- demned military equipment covered by this Act shall be subject at ill times to the order of the Secretary of War. Act of Sept, 8, 1916 (39 Stat. 843), I 854a. Additional compensation for master armorer at Springfield Armory, — In addition to the compensation now allowed and paid to the master armorer at the national armory in Springfield, Massa- chusetts, there shall be paid to him, from and after the passage of this Act, further compensation at the rate of one thousand dol- lars per annum during such time as he shall perform the duties of master machinist at said armory in addition to those of master armorer. Act of Aug. 5, 1882 {22 Stat. 299). -. 857a. Certain appropriations available for allowance in lieu of sub- sistence for civilians traveling outside of the District. — The appro- priations hereinbefore made under the heading " Ordnance Depart- ment" shall be available for the payment of an allowance not to exceed $4 per day in lieu of subsistence to civilian employees of the Ordnance Department traveling on official business outside of the District of Columbia and away from their designated posts of duty. Act of Mar. 4, 1915 {38 Stat, 1084) , 857b. Same. — The appropriations hereinbefore made under the heading " Ordnance Department " shall be available for the pay- ment of an allowance not to exceed $4 per day in lieu of subsistence to civilian employees of the Ordnance Department traveling on official business outside of the District of Columbia and away from their designated posts of duty. Act of Aug. 29, 1916 {39 Stat. 644). 857c. Salaries of clerks at Springfield Armory. — On and after the passage of this act, in lieu of compensation now allowed to the clerks at the United States armory in Springfield, Massachusetts, including fuel and quarters, there shall be paid to each of said clerks an annual salary of one thousand six hundred and fifty dollars. Act of June 23, 1874 {18 Stat. 282). 864a. Taylor system — No salary to be paid officer, superintendent, manager, or foreman using. — No part of the appropriations made in this bill shall be available for the salary or pay of any officer, mana- ger, superintendent, foreman, or other person having charge of the work of any employee of the United States Government while mak- MILITARY LAWS OF THE UNITED STATES. 733 ing or causing to be made, with a stop watch or other time-measuring device, a time study of any job of any such employee between the starting and completion thereof or of the movements of any such employee while engaged upon such work; nor shall any part of the appropriations made in this bill be available to pay any premium or bonus or cash reward to any employee in addition to his regular wages, except for suggestions resulting in improvements or economy in the operation of any Government plant ; and no claim for services performed by any person while violating this proviso shall be al- lowed. Act of Mar. 4, 1915 {38 Stat 1083). 864b. Same. — No part of the appropriations made in this Act shall be available for the salary or pay of any officer, manager, superin- tendent, foreman, or other person having charge of the work of any employee of the United States while making or causing to be made with a stop watch, or other time-measuring device, a time study of any job of any such employee between the starting and completion thereof, or of the movements of any such employee while engaged upon such work; nor shall any part of the appropriations made in this Act be available to pay any premium or bonus or cash reward to any employee in addition to his regular wages, except for sug- gestions resulting in improvements or economy in the operation of any Government plant.^ Act of Aug. 29, 1916 (39 Stat. 648). ^ For similar provisions in the current sundry civil, fortifications, and naval appropriations acts, see 39 Stats. 336, 351, and G19. CHAPTER XXII. THE SIGNAL CORPS. Par. Composition of, and details to tlie aviation section 879a Excliange of typewriters and adding machines 883a Aviation section 889a-889u Created, duties, etc 889a Same — Officers and enlisted men provided for to be additional to regular corps allotment Same — Details from line offi- cers, tour of service, and rede- tail of proficient aviators Same — Aviation students, selec- tion, tour of service, etc.; no vacancies created by such de- tachment 889d Same — Details not compulsory in time of peace 889e Same — Assignment to cease if officer is inefficient, etc 889f Same — Aviation officers rated, junior military aviators, etc__ 889g Same — Rating, increased grade and pay of junior military aviators, aviation students, etc 889h Same — Personnel of enlisted men, rating of aviation mech- anician 889i Same — Instruction in art of fly- ing, and increase of pay 889 j Same — Qualification certificates required, examinations for, etc 889k Same — Issue of certificates of qualification 8891 Same — Service as aviation stu- dents prior to detail, rating requirements for military avi- ators, etc 889m Same — Payments in case of death from accident 889ii Par. Aviation officers, ratings of and qualifications for 889o Same — Rank and pay of 889p Same — Increased pay and al- lowances authorized in act of March 2, 1913, repealed 889q Married officers of line of Army eligible for detail to aviation duty; enlisted men of avia- tion section to be instructed in art of flying 889r Age of officer not a bar to origi- nal detail, and neither age nor rank a bar to subsequent de- tails 889s Aviator, Signal Corps, appoint- ment of qualified civilians as_ 8S9t Same — Pay and provision for discharge of ' 889u Advisory Committee for Aero- nautics 889v-889aa Composition of 889v Same — No compensation for members 889w Same — Duty to supervise re- search, etc 889x Same — Rules of conduct for 889y Same — Appropriation for ex- perimental work, etc 889z Same — Annual report to include itemized statement of expend- itures 889aa Appropriation for purchase, manufacture, etc., of airships and other aerial machines for the aviation section 889bb Appropriation for payment of officers and enlisted men of the Aviation Section, Officers' Reserve Corps and Enlisted Reserve Corps, when called into active service 889cc 735 736 MILITARY LAWS OF THE UNITED STATES. Par. Appropriation for development of suitable type of aviation motor ^___ 889{ld Secretary of War to receive offi- cers and enlisted men of Coast Guard for instruction in aviation at aviation schools 889ee Obtaining basic patents for manufacture and development of aircraft 889fe Same — Purchase arrangements advantageous to Government may be entered into 889gg Same — Bond to be required where validity of patents is in litigation 889hh" Consolidation of appropriation for National Advisory Com- mittee for Aeronautics Enlisted force, composition of_ Same — Organization of into companies, battalions, and aero squadrons Same — May be mounted Property returns to be made semiannually Settlement of accounts between other bureaus of War Depart- ment, etc., and the Signal Corpa Par. 88911 890a 890b 890c 901a 901b THE SIGNAL CORPS. 879a. Composition of and details to the Aviation Section. — The Signal Corps shall consist of one Chief Signal Officer, with the rank of brigadier general; three colonels; eight lieutenant colonels; ten majors; thirty captains; seventy-five first lieutenants; and the Avia- tion Section, which shall consist of one colonel; one lieutenant colonel; eight majors; twenty-four captains; and one hundred and fourteen first lieutenants, who shall be selected from among officers of the Army at large of corresponding grades or from among officers of the grade below, exclusive of those serving by detail in staff corps or departments, who are qualified as military aviators, and shall be detailed to serve as aviation officers for periods of four years un- less sooner relieved; and the provisions of section twenty-seven of the Act of Congress approved February second, nineteen hundred and one, are hereby extended to apply to said aviation officers and to vacancies created in any arm, corps, or department of the Army by the detail of said officers therefrom; but nothing in said Act or in any other law now in force shall be held to prevent the detail or re- detail at any time, to fill a vacancy among the aviation officers au- thorized by this Act, of any officer who, during prior service as an aviation officer of the Aviation Section, shall have become proficient in military aviation. Sec. 13, Act of June 3, 1916 (39 Stat. 174). (For the ensuing provision of this section see paragraph 889o.) 883a. Exchange of typewriters and adding machines. — Hereafter the Signal Corps may exchange typewriters and adding machines in the purchase of similar equipment. Act of Mar. 4, 1915 {38 Stat. lOGIt). MILITARY LAWS OF THE UNITED STATES. 'J37 AVIATION SECTION. 889a. Created^ duties^ etc. — There shall hereafter be, and there is hereby created, an Aviation Section, which shall be a part of the Signal Corps of the Army, and which shall be, and is hereby, charged with the duty of operating or supervising the operation of all mili- tary aircraft, including balloons and aeroplanes, all appliances per- taining to said craft, and signaling apparatus of any kind when in- stalled on said craft; also with the duty of training officers and en- listed men in matters pertaining to military aviation. &ec, 1^ Act of July 18, 191 Ji, (38 Stat. 6U). 889b. Same — Officers and enlisted men provided for to he additional to regular corps allotment. — In addition to such officers and enlisted men as shall be assigned from the Signal Corps at large to executive, administrative, scientific, or other duty in or for the Aviation Section, there shall be in said section aviation officers not to exceed sixty in number and two hundred and sixty aviation enlisted men of all grades; and said aviation officers and aviation enlisted men, all of whom shall be engaged on duties pertaining to said Aviation Section, shall be additional to the officers and enlisted men now allotted by law to the Signal Corps, the commissioned and enlisted strengths of which are hereby increased accordingly. Sec. 2, id. 889c. Same — Details from line officers, tour of service, and redetaU of proficient aviators. — The aviation officers provided for in this section shall, except as, hereinafter prescribed specifically to the contrary, be selected from among officers holding commissions in the line of the Army with rank below that of captain, and shall be detailed to serve as such aviation officers for periods of four years, unless sooner relieved, and the provisions of section twenty-seven of the Act of Congress approved February second, nineteen hundred and one (Thirty-first Statutes, page seven hundred and fifty-five), are hereby extended so as to apply to said aviation officers and to the vacancies created in the line of the Army by the detail of said officers therefrom, but nothing in said Act or in any other law now in force shall be held to prevent the detail or redetail at any time to fill a vacancy among the aviation officers authorized by this Act, of any officer holding a commission in the line of the Army with rank below that of captain, and who, during prior service as an aviation officer in the aviation section, shall have become especially proficient in military aviation. Sec. 2, id. 889d. Same — Aviation students, selection, tour of service, etc.; no vacancies created hy such detaclim^ent. — There shall also be constantly attached to the aviation section a sufficient number of aviation students to make, with the aviation officers actually detailed in said 92061°— 17 47 738 MILITARY LAWS OF THE UNITED STATES. section under the provisions of this Act, a total number of sixty avia- tion officers and aviation students constantly under assignment to, or detail in, said section. Said aviation students, all of whom shall be selected on the recommendation of the chief signal officer from among unmarried lieutenants of the line of the Army not over thirty years of age, shall remain attached to the awation section for a sufficient time, but in no case to exceed one year, to determine their fitness or unfitness for detail as aviation officers in said section, and their detachment from their respective arms of service which under assignment to said section shall not be held to create in said arms vacancies that may be filled by promotions or original appointments. Bee. 2, id. 615. 839e. 8ame — Details not compulsory in time of peace. — ^No person, except in time of war, shall be assigned or detailed against his will to duty as an aviation student or an aviation officer. Sec. ^, id. 889f. Same — Assignment to cease if officer is inefficient^ etc. — Whenever, under such regulations as the Secretary of War shall prescribe and publish to the Army, an officer assigned or detailed to duty of any kind in or with the aviation section shall have been found to be inattentive to his duties, inefficient, or incapacitated from any cause whatever for the full and efficient discharge of all duties that might properly be imposed upon him if he should be continued on duty in or with said section, said officer shall be returned forthwith to the branch of the service in which he shall hold a com- mission. Sec. ^, id. 889g. Sam£ — Aviation officers rated., 'junior military aviators., etc. — The aviation officers hereinbefore provided for shall be rated in two classes, to wit, as junior military aviators and as military aviators. Within sixty days after this act shall take effect the Secretary of War may, upon the recommendation of the Chief Signal Officer, rate as junior military aviators any officers with rank below that of cap- tain, who are now on aviation duty and who have, or shall have before the date of rating so authorized, shown by practical tests, in- cluding aerial flights, that they are especially well qualified for mili- tary aviation service ; and after said rating shall have been made the rating of junior military aviator shall not be conferred upon any per- son except as hereinafter provided. Sec. S^ id. 889h. Same — Rating^ increased grade and pay of junior military aviators^ aviation students^ etc. — Each aviation student authorized by this act shall, while on duty that requires him to participate regularly and frequently in aerial flights, receive an increase of 25 per centum in the pay of his grade and length of service under his line com- mission. Each duly qualified junior military aviator shall, while so serving, have the rank, pay, and allowances of one grade higher MILITARY LAWS OF THE UNITED STATES. 739 than that held by him under his line commission, provided that his rank under said commission be not higher than that of first lieutenant, and, while on duty, requiring him to participate regularly and frequently in aerial flights, he shall receive in addition an increase of 50 per centum in the pay of his grade and length of service un- der his line commission. The rating of military aviator shall not be hereafter conferred upon or held by any person except as herein- after provided, and the number of officers with that rating shall at no time exceed fifteen. Each military aviator who shall hereafter have duly qualified as such under the provisions of this act shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his line commission, provided that his rank under said commission be not higher than that of first lieutenant, and, while on duty requiring him to participate regularly and fre- quently in aerial flights, he shall receive in addition an increase of 75 per centum of the pay of his grade and length of service under his line commission. Sec. S, id. 889i. Same — Personnel of enlisted fnen, rating of aviation mechan- ician. — The aviation enlisted men hereinbefore provided for shall con- sist of twelve master signal electricians, twelve first-class sergeants, twenty-four sergeants, seventy-eight corporals, eight cooks, eighty- two first-class privates, and forty-four privates. Not to exceed forty of said enlisted men shall at any one time have the rating of aviation mechanician, which rating is hereby established, and said rating shall not be conferred upon any person except as hereinafter provided.^ Sec. 3, id. 616. 889 j. Same — Instruction in art of flying^ and increase of fay, — Twelve enlisted men at a time shall, in the discretion of the officer in command of the aviation section, be instructed in the art of flying, and no enlisted man shall be assigned to duty as an aerial flyer against his will except in time of war. Each aviation enlisted man^ while on duty that requires him to participate regularly and fre- quently in aerial flights or while holding the rating of aviation mechanician, shall receive an increase of fifty per centum in his pay. Sec. 3, id. 889k. Same — Qualification certificates required., examinations for., etc. — Except as hereinafter provided in the cases of officers now on aviation duty, no person shall be detailed as an aviation officer, or rated as a junior military aviator, or as a military aviator, or as an aviation mechanician, until there shall have been issued to him a certificate to the effect that he is qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case, ^ Held, that aviation enlisted men holding the rating of aviation mechanician are entitled to the increase of pay while on furlough. (War Dept. Bull. 18, July 8, 19m) 740 MILITARY LAWS OF THE UNITED STATES. and no such certificate shall be issued to any person until an aviation examining board, which shall be composed of three officers of ex- perience in the aviation service and two medical officers, shall have examined him, under general regulations to be prescribed by the Secretary of War and published to the Army by the War Depart- ment, and shall have reported him to be qualified for the detail or rating, or for both the detail and the rating, sought or proposed in his case. Sec. 3^ id. 8891. Same — Issiie of certificates of qualification. — The Secretary of War shall cause appropriate certificates of qualification to be issued by The Adjutant General of the Army to all officers and en- listed men who shall have been found and reported by aviation exam- ining boards in accordance with the terms of this act, to be qualified for the details and ratings for which said officers and enlisted men shall have been examined. Sec. S, id. 889m. Same — Service as aviation students prior to detail, rating requirements for military aviators, etc. — Except as hereinbefore pro- vided in the cases of officers who are now on aviation duty and who shall be rated as junior military aviators as hereinbefore authorized, no person shall be detailed for service as an aviation officer in the aviation section until he shall have served creditably as an aviation student for a period to be fixed by the Secretary of War; and no person shall receive the rating of military aviator until he shall have served creditably for at least three years as an aviation officer with the rating of junior military aviator. Sec. 3, id. 889ii. Same — Payments in case of death from accident. — There shall be paid to the widow of any officer or enlisted man who shall die as the result of an aviation accident, not the result of his own misconduct, or to any other person designated by him in writing, an amount equal to one year's pay at the rate to which such officer or enlisted man was entitled at the time of the accident resulting in his death, but any payment made in accordance with the terms of this proviso on account of the death of any officer or enlisted man shall be in lieu of and a bar to any payment under the Acts of Con- gress approved May eleventh, nineteen hundred and eight, and March third, nineteen hundred and nine (Thirty-fifth Statutes, pages one hundred and eight and seven hundred and thirty-five), on account of death of said officer or enlisted man. Sec. 3, id. 889o. Aviation officers, ratings of and qualifications for. — Aviation officers may, when qualified therefor, be rated as junior military aviators or as military aviators, but no person shall be so rated until there shall have been issued to him a certificate to the effect that he is qualified for the rating, and no certificate shall be issued to any person until an aviation examining board, which shall be composed MILITARY LAWS OF THE UNITED STATES. 741 of three officers of experience in the aviation service and two medical officers, shall have examined him, under general regulations to be prescribed by the Secretary of War and published to the Army by the War Department, and shall have reported him to be qualijfied for the rating. No person shall receive the rating of military aviator until he shall have served creditably for three years as an aviation officer with the rating of a junior military aviator. Sec. IS, Act. of June 3, 1916 {39 Stat, 175) . (For the preceding provision of this section see paragraph 879a.) 889p. Same — Rank and pay of. — Each aviation officer authorized by this Act shall, while on duty that requires him to participate regu- larly and frequently in aerial flights, received an increase of twenty- five per centum in the pay of his grade and length of service under his commission. Each duly qualified junior military aviator shall, while so serving, have the rank, pay, and allowances of one grade higher than that held by him under his commission if his rank under said commission be not higher than that of captain, and w^hile on duty requiring him to participate regularly and frequently in aerial flights he shall receive in addition an increase of fifty per centum in the pay of his grade and length of service under his commission. Each mili- tary aviator shall, while so serving, have the rank, pay, and allow- ances of one grade higher than that held by him under his commis- sion if his rank under said commission be not higher than that of captain, and while on duty requiring him to participate regularly and frequently in aerial flights he shall receive in addition an increase of scA enty-five per centum of the pay of his grade and length of service under his commission. Id. 889q. SaTne — Increased pay and allowances authorized in Act of March second^ nineteen hundred and thirteen.^ repealed. — The pro- visions of the Act of March second, nineteen hundred and thirteen,^ allowing increase of pay and allowances to officers detailed by the Secretary of War on aviation duty, are hereby repealed. Id. 889r. Married officers of line of Army eligible for detail to avior tion duty — Enlisted m£n of aviation section to he instructed in art of flying. — Hereafter married officers of the line of the Army shall be eligible equally with unmarried officers and subject to the same conditions for detail to aviation duty; and the Secretary of War shall have authority to cause as many enlisted men of the aviation section to be instructed in the art of flying as he may deem neces- sary. Id. 889s. Age of officers not a har to original detail^ and neither age nor rank a har to suhsequent details. — Hereafter the age of officers shall not be a bar to their first detail in the aviation section of the ' Par. 889, ante, or 37 Stat. 705. 742 MILITARY LAWS OF THE UNITED STATES. Signal Corps, and neither their age nor their rank shall be a bar to their subsequent details in said section. Id. 889t. Aviator^ Signal Corps ^ appointment of qualified civilians as. — When it shall be impracticable to obtain from the Army officers suitable for the aviation section of the Signal Corps in the number allowed by law, the difference between that number and the number of suitable officers actually available for duty in said section may be made up by appointments in the grade of aviator. Signal Corps, and that grade is hereby created. The personnel for said grade shall be obtained from especially qualified civilians who shall be appointed and commissioned in said grade. Id. 88911. Same — Pay and provision for discharge of. — Whenever any aviator shall have become unsatisfactory he shall be discharged from the Army as such aviator. The base pay of an aviator. Signal Corps, shall be $150 per month, and he shall have the allowances of a master signal electrician and the same percentage of increase in pay for length of service as is allowed to a master signal electrician. Id, ( For the ensuing provision of this section see paragraph 890a. ) ADVISORY COMMITTEE FOR AERONAUTICS. 889v. Compo^tion of. — An Advisory Committee for Aeronautics is hereby established, and the President is authorized to appoint not to exceed twelve members, to consist of two members from the War Department, from the office in charge of military aeronautics; two members from the Navy Department, from the office in charge of naval aeronautics; a representative each of the Smithsonian Institu- tion, of the United States Weather Bureau, and of the United States Bureau of Standards; together with not more than five additional persons who shall be acquainted with the needs of aeronautical science, either civil or military, or skilled in aeronautical engineering or its allied sciences. Act of Mar. S, WIS {38 Stat. 9^0) . 889w. Same — No compensation for memhers. — The members of the Advisory Committee for Aeronautics, as such, shall serve without compensation. Id. 889x. Same — Duty to supervise research., etc. — It shall be the duty of the Advisory Committee for Aeronautics to supervise and direct the scientific study of the problems of flight, with a view to their practical solution, and to determine the problems which should be experimentally attacked, and to discuss their solution and their appli- cation to practical questions. In the event of a laboratory or labora- tories, either in whole or in part, being placed under the direction of the committee, the committee may direct and conduct research and experiment in aeronautics in such laboratory or laboratories. Id. MILITARY LAWS OF THE UNITED STATES. 743 889y. Same — Rules of conduct for. — Rules and regulations for the conduct of the work of the committee shall be formulated by the committee and approved by the President. Id. 889z. Same — Appropriation for experimental work., etc. — The sum of $5,000 a year, or so much thereof as may be necessary, for five years is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available, for experimental work and investigations undertaken by the committee, clerical ex- penses and supplies, and necessary expenses of members of the com- mittee in going to, returning from, and while attending, meetings of the committee. Id. 889aa. Same — Annual report to include itemized statement of ex- penditures. — An annual report to the Congress shall be submitted through the President, including an itemized statement of expendi- tures. Id. 889bb. Appropriation for pu/rchase^ manufacture^ etc., of airships and other serial machiTies for the Aviation Section. — Not more than $13,281,666 of the foregoing appropriation^ shall be used for the purchase, manufacture, maintenance, operation, and repair of air- ships and other aerial machines and accessories necessary in the Aviation Section; and for the purchase, maintenance, repair, and operation of motor-propelled, passenger-carrying vehicles which may be necessary for the Aviation Section. Act of Aug. ^9, 1916 {39 Stat. 622). 889cc. Appropriation for payment of offbcers and enlisted men of the Aviation Section, Officers^ Reserve Corps and Erdisted Reserve Corps., when called into a/itive service. — Of the sum last above men- tioned $900,000, or so much thereof as may be necessary, will be available for paying and otherwise providing for such officers of the Officers' Reserve Corps of the Aviation Section of the Signal Corps and such enlisted men of the Enlisted Reserve Corps of the Aviation Section of the Signal Corps as may be called into active service. Id. 889dd. Appropriation for development of suitable type of aviation motor. — Not to exceed $50,000 of the above sum will be available for the payment of all expenses in connection with the development of a suitable type of aviation motor, under such regulations as the Secretary of War may prescribe. Id. 889ee. Secretary of War to receive officers and enlisted men of Coast Guard for instruction in aviation at aviation schools. — At the request of the Secretary of the Treasury the Secretaries of War and Navy are authorized to receive officers and enlisted men of the * The appropriation referred to is one of $14,281,766 for the Signal Service of the Army. 744 MILITAEY LAWS OF THE UNITED STATES. Coast Guard for instruction in aviation at any aviation school main- tained by the Army and Navy, and such officers and enlisted men shall be subject to the regulations governing such schools Id.^ 601, 889ff. Obtaining hasic patents for manufacture and development of aircraft. — To enable the Secretary of War and the Secretary of the Navy to secure by purchase, condemnation, donation, or other- wise, such basic patent or patents as they may consider necessary to the manufacture and development of aircraft in the United States and its dependencies, for governmental and civil purposes, under such regulations as the Secretary of War and the Secretary of tho Navy may prescribe, $1,000,000. Act of Mar, 4, 1917 {Pub, No. 891, 39 Stat, — ). 899gg. Same — Purchase arrangements advantageous to Govern- ment may be entered into — Such arrangements may be made in re- lation to the purchase of any basic patent connected with the manu- facture and development of aircraft in the United States as in the judgment of the Secretary of War and the Secretary of the Navy will be of the greatest advantage to the Government and to the de- velopment of the industry. Id. 889hh. Sa/mjC — Bond to be required where vaUdity of patents is in litigation. — In the event there shall be pending in court litigation involving the validity of said patent or patents, bond, with good and approved security in an amount sufficient to indemnify the United States, shall be required, payable to the United States, conditioned to repay to the United States the amount paid for said patent or patents in the event said patent or patents are finally adjudged invalid. Id. 89911. Consolidation of bcdances of appropriation for National Advisory Committee for Aeronautics. — The balances under the sev- eral items of the appropriation " National Advisory Committee for Aeronautics," carried in the Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hun- dred and seventeen, approved August twenty-ninth, nineteen hun- dred and sixteen, are hereby consolidated into a single fund and may be expended by the committee for its purposes as stated in the para- graph of Public Act Numbered Two hundred and seventy-one. Sixty-third Congress, approved March third, nineteen hundred and fifteem, establishing the committee. Id. 890a. Enlisted force., composition of. — The total enlisted strength of the Signal Corps shall be limited and fixed from time to time by the President in accordance with the needs of the Army, and shall consist of master signal electricians ; sergeants, first class ; sergeants ; corporals; cooks; horseshoers; private, first class; and privates; the number in each grade being fixed from time to time by the President. MILITARY LAWS OF THE UNITED STATES. 745 The numbers in the various grades shall not exceed the following percentages of the total authorized enlisted strength of the Signal Corps, namely : Master signal electricians, two per centum ; sergeants, first class, seven per centum; sergeants, ten per centum; corporals, twenty per centum. The number of privates, first class, shall not exceed twenty-five per centum of the number of privates. Sec, 13^ Act of June 3, 1916 {39 Stat. 176). (For the provision of this section immediately preceding this paragraph see paragraph 889u. For authorization for one thousand additional sergeants for detail from the Infantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with corresponding organizations of the National Guard, to assist in the instruc- tion of its personnel and the care of property, and the similar detail of one hundred additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1332a.) 890b. Same — Organization of into corrhpanies^ battalions^ and aero squadrons. — Authority is hereby given the President to organize, in his discretion, such part of the commissioned and enlisted personnel of the Signal Corps into such number of companies, battalions, and aero squadrons as the necessities of the service may demand. Id. 890c. Same — May he mounted. — Enlisted men detailed for signal duty shall, when it is deemed necessary, be mounted on horses pro- vided by the Government.^ Sec. 1197^ R. S. 901a. Property retmms to he made semiannually. — The Act of Con- gress approved October twelfth, eighteen hundred and eighty-eight, entitled "An Act to make enlisted men of the Signal Corps respon- sible for public property," be amended so as to read that property returns of the Signal Corps shall be rendered semiannually or more often. Act of Apr. 27, 191 J^ (38 Stat. 353) . 901b. Settlement of accounts hetween other hureaus of War De- partment, etc., and the Signal Corps. — Hereafter in the settlement of transactions between appropriations under the Signal Corps, or between the Signal Corps and another office or bureau of the War Department, or of any other executive department of the Govern- ment, payment therefor shall be made by the proper disbursing officer of the Signal Corps, or of the office, bureau, or department con- cerned. Act of Aug. 29, 1916 (39 Stat. *The enlisted men mentioned in this section were those detailed from the battalion of Engineers for signal duty under sec. 1196, R. S. The provision may be regarded as applicable to enlisted men of the Signal Corps as constituted under later statutes. CHAPTER XXIII. CHAPLAINS. 'ai-. Chaplains, appointment of 902a Par. Same — Preference to be given to applicants who have been hon- orably discharged from the Army 902b 902a. Chaplains^ appointment of. — The President is authorized to appoint, by and with the advice and consent of the Senate, chaplains in the Army at the rate of not to exceed, including chaplains now^ in service, one for each regiment of Cavalry, Infantry, Field Artillery, and Engineers, and one for each one thousand two hundred officers and men of the Coast Artillery Corps, with rank, pay, and allowances as now authorized by law. Sec. 15^ Act of June ^, 1916 {39 Stat, 176). 902b. Same — Preference to he given to applicants who have heen honorably discharged frowj the Army. — In appointment of chap- lains in the Regular Army, preference and priority shall be given to applicant veterans, if otherwise duly qualified and who shall not have passed the age of forty-one years at the time of application, who have rendered honorable war service in the Army of the United States or who have been honorably discharged from such Army. Id. 747 CHAPTER XXIV. COMMISSIONED OFFICERS. Par. Original appointments of sec- ond lieutenants, except cadet graduates, to be provisional— 918a Officers appointed in Army in time of peace to be citizens of United States 918b Thanks of Congress tendered to certain officers of Army and Navy 927a Promotion of certain officers of Army and Navy 927b Same — Certain officers to be ad- vanced one grade when placed on retired list 927c Same — Officers now on retired list to be immediately ad- vanced one grade 927d Promotions authorized by sec- tion 2 of act to temporarily increase the grades 927e Medical officer promoted to be head of Medical Department, not governed by law as to de- tails 927f Same — Rank of major general to cease and determine when officer so promoted is retired- 927g Promotions authorized not to retard promotion to which any officer is entitled under existing law , 927h Officers promoted to be junior to officers who now rank them when such officers reach same grade 927i Officers benefited by act entitled to retirement at any time on application at 75 per cent of pay of active rank 927j Par. General officers of the line who were promoted for service in constructing the Panama Ca- nal to take rank over officers of same grades hereafter ap- pointed 927k Detached Officers' List 929a-929h Creation of for duty with the National Guard, etc 929a Same — Proportionate number authorized for each grade 929b Same — Vacancies caused by, above grade of second lieuten- ant, to be filled by promotion- 929c Same — Assignment of details from each arm 929d Same — Manchu law to govern assignments to 929e Same — Vacancies occurring after original assignment to list, filling of 929f Same — ^Assignrnent of construc- tive dates of original commis- sion 929g Same — Senior officer in any grade according to construc- tive date of original commis- sion to be considered senior in that grade 929h Cavalry increased by 17 colonels and Infantry by 4 colonels to equalize promotions 9291 Examination extended to pro- motion to all grades below that of brigadier general 930a Same — Character of examina- tion for grades of major and lieutenant colonel 930b 749 750 MILITARY LAWS OF THE UNITED STATES. 931b 935a Par. Appointment from civil life, re- commissioning honoraby dis- charged officers, lineal and relative rank 931a Loss of files on account of in- crease of arm, corps, or branch, due to suspension from promotion on failure to pass examination, allowance for Transfer, with or without pro- motion, from one arm of the service to another in order to lessen inequalities in promo- tions Sales of Army supplies, etc., to military schools 951a Same — Receipts to be credited to original appropriations 951b Sale of ordnance property to educational institutions and soldiers' and sailors' orphans' homes 951c Issue of ordnance and ordnance stores to Washington High School 953a Issue of magazine rifles, etc., for target practice, to clubs and schools 954a Same — Regulations to be pre- scribed by Secretary of War__ 954b Issue of quartermaster stores, etc., to schools for mainte- nance of military instruction camps - 954c Issue of targets and target ma- terials, etc., to rifle clubs and schools 954d Issue of ammunition of old model to schools to which is- sue of artillery is authorized- 955a Target practice at educational institutions, etc 955b Transfer of retired officers to active list 958a-958k Under age of 50 years and not above grade of captain 958a Same — Place to which trans- ferred on active list 958b Same — Promotion after exami- nation 958c Par. Officers retired for physical dis- ability, transfer to active list- 958d Same — Officers heretofore trans- ferred entitled to benefits of act 958e Details for active duty, rank and pay of retired officers re- ceiving 958f List of and periodical examina- tion of officers retired for dis- ability with a view to assign- ing them to active duty 958g Officers retired for services in constructing Panama Canal, certain may be transferred to active list 958h Same — Rank, grade, and arm 958i. Same — Examination for trans- fer and for promotion 958 j Same — After transfer, subse- quent retirement only for age or disability 958k Employment of retired officers in time of war 961a Retired Army officers with cer- tain Civil War service may be appointed and retired with in- creased rank 969a Same — Advancement of briga- dier general on the retired list, with certain Civil War service, one grade 969b Same — Advancement of retired brigadier general who had certain Civil War service as senior colonel, etc 969c Same — Advancement to grade of major general on retired list of retired officer who had certain Civil War service, etc_ 969d Same — Advancement of retired colonel one grade on retired list who had certain service in Indian campaigns. War with Spain, etc 969e Retired officer assigned to active duty as post commander dur- ing movement of troops, pay and allowances of 975a MILITARY LAWS OF THE UNITED STATES. 751 918a. Original appointments of second lieutenants^ except cadet graduates^ to he provisioned. — Hereafter all appointments of persons other than graduates of the United States Military Academy to the grade of second lieutenant in the Regular Army shall be provisional for a period of two years, at the close of which period such appoint- ments shall be made permanent if the appointees shall have demon- strated, under such regulations as the President may prescribe, their suitability and moral, professional, and physical fitness for such per- manent appointment, but should any appointee fail so to demonstrate his suitability and fitness, his appointment shall terminate; and should any officer become eligible for promotion to a vacancy in a higher grade and qualify therefor before the expiration of two years from the date of his original appointment, he shall receive a pro- visional appointment in such higher grade, which appointment shall be made permanent when he shall have qualified for permanent ap- pointment upon the expiration of two years from the date of his original appointment, or shall terminate if he shall fail so to qualify. 8ec, 2S, Act of June 3, 1916 {39 Stat. 181). 918b. Officers appointed in Army in time of peace to he citizens of United States. — No part of the appropriations made in this Act shall be available for the salary or pay of any person hereafter, in time of peace, appointed an officer in the Army who is not a citizen of the United States.^ Act of Aug. 29, 1916 {39 Stat. 6Ji9). 927a. Thanks of Congress tendered to certain officers of Army and Navy. — The thanks of Congress are hereby extended to the follow- ing officers of the Army and Navy of the United States who, as mem- bers of the late Isthmian Canal Commission, have rendered dis- tinguished service in constructing the Panama Canal, to wit : Colonel George W. Goethals, chairman and chief engineer; Brigadier Gen- eral William C. Gorgas, sanitary expert; Colonel H. F. Hodges, Lieutenant Colonel William L. Sibert, and Commander H. H. Rous- seau. Sec. 1, Act of Mar. 4, 1915 {38 Stat. 1190) . 927b. Promotion of certain officers of Army and Navy. — The Presi- dent is hereby authorized, by and with the advice and consent of the Senate, to advance in rank Colonel George W. Goethals to the grade of major general of the line, United States Army ; Brigadier General William C. Gorgas to the rank of major general in the Medical De- partment, United States Army; Colonel H. F. Hodges and Lieu- tenant Colonel William L. Sibert to the grade of brigadier general of the line. United States Army; and Commander H. H. Rousseau to the grade of rear admiral of the lower Nine, United States Navy. Sec. 2, id. 1191. ^Held, that this does not repeal the provisions of existing law authorizing the appointment of native Filippinos as officers of Philippine Scouts, and of native citizens of Porto Rico as officers in the Porto Rico regiment. (War De- partment Bulletin No. 28, Aug. 18, 1916). 752 MILITARY LAWS OF THE UNITED STATES. 927c. Barne — Certain officers to he advanced one grade when placed on retired list, — Such officers of the Army and Navy as were detailed for duty with the Isthmian Canal Commission on the Isthmus of Panama for more than three years, and who shall not have been advanced in rank by any other provisions of this bill, shall be advanced one grade in rank upon retirement. Sec. S, id. 927d. Same — Officers now on retired list to he immediately ad- vanced one grade. — Any officer of the Army or Navy now on the retired list with similar service shall be immediately advanced one grade in rank on the retired list of the Army or Navy. Sec. S^ id. 927e. Promotioms authorized hy section 2 of Act to temporarily in- crease the grades. — The numbers in such grades provided for in sec- tions two and four^ of this Act, except where vacancies occurring in any grade by the provisions of this Act can be filled by such officers in a lower grade as are entitled to the benefits of this Act, shall be temporarily increased during the time such offices may be held. Sec. 5, id. 927f. Medical officer promoted to he head of Medical Department^ not governed hy law as to details. — The officer who may be advanced and appointed major general in the Medical Department, United States Army, shall thereupon become the head of such department, and the operation of so much of section twenty-six of the Act of February second, nineteen hundred and one, as limits the term of office of the head of the Medical Department, United States Army, shall be suspended during the incumbency of the head of the depart- ment who may be appointed under this Act. Sec. J, id. 927g. Same — Rank of major general to cease and determine when officer so promoted is retired. — Whenever the head of the Medical Department appointed under the provisions of this Act shall become separated from the active list of the Army, by retirement or other- wise, the extra office or grade to which he shall have been so ad- vanced or appointed shall cease and determine, and thereafter the rank of the head of the Medical Department, United States Army, shall be that of a brigadier general. Sec. S, id. 927h. Promotions authorized not to retard pronnotion to which am/y officer is entitled under existing law. — Nothing in this Act shall oper- ate to interfere with or retard the promotion to which any officer would be entitled under existing law. Sec. 5, id. 927i. Officers promoted to he junior to officers who now rank them when such officers reach same grade^ — The officers advanced to higher grades under this Act shall be junior to the officers who now rank them under existing law when these officers have reached the same grade. Sec. J, id. ' Sec. 4 authorizes the President to promote certain officers of the Public Health Service and is omitted from this compilation. MILITARY LAWS OF TEE UNITED STATES. 753 927 j. Ofjflcers henefited hy Act entitled to retirement at any time on application at seventy-five per centum of pay of active rank. — At any time after the passage of this Act any officer of the Army or Navy to be benefited by the provisions of this Act may, on his own applica- tion, be retired by the President at seventy-five per centum of the pay of the rank upon which he is retired. Sec. 6^ id. (See paragraphs 958i-958k, post.) ~ - 927k. General officers of the line who were promoted for service in constructing the Panama Canal to take rank over offi,cers of same grades hereafter appointed. — The general officers of the line who were appointed as such pursuant to the Act of March fourth, nineteen hun- dred and fifteen (Thirty-eighth Statutes at Large, page eleven hun- dred and ninety-one), shall take rank in their present grades over all officers hereafter appointed to like grades. Act of Aug. ^9, 1916 {39 Stat. 623). DETACHED OFFICERS' LIST. 929a. Creation of for duty with the National Guard^ etc. — On July first, nineteen hundred and sixteen, the line of the Army shall be in- creased by eight hundred and twenty-two extra officers of the Cav- alry, Field Artillery, Coast Artillery Corps, and Infantry arms of the service, of grades from first lieutenant to colonel, inclusive, lawfully available for detachment from their proper arms for duty with the National Guard, or other duty, the usual period of which exceeds one year. Said extra officers, together with the two hundred de- tached officers provided for by the Act of Congress approved March third, nineteen hundred and eleven,^ shall, on and after July first, nineteen hundred and sixteen, constitute the Detached Officers' List, and all positions vacated by officers assigned to said list, and the officers so assigned shall be subject to the provisions of section twenty- seven of the Act of Congress approved February second, nineteen hundred and one, with reference to details to the staff corps. Sec. ^5, Act of June 3, 1916 {39 Stat. 183). 929b. SaTne — Proportionate numher authorized for each grade. — The total number of officers hereby authorized for each grade on said list entire shall be in proportion to the total number of officers of the corresponding grade now authorized by law other than this Act for all of the said four arms combined, exclusive of second lieutenants and of the two hundred extra officers authorized by the Act of Con- gress approved March third, nineteen hundred and eleven,^ and exclu- sive also of the additional officers authorized by the Act to restore 'Paragraph 929, ante, or 36 Stat. 1058. ' Par. 929, ante, or 36 Stat. 1058. 92061°— 17 48 754 MILITARY LAWS OF THE UNITED STATES. lineal rank lost through the system of regimental promotion formerly in force ; and the total number of officers hereby authorized for each grade in each of said arms on said list shall be in the proportion borne by the number of officers now authorized by law other than this Act for such grade and arm to the total number of officers now authorized by law other than this Act for the corresponding grade in all of the said four arms combined, exclusive of the extra and additional officers last hereinbefore specified and excluded. Id, (See paragraph 9291) 929c. Same — Vacancies caused hy^ above grade of second lieutenant^ to he filled hy promotion. — All vacancies created or caused by the foregoing provisions of this section in grades above that of second lieutenant shall be filled by promotion according to law existing on and before the date of approval of this Act, and subject to the exam- inations prescribed by existing law. Id. 929d. Same — Assignment of details from each arm. — As soon as I)racticable after such promotions shall have been made, there shall be detached from each arm and assigned to the Detached Officers' List a number of officers of each grade equal to the number of officers of said grade by which said arm shall have been increased by the foregoing provisions of this section; and thereafter any vacancy created or caused in any of the said arms of the service by the assign- ment of an officer of any grade to said Detached Officers' List shall be filled, subject to such examination as is now or may hereafter be prescribed by law, by the promotion of the officer who shall be the senior in length of comniissioned service of those eligible to promo- tion in the next lower grade in the arm in which such vacancy shall occur. Id. 929e. Same — Manchu law to govern assignments to. — No officer of any of said arms of the service shall be permitted to remain on said Detached Officers' List for more than forty-five days unless he shall have been actually present for duty for at least two years out of the last preceding six years with an organization composed of one or more statutory units, or the equivalent thereof, of the arm to which he shall belong. Any vacancy created in said list by the removal of any officer therefrom because he shall not have been present for duty as before prescribed in this proviso shall be filled by the transfer to said list of an officer having the same grade and belonging to the same arm as the officer whose removal from said list shall have created said vacancy; but, except as before prescribed in this pro- viso, all officers who shall have been assigned to said list shall remain thereon for not less than four years from the respective dates of their assignment thereto, unless in the meantime they shall have been MILITARY LAWS OF THE UNITED STATES. 755 separated entirely from the Army, or shall have been promoted or appointed to higher offices, or shall have been retired from active service.^ Id. 929f. Same — Vacancies occurring after original assignment to list, filling of. — After the apportionment of officers to said Detached Offi- cers' List shall have been made as authorized by this Act, whenever any vacancy shall have been caused in said list by the separation of an officer of any grade therefrom, such vacancy shall, except as pre- scribed in the last preceding proviso, be filled by the detail and assignment to said list of an officer of the corresponding grade in that arm in which there shall be found the officer of the next lower grade who at that time shall be the senior in length of commissioned serv- ice of all the officers of the said lower grade in all of the four arms hereinbefore specified ; if two or more officers of different arms shall be found to have equal seniority in length of commissioned service in said lower grade, the question of seniority shall be decided by their relative standing on the list of the commissioned officers of the Army. Id. ( For the next provision of this section see par. 929i ; see also par. 929h. ) 929g. Same — Assignment of constructive dates of original com- mission. — In applying section twenty-five of the national defense Act approved June third, nineteen hundred and sixteen, the President shall assign to officers of the Army such constructive dates of origi- nal commission, from which lengths of commissioned service shall be computed, as will preserve their rights to promotion in accordance with their relative order on the lineal lists of their arms and continue in effect losses of files occasioned by sentences of courts-martial or failures to pass required examinations for promotion, said construc- tive dates of original commission to be subject to change whenever a change thereof may be necessary in order to carry into effect losses of files hereafter incurred by any officer through a sentence of court- martial or a failure to pass a required examination for promotion. Act of Aug. 29, 1916 {39 Stat. 623). (See paragraph 929a.) * Held, that while an officer's name must be removed from the Detached Officers' List when he has not had certain service with troops, it can not other- wise be removed from that list (except on account of retirement, separation from service, etc.), until it has been thereon for at least four years; therefore an officer's name may not be removed from the Detached Officers' List for the purpose of detailing him to the General Staff Corps for the reason that while officers may, pursuant to various provisions of law, be transferred from one position to another, as from line to staff and vice versa, or from line to De- tached Officers' List and vice versa, it is clear that one officer may not hold two positions at the same time, thus: An officer may not occupy a position in the line and one in the staff at the same time ; neither may he occupy a position on the Detached Officers' List and one in the staff or line at the same time. (War Dept. Bull. 57, Dec. 22, 1916.) 756 MILITARY LAWS OF THE UNITED STATES. 929h. 8a7ne — Semm^ officer in any grade according to constructive date of original convmission to he considered senior m tJiat grade. — In determining the arm from which a detail is to be made to a va- cancy in the detached officers' list, as provided in the third proviso of section twenty-five of the national defense Act approved June third, nineteen hundred and sixteen, the officer of any grade who is the senior in that grade according to the constructive dates of origi- nal commission provided for in the preceding proviso shall be con- sidered the senior in length of commissioned service of all officers of that grade. Id, • (See paragraph 929f.) 9291. Cavalry increased by seventeen colonels and Infantry hy four colonels to equulize pro'jnotions. — With a view further to equalize inequalities in past promotions of officers of the line of the Army, on July first, nineteen hundred and sixteen, the Cavalry shall be in- creased by seventeen colonels, and the Infantry by four colonels, all of whom shall be additional officers in that grade, and shall not bar nor retard the promotion to which any officer would be entitled if the appointment of the said additional officers had never been au- thorized; and after July first, nineteen hundred and nineteen, no vacancies occurring among the said additional officers shall be filled and the offices so vacated shall cease and determine. See, 25^ act of June 3, 1916 {39 Stat. 181) (For the provision of this section immediately preceding this paragraph see paragraph 929f, and for the ensuing provision see paragrapli 935a. For the number of regiments of Cavalry and Infantry see paragraph 331a; for the organization of a Cavalry regiment see paragraph 1071a ; and for the organiza- tion of an Infantry regiment see paragraph 1095a.) 930a. Examination's extended to promotions to all grades helow that of brigadier general. — The provisions of existing law requiring examinations to determine fitness for promotion of officers of the Army are hereby extended to include promotions to all grades below that of brigadier general. Id. 183. (For the provision of this section immediately preceding this paragraph see see paragraph 931a.) 930b. Same — Character of examination for grades of mxijor and lieutenant colonel. — Examinations of officers in the grades of major and lieutenant colonel shall be confined to problems involving the higher functions of staff duties and command. Id. 931a. Appointment from civil life., recomwAssioning honorably dis- charged officers.) lineal and relative rank of. — The President may re- commission persons who have heretofore held commissions in the Eegular Army and have left the service honorably, after ascertain- MILITABY LAWS OF THE UNITED STATES. 757 ing that they are qualified for service physically, morally, and as to age and military fitness; such recommissioned officers shall take rank at the foot of the respective grades which they held at the time of their separation from the Army.^ Id. (For the provision of tliis section immediately preceding this paragraph see paragraph 331g, and for the ensuing provision see paragraph 930a. ) 931b. Loss of files on account of increase of arm^ corps ^ or hrrmch^ due to suspension from pronwtion on failure to pass examination^ allowance for. — When by reason of increase in the arm, corps, or branch of the service in which an officer is commissioned his loss of files in lineal rank due to suspension from promotion on account of failure to pass the required examination therefor exceeds the loss he would have sustained if no such increase had occurred, he shall, if promoted upon reexamination, be advanced to the position he would have occupied in the grade to which promoted had no increase occurred. Act of Aug. 29, 1916 {39 Stat. 623). 935a. Transfer, with or without promotion, from one arm of the service to another i/n order to lessen inequalities in promotions. — For the purpose of lessening as much as possible inequalities of promotion due to the increase in the number of officers of the line of the Army under the provisions of this Act, any vacancies created or caused by this Act in commissioned grades below that of lieutenant colonel in any arm of said line may, in the discretion of the Presi- dent and under such regulations as he may prescribe in furtherance of the purpose stated in this proviso, be filled by the promotion or transfer without promotion of officers of other branches of the line of the Army ; but no such promotion or transfer shall be made in the case of any officer unless it shall have been recommended by an exam- ining board composed of five officers, senior in rank to such officer, and of the arm to which the promotion or transfer of such officer shall have been proposed, who, after having made a personal exam- ination of such officer and of his official record, shall have reported him qualified for service in said arm in the grade to which his pro- '^ Held, that this provision creates no new office, and that a former officer can only be recommissioned thereunder to fill an existing vacancy. (64—213.2, J. A. G., June 20, 1916.) Held, further, that this provision relates exclusively to persons who are not a part of the Army and does not apply to officers on the retired list. (88-110, J. A. G., May 27, 1916.) Also held, that one who prior to the passage of the national-defense act had honorably resigned from the Medical Corps while a captain may, though he be over 30 years of age, be re- commissioned (that is, reappointed) in said corps under the above provisions of section 24 of that act, without regard to the requirement of section 10 thereof that persons hereafter commissioned in the Medical Corps shall be be- tween the ages of 22 and 30 years, the latter provision, in respect of age at least, being applicable to original appointments as first lieutenants in said corps. 758 MILITARY LAWS OF THE UNITED STATES. motion or transfer shall have been proposed. Sec. 25^ Act of June 3^ 1916 (39 Stat. 185). (See par. 929i for increase of 17 colonels of Cavalry and 4 colonels of Infantry to equalize inequalities in past promotions of officers of the line of the Army ; see also paragraphs 929a, 929b, 929c, 929d, 929e, 929f , and 929i for the preceding provisions of this section.) 951a. Sales of Army supplies^ etc.^ to Tnilitary schools. — ^Under such regulations as the Secretary of War may prescribe, educational institutions to which an officer of the Army is detailed as pro- fessor of military science and tactics may purchase from the War Department for cash, for the use of their military students, such stores, supplies, materiel of war, and military publications as are furnished to the Army, such sales to be at the price listed to the Army with the cost of transportation added. Act of July 17^ 19H {38 Stat. 612). 951b. Same — Receipts to he credited to original appropriations.-^- AU moneys received from the sale of stores, supplies, materiel of war,, and military publications to educational institutiofis to which an officer of the Army is detailed as professor of military science and tactics shall, respectively, revert to that appropriation out of which they were originally expended and shall be applied to the purposes for which they are appropriated by law. Id. 951c. Sales of ordnance property to educational institutions and soldiers'' and sailors'' orphans'' homes. — Sales of articles of ordnance property are authorized to educational institutions and State sol- diers' and sailors' orphans' homes for maintaining the ordnance and ordnance stores issued to them. Act of May 11^ 1908 {35 Stat. 125). 953a. Issue of ordnance and ordnance stares to Washington High School. — The Secretary of War is authorized to issue, at his discre- tion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government and which can be spared for that purpose, such as may appear to be re- quired for military instruction and practice by the students of the High School of Washington, District of Columbia, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe keeping thereof and for the return of the same when required. Joint Res. No. 9 of Feh. 5, 1891 {26 Stat. 1113) . 954a. Issue of magazine rifles., etc., for target practice^ to clubs amd schools. — The Secretary of War is hereby authorized to issue, without expense to the United States, for use in target practice. United States magazine rifles and appendages therefor not of the existing service model and not necessary for the maintenance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said arm, for each range at which target practice is had, not to exceed a total of one hundred and twenty rounds per year per man participat- MILITARY LAWS OF THE UNITED STATES. 759 ing in target practice, to rifle clubs organized under the rules of the National Board for the Promotion of Kifle Practice and to schools having a uniformed corps of cadets and carrying on military train- ing, in sufficient number for the conduct of proper target practice. Act of Apr. ^7, 19U {38 Stat. 370). 954b. Same — Regulations to he fvescrihed hy Secretary of War. — Issues of public property under this provision shall be made in com- pliance with regulations prescribed by the Secretary of War insuring the designed use of the property issued, providing against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other requirements as he may consider necessary adequately to safeguard the interests of the United States. Id. 954c. Issue of quartermaster stores^ etc.^ to schools for maintenance of military instruction camps. — The Secretary of War is authorized to issue, at his discretion and under such regulations as he may pre- scribe, such quartermaster supplies and stores belonging to the Gov- ernment, and which can be spared for that purpose, as may appear to be required for the establishment and maintenance of military in- struction camps' by the students of any educational institution to which an officer of the Army is detailed as professor of military science and tactics ; and the Secretary of War shall require a bond in each case in the value of the property for the care and safekeeping thereof and for the return of the same when required. Act of May 18,1916 {39 Stat. mS). 954d. Issue of targets and target mMeirials, etc., to rifle clubs and schools, — The Secretary of War is hereby authorized to issue, under such rules and regulations as he may prescribe, for use in target prac- tice, targets, target materials, and other necessary accessories, to rifle clubs organized under the rules of the National Board for the Pro- motion of Eifle Practice and to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the proper conduct of target practice. Act of Aug. 29, 1916 (39 Stat. 6Ji,3) . 955a. Issue of am^mumtion of old model to schools to which issue of artillery is authorized. — Hereafter ammunition of older model than current may be issued for the instruction in target practice of students at the institutions to which the issue of artillery is author- ized to the value of not more than five thousand dollars of original cost in any one year. Act of Mar. 3, 1909 (35 Stat. 730). 955b. Target practice at educational institutions, etc. — For manu- facture of ammunition, targets, and other accessories for small-arms and machine-gun target practice and instruction ; marksmen's medals, prize arms, and insignia for all arms of the service; and ammuni- tion, targets, target materials, and other accessories may be issued 760 MILITARY LAWS OF THE U KITED STATES. for small-arms target practice and instruction at the educational in- stitutions and State soldiers' and sailors' orphans' homes to which issues of small arms are lawfully made, under such regulations as the Secretary of War may prescribe, provided the total value of the stores so issued to the educational institutions and homes does not exceed $30,000 1 * * *^ Act of Mar. i, 1915 {38 Stat. 1082), TRANSFER OF RETIRED OFFICERS TO ACTIVE LIST. 958a. Under age of fifty years^ and not above grade of captain. — Hereafter the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to transfer to the active list of the Army any oiRcer under fifty years of age and with rank not above that of captain who may have been transferred hereto- fore or who may be transferred hereafter for physical disability from the active to the retired list of the Army by the action of any retiring board. Act of Mar. ^, 1915 {38 Stat. 1068) . 958b. Same — PTxwe to which transferred on active list. — Such officer shall be transferred to the place on the active list which he would have had if he had not been retired, and shall be carried as an additional number in the grade to which he may be transferred or at any time thereafter promoted. Id. 958c. Sarrie — Promition after exarmnation. — Such officer shall stand a satisfactory medical and professional examination for pro- motion as now provided for by law. Id. 958d. Officers retired for physical disability^ transfer to active list. — The President be, and he is hereby, authorized within two years ^ of the approval of this act, by and with the advice and con- sent of the Senate, to transfer to the active list of the Army any officer who may have been transferred heretofore for physical dis- ability from the active to the retired list of the Army by the action of any retiring board. Id. 958e. Same — Officers heretofore transferred entitled to benefits of Act. — Any officer who may have already been transferred from the retired list to the active list shall receive the benefits of this act. Id. 1069. 958f. Details for active duty^ rank and pay of retired officers re- ceiving. — Hereafter any retired officer, who has been or shall be de- tailed on active duty, shall receive the rank, pay, and allowances of the grade, not above that of major, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of ' Similar provision in Act of Apr. 27, 3914 (38 Stat. 370). 2 See 958b as to place to be occupied on active list and 958c as to examination prior to promotion. MILITARY LAWS OF THE UNITED STATES. 761 time during which he has been detailed on active duty since his retirement/ Sec, ^4, Act of Jwm S, 1916 {39 Stat. 183). (For provision of tliis section immediately preceding this paragraph see par. 961a. In determining rights of officers under this paragraph, see par. 1084a for provision that officers retired before the separation of the Field Artillery from the Coast Artillery shall be regarded as having belonged to the Field Artillery.) 958g. List of and periodical examination of officers retired fox dis- ability with a view to assigning them to active duty. — The Secretary of War shall make a list of all officers of the Army who have been placed on the retired list for disability and shall cause such officers to be examined at intervals as may be advisable, and such officers as shall be found to have recovered from such disabilities or to be able to perform service of value to the Government sufficient to warrant such action shall be assigned to such duty as the Secretary of War may approve. Act of Aug. ^9, 1916 {39 Stat. 629). 958h. Officers retired for services in constructing Panama Canal^ certain may he transferred to active list. — Hereafter the President be, and he is hereby, authorized, within one year of the approval of this Act, by and with the advice and consent of the Senate, to trans- fer, upon application, to the active list of the Army any officer under fifty years of age who may have been transferred heretofore from the active to the retired list of the Army under the Act to provide for recognizing the services of certain officers of the Army, Navy, and Public Health Service for their services in connection with the con- struction of the Panama Canal, and for other purposes, approved March fourth, nineteen hundred and fifteen.^ Act of Feb. 23^ 1917 {Pub. No. 3i9, 39 Stat. —). 9581. Same — Rank., grade., and arm,. — Such officers shall take rank at the foot of the respective grades which they held at the time of their retirement and shall be carried as an additional number in the grade to which he may be transferred or at any time thereafter pro- moted, and shall be promoted on the same date as the officer next above him in rank, and shall be commissioned in the arm or depart- ment of the Army from which he was retired. Id. * Held, that the act of June 3, 1916, does not expressly, or by necessary im- plication, repeal or modify any part of the act of March 2, 1903, and that as the latter act expressly provides that time after retirement shall not be counted for longevity purposes, officers coming within the provision in question of the act of June 3, 1916, are not entitled to any higher pay in the grade that they would have attained in due course of promotion if they had remained on the- active list than the pay of such higher grade computed on the length of their service at the time of their retirement. (Comp. Treas., July 28, 1916. War Dept. Bull. 28, 1916.) Held, that service of a retired officer under a commission in the Volunteers during the Spanish-American War could not be counted for the pvirpose of ad- vancement in grade under section 24 of the national defense act, last sentence, which applies only to officers " detailed to active duty." (War Dept. Bull, 89, Oct. 6, 1916.) ^ See pars. 927a-927k, ante. 762 MILITARY LAWS OF THE UNITED STATES. 958j. Same — Examination for transfer and for promotion. — Such officer shall stand a satisfactory medical examination, and when pro- moted shall stand the medical and professional examinations pro- vided for by law. Id. 958k. Same — After transfer^ subsequent retirement only for age or disability. — Any officer transferred to the active list under this Act shall not again be entitled to the benefits of the Panama Canal Act described above, except when retired for age or for physical dis- ability incurred in the line of duty. Id. 961a. Enbployment of retired officers in tim^ of war. — In time of war retired officers of the Army may be employed on active duty, in the discretion of the President, and when so employed they shall receive the full pay and allowances of their grade. Sec, 24, Act of June S, 1916 {39 Stat, 183) . (For the provision of this section immediately preceding this paragraph see paragraph 930b, and for the ensuing provision see paragraph 958f.) 969a. Retired Atmvy officers with certain Civil War service.^ may he appointed and retired with increased rank. — The President be, and he is hereby, authorized to appoint, by and with the advice and con- sent of the Senate, any brigadier general of the Army on the retired list who has held the rank and command of major general of Volun- teers and performed the duties incident to that grade in time of actual warfare, and has been honorably discharged, and who served with credit in the Regular or Volunteer forces during the Civil War prior to April ninth, eighteen hundred and sixty-five, to the grade of major general in the United States Army and place him on the retired list with the pay of brigadier general on the retired list ; and any officer now on the retired list of the Army who served with credit for more than two years as a commissioned officer of Volunteers during the Civil War prior to April ninth, eighteen hundred and sixty-five, and who subsequently served with credit for more than forty years as a commissioned officer of the Regular Army, including service in command of troops in five Indian campaigns, the War with Spain, and the Philippine insurrection, and to whom the con- gressional medal of honor for most distinguished conduct in action has been twice awarded, and who has also been brevetted for con- spicuous gallantry in action, and place him 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 his retirement from active service in the Regular Army. Act of Mar. Ji,, 1915 {38 Stat. 1084). 969b. Same — Advancement of brigadier general on the retired list, with certain Civil War service, one grade. — The President be, and he is hereby, authorized to appoint to the grade of major general on the retired list of the Army any brigadier general now borne on said MILITARY LAWS OF THE UNITED STATES. 763 list who served with credit in the Army throughout both the Civil War and the War with Spain, as well as during the interval between said wars, and Avho, being a general officer, exercised with efficiency and gallantry the command of a brigade or of a higher unit in action or in actual operations against an enemy, and who in consideration of services so rendered was recommended to be a major general. United States Volunteers, by the commanding general of the-Army, as shown by the records of the War Department. Act of Aug, 29^ 1916 {39 Stat. 628), 969c. Same — Advancement of retired hrigadier general who had certain Civil War service as senior coIotwI^ and so forth. — Any briga- dier general on the retired list who as senior colonel commanded with credit a brigade or higher unit in the Civil War, though not so recom- mended, may be advanced in grade as authorized by this paragraph if he fulfills the other requirements thereof. Id. 969d. Same — Advancement to grade of rrbajor general on retired list of retired officer who had cert am Civil War service^ etc. — The President be, and he is hereby, authorized to appoint and place on the retired list of the Army with the rank of major general any officer on the retired list who served not less than one year in the Regular or Volunteer forces of the United States during the Civil War prior to April ninth, eighteen hundred and sixty-five, and who was honorably dischargjed therefrom, who has since served not less than forty years as a commissioned officer of the Regular Army, and who was the last Civil War veteran on the active list of the Army for over two years before retirement and had ranked every general officer on the active list in length of service when he retired. Id. 969e. Same — Advancement of retired colonel one grade on retired list who had certain service in Indian campaigns^ War with Spain^ etc. — The President be, and he is hereby, authorized to appoint any colonel of the Army on the retired list who before retirement served more than forty-five years and six months, including sixteen years in the line of the Army, who held command in the line or staff over nine and a half years, who received campaign badges for service in four Indian campaigns and in the War with Spain and the Philip- pine insurrection, and who was recommended by the commanding general in time of war or insurrection for appointment to the grade of general officer in the Volunteer Army, to the grade of brigadier general on the retired list : Provided, That such officer did not receive advanced grade upon retirement nor has since received any advance over the grade held at the date of retirement. Id. 627. 975a. Retired officer assigned to active duty as post corrumander during movement of troops, pay and allowances of. — When by rea- son of the movement of troops a post is temporarily left without its 764 - MILITARY LAWS OF THE UNITED STATES. regular garrison and with no commissioned officer except of the Medical Eeserve Corps on duty thereat, the Secretary of War may assign a retired officer of the Army, with his consent, to active duty in charge of such post. The officer so assigned shall perform the duties of commanding officer and also any necessary staff duties at such post, and shall, while in the j^erformance of such duties, receive the full pay and allowances of his grade, subject to the limitations imposed by the Act of March second, nineteen hundred and five,^ and the Act of June twelfth, nine hundred and six,^ which limitations shall include the gi^ades of brigadier general, major general, and lieutenant general. Id. 627, CHAPTER XXy, BKEVETS— UNIFORM AND TITLE OF EX-OFFICEKS— MEDALS OF HONOR— CERTIFICATES OR MERIT— FOR- EIGN DECORATIONS. Par. Uniform lOlOa-lOlOf Unlawful for unautliorized per- sons to wear, of Army, Navy, or Marine Corps 1010a Same — Not applicable to certain organizations and persons 1010b Same — Uniform for the Na- tional Guard, military socie- ties, and instructors or mem- bers of cadet corps to bear distinctive mark or insignia. 1010c Same — Members of military so- cieties, and instructors and members of cadet corps not to wear insignia of rank of offi- cers of Army, etc lOlOd Same — Penalty for violation of provisions of section lOlOe Same — Provi^ons extended to Coast Guard lOlOf Medals of Honor 1013a-1014m Authorization of, for noncom- missioned officers and pri- vates 1013a Army and Navy Medal of Honor Roll 1014a-1014h Establishment of, etc 1014a Same — Duty of Secretary of War, etc., to carry Act into effect and issue certificates to applicants 1014b Par. Same — Special pension of $10 per month to each person whose name is placed on roll. 1014c Same — Date of beginning and continuation of 1014d Same — To be additional to pen- sion which beneficiary may re- ceive under any other law 1014e Same — Not subject to taxes or any civil process 1014f Same — Holder of two or more medals entitled to but one special pension; rank in ser- vice not to be considered 1014g Same — Allowances to be paid from appropriations for inva- lid pensions 1014h Board to investigate awards of medals of honor 1014i-1014m Composition of board, etc 1014i Same — Name of recipient to be stricken from medal of honor list on finding of board 1014j Misdemeanor for recipient to publicly wear or display medal after name is stricken from list 1014k Board given access to records of War Department 10141 Actual expenses of board pay- able from contingencies of Army for War Department 1014m UNIFORM. 1010a. Unlaw ful for unauthorized persons to wear^ of Army, Navy, or Marine Corps.— It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps * See pars. 974 and 975. 765 766 MILITARY LAWS OF THE UNITED STATES. to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps. Sec. 125, Act of Jwm 3, 1916 {39 Stat. 216) . 1010b. Same — Not ajypUcahle to certain organizations and per- sons. — The foregoing provision shall not be construed so as to pre- vent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the National Guard ; nor to prevent members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the high- est grade they have held by brevet or other commission in such Regu- lar or Volunteer service; nor to prevent any person who has been honorably discharged from the United States Army, Navy, or Ma- rine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such discharge; nor to prevent the members of military societies composed entirely of honorably discharged officers or en- listed men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of cere- mony, the uniform duly prescribed by such societies to be worn by the members thereof ; nor to prevent the instructors and members of the duly organized cadet corps of a State university. State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instructors and members of such cadet corps ; nor to prevent civilians attendant upon a course of military or naval instruction authorized and con- ducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval au- MILITARY LAWS OF THE UNITED STATES. 767 thorities for wear during such course of instruction ; nor to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving- picture films while actually engaged in representing therein a mili- tary or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps.^ Id. 1010c. Same — Uniform for the National Guard., mMitary societies, and instnoetors or members of cadet corps to hear distinctive ma/rh or insignia. — The uniform worn by officers or enlisted men of the National Guard, or by the members of the military societies or the instructors and members of the cadet corps referred to in the pre- ceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps. Id. 217. lOlOd. Samie — Members of military societies and instructors and members of cadet corps not to wear insignia of rank of officers of Army, etc. — The members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Id. lOlOe. Bofme — Penalty for violation of provisions of section. — Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by impris- onment not exceeding six months, or by both such fine and imprison- ment. Id. lOlOf. Same — Provisions extended to Coast Guard. — Section one hundred and twenty-five of the Act entitled "An Act for further and more effectual provision for the national defense, and for other purposes," approved June third, nineteen hundred and sixteen, shall apply to the Coast Guard in the same manner as to the Army, Navy, and Marine Corps. Act of Aug. W, 1916 {39 Stat. 649), MEDALS OF HONOR. 1013a. Authorisation of for noncom/missioned officers and pri- vates. — The President of the United States be, and he is hereby, au- thorized to cause two thousand " medals of honor " to be prepared ^ Held, that, as the organizations that are expressly named as excepted are either military or quasi-military, and in view of the rule of associated words, it was the intention of Congress that the Secretary of War's authority to desig- nate other organizations should be limited to those of a similar character, and that the Secretary of War is, therefore, not authorized to designate the Army Young Men's Christian Association as an organization exempt from the pro- visions of section 125 of the national-defense act. (War Dept. Bull. 3, Jan. 19, 1917.) 768 MILITARY LAWS OF THE UNITED STATES. with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to such noncommissioned officers and privates as shall most distinguish themselves by their gallantry in action, and other soldier-like qualities during the present insurrec- tion. ResoUtim No. 52 of July 12, 1862 {12 Stat. 623). ARMY AND NAVY MEDAL. OF HONOR ROLL. 1014a. Establishment of, etc. — There is hereby established in the War Department and Navy Department, respectively, a roll desig- nated as " the Army and Navy medal of honor roll." Upon written application made to the Secretary of the proper department, and subject to the conditions and requirements hereinafter conatined, the name of each surviving person who has served in the military or naval service of the United States in any war, who has attained or shall attain the age of sixty-five years, and who has been awarded a medal of honor for having in action involving actual conflict with an enemy distinguished himself conspicuously by gallantry or in- trepidity, at the risk of his life, above and beyond the call of duty, and who was honorably discharged from service by muster out, resig- nation, or otherwise, shall be, by the Secretary of the proper depart- ment, entered and recorded on said roll. Applications for entry on said roll shall be made in such form and under such regulations as shall be prescribed by the War Department and Navy Department, respectively, and proper blanks and instructions shall be, by the proper Secretar}^, furnished without charge upon request made by any person claiming the benefits of this Act. Seel, Act of Apr. 27, 1916 {39 Stat. 63). 1014b. Same — Duty of Secretary of War, etc., to cartn) Act into effect and issue certificates to applicants. — It shall be the duty of the Secretary of War and of the Secretary of the Navy to carry this Act into effect and to decide whether each applicant, under this Act, in his department is entitled to the benefit of this Act. If the official award of the medal of honor to the applicant, or the official notice to him thereof, shall appear to show that the medal of honor was awarded to the applicant for such an act as is required by the pro- visions of this Act, it shall be deemed sufficient to entitle the appli- cant to such special pension without further investigation. Other- wise all official correspondence, orders, reports, recommendations, requests, and other evidence now on file in any public office or depart- ment shall be considered. A certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the medal of honor was awarded, and of enrollment under this Act, and of the right of the special pensioner to be entitled to and to receive the special pension herein granted, shall be furnished each person whose MILITARY LAWS OF THE UNITED STATES. 769 name shall be so entered on said roll. The Secretary of War and the Secretary of the Navy shall deliver to the Commissioner of Pensions a certified copy of each of such of said certificates as he may issue, as aforesaid, and the same shall be full and sufficient authority to the Commissioner of Pensions for the payment by him to the beneficiary named in each such certificate the special pension herein provided for. Sec. ^, id. SJf.. - _ 1104c. Same — Special pension of $10 per month to each per- son whose name is placed on roll. — Each such surviving person whose name shall have been entered on said roll in accordance with this Act shall be entitled to and shall receive and be paid by the Commissioner of Pensions in the Department of the Interior, out of any moneys in the Treasury of the United States not otherwise appropriated, a spec- ial pension of $10 per month for life, payable quarter yearly. The Commis-sioner of Pensions shall make all necessary rules and regu- lations for making payment of such special pensions to the bene- ficiaries thereof. Sec. 3^ id, 1014d. Same — DaJ:e of beginning and continuation of. — Such spe- cial pension shall begin on the day that such person shall file his application for enrollment on said roll in the office of the Secretary of War or of the Secretary of the Navy after the passage and ap- proval of this Act, and shall continue during the life of the benefici- ary. Id. 1014e. Same — To he additional to pension which heneflciary may receive under any other law. — Such special pension shall not deprive any such special pensioner of any other pension or of any benefit, right, or privilege to which he is or may hereafter be entitled under any existing or subsequent law, but shall be in addition thereto. Id. 1014f . Same — Not subject to taxes or any civil process. — The special pension allowed under this Act shall not be subject to any attach- ment, execution, levy, tax, lien, or detention under any process what- ever. Id. 1014g. Same — Holder of two or more medals entitled to hut one special pension; rank in service not to he considered. — In case any person has been awarded two or more medals of honor, he shall not be entitled to and shall not receive more than one such special pen- sion. Rank in the service shall not be considered in applications filed hereunder. Sec. ^, id. 1014h. Same — Allowances to he paid from appropriations for in- valid pensions. — All allowances made, or hereafter to be made, to medal of honor pensioners under the Act of Congress approved April twenty-seventh, nineteen hundred and sixteen, shall be paid from the moneys appropriated for the payment of invalid and other 92061°— 17-: — 49 Y70 MILITARY LAWS OF THE UNITED STATES. pensions, and section three of the said Act of April twenty-seventh, nineteen hundred and sixteen, is amended accordingly. Act of June SO, 1916 {S9Stat.2Jt2), BOARD TO INVESTIGAl'E AWARDS OF MEDALS OF HONOR. 10141. Composition of hoard, etc, — A board to consist of five gen- eral officers on the retired list of the Army shall be convened by the KSecretary of War, within sixty days after the approval of this Act, for the purpose of investigating and reporting upon past awards or issues of the so-called congressional medal of honor by or through the War Department; this with a view to ascertain what medals of honor, if any, have been awarded or issued for any cause other than distinguished conduct by an officer or enlisted man in action involv- ing actual conflict with an enemy by such officer or enlisted man or by troops with which he was serving at the time of such action. Sec, m, Act of June -5, 1916 {39 Stat. MJ^), * 1014J. Same — Name of recipient to he stricken from medal of honor list on finding of hoard. — And in any case in which said board shall find and report that said medal was issued for any cause other than that hereinbefore specified the name of the recipient of the medal so issued shall be stricken permanently from the official medal of honor list. Id. 1014k. MisdcTneanor for recijnent to puhlicly weo.r or display medal after n^xnie is stricken from list. — It shall be a misdemeanor for him to wear or publicly display said medal, and, if he shall still be in the Army, he shall be required to return said medal to the War Depart- ment for cancellation. Id. 10141. Board given access to records of War Department. — Said board shall haA e full and free access to and use of all records per- taining to the award or issue of medals of honor by or through the War Department. Id. X^X^iTSL. Actual expenses of hoard payahle from contingencies of Army for War Department. — The actual and necessary expenses of said board and its members shall be paid out of any appropriations available for contingent expenses of the Army of the War Depart- ment. Id, CHAPTER XXVI. ENLISTED MEN. Enlistment of minors Enli.stment, term of Same — Reenlistment after three years' continuous service Same — May be furloughed to Regular Army Reserve after one year's lionorable service- Same — Three years to be counted as enlistment period in com- puting continuous-service pay_ I'inal discharge issued at expira- tion of seven years, but ac- count closed on furlough to Regular Army Reserve : Regular Army Reserve 1031f- Composition of Same — Organization, training, mobilization, pay, etc., of Enlistments in the Regular Army and in force at outbreak of war to continue for one year Annual rate of pay for mem- bers of Same — Active service pay Same — Continuous service pay during active service Bounty of reservist upon report- ing for active duty if physi- cally qualified rar. 1028a 1031a 1031b 1031c 1031d 1031e 1031O 1031f lOSlg 1031h 10311 1031 j 1031k 10311 Par. Service in, confers no right to retirement or retired pay; pensionable status 1031ni Use of other Government de- partments for paying, mobiliz- ing, etc., reserve organiza- tions 1031n Bounty for reenlistment in time of war of certain honorably discharged men as an auxil- iary to 1031O Premium for recruits may be paid to third and four class postmasters for securing 1032a Reenlistment of noncommis- sioned officer within 20 days with rank of discharge 1034a Discharge by purchase may be final or by furlough to Regu- lar Army Reserve 1043a Discharge or furlough to Regu- lar Army Reserve on account of dependency of member of family 1044a Travel allowance of enlisted men on discharge 1045a Same — Applies to enlisted men of National Guard on dis- charge from United States 1045b Sea travel on discharge 1046a 1028a. Enlistment of minors. — No person under the age of eighteen years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardi- ans, provided that such minor has such parents or guardians entitled to his custody and control. Sec. 27, Act of June 3, 1916 {39 Stat. 186). (For the provisions of this section preceding this paragraph, see pars. 1031a, 1031b, 1031c, 1031d, and 1034a, and for ensuing provision see par. 1032a.) 1031a. Enlistment, term, of. — On and after the first day of Novem- ber, nineteen hundred and sixteen, all enlistments in the Regular 771 772 MILITABY LAWS OF THE UNITED STATES. Army shall be for a term of seven years, the first three years to be in the active service with the organizations of which those enlisted form a part and, except as otherwise provided herein, the last four years in the Regular Army Reserve hereinafter provided for. Id. (See par. 1031h, post, for provision that all enlistments in the Regular Army and in the Regular Army Reserve in force on date of outbreak of war shall continue for one year, but nothing in the proviso shall shorten the term of en- listment prescribed.) 1031b. &ame — Reenlistment after three years'^ continuous service, — At the expiration of three years' continuous service with such or- ganizations, either under a first or any subsequent enlistment, any soldier may be reenlisted for another period of seven years, as above provided for, in which event he shall receive his final discharge from his prior enlistment. Id. 186. 1031c. Same — May he furloughed to Regular Army Reserve after one years honorable service. — After the expiration of one year's honorable service any enlisted man serving within the continental limits of the United States whose company, troop, battery, or de- tachment commander shall report him as proficient and sufficiently trained may, in the discretion of the Secretary of War, be fur- loughed to the Regular Army Reserve under such regulations as the Secretary of War may prescribe, but no man furloughed to the reserve shall be eligible to reenlist in the service until the expiration of his term of seven years. Id. 187. 1031d. Same — Three years to he counted as enlistment ^period in commuting continuous-service pay. — In all enlistments hereafter ac- complished under the provisions of this Act three years shall be counted as an enlistment period in computing continuous-service pay. Id. (For ensuing provision of this section, see par. 1034a.) 1031e. Final discharge issued at expiration of seven years^ hut account closed on furlough to Regular Army Reserve. — No enlisted man in the Regular Army shall receive his final discharge until the termination of his seven-year term of enlistment except upon reen- listment as provided for in this Act or as provided by law for dis- charge prior to expiration of term of enlistment, but when an en- listed man is furloughed to the Regular Army Reserve his account shall be closed and he shall be paid in full to the date such furlough becomes effective, including allowances provided by law for dis- charged soldiers. Sec. 29^ id. (For ensuing provision of this section see paragraph 1044a.) REGULAR ARMY RESERVE. 1031f. Composition of. — The Regular Army Reserve shall consist of, first, all enlisted men now in the Army Reserve or who shall MILITARY LAWS OF THE UNITED STATES. 773 hereafter become members of the Army Eeserve under the provisions of existing Liw; second, all enlisted men fiirloughed to or enlisted in the Regular Army Eeserve under the provisions of this Act; and, third, any person holding an honorable discharge from the Regular Army with character reported at least good who is physically quali- fied for the duties of a soldier and not over forty-five years of age who enlists in the Regular Army Reserve for a period of foun y^ars. ^ec. 30^ id. 1031g. Same — Organization^ training^ mohilization^ V^V^ ^^^"i ^/- — The President is authorized to assign members of the Regular Army Reserve as reserves to particular organizations of the Regular Army or to organize the Regular Army Reserve, or any part thereof, into units or detachments of any arm, corps, or department in such man- ner as he may prescribe, and to assign to such units and detachments officers of the Regular Army or of the Officers' Reserve Corps herein provided for; and he may summon the Regular Army Reserve or any part thereof for field training for a period not exceeding fifteen days in each year, the reservists to receive travel expenses and pay at the rate of their respective grades in the Regular Army during such periods of training; and in the event of actual or threatened hostilities he may mobilize the Regular Army Reserve in such man- ner as he may determine, and thereafter retain it, or any part thereof, in active service for such period as he may determine the conditions demand.^ Sec. 31^ id. lOSlh. Enlistments in the Regular Army and in, in force at out- break of war to continue for one year. — All enlistments in the Regu- ^ Held, that the hiw contemplates that the President may cause reservists to be organized at all times in the manner indicated and that, in the discretion of the President, they may be attached as such to organizations of the Regular Army that are at maxinmm strength, but when so attached they are not con- stituent parts of. such organizations and form no part of the numbers author- ized by law for siich organizations. (War Depart. Bull. 34, Sept. 12, 1916.) Held, that when so assigned, reservists are eligible for promotion as other members of the organizations who are serving in the active period of their enlistment. (War Depart. Bull. 39, Oct. 6, 1916.) Held as follows : (a) Under the statute a reservist is entitled to active duty pay and allow- ances from the time he reports in person in response to a mobilization order until the time he is actually excused. (&) As to whether clothing is an allowance to which a reservist is entitled under the circumstances stated, depends upon whether he actually avails him- self of such allowance. Clothing is essentially an allowance in kind, furnished for use of enlisted men when they are accepted for actual service, and is com- muted to a money value merely for convenience. Therefore, until a reservist is examined and found physically fit for service, and accepted for service, he is not entitled to any clothing allowance. After he is accepted for service he is entitled to draw clothing against his clothing allowance, but if he is excused before drawing clothing against his allowance he should not be credited with any such allowance. (c) A reservist who, in obedience to a summons, reports at the designated place and is found physically qualified complies with the statute and his right to mobilization pay becomes vested and the same should be paid. (War Depart. Bull. 47, Nov. 16, 1916.) 774 MILITARY LAWS OF THE UNITED STATES. lar Army, including those in the Regular Army Reserve, which are in force on the date of the outbreak of war shall continue in force for one year, unless sooner terminated by order of the Secretary of War, but nothing herein shall be construed to shorten the time of enlist- ment prescribed. Id. (See paragraph 1031a as to term of enlistment.) 10311. Annual rate of pay for members of. — Subject to such regu- lations as the President may prescribe for their proper identification, and location, and physical condition, the members of the Regular Army Reserve shall be paid semiannually at the rate of $24 a year while in the reserve. Id. 188. 1031]. Same — Active service pay. — When mobilized by order of the President, the members of the Regular Army Reserve shall, so long as they may remain in active service, receive the pay and allow- ances of enlisted men of the Regular Army of like grades. Sec. 32, id. 188. 1031k. Sam^e — Continuous service pay duHng active service. — Any enlisted man who shall have reenlitsed in the Regular Army Reserve shall receive during such active service the additional pay now pro- vided by law for enlisted men in his arm of the service in the second enlistment period. Id. (See par. 708, ante, for rates of continuous-service pay to enlisted men of Regular Army.) 10311. Bounty of reservists upon reporting for active duty if physi- cally qualified. — ^Upon reporting for duty, and being found physi- cally fit for service, members of the Regular Army Reserve shall receive a sum equal to $3 per month for each month during which they shall have belonged to the reserve, as well as the actual neces- sary cost of transportation and subsistence from their homes to the places at which they may be ordered to report for duty under such summons. Id, IO3I111. Service in, confers no right to retirement or retired pay, pensionahle status. — Service in the Regular Army Reserve shall con- fer no right to retirement or retired pay, and members of the Regular Army Reserve shall become entitled to pension only through dis- ability incurred while on active duty in the service of the United States. Id. IO3I11. Use of other Government departments for paying, mobiliz- ing, etc., reserve organizations. — The President may, subject to such rules and regulations as in his judgment may be necessary, utilize the services of members and employees of all departments of the Gov- ernment of the United States, without expense to the individual reservist, for keeping in touch with, paying, and mobilizing the Regular Army Reserve, the Enlisted Reserve Corps, and other reserve organizations. . Sec. 33, id. 188. MILITARY LAWS OF THE UNITED STATES. 775 103 lo. Bounty for reerdistment in time of war of certain honorably discliarged men as an auxiliary to, — For the purpose of utilizing as an auxiliary to the Regular Army Reserves the services of men who have had experience and training in the Regular Army, or in the United States Volunteers, outside of the continental limits of the United States, in time of actual or threatened hostilities, and after the President shall, by proclamation, have called upon honorably discharged soldiers of the Regular Army to present themselves for reenlistment therein within a specified period, subject to such con- ditions as may be prescribed, any person who shall have been dis- charged honorably from said Army, with character reported as at least good, and who, having been found physically qualified for the duties of a soldier, if not over fifty years of age, shall reenlist in the line of said Army, or in the Signal, Quartermaster, or Medical Depart- ment thereof, within the period that shall be specified in said procla- mation, shall receive on so reenlisting a bounty which shall be com- puted at the rate of $8 for each month for the first year of the period that shall have elapsed since his last discharge from the Regu- lar Army and the date of his reenlistment therein under the terms of said proclamation; at the rate of $6 per month for the second year of such period ; at the rate of $4 per month for the third year of such period ; and at the rate of $2 per month for any subsequent year of such period ; but no bounty in excess of $300 shall be paid to any per- son under the terms of this section. Sec. 34, id. 1032a. Pi'emium for recruits may he paid to third and fourth class postmasters for securing. — The President is authorized in his discre- tion to utilize the services of postmasters of the second, third, and fourth classes in procuring the enlistment of recruits for the Army, and for each recruit accepted for enlistment in the Army the post- master procuring his enlistment shall receive the sum of $5. Sec. 27, id. 186. (For the provision of this section immediately preceding this paragraph see paragrapli 1028a, and for the ensuing provisions see paragraphs 1293a and r293b.) 1034a. Reenlistment of noncommissioned officer within twenty days with 7'ank of discharge. — Any noncommissioned officer discharged with an excellent character shall be permitted, at the expiration of three years in the active service, to reenlist in the organization from which discharged with the rank and grade held by him at the time of his discharge if he reenlists within twenty days after the date of such discharge. Id. (For tlie provision of this section immediately preceding this paragraph see paragraph 1031d, and for the ensuing provision see paragraph 1028a.) 1043a. Discharge hy purchase may he fnal or hy furlough to Regu- lar Ai^my Reserve. — When an enlisted man is discharged by purchase 776 MILITARY LAWS OF THE UNITED STATES. while in active service he shall be furloughed to the Regular Army Reserve, unless, in the discretion of the Secretary of War, he is given a final discharge from the Army. &ec, 29 Id. 187. (For the provision of this section immediately preceding this paragrapli see paragrapli 1044a.) 1044a. Discharge or furlough to Regular Army Reserve on account of dependency of member of family, — When by reason of death or disability of a member of the family of an enlisted man occurring after his enlistment members of his family become dependent upon him for support, he may, in the discretion of the Secretary of War, be discharged from the service of the United States or be furloughed to the Regular Army Reserve, upon due proof being made of such condition.^ Id. (For tlie preceding provision of tliis section see paragraph 1031e, and for the ensuing provision see paragraph 1043a.) 1045a. Travel allowance of enlisted men on discharge. — On and after July first, nineteen hundred and sixteen, an enlisted man when discharged from the service, except by way of punishment for an offense, shall receive 3J cents per mile from the place of his dis- charge to the place of his acceptance for enlistment, enrollment, or original muster into the service, at his option.^ Sec. 126^ Id. 127. ( For the ensuing provision of this section see paragraph 1046a. ) 1045b. Same — Applies to enlisted men of National Guard on dis- charge from United States. — Nothing contained in the Act making appropriations for the support of the Army for the fiscal year nine- teen hundred and seventeen shall be construed as precluding the payment of travel allowance as provided in section one hundred and twenty-six of the Act approved June third, nineteen hundred and ^Held, that this provision is applicable to all discharges by purchase issued on and after the date of the approval of the act, irrespective of the time when the soldier enlisted. Held, that this provision as a whole is inapplicable to the National Guard, in view^ of the alternative of furloughing the soldier " to the Ilegular Army Re- serve," and that its terms indicate that it was intended to apply only to the Regular Army. (War Dept. Bull. 18, July 8, 1916). Held, that this provision repeals section 30 of the act of February 2, 1901 (31 Stat., 756), which authorized the discharge only upon the death of a de- pendent parent and after one year's service. (War Dept. Bull. 28, Aug. 18, 1916.) ""Held, that the Act of August 24, 1912 (37 Stat. 575), providing for transpor- tation and subsistence in kind for enlisted men on their discharge, or, in lieu thereof, 2 cents a mile, at the election of the soldier, was repealed by the Act of June 3, 1916, and that on and after July 1, 1916, the payment of travel pay to enlisted men of the Army on discharge will be governed by the Acts of June 12, 1906 (34 Stat. 247), and June 3, 1916. The Act of June 12, 1906, referred to provides : " For the purpose of determining allowances for all travel under orders, or for officers and enlisted men on discharge, travel in the Philippine Archipelago, the Hawaiian Archipelago, the home waters of the United States, and between the United States and Alaska shall not be regarded as sea travel and shall be MILITARY LAWS OF THE UNITED STATES. 777 sixteen, to enlisted men of the National Guard on their discharge from the service of the United States^ and the appropriation for the transportation of the Army and its supplies for the fiscal year nine- teen hundred and seventeen shall be available for this purpose and also for the purpose of paying travel pay to officers of the National Guard on their discharge from the service of the United States, as prescribed in the Act approved March second, nineteen hundred and one. Act of &ept. 8, 1916 {39 Stat. 810), 1046a. Sea travel on discharge, — For sea travel on discharge trans- portation and subsistence only shall be furnished to enlisted men. Sec. 126, Act of June 3, 1916 {39 Stat. 217) . paid for at rates established by law for land travel within the boundaries of the United States," Question (a) accordingly answered in the affirmative. Held, as to question (6) that the language " at his option" in section 126 of the national defense Act has operation only with reference to the preceding words " enrollment " or " original muster into the service " ; that as these terms are not properly applicable to enlisted men of the Regular Army, such enlisted men on discharge are entitled to travel allowances only to the place of their acceptance for enlistment, i. e., the place of initial acceptance, it being the purpose of the Act to return a man to the place from which he was taken by the Government. As to enlisted men of volunteer or militia organizations to which the terms " enrollment " or " muster into the service " may apply, they may ex- ercise an option. If a man enters the military service as a part of a recog- nized organization which has been enrolled for the purpose of becoming a part of the Army, and such organization is mustered into the service at a different place from that where the members were enrolled, he may, upon discharge or muster out, be allowed travel to the place of his enrollment or to the place of his nuister in, as he may elect, or, in the language of the statute " at his option," Answering question (?>) specifically, an enlisted man of the Regular Army is entitled to travel pay only to the place of his acceptance for enlistment. (Comp. W. W. Warwick, June 26, 1916. War Dept. Bull. 18, July 8, 1916.) CHAPTER XXVII. THE TROOPS OF THE LINE. Par. Cavalry 1071a-1075a Composition and organization of regiment 1071a Composition of squadrons and troops 1074a Composition of lieadquarters troops 1074b Composition of machine-gun troops 1074c Composition of supply troops 1074d Commissioned officers for troop organizations to be assigned from officers authorized 1074e Increase of noncommissioned officers and privates 1075a Subscriptions for newspapers and periodicals under Chief of Coast Artillery 1083a Officers retired before separa- tion of Field and Coast Ar- tillery to be regarded as hav- ing belonged 'to Field Artil- ■ lery 1084a Coast Artillery Corps 1086a-1086c Composition of 1086a Same — Composition and number of rated men; pay of cox- swains 1086b Chief of Coast Artillery to have rank of major general 1086c Field Artillery 1090a-1091f Composition and organization of 1090a Organization of ammunition and depot batteries and battalions and artillery parks in time of actual or threatened hostili- ties 1090b Composition of regiment 1090c Composition of gun or howitzer battery 1091a Par. Same — Packmaster, assistant, and cargador for mountain battery in absence of enlisted men of Quartermaster Corps for such positions 1091b Composition of headquarters company in regiment of two battalions 1091c Same^Regiment of three bat- talions , I09id Composition of supply company in regiment of two battalions 1091e Same — Regiment of three bat- talions 1091t Composition of gun or howitzer battalions 1091g Increase of noncommissioned -officers and privates for head- quarters and supply compa- nies of regiments of two and three battalions 1091h Infantry 1095a-1099a Composition and organization of regiment 1095a Composition of battalion and company I095b Composition of headquarters company 1097a Composition of machine-gun company 1097b Composition of supply company 1097c Commissioned officers for com- pany organizations to be as- signed from officers author- ized 1097d Increase in noncommissioned officers and privates in com- panies of 1098a Infantry band organization at recruiting depots 1099a 779 780 MILITARY LAWS OF THE UNITED STATES. CAVALRY. 1071a. Composition and organization of regiment. — Each regiment of Cavalry shall consist of one colonel, one lieutenant colonel, three majors, fifteen captains, sixteen first lieutenants, sixteen second lieu- tenants, one headquarters troop, one machine-gun troop, one supply troop, and twelve troops organized into three squadrons of four troops each. Sec. 18, Act of June 3, 1916 {39 Stat, 178), (See paragraph 929i for increase of seventeen colonels of Cavalry and four colonels of Infantry to equalize inequalities in past promotions of officers of the line of the Army. See, also, paragraph 935a, ante, for authorization for trans- fer and promotion or transfer without promotion from one arm of the service to another, in order to lessen inequalities in promotion due to increase in num- ber of officers of line of the Army. ) 1074a. Composition of squadrons and troops. — Each squadron shall consist of one major, one first lieutenant (squadron adjutant), and four troops. Each troop in squadron shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, one stable sergeant, five sergeants, eight corporals, two cooks, two horseshoers, one saddler, two buglers, ten privates (first class), and thirty-six privates.^ Id. (For authorization for 1,000 additional sergeants for detail from the Infnntry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with corresponding organi- zations of the National Guard, to assist in the instruction of its personnel and the care of property ; and the similar detail of 100 additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1382a.) 1074b. Composition of headquarters troops, — Each headquarters troop shall consist of one captain (regimental adjutant), one regi- mental sergeant majon, three squadron sergeants major, one first sergeant (drum major), two color sergeants, one mess sergeant, one supply sergeant, one stable sergeant, one sergeant, two cooks, one horseshoer, one saddler, two privates (first class) , and nine privates, one band leader, one assistant band leader, one sergeant bugler, two band sergeants, four band corporals, two musicians (first class), four musicians (second class), and thirteen musicians (third class). 2 Id. 1074c. Composition of machine-gun troops. — Each machine-gun troop shall consist of one captain, one first lieutenant, two second ^ Held, that the national-defense act by not including farriers in the composi- tion prescribed for Cavalry units abolished that grade with the result that en- listed men holding the grade of farrier reverted to the grade of private and will continue to serve as such unless they are appointed to some grade authorized by the national-defense act. (War Dept. Bull. 34, Sept. 12, 1916.) ^Held, that service of a commissioned officer in command of such a head- quarters company or troop constitutes service " with a troop, battery, or com- pany," within the purview of the detached-service act of 1912. (War Dept. Bull. 39, Oct. 6, 1916.) MILITARY LAWS OF THE UNITED STATES. 781 lieutenants, one first sergeant, one mess sergeant, one supply sergeant, one stable sergeant, two horseshoers, five sergeants, six corporals, two cooks, one mechanic, one saddler, two buglers, twelve privates (first class) , and thirty-five privates. Id. 1074d. Composition of supply troops. — Each supply troop shall consist of one captain (regimental supply officer), two second lieu- tenants, three regimental supply sergeants, one first sergeantj.one mess sergeant, one stable sergeant, one corporal, one cook, one horse- shoer, one saddler, and one wagoner for each authorized wagon of the field and combat train. Id. 179. (For the next ensuing provision of this section see paragraph 1075a.) 1074e. C OTYumissioned oncers for troop organizations to he assigned from officers authorized. — The commissioned officers required for the Cavalry headquarters, supply, and machine-gun troops, and for the troops organized into squadrons, shall be assigned from those herein- before authorized. Id. (For the provision of tliis section immediately preceding tliis paragraph see 1075a.) 1075a. Increase of noncommissioned officers and privates. — The President may, in his discretion, increase each troop of Cavalry by ten privates (first class) and twenty -five privates; the headquarters troop by two sergeants, five corporals, one horseshoer, five privates (first class), and eighteen privates; each machine-gun troop by three sergeants, two corporals, one mechanic, one private (first class), and fourteen privates; each supply troop by one corporal, one cook, one saddler, and one horseshoer. Id. (For the provision of this section immediately preceding this paragraph see paragraph 1074d, and for tlie ensuing provision see paragraph 1074e.) 1083a. Suhscriptions for newspapers and periodicals under Chief of Coast Artillery. — Section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign and professional newspapers and periodicals to be paid for from this appropriation. Act of Mar. 4, 1915 {38 Stat. 1063.) 1084a. Officers retired before separation of Field and Coast Artil- lery to he regarded as having helonged to Field Artillery .—In de- termining the rights of officers in the last proviso of section twenty- four^ of said national-defense Act, officers retired before the sep- aration of the Field Artillery from the Coast Artillery shall be regarded as having belonged to the Field Artillery. Act of Aug. 29, 1916 {39 Stat. 623). (For provisions of this chapter relating to the Field Artillery see paragraph 1090a-1091f.) ^ See paragraph 958f for the provision referred to. 782 MILITARY LAWS OF THE UNITED STATES. CX)AST ARTILLERY CORPS. 1086a. Composition of. — The Coast Artillery Corps shall consist of one Chief of Coast Artillery, with the rank of brigadier gen- eral; twenty-four colonels; twenty-four lieutenant colonels; seventy- two majors; three hundred and sixty captains; three hundred and sixty first lieutenants; three hundred and sixty second lieutenants; thirty-one sergeants major, senior grade; sixty-four sergeants major, junior grade; forty-one master electricians; seventy-two engineers; ninety-nine electrician sergeants, first class; two hundred and se\'enty-five assistant engineers; ninety-nine electrician sergeants, second class; one hundred and six firemen; ninety-three radio sergeants; sixty-two master gunners; two hundred and sixty-three first sergeants; two hundred and sixty-three supply sergeants; two hundred and sixty-three mess sergeants; two thousand one hun- dred and four sergeants ; three thousand one hundred and fifty- six corporals; five hundred and twenty-six cooks; five hundred and twenty-six mechanics; five hundred and twenty-six buglei*s; five thousand two hundred and twenty-five privates, first class; fifteen thousand six hundred and seventy-five privates ; and eighteen bands, organized as hereinbefore provided for the Engineer Band.^ Sec. W, Act of June 3, 1916 {89 Stat. 180). (For authorization for 1,000 additional sergeants for detail from the In- fantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with correspond- ing organizations of the National Guard, to assist in the instruction of its personnel and the care of property ; and the similar detail of 100 additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1332a.) 1086b. Same — Composition and nurrhber of rated men; pay of cox- swains. — The rated men of the Coast Artillery Corps shall consist of casemate electricians ; observers, first class ; plotters ; chief plant- ers; coxswains; chief loaders; observers, second class; gun com- manders and gun pointers. The total number of rated men shall not exceed one thousand seven hundred and eighty-four. Coxswains shall receive $9 per month in addition to the pay of their grade. Id. 1086c. CMef of Coast ArtUlery to have rank of major general. — Hereafter the Chief of Coast Artillery shall have the rank, pay, and allowances of a major general. Act of July 6, 1916 {39 Stat. 34^). *For composition of the Engineer Band see paragraph 792, ante. Held, that the effect of the provision quoted from section 28 is only to prevent the reduction in the pay of grades and has no application where a grade is abolished and a new grade created in lieu thereof, as in the present case, and that, therefore, the band corporal who was reduced from a principal musician, could not, while he held the position of band corporal, receive more as base pay than that prescribed by the statute for that grade. • (War Dept. Bull. 39, Oct. 6, 1916.) MILITARY LAWS OF THE UNITED STATES. 783 FIELD ARTILLERY. 1090a. CoTYiposition and organization of. — The Field Artillery, in- cluding mountain artillery, light artillery, horse artillery, heavy artillery (field and siege types), shall consist of one hundred and twenty-six gun or howitzer batteries organized into twenty-one regi- ments. Sec. 19, Act of June S, 1916 {39 Stat. 179) . (For provision that certain officers retired before the separation of the Field Artillery from the Coast Artillery shall be regarded as having belonged to the Field Artillery in determining their rights, see paragraph 1084a, ante.) 1090b. Organization of armnunition and depot batteries and bat- talions and artillery pojrks in time of actual or threatened hostili- ties. — In time of actual or threatened hostilities the President is authorized to organize such number of ammunition batteries and battalions, depot batteries and battalions, and such artillery parks, with such number and grades of personnel and such organizations as he may deem necessary. The officers necessary for such organiza- tion shall be supplied from the Officers' Reserve Corps provided by this Act and by temporary appointment, as authorized by section eight of the Act of Congress approved April twenty-fifth, nineteen hundred and fourteen.^ The enlisted men necessary for such organ- izations shall be supplied from the Regular Army Reserve provided by this Act or from the Regular Army. Id. 1090c. Composition of regiment. — Each regiment of Field Artil- lery shall consist of one colonel, one lieutenant colonel, one captain, one headquarters company, one supply company, and such number of gun and howitzer battalions as the President may direct. Nothing shall prevent the assembling, in the same regiment, of gun and how- itzer battalions of different calibers and classes. Id. 1091a. Composition of gun or howitzer battery. — Each gun or howitzer battery shall consist of one captain, two first lieutenants, two second lieutenants, one first sergeant, one supply sergeant, one stable sergeant, one mess sergeant, six sergeants, thirteen corporals, one chief mechanic, one saddler, tAvo horseshoers, one mechanic, two buglers, three cooks, twenty-two privates (first class), and seventy- one privates. Id. (For authorization for 1,000 additional sergeants for detail from the Infantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with corresponding or- ganizations of the National Guard, to assist in the instruction of its personnel and the care of property ; and the similar detail of 100 additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1332a.) 1091b. Same — Pachmaster^ assistant, and cargador for mountain battery in absence of enlisted men of Quxirte'rmaster Corps for such ^ See chapter entitled " Volunteers," paragraph 1389, or 38 Stat, 349. 784 MILITARY LAWS OF THE UNITED STATES. positions. — When no enlisted men of the Quartermaster Corps are attached for such positions there shall be added to each battery of mountain artillery one packmaster (sergeant, first class), one assist- ant packmaster (sergeant), and .one cargador (corporal).^ Id, 1091c. Composition of headquarters company in regiment of two 'battalions. — Each headquarters company of a regiment of two bat- talions shall consist of one captain, one first lieutenant, one regimen- tal sergeant major, two battalion sergeants major, one first sergeant, two color sergeants, one mess sergeant, one supply sergeant, one stable sergeant, two sergeants, nine corporals, one horseshoer, one saddler, one mechanic, three buglers, two cooks, five privates (first class), fifteen privates, one band leader, one assistant band leader, one sergeant bugler, two band sergeants, four band corporals, two musicians (first class), four musicians (second class), and thirteen musicians (third class). ^ Id. 109 Id. Same — Regiment of three battalions. — When a regiment consists of three battalions there shall be added to the head- quarters company one battalion sergeant major, one sergeant, three corporals, one bugler, one private (first class), and five privates. When no enlisted men of the Quartermaster Corps are attached for such positions, there shall be added to each mountain artillery head- quarters company one packmaster (sergeant, first class), one assist- ant packmaster (sergeant), and one cargador (corporal). ^ Id. 109 le. Composition of supply company in regiment of tvw bat- talions. — Each supply company of a regiment of two battalions shall consist of one captain, one first lieutenant, two regimental supply sergeants, one first sergeant, one mess sergeant, one corporal, one ^ Held, that it is clearly the intent of the statute that said rates in the Quartermaster Corps shall apply to enlisted men occupying the positions of packmaster, a:ssistant packmaster, and cargador, respectively, whether the men are assigned from the Quartermaster Corps or are " added " as provided by the act. (War Dept. Bull. 28, Aug. 18, 1916.) ^Held, that service of a commissioned officer in command of such a head- quarters company or troop constitutes service " with a troop, battery, or com- pany," within the purview of the detached-service act of 1912. (War Dept. Bull. 39, Oct. 6, 1916.) The question was presented whether a regimental adjutant of Field Artillery is to be deemed present for duty with a troop, battery, or company, within the meaning of the detached-service act of Aug. 24, 1912. Held, as follows: As to a regiment of Infantry, it has been held that the adjutant thereof is on duty " with a troop, battery, or company " within the purview of the detached-service law, because he is in command of the head- quarters company. (Bull. 39, W. D., 1916, p. 12.) While the national-defense act provides that a regimental adjutant of Infantry or Cavalry shall com- mand the headquarters company or headquarters troop, as the case may be, this is not so as to the adjutant of a Field Artillery regiment. He does not command the headquarters company, the supply company, nor any battery in the regiment, other captains having been provided as component parts of those organizations for that purpose. (Sec. 19, national-defense act.) A regimental adjutant of Field Artillery is, therefore, an additional officer, and he is not, so long as he occupies his normal status as adjutant, on duty with a troop, battery, or company, within the meaning of the detached-service act of 1912. (War Dept. Bull. 3, Jan. 19, 1917.) MILITARY LAWS OF THE UNITED STATES. 785 cook, one horseshoer, one saddler, two privates, and one wagoner for each authorized wagon of the field train. Id. 180. lO&lf. Same — Regiment of three hattalions. — When a regiment consists of three battalions there shall be added to the supply com- pany one second lieutenant, one regimental supply sergeant, one pri- vate, and one wagoner for each additional authorized wagon of the field train. Id. __ 1091g. Composition of gun or howitzer battalions. — Each gun or howitzer battalion shall consist of one major, one captain, and bat- teries as follows: Mountain artillery battalions and light artillery gun or howitzer battalions serving with the field artillery of Infan- try divisions shall contain three batteries ; horse artillery battalions and heavy field artillery gun or howitzer battalions shall contain two batteries. Id. 1091h. Increase of noncommissioned officers and privates for head- guarters and supply coTmpanies of regimients of two and three 'bat- talions. — ^The President may, in his discretion, increase the head- quarters company of a regiment of two battalions by two sergeants, fvN^ corporals, one horseshoer, one mechanic, one private (first class), and six privates; the headquarters company of a regiment of three battalions by one sergeant, seven corporals, one horseshoer, one mechanic, two cooks, two privates (first class), and seven privates; the supply company of a regiment of two battalions by one corporal, one cook, one horseshoer, and one saddler ; the supply company for a regiment of three battalions by one corporal, one cook, one horse- shoer, and one saddler ; a gun or howitzer battery by three sergeants, seven corporals, one horseshoer, two mechanics, one bugler, thirteen privates (first class), and thirty-seven privates. Id. INFANTRY. 1095a. Composition and organization of regiment. — Each regiment of Infantry shall consist of one colonel, one lieutenant colonel, three majors, fifteen captains, sixteen first lieutenants, fifteen second lieu- tenants, one headquarters company, one machine-gun company, one supply company, and twelve Infantry companies organized into three battalions of four companies each. Sec. 17^ act of J woe «?, 1916 (39 Stat. 177). (See paragraph 929i, ante, for increase of 17 colonels of Cavalry and 4 colonels of Infantry to equalize inequalities in past promotions of officers of the line of the Army. See also paragraph 935a, ante, for authorization for transfer and promotion or transfer without promotion from one arm of the service to another, in order to lessen inequalities in promotion due to increase in number of officers of line of the Army.) 1095b. Composition of battalion and company. — ^Each battalion shall consist of one major, one first lieutenant, mounted (battalion 92061°— 17 50 786 MILITARY LAWS OF THE UNITED STATES. adjutant), and four companies. Each Infantry company in bat- talion shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one mess sergeant, one supply sergeant, six sergeants, eleven corporals, two cooks, two buglers, one mechanic, nineteen privates (first class), and fifty-six privates. Id, 178, (For authorization for 1,000 additional sergeants for detail from the In- fantry, Cavalry, Field Artillery, Corps of Engineers, Coast Artillery Corps, Medical Department, and Signal Corps of the Regular Army, with correspond- ing organizations of the National Guard, to assist in the instruction of its personnel and the care of property; and the similar detail of 100 additional sergeants with the disciplinary organizations at the United States Disciplinary Barracks, see paragraph 1332a.) 1097a. Composition of headquarters company. — Each Infantry headquarters company shall consist of one captain, mounted (regi- mental adjutant); one regimental sergeant major, mounted; three battalion sergeants major, mounted; one first sergeant (drum major) ; two color sergeants; one mess sergeant; one supply sergeant; one stable sergeant ; one sergeant ; two cooks ; one horseshoer ; one band leader; one assistant band leader; one sergeant bugler; two band ser- geants; four band corporals; two m/usicians, first class; four musi- cians, second class; thirteen musicians, third class; four privates, first class, mounted ; and twelve privates, mounted.^ Id. 1097b. Composition of machine-gun company. — Each Infantry ma- chine-gun company shall consist of one captain, mounted; one first lieutenant, mounted ; two second lieutenants, mounted ; one first ser- geant, mounted; one mess sergeant; one supply sergeant, mounted; one stable sergeant, mounted; one horseshoer; five sergeants; six corporals; two cooks; two buglers; one mechanic; eight privates, first class; and twenty-four privates. Id, 1097c. Composition of supply coTnpany. — Each Infantry supply company shall consist of one captain, miounted ; one second lieutenant, mounted; three regimental supply sergeants, mounted; one first ser- geant, mounted ; one mess sergeant ; one stable sergeant ; one corporal, mounted; one cook; one saddler; one horseshoer; and one wagoner for each authorized wagon of the field and combat train. Id, (For the ensuing provision of this section see paragraph 1098a.) 1097d. C armnissioned officers for cornpany organizations to he as- signed from officers authorized. — The commissioned officers required for the Infantry headquarters, supply, and machine-gun companies and for the companies organized into battalions shall be assigned from those hereinbefore authorized. Id. (For the provision of this section immediately preceding this paragraph see paragraph 1098a.) ^ Held, that service of a commissioned officer in command of such a head- quarters company or troop constitutes service " with a troop, battery, or com- pany," within the purview of the detached-service act of 1912. (War Dept. Bull. 39, Oct. 6, 1916.) MILITARY LAWS OF THE UNITED STATES. 787 1098a. Increase in noncommissioned officers and privates in com- j panies of. — The President may in his discretion increase a company of Infantry b}^ two sergeants, six corporals, one cook, one mechanic, nine privates (first class), and thirty-one privates; an Infantry machine-gun company by two sergeants, two corporals, one machanic, four privates (first class), and twelve privates. Id. (For the provision of tliis section immediately preceding tliis paragraph see paragraph 1097c, and for ensuing provision see paragrapli 1097d.) 1099a. Infantry hand organization at reeindting depots. — Here- after one of the companies at each recruiting depot shall have the organization of an Infantry band, to which recruits showing an ap- titude for music may be attached for examination and instruction before assignment to organizations in the Army. Act of Mar. 3, 1909 {35 Stat. lltB). CHAPTER XXVIII. THE UNITED STATES MILITAKY ACADEMY— THE ARMY WAR COLLEGE— THE SERVICE SCHOOLS. Par. The Military Academy 1106a-1179a Existing laws relating to the Military Academy, officers and enlisted men on retired list, detached and additional offi- cers, etc 1106a Vacancies, how filled 1108a Officer of Army holding position of professor, with certain service, to have rank, pay, • etc., of colonel 1108b Assignment of assistant pro- fessor to department of law 1116a Pay and allowances of associ- ate professor of mathematics ; detail of from officers of Army 1117a Rank, pay, and allowances of professor who has served not less than 33 years in the Army, one-third of which has been at the Military Acad- emy 1125a Custodian of gymnasium to act as trainer of athletic team 1131a Detail of commissary-sergeant- 1136a Retirement of present manager ^ of cadet store, pay of 1136b Corps of Cadets 1139a-1143a Number and appointment, in- cluding appointments from honor graduates of colleges- _ 1139a f^ame — Appointment of 180 from enlisted men of Regular Army and the National Guard 1139b Same — Appointments authorized to be divided into four annual increments 1139c Par. Appointment of board of offi- cers to report upon needs as to buildings to accommodate increased Corps of Cadets 1139d Admission of successor after three years' course 1141a Same — Repealed, but appoint- ment of each member of pres- ent Corps validated 1141b Appointment from the Philip- pines 1143a Supplies, technical and scien- tific, for departments of in- struction, purchase of, by con- tract or otherwise in discre- tion of Secretary of War 1158a Deficient cadets 1162a-1162e Second examination where de- ficient in one subject 1162a Same — Applicable to former cadets who failed in not more than two subjects during cur- rent year 1162b Same — Not to be given more than one reexamination 1162c Honorably discharged eligible for appointment as second lieutenant under national-de- fense act 1162d Not eligible for appointment in Marine Corps until after graduation of his class 1162e Board of visitors 1174a Compensation of visitors 1174b Extra pay for overseer of water- works 1176a Rank and pay of enlisted man at headquarters, Corps of Cadets 1176b 789 790 MILITARY LAWS OF THE UNIl^D STATES. Par. Subscriptions for newspapers and periodicals for 1178a Wliarfage dues to be cliarged— 1178b Settlement of accounts between (►ther bureaus of War Depart- ment, etc., and Military Acad- emy 1179a Par. Translator for the Army Serv- ice Schools 1183a Assignment of second lieuten- ants in Field Artillery to bat- teries at School of Fire for Field Artillery for practical instruction 1183b THE MILITARY ACADEMY. 1106a. Existing laws relating to the Military Academy^ officers and enlisted men on retired list^ detached and additional officers^ etc. — All existing laws pertaining to or affecting the United States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the officers and enlisted men on the retired list, the detached and additional officers under the Act of Congress ap- proved March third, nineteen hundred and eleven, recruiting parties, recruit depots and unassigned recruits, service school detachments, United States disciplinary barracks guards, disciplinary organiza- tions, the Philippine Scouts, and Indian scouts shall continue and remain in force except as herein specifically provided otherwise. Sec. m\ Act of June -5, 1916 {39 Stat. 181). 1108a. Vacancies^ hoiu filed. — The President of the United States be authorized to fill any vacancy occurring at said academy by reason of death, or other cause, of any person appointed by him. Act of Mar. 3, 1875 {18 Stat. 1^67) . 1108b. Offcer of Army holding position of professor, with certain service, to have rank.^ p^f^y-, ^tc, of colonel. — Any officer of the United States Army now^ holding the position of permanent professor at the United States Military Academy who on July first, nineteen hundred and fourteen, should have served not less than thirty-three years in the Army, one-third of which service shall have been as professor and instructor at the Military Academy, shall on that date have the rank, pay, and allowances of a colonel in the Army. Act of Aug. P, 1912 {37 Stat. 26 Ji.). 1116a. Assignment of assistant professor to department of laws. — • Hereafter there nlay be assigned to the department of law one assist- ant professor. Act of Jan. 16, 1895 {28 Stat. 630) . 1117a. Pay and allowances of associate professor of mathematics; detail of from off.cers of Army. — Hereafter the associate professor of mathematics shall have pay and allowances of a major, and the position shall be filled by the detail of an officer from the Army at large. Act of Mar. 3, 1905 {33 Stat. 850) . 1125a. Rank, pay, and allowances of professor who has served not less than thirty-three years in the Army, one-third of which has been at the MiMtary Academy, — Any officer of the United States Army MILITARY LAWS OF THE UNITED STATES. 791 now holding the position of permanent professor at the United States Military Academy who on July first, nineteen hundred and sixteen, should have served not less than thirty-three years in the Army, one- third of which service shall have been as professor and instructor at the Military Academy, shall on that date have the rank, pay, and allowances of a colonel in the Army. Act of Aug. 11, 1916 {39 Stat, hOS). ^ ' ^ _ _ ^ 1131a. Custodian of gymnasiuTn to act a^ trainer of athletic teams. — For pay of one custodian of gymnasium, who shall hereafter be selected and appointed by the Superintendent of the Military Academy under Schedule A, classified positions excepted from exami- nation under rule two, clause three, civil-service rules, who shall be qualified to act as trainer for the various cadet athletic teams, one thousand two hundred dollars. Act of Mar. S, 1911 {36 Stat., 1019). 1136a. Detail of coTmmssary sergeant. — The Secretary of War is hereby authorized to detail a commissary-sergeant to act as assistant to the commissary of cadets. Act of June 30, 1882 {22 Stat. 123) . 1136b. Retirement of present manager of cadet store, fay of. — The present manager of the cadet store shall, on his own application, after forty years' service as clerk, superintendent, and manager of said store, be entitled to be placed on the retired list of the Army with the pay of a retired pay clerk. Quartermaster Corps, of the same period of service. Act of Aug. 11, 1916 {39 Stat. 493) . CORPS or CADETS. 1139a. Number and appointment, including appointments from honor graduates of colleges.— The Corps of Cadets at the United States Military Academy shall hereafter consist of two for each congressional district, two from each Territory, four from the Dis- trict of Columbia, two from natives of Porto Rico, four from each State at large, and eighty from the United States at large, twenty of whom shall be selected from among the honor graduates of educa- tional institutions having officers of the Regidar Army detailed as professors of military science and tactics under existing law or any law hereafter enacted for the detail of officers of the Regular Army to such institutions, and which institutions are designated as "honor schools " upon the determination of their relative standing at the last preceding annual inspection regularly made by the War Department. They shall be appointed by the President and shall, with the excep- tion of the eighty appointed from the United States at large, be actual residents of the congressional or Territorial district, or of the District of Columbia, or of the island of Porto Rico, or of the States, respectively, from which they purport to be appointed. Sec. 1, Act of May i, 1916 {39 Stat. 62). (For the ensuing provision of this section see paragraph 1141b.) 792 MILITARY LAWS OF THE UNITED STATES. 1139b. Same — Appointment of one hundred and eighty from en- listed men of Regular Army and the National Guard. — The President is hereby authorized to appoint cadets to the United States Military Academy from among enlisted men in number as nearly equal as practicable of the Regular Army and the National Guard between the ages of nineteen and twenty-two years who have served as en- listed men not less than one year, to be selected under such regulations as the President may prescribe : Provided^ That the total number so selected shall not exceed one hundred and eighty at any one time/ Sec. 2, id. 1139c. Same — Appointments authorized to he divided into four annual increments. — ^Under such regulations as the President shall prescribe, the increase in the number of cadets provided for by this Act shall be divided into four annual increments, which shall be as nearly equal as practicable and be equitably distributed among the sources from which appointments are authorized. Sec. 3, id. 1139d. Appoi/ntTnent of board of officers to report upon needs as to buildings, to accormnodate increased Corps of Cadets. — The Secre- tary of War is authorized and directed to appoint three officers of the Army, whose duty it shall be to investigate and to make report to Congress on the first Monday in December, nineteen hundred and sixteen, what is necessary to be done in the way of buildings and other improvements to accommodate and care for the increased Corps of Cadets, as provided by the Act of May fourth, nineteen hundred and sixteen, together with the probable cost thereof. Act of Aug. 11^ 1916 {39 Stat. 603). 1141a. Admission of successor after three years'^ course. — ^Until the apportionment under the Fourteenth Census of the United States becomes effective, whenever any cadet shall have finished three years of his course at the academy his successor may be admitted. Act of Mar. 4, 1915 {38 Stat. 1128) . 1141b. Samie — Repealed ^ hut appointment of each member of pres- ent corps validated. — So much of the Act of Congress approved March fourth, nineteen hundred and fifteen (Thirty-eighth Statutes at Large, page eleven hundred and twenty-eight), as provides for the admission of a successor to any cadet who shall have finished three years of his course at the academy be, and the same is hereby, re- pealed : Provided further., That the appointment of each member of the present Corps of Cadets is validated and confirmed. Sec. i, Act of May 4, 1916 {39 Stal. 62). (For the preceding provision of this section see par. 1139a.) ^Held, that the statute contemplates a year's service in one or the other of the forces named, and that service as an enlisted man in the Navy could not be counted for the purposes of the act. Held, that to satisfy the requirements of the statute the prior service nnist have been rendered in that branch from which the application is made. (War Dept. Bull. 9, Feb. 2, 1917.) MILITAEY LAWS OF THE UNITED STATES. 793 1143a. Appointment from the Philippines. — The four Filipino cadets authorized by the Act of May twenty-eighth, nineteen hundred and eight, to be designated by the Philippine Commission to receive instructions at the United States Military Academy, shall hereafter be designated by the Governor General of the Philippine Islands. Act of Aug. 11, 1916 {39 Stat. 493). 1158a. Supplies, technical and scientific, for departments (For the provisions of tliis section preceding this paragrapli see paragraphs 1358a, and 1358b.) 1354b. SaTne — Purchase of stores, supplies, material of war, and militari/ publications. — Any State, Territory, or the District of Co- lumbia may, with the approval of the Secretary of War, purchase for cash from the War Department for the use of the National Guard, inchiding the officers thereof, any stores, supplies, material of war, and military publications furnished to the Army, in addi- tion to those issued under the provisions of this iVct, at the price at which they shall be listed to the Army, Avith cost of transportation added. The funds received from such sale shall be credited to the appropriation to which they shall belong, shall not be covered into the Treasury, and shall be available until expended to replace there- with the supplies sold to the States in the manner herein authorized. Sec. 86, id. (For the ensuing provision of this section see paragraph 1366a.) 1355a. Secretary of War to submit annual estimates of amount necessary for. — The Secretary of War shall cause to be estimated annually the amount necessary for carrying out the provisions of so much of this Act as relates to the militia, and no money shall be expended under said provisions except as shall from time to time be appropriated for carrying them out. Sec. 119, id. 213. 1355b. Appropriation for arms, equipm^ent, stores, supplies, etc., and such other expenses as may he authorized hy law. — For protid- ing arms, ordnance stores, quartermaster stores, camp equipage, and all other military supplies for issue to the National Guard; for the promotion of rifle practice, including the acquisition, construc- tion, maintenance and equipment of shooting galleries and suitable target ranges; for the hire of horses and draft animals for the use of mounted troops, batteries, and wagons ; for forage for the same ; and for such other incidental expenses in connection with lawfully authorized encampments, maneuvers, and field instruction as the Secretary of War may deem necessary ; and for such other expenses pertaining to the National Guard as are now or may hereafter be authorized by law, $1,000,000. Act of Aug. 29, 1916 {39 Stat. 6^6). 1355c. Appropriation for arms, uniform, equipment, etc., for Na- tional Guard. — To procure by purchase or^ manufacture and issue from time to time to the National Guard upon requisition of the governors of the several States and Territories, or the commanding general. National Guard of the District of Columbia, such number of United States service arms with all accessories. Field Artillery and Coast Artillery material, engineer, signal, and sanitary material, 840 MILITARY LAWS OF THE UNITED STATES. accoiiterments, field uniforms, clothing, equipage, publications, and military stores of all kinds, including public animals, as are neces- sary to arm, uniform, and equip for field service the National Guard in the several States, Territories, and the District of Columbia.^ Id. 6lf7. 1355d. Same — Available for material and equifment for instruct tion of members of National Guard at Aviation School. — Of the sum herein appropriated, $76,000, or so much thereof as may be required, may, in the discretion of the Secretary of War, be made available for the purchase and maintenance of material and equip- ment necessary for the proper instruction in military aviation of such officers and enlisted men of the National Guard as may be authorized by the War Department to attend the United States Aviation School. Id. 1355e. All motley appropriated for a.rming., equipping.^ and training the National Guard to constitute one fund. — All the money herein- before appropriated for arming, equipping, and training the Na- tional Guard shall be disbursed and accounted for as such, and for that purpose shall constitute one fund. Id. 1356a. Annual inspection by an inspector general as to property, organisation, personnel, equipment, etc. — The Secretary of War shall cause an inspection to be made at least once each year by inspec- tors general and if necessary by other officers of the Regular Army detailed by him for that purpose to determine whether the amount and condition of the property in the hands of the National Guard is satisfactory; whether the National Guard is organized as herein- before pres^cribed; whether the officers and enlisted men possess the phj^sical and other qualifications prescribed; whether the organi- zation and the officers and enlisted men thereof are sufficiently armed, uniformed, equipped, and being trained and instructed for active duty in the field or coast defense, and Avhether the records are being kept in accordance with the requirements of this Act. Sec. 93, Act of June 3, 1916 {39 Stat. 206). 1358b. Same — Report to serve as basis for issue and retention of military property and for determimng lohat organizations, etc., constitute part of National Guard. — The reports of such inspections shall serve as the basis for deciding as to the issue to and retention by the National Guard of the military property provided for by this Act, and for determining what organizations and individuals shall be considered as constitutiiig parts of the National Guard within the meaning of this Act. Id. 1358a. Cost of ordnance issued to militia to be credited to appro- pmation. — Hereafter the cost to the Ordnance Department of all ordnance and ordnance stores issued to the States, Territories, and ^The total appropriation uutliorized in paragraph 1355c is $2,000,000. MILITARY LAWS OP THE UNITED STATES. 841 District of Columbia, under the Act of February twelfth, eighteen hundred and eighty-seven,^ shall be credited to the appropriation for '' manufacture of arms at national armories," and used to procure like ordnance stores, and that said appropriation shall be available until exhausted, not exceeding two years. Act of June 13^ 1890 {26 mat, 156) r 1358b. Sitpply of arms and equipinent. — The Secretary of War is Iiereby authorized to procure, under such regulations as the l^resi- dent may prescribe, by purchase or manufacture, within the limits of available appropriations made by Congress, and to issue from time to time to the National Guard, upon requisition of the governors of the Several States and Territories or the commanding general of the National Guard of the District of Columbia, such number of United States service arms, with all accessories. Field Artillery materiel. Engineer, Coast Artillery, signal and sanitary materiel, accouterments, field uniforms, clothing, equipage publications and military stores of all kinds, including public animals, as are necessary to arm, uniform, and equip for field service the National Guard in the several States, Territories, and the District of Columbia. Sec. 83, Act of June 3, 1916 {39 Stat, 203). 1358c. Same — Care and protection of. — As a condition precedent to the issue of any property as provided for by this Act, the State, Territory, or the District of Columbia desiring such issue shall make adequate provision, to the satisfaction of the Secretary of War, for the protection and care of such property. Id. 20J^. (For ensuing provision of this section see paragraph 1354a, ante.) 1359a. Xew property issued to replace obsolete or condemned prior issues. — Each State, Territory, and the District of Columbia shall, on the receipt of new property issued to replace obsolete or con- demned prior issues, turn in to the War Department or otherwise dispose of, in accordance with the directions of the Secretary of War, all property so replaced or condemned, and shall not receive any money credit therefor. Sec. 86, id. 1359b. Disposition and replacement of damaged or destroyed prop- erty. — All military property issued to the National Guard as herein provided shall remain the property of the United States. Whenever any such property issued to the National Guard in any State or Ter- ritory or the District of Columbia shall have been lost, damaged, or destroyed, or become unserviceable or unsuitable by use in service or from any other cause, it shall be examined by a disinterested survey- ing officer of the Regular Army or the National Guard, detailed by the Secretary of War, and the report of such surveying officer shall ^ The Act of Feb. 12, 1887 (24 Stat. 401), was an Act to amend section sixteen hundred and sixty-one of the Revised Statntes, making an annual appropria- tion to provide arms and equipment for the militia. 842 MILITARY LAWS OF THE UNITED STATES. be forwarded to the Secretary of War, or to such officer as he shall designate to receive such reports ; and if it shall appear to the Secre- tary of War from the record of survey that the property was lost, damaged, or destroyed through unavoidable causes, he is hereby authorized to relieve the State or Territory or the District of Colum- bia from further accountability therefor. If it shall appear that the loss, damage, or destruction of property was due to carelessness or neglect, or that its loss, damage, or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged to the accountable State, Territory, or Dis- trict of Columbia, to be paid from State, Territory, or District funds, or any funds other than Federal. If the articles so surveyed are found to be unserviceable or unsuitable, the Secretary of War shall direct what disposition, by sale or otherwise, shall be made of them ; and if sold, the proceeds of such sale, as well as stoppages against officers and enlisted men, and the net proceeds of collections made from any person or from any State, Territory, or District to reim- burse the Government for the loss, damage, or destruction of any property, shall be deposited in the Treasury of the United States as a credit to said State, Territory, or the District of Columbia, account- able for said property, and as a part of and in addition to that por- tion of its allotment set aside for the purchase of similar supplies, stores, or material of war. Bee. 87^ id. ' 1359c. Same — Penalty on failure of State or Territory to pay for lost or damaged property charged against it. — If any State, Terri- tory, or the District of Columbia shall neglect or refuse to pay, or to cause to be paid, the money equivalent of any loss, damage, or de- struction of property charged against such State, Territory, or the District of Columbia by the Secretary of War after survey by a dis- interested officer appointed as hereinbefore provided, the Secretary of War is hereby authorized to debar such State, Territory, or the District of Columbia from further participation in any and all ap- propriations for the National Guard until such payments shall have been made. Id. W5. 1359d. Same — Disposition 'of proceeds of sales of condermied stores not charged to State alloiments. — The net proceeds of the sale of condemned stores issued to the National Guard and not charged to State allotments shall be covered into the Treasury of the United States, as shall also stoppages against officers and enlisted men, and the net proceeds of collections made from any person to reimburse the Government for the loss, damage, or destruction of said property not charged against the State allotment issued for the use of the National Guard. Sec. 88, id. 1359e. Removal of accountaMlity for issued property lost or de- stroyed prior to December 31, 1911. — The Secretary of War is hereby MILITARY LAWS OP THE UNITED STATES. 843 authorized to relieve any State, Territory, or the District of Columbia from further accountability for all United States property issued thereto for the use of the Organized Militia thereof which the records of the War Department show to have been lost or destroyed prior to December thirty-first, nineteen hundred and eleven. Act of Aug. 29^ 1916 {39 Stat,6Jf6). 1361a. Arms, equipment, and uniform to he same as for Regular Army. — The National Guard of the United States shall, as Tar as practicable, be uniformed, armed, and equipped with the same type of uniforms, arms, and equipments as are or shall be provided for the Eegular Army. Sec. 82, Act of June 3, 1916 {39 Stat. 203). 1361b. Supplying and exchanging Infantry equipment, National Guard. — For the purpose of manufacturing, procuring, exchanging, and issuing model of nineteen hundred and ten equipment to the Infantry and other dismounted organizations of the National Guard of the several States, Territories, and the pistrict of Columbia : Pro- vided, That whenever in the opinion of the Secretary of War a suffi- cient number of Infantry equipment, model of nineteen hundred and ten, shall have been procured and shall be available for the pur- pose the Secretary of War is hereby authorized to issue on the requi- sition of the governors of the several States and Territories, or the commanding general of the District of Columbia National Guard, such numbers thereof as are required for equipping the National Guard in said States, Territories, and the District of Columbia, with- out charging the cost or value thereof or any expenses connected therewith against any allotments to said States, Territories, or the District of Columbia!^ Act of Aug. 29, 1916 {39 Stat. 6J^7). 1361c. Same — To remain the property of United States and he annually accounted for. — The equipment thus issued shall be re- ceipted for and shall remain the property of the United States and be annually accounted for by the governors of the several States, Territories, and the commanding general of the District of Columbia National Guard as now required by law, and that each State, Terri- tory, and the District of Columbia shall, upon receipt of new equip- ment, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor and without expense for transportation of Infantry equipment now in its posses- sion, the property of the United States, and replaced by articles of the model of nineteen hundred and ten equipment, $400,000. Id. 61^8. 1364a. Field Artillery, Organized Militia, horses for, care of same, etc. — For the purpose of this section the total number of horses shall not exceed thirty-two to any one battery or four to each battalion or regimental headquarters, and that such horses shall be used ex- clusively for Field Artillery purposes : And provided further, That the men to be so compensated, not to exceed five for each battery, 344' MILITARY LAWS OF THE UNITED STATES.- sliall be duly enlisted therein and shall be detailed by the battery commander under such regulations as the Secretary of War may pre- scribe, and shall be paid by the United States disbursing officer in each State provided for in the Act of January twenty-first, nineteen hundred and three, entitled, "An Act to promote the efficiency of the Militia, and for other purposes," as amended. Act of Mar. 4, 1915 (38 Stat. 1071), 1364b. Same — Horses to conform^ to standards for Regular Army and remain property of United States^ etc. — The funds appropriated by section sixteen hundred and sixty-one, Rca ised Statutes, and by the Act entitled " An Act to promote the efficiency of the militia, and for other purposes," approved May twenty-seventh, nineteen hundred and eight, as amended, shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of horses conforming to the Regular Army standards, said horses to remain the property of, the United States and to be for the sole continuous use of the Field Artillery of the Organized Militia. Id. 1364c. Same — Secretary of War may issue condemned Army horses to. — The Secretary of War may, under the provisions of this Act and such regulations as he may prescribe, issue to the Field Artil- lery organizations hereinbefore mentioned and without cost to the State condemned Army horses which are no longer fit for service but may still be suitable for purposes of instruction, the same to be sold as noAv provided by law when the latter purpose has been served. Id. 1072. 1364d. Field Artillery mateHal for Organised Militia^ accounting for. — For the purpose of procuring Field Artillery material for the Organized Militia of the several States, Territories, and the Dis- trict of Columbia, without cost to the said States, Territories, or the District of Columbia, but to remain the property of the United States and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regu- lations as he may prescribe, on the requisitions of the governors of the several States and Territories, or the commanding general of the Militia of the District of Columbia, to issue said Artillery material to the Organized Militia; and the sum of $1,000,000 is hereby appropriated and made immediately available and to remain available until the end of the fiscal year nineteen hundred and fif- teen for the procurement and issue of the articles constituting the same. Act of Mar. 2, 1913 {37 Stat. 721). 1364e. Same. — For the purpose of manufacturing Field Artillery material for the Organized Militia of the several States, Terri- tories, and the District of Columbia, without cost to the said States, Territories, or the District of Columbia, but to remain the property MILITARY LAWS OF THE UNITED STATES. 845 of the Ignited States and to be accounted for in the manner now prescribed by hiw, the Secretary of War is hereby authorized, under such regulations as he may prescribe, on the requisitions of the governors of the several States and Territories or the commanding general of the Militia of the District of Columbia, to issue said Artillery material to the Organized Militia; and the sum of $2,- 090,000 is hereby appropriated and made immediately available and to remain available until the end of the fiscal year nineteen hundred and seventeen, for the manufacture and issue of the articles consti- tuting the same. Provided^ That not more than $170,000 of this appropriation may be used for the purchase of Field Artiller}'- material. Act of Mar. ^, JOlo {38 Stat. 1083). 1364f. Field artillery material for the National Guard. — For the purpose of manufacturing field artillery material for the National Guard of the several States, Territories, and the District of Colum- bia, but to remain the property of the United States and to be ac- counted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regulations as he may pre- scribe, on the requisitions of the governors of the several States and Territories or the commanding general of the National Guard of the District of Columbia, to issue said artillery material to the National Guard ; and the sum of $10,000,000 is hereby appropriated and made immediately available and to remain available until the end of the fiscal year nineteen hundred and eighteen, for the manufacture and issue of the articles constituting the same: Provided^ That not more than $5,000,000 of this appropriation may be used for the purchase of field artillery material. Act of Aug. 29, 1916 {39 Stat. 6U)' 1364g. Field artillery ammunition for the Organized Militia. — For the purpose of manufacturing reserve ammunition for Field Artillery for the Organized Militia for the several States, Terri- tories, and the District of Columbia, the funds to be immediately available and to remain available until the end of the fiscal year ending June thirtieth, nineteen hundred and seventeen, $2,900,000. Provided., That not more than $100,000 of this appropriation may be used in the purchase of field artillery reserve ammunitions. Act of Mar. i, 1915 {38 Stat. 1083). 1364h. Ammunition for Field Artillery for the National Guard. — For the purpose of manufacturing reserve ammunition for Field Artillery for the National Guard of the several States, Territories, and the District of Columbia, the funds to be immediately available, and to remain available until the end of the fiscal year ending June thirtieth, nineteen hundred and eighteen, $10,000,000. 346 MILITARY LAWS OF THE UNITED STATES. Provided, That not more than $5,000,000 of this appropriation may be used in the purchase of field artillery reserve ammunition. Act of Aug. 29, 1916 {39 Stat. GU)- 13641. Funds allotted available for pwf'cTiase of horses for Field Artillery and Cavalry. — Funds allotted by the Secretary of War for the support of the National Guard shall be available for the pur- chase, under such regulations as the Secretary of War may pre- scribe, of horses conforming to the Kegular Army standards for the use of Field Artillery and Cavalry of the National Guard, said horses to remain the property of the United States and to be used solely for military purposes. Bee, 89, Act of Jime 3, 1916 {39 Stat. 205). 1364J. Same — Number to he issued to hattery or troop, or issuance of condemned Army Horses in lieu of purchase. — Horses so pur- chased may be issued not to exceed thirty-two to any one battery or troop, under such regulations as the Secretary of War may prescribe, and the Secretary of War is further authorized to issue, in lieu of purchase, for the use of such organizations, condemned Army horses which are no longer fit for service, but which may be suitable for the purposes of instruction, such horses to be sold as now provided by law when said purposes shall have been served. Id. 1364k. Same — Forage, bedding, shoeing, and care of, etc. — Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase and issue of forage, bed- ding, shoeing, and veterinary services, and supplies for the Govern- ment horses issued to any battery or troop, and for the compensation of competent help for the care of the material, animals, and equip- ment thereof, under such regulations as the Secretary of War may prescribe. Sec. 90, id. 13641. Same — Not to exceed five enlisted men for each hattery or troop to he detailed for care of. — The men to be compensated, not to exceed five for each battery or troop, shall be duly enlisted therein and shall be detailed by the battery or troop commander, under such regulations as the Secretary of War may prescribe, and shall be paid by the United States disbursing officer in each State, Territory, and the District of Columbia. Id. 1364m. Horses for Field Artillery, Cavalry, and^ other mounted, units of National Guard. — To provide for the purchase, under such regulations as the Secretary of War may prescribe, of horses con- forming to the Regular Army standards for the use of Field Artil- lery, Cavalry, signal companies, engineer companies, ambulance com- panies, and other mounted units of the National Guard, said horses to remain the property of the United States and to be used solely for military purposes. Horses so purchased may be issued not to MILITARY LAWS OF THE UNITED STATES. 847 exceed thirty-two to any one battery, troop, or company, or four to a battalion or regimental headquarters, under such regulations as the Secretary of War may prescribe. Act of Aug. 29, 1916 {39 Stat. 61^5) . 1364ii. C ompeTisation for care of material, animals, and equip- ment. — To provide for the compensation of competent help for the care of materiel, animals, and equipment thereof, under such regula- tions as the Secretary of War may prescribe: Provided, That tha men to be compensated, not to exceed five for each battery, l;r6op, or company, shall be duly enlisted therein and shall be detailed by the battery, troop, or company commander under such regulations as the Secretary of War may prescribe, and shall be paid by the United States disbursing officer in each State, Territory, and the District of Columbia. Id. 1365a. Supplying n^iv types of small arms or field guns. — Under such regulations as the President may prescribe, whenever a new type of equipment, small arm, or field gun shall have been issued to the National Guard of the several States, Territories, and the Dis- trict of Columbia, such equipment, small arms, and field guns, in- cluding all accessories, shall be furnished without charging the cost or value thereof or any expense connected therewith against the apropriaticms provided for the support of the National Guard. Sec. 84, Act of June 3, 1916 {39 Stat. 20 Ji). 1366a. Stores, supplies, and tnateriel of war purchased hy States and Territories may, in time of war, he requisitioned hy United States. — Stores, supplies, and materiel of war so purchased by a State, Territory, or the District of Columbia may, in time of actual or threatened war, be requisitioned by the United States for use in the military service thereof, and when so requisitioned by the United States and delivered credit for the ultimate return of such property in kind shall be allowed to such State, Territory^ or the District of Columbia. Sec. 86, id. [For the preceding provision of tliis section see paragraph 1354b.] 1367a. Militia Coast Artillery, equipment of armories. — Equip- ment of armories. — Equipment of Coast Artillery, armories. Organ- ized Militia. — Dummy guns and mortars, mounts for dummy guns and mortars, dummy ammunition, loading appliances, range and position finding equipment, aiming and laying devices, subcaliber tubes and mountings therefor, labor and material necessary to install dummy guns and mortars, and to provide appliances and devices for instructional purposes in armory buildings provided by States for Coast Artillery companies of the Organized Militia, to be immedi- ately available and to remain available until expended, * * *^ Act of Apr, 27, 19U {38 Stat. 360). 848 MILITABY LAWS OP THE UNITED STATES. 1372a. District of Colunihia^ lease of armory, etc.^ for. — The com- manding general of the Militia of the District of Columbia is author- ized to enter into a contract or contracts for the lease of an armory, stable, drill shed, and warehouse for Cavalry, Field Artillery, Signal Corps, and Hospital Corps troops in one building, or separately, for a period not to exceed five years^ renewable at the option of the said commanding general for an additional period of not exceeding five years, at an annual rental not to exceed $10,000. Act of Mar, 3, 1917 \Puh. No. 378, 39 Stat, — ). CHAPTER XXXII. VOLUNTEEES. Par. P;iy anb NEUTRALITY. 1469a. Withholding clearance from vessels violating^ during ex- istence of tear to which the United States is not a party, — From and after the passage of this resolution, and during the existence of a war to which the United States is not a party, and in order to prevent the neutrality of the United States from being violated by the use of its territory, its ports, or its territorial waters as the base of opera- tions for the armed forces of a belligerent, contrary to the obligations imposed by the law of nations, the treaties to which the United States is a part}^, or contrary to the statutes of the United States, the Presi- dent be, and he is hereby, authorized and empowered to direct the collectors of customs under the jurisclictinn of the United States to withhold clearance from any vessel, American or foreign, which he has reasonable cause to believe to be about to carry fuel, arms, ammu- nition, men, or supplies to any warship, or tender, or supply ship of a belligerent nation, in violation of the obligations of the United 853 854 MILITAEY LAWS OF THE UNITED STATES. States as a neutral nation. Joint resolution No. IJf^ Mar, Ji.^ 1915 {38 Stat. 1226). 1469b. Same — Penalty for vessels departing jurisdiction of United States tvithout clearance. — In case any such vessel shall depart or attempt to depart from the jurisdiction of the United States without clearance for any of the purposes above set forth, the owner or master or person or persons having charge or command of such vessel shall severally be liable to a fine of not less than $2,000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and, in addition, such vessel shall be forfeited to the United States. Id. 1469c. Restrictions on imjyortations from United States under laws of heUigerent^ penalty for. — Whenever during the existence of a war in which the United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that under the laws, regulations, or practices of any country, colony, or dependency contrary to the law and practice of nations, the importation into their own or any other country, dependency, or colony of any article the product of the soil or industry of the United States and not injurious to health or morals is prevented or restricted the President is author- ized and empowered to prohibit or restrict during the period such prohibition or restriction is in force, the importation into the United States of similar or other articles, products of such country, depend- ency, or colony as in his opinion the public interest may require ; and in such case he shall make proclamation stating the article or articles which are prohibited from importation into the United States ; and any person or persons w'ho shall import, or attempt to conspire to import, or be concerned in importing, such article or articles, into the United States contrary to the prohibition in such proclamation, shall be liable to a fine of not less than $2,000 nor more than $50,000, or to imprisonment not to exceed two years, or both, in the discretion of the court. The President may change, modify, revoke, or renew such proclamation in his discretion. Sec. 806., Act of Sept. 8, 1916 {39 Stat. 799). 1469d. Vessels under 'belligerent laws discriminating against citi- zens of United States^ penalty for. — ^Whenever, during the existence of a war in which the United States is not engaged, the President shall be satisfied that there is reasonable ground to believe that any vessel, American or foreign, is, on account of the law^s, regulations, or practices of a belligerent Government, making or giving any undue or unreasonable preference or advantage in any respect whatsoever to any particular person, company, firm, or corporation, or any par- ticular description of traffic in the United States or its possessions or to any citizens of the United States rasiding in neutral countries abroad, or is subjecting any particular person, company, firm, or corporation or any particular description of traffic in the United MILITARY LAWS OF THE UNITED STATES. 855 States or its possessions, or any citizens of the United States residing in neutral countries abroad to any undue or unreasonable prejudice, disadvantage, injury, or discrimination in regard to accepting, receiv- ing, transporting, or delivering, or refusing to accept, receive, trans- fer, or deliver any cargo, freight or passengers, or in any other respect whatsoever, he is hereby authorized and empowered to direct the detention of such vessels by withholding clearance or by_farmal notice forbidding departure, and to revoke, modify, or renew any such direction. Bee. 806^ id. 1469e. Restrietions under helligerent laws on commerce of Amer- ican ships or citizens., penalty for. — Whenever, during the existence of a war in which the United States is not engaged, the President shall be satisfied thafr there is reasonable ground to believe that under the laws, regulations, or practices of any belligerent country or Gov- ernment, American ships or American citizens are not accorded any of the facilities of commerce which the vessels or citizens of that belligerent country enjoy in the United States or its possessions, or are not accorded by such belligerent equal privileges or facilities of trade with vessels or citizens of any nationality other than that of such belligerent, the President is hereby authorized and empowered to withhold clearance from one or more vessels of such belligerent country until such belligerent shall restore to such American vessels and American citizens reciprocal liberty of commerce and equal facilities of trade ; or the President may direct that similar privileges and facilities, if any, enjoyed by vessels or citizens of such belligerent in the United States or its possessions be refused to vessels or citizens of such belligerent; and in such case he shall make proclamation of his direction, stating the facilities and privileges which shall be refused, and the belligerent to whose vessels or citizens they are to be refused, and thereafter the furnishing of such prohibited privi- leges and facilities to any vessel or citizen of the belligerent named in such proclamation shall be unlawful ; and he may change, modify, revoke, or renew such proclamation; and any person or persons who shall furnish or attempt to conspire to furnish or be concerned in furnishing or in the concealment of furnishing facilities or privileges to ships or persons contrary to the prohibition in such proclamation shall be liable to a fine of not less than $2,000 nor more than $50,000, or to imprisonment not to exceed two years, or both, in the discretion of the court. Id. 800. 1469f. Same — Penalty for vessels departing without clearance. — In case any vessel which is detained by virtue of this Act shall depart or attempt to depart from the jurisdiction of the United States without clearance or other lawful authority, the owner or master or person or persons having charge or command of such g56 MILITARY LAWS OF THE UNITED STATES. vessel shall be severally liable to a fine of not less than $2,000 nor more than $10,000, or to imprisonment not to exceed two years, or both, and in addition, such vessel shall be forfeited to the United States. Id. 1469g. Same — President authorized to use land or naval forces for enforcement of Act. — The President of the United States is hereby authorized and empowered to employ such part of the land or naval forces of the United States as shall be necessary to carry out the pur- pose of this Act. Id. 1472a. Same — President authorized to use land or naval forces to frerent violation. — The President of the United States be, and he is hereby, authorized and empowered to employ such part of the land or naval forces of the United States as ishall be necessary to carry out the purposes of this resolution. Joint resolution No. i^, Mar. 4, 1915 {38 Stat. 1226) . 1472b. Same — Extends to all land and water^ continental or in- sular, icithin jurisdiction of United States. — The provisions of this resolution shall be deemed to extend to all land and Avater, conti- nental or insular, within the jurisdiction of the United States. Id* 1227, MEXICO. 1475a. Employment of armed force in., hy President justified. — The President is justified in the employment of the armed forces of the United States to enforce his demand for unequivocal amends for certain affronts and indignities committed against the United States. Joint resolution No. 10, Apr. 22, 19U {38 Stat. 770). 1475b. Sam,e — Hostility to Mexican people disclaimed. — The United States disclaims any hostility to the Mexican people or any purpose to make war upon Mexico. Id, CHAPTER XXXV. PENSION LAWS. l*ar. Widows' pensions 1498a-1498M" Increase in rate of 1498a Restoration of v\'idow who was dropped on remarriage but has again become a widow, etc 1498b Same — Where pension after sec- ond or subsequent marriage accrued to lielpless or idotic child 1498c rar. Same — Extended to certain wid- ows who are barred under ex- isting law because of remar- riage, etc 1498d Pension to widows married pri- or to June 27, 1905 1498e Same — Where pension has been granted to helpless or idiotic children 1498f Restrictions as to fee of claim agents under provisions of act_ 1498g WIDOAVS PENSIONS. 1498a. Increase in rate of, — From and after the passage of this Act the rate of pension for a widow, no^v on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereinafter provided, who was the lawful wife of any officer or enlisted man in the Army, Navy, or Marine Corps of the United States, during the period of his services in the Civil War, shall be $20 per month, and the rate of pension for a widow of an officer or enlisted man of the Army, Navy, or Marine Corps of the United States who served in the Civil War, the AYar with Mexico, or the War of Eighteen hundred and twelve, now^ on the roll or hereafter to be placed on the pension roll and entitled to receive a less rate than hereafter provided, who has reached or shall hereafter reach the age of seventy j^ears shall be $20 per month; and nothing herein shall be construed to affect the existing allowance of $2 per month for each child under the age of sixteen years and for each helpless child ; and all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed: Provided^ however^ That this Act shall not be so construed as to reduce any pension under any Act, public or pri- vate. Sec. 1, Act of Sept. 8, 1916 {39 Stat 841) 1498b. Restoration of widow loho was dropped on remarriage hut fuiH af/ain become a widow^ etc. — Any widoAv of an officer or enlisted man who served in the Army, Navy, or Marine Corps of the United 857 358 MILITARY LAWS OF THE UNITED STATES. States during the Civil War Avliose name was placed or shall here- after be placed on the pension roll, under any existing law, and whose name has been or shall hereafter be dropped from said pen- sion roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced upon her own application and without fault on her part, shall be entitled to have her name again placed on the pension roll at the rate allowed by the law under which she was formerly pensioned, and the law or laws amendatory thereof, unless she be entitled to a greater rate of pension under the provisions of section one of this Act, such pension to commence from the date of filing her application in the Bureau of Pensions after the passage of this Act. Sec. 2, id. 8i5. 1498c. Same — Where pension after second or subsequent marriage accrued to tielfless or idiotic child. — Where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to renewal under this Act unless said help- less or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the renewal of pension to said widow payment of pension to said child or children shall cease. Id. 1498d. Sam^e — Extended to certain widows who were tarred under existing law because of remarriage^ etc. — The provisions of this A.Q.t shall be extended to those widows, otherwise entitled, whose husbands died of wounds, injuries, or disease incurred during the period of their military or naval service, but who were deprived of pension un- der the Act of March third, eighteen hundred and sixty-five, because of their failure to draw any pensions by reason of their remarriage, and to any person who was lawfully married to an officer or enlisted man, who served in the Army, Navy, or Marine Corps of the United States during the Civil War and was honorably discharged therefrom and has since deceased, and who, having remarried since his death is again a widow, or has been divorced from her last husband upon her own application without fault on her part and who, otherwise en- titled, was barred by reason of such remarriage from receiving pen- sion under any existing law. Id. 1498e. Pension to widovjs married prior to June twenty -seventh^ nineteen hundred and five. — Any widow, as described in section two of the Act approved April nineteenth, nineteen hundred and eight,^ who married the soldier or sailor prior to June twenty-seventh, nine- teen hundred and five, shall have title to pension under the provisions * Sec. 2 of Act referred to (35 Stat. 64), provides for a pension for widows of soldiers and sailors who served ninety days, etc., provided the widow shall have married the soldier or sailor prior to June 27, 1890. MILITARY LAWS OF THE UNITED STATES. 859 of said section of said iVct, to commence from the date of filing her application in the Bureau of Pensions after the passage of this Act. Sec. -5, id. 1498f. Same^ — Where pension has heen granted to helpless or idiotic children. — Where a pension has been granted to a soldier's or sailor's helpless or idiotic child or children, or child or children under the age of sixteen years, his widow shall not be entitled to pension undei- this section, unless the pension to such child or children has terminated, or unless such child or children be a member or members of her family and cared for by her, and upon allowance of pension to the widow, payment of pension to such child or children shall cease. Id. 1498g. Restrictions as to fee of claim agents under provisions of Act. — No claim agent or attorney shall be recognized in the adjudi- cation of claims under the first section of this Act, nor shall any claim agent or attorney be recognized in the adjudication of claims under the second section of this Act for renewal of pension previously allowed, and in claims for original pension under section two of this Act no greater sum than $10 shall be allowed for services in pre- paring, presenting, or prosecuting such claim, which sum shall be payable only upon the order of the Commissioner of Pensions under such rules and regulations as he may deem proper to make. Sec. 4y id. CHAPTER XXXVL THE SOLDIEES' HOME. rar. Tjiv and allowances of soldiers sentenced to dishonorable discharge dur- ing execution of suspended sentence 1507a 1507a. Pay and alloicances of soldier's sentenced to dishonorahlG dhcharge during execution of suspended sentence.- — Hereafter pay and allowances shall not accrue to a soldier under sentence of dis- honorable discharge^ during such period as the execution of the sen- tence of discharge may be suspended under authority of the Act of Congress approved April twenty-seventh, nineteen hundred and four- teen, and pay which has heretofore been forfeited under such sus- pended sentence shall not be held to have accrued to the Soldiers' Home under the operation of section forty-eight hundred and eighteen, Kevised Statutes, btit shall be covered back into the Treasury of the United States. Act of Mar. ^ 1915 {38 Stat. 1065). (This provision will also be found under paragraph 727a.) - 861 CHAPTER XXXVIII. FLAG AND SEAL OF THE UNITED STATES. Par. The flag in the District of Columbia, desecration, mutila- tion, or improper use of 1529a Par. Same — Flag, standard, colors, etc., defined 1529b 1529a. The flag in the District of Columbia^ desecration^ Tnutila- tion^ or improper use of. — Hereafter any person who, within the Dis- trict of Cohimbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag, standard, colors or ensign of the United States of America ; or shall expose or cause to be exposed to public view any such flag, standard, colors or ensign upon which shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed any word, figure, mark, picture, design or drawing, or any advertise- ment of any nature; or who, w^ithin the District of Columbia, shall manufacture, sell, expose for sale or to public view or give away or ha\'e in possession for sale or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or trans- porting merchandise, upon which shall have been printed, painted, attached or otherwise placed a representation of any such flag, stand- ard, colors or ensign, to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, colors or ensign, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. Act of Feb. 8, 1917 (Pnh. No. 305, 3D Stat. ). 1529b. SaTYie — Flag, standard, colors, etc., defined. — The words " flag, standard, colors, or ensign," as used herein, shall include any flag, standard, colors, ensign or any picture or representation of either, or of any part or parts of either, made of any substance or 863 864 MILITARY LAWS OF THE UNITED STATES. represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the Stars and Stripes, in any number of either thereof, or of any part or parts of either, by which the average per- son seeing the same without deliberation may believe the same to represent the flag, colors, standard or ensign of the United States of America. Id, CHAPTER XL. RESERVE CORPS. Par. Officers' Reserve Corps 1532-1552 Composition and object of 1532 President alone authorized to appoint and commission of- ficers in to all grades up to and including major 1533 Same — Proportion of officers in any section not to exceed pro- portion of same grade in Reg- ular Army 1534 Persons registered as qualified under Act of January 21, 1903, to be eligible for appointment in for three years 1535 Same — Persons qualified for grade of lieutenant colonel or colonel to be appointed as such, but when they become separated from the corps the grades to cease and deter- mine 1536 Age limit for appointment in and discharge of officers after having passed such limit 1537 Same — Not to apply to appoint- ment or reappointment of of- ficers in certain staff depart- ments 1538 Medical Reserve Corps to cease to exist one year after pas- sage of Act ; officers of may be appointed to Officers' Re- serve Corps 1539 Certain officers of the medical section, Officers' Reserve Corps, may be assigned to ac- tive duty in time of peace; pay of 1540 Commissions to be in force for a period of five years 1541 92061°— 17 55 Par. Same — May be recommissioned for successive periods in same or higher grades 1542 Rank of officers in various sec- tions to be according to grades and length of service therein 1543 Assignment to duty in time of war, rank, pay, etc ^ 1544 Same — Take temporary rank among themselves according to date of assignment to ac- tive duty ; promotion to vaca- cies in Volunteers and to tem- porary vacancies in Regular Army 1545 Officers of not entitled to retire- ment or retired pay ; pen- sionable status 1546 Subject to rules and articles of War when ordered to active service 1547 May be ordered to duty with troops, etc., for instruction 1548 Same — Period of instruction may be extended with con- sent of reserve officers 1549 In time of war all officers of to be ordered into active service before appointment of Volun- teer officers 1550 Same — Does not prevent ap- pointment of officers of Reg- ular Army as officers of Vol- unteers before all officers of are ordered to active service- 1551 Relative rank and right to re- tirement of officers of Regu- lar Army not affected by ac- tive service in 1552 865 866 MILITARY LAWS OF THE UNITED STATES. Par. Reserve Officers' Training Corps - 1553-1572 Senior and junior divisions of to be organized at certain univerties and colleges 1553 Same — One or more units may be established on application of any qualified State insti- tution 1554 Same — Not to be established until after officer of Army has been detailed at the in- stitution as professor of mili- tary science and tactics 1555 Establishment of units at quali- fied institutions, other than State institutions, maintain- ing a two years' course of military training '. 1556 Same — Not to be established until after officer of Army has been detailed at institution as professor of military science and tactics 1557 Secretary of War to prescribe course of military training for the units 1558 Eligibility for membership in, as to age, citizenship, etc 1559 Detail of active or retired offi- cers as professors for; rank, pay, term, conditions, etc 1560 Same — Detail of enlisted men, active, retired, or Regular Army Reserve; limit as to ac- tive, who are to be additional etc 1561 Issue of public animals, arms, uniform, equipment, etc., to institutions with established units 1562 Issue of military equipment and detail of instructors at other schools and colleges 1563 Camps for additional training of members of; period of en- campment, equipment, etc 1564 President alone may appoint qualified graduates of, in Offi- cers' Reserve Corps; condi- tions 1565 Same — Qualified graduates not eligible for appointment while undergoing postgraduate course Members who have completed two years of training may be furnished with commutation of subsistence for remainder of course of training Same — Credit to be given for military training Appointment of prior graduates of institutions giving military training to Officers' Reserve Corps and as temporary addi- tional second lieutenants; age limit, citizenship, etc : Appointment by President alone of reserve officers as tempo- rary second lieutenants of Regular Army in time of peace for instruction Reserve officers and temporary second lieutenants not en- titled to retirement or retired pay ; pensionable status In time of war reserve officers may h& assigned to active duty in any grades, not below second lieutenant, and are subject to rules and articles of war Adjutant General to keep re- vised list of civilians who have had military training qualifying them for appoint- ment as commissioned officers Camps of instruction for train- ing civilians, equipment, etc., of - Same — Secretary of War to pre- scribe course of instructions at, and detail Regular officers and enlisted men for duty in connection with Appropriation for maintenance of camps on military reserva- tions, etc., for training civilians Par. 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 MILITARY LAWS OF THE UNITED STATES. 867 Par. Same — Available for transpor- tation and subsistence of citi- zens between certain ages who have attended camps during 1916 1577 Training camp for civilians on military reservation at Port Douglas, Utah, maintenance of 1578 Establishment and equipment of indoor and outdoor rifle ranges for training civilians- 1579 Same — Officer of Army or Ma- rine Corps may be appointed director of civilian marks- manship 1580 Enlisted reserve corps 1581-1599 Enlisted reserve for staff de- partments 1581 Issuance of certificate of enlist- ment to persons found quali- fied, rights conferred by 1582 Rosettes or knots to be issued to members attending at least one encampment for military instruction of citizens 1583 Same — Penalty for unauthorized wearing of 1584 Assignment of members to or- ganizations of Regular Army or organization of, into units or detachments of any arm, etc 1585 May be ordered to active serv- ice annually for purpose of in- struction or training 1586 Same — Periods of active service may be extended with consent of enlisted men 1587 Par. Same — Pay and allowances' while in active service 1583 Not entitled to retirement or re- tirement pay ; pensionable sta- tus 1589 Uniform to be same as for en- listed men of Regular Army and to be issued in kindr_._r^ -1590 Same — Clothing or other equip- ment to remain property of United States 1591 Same — Unserviceable to be re- placed 1592 Arms, clothing, and equipment issued to be accounted for on discharge 1593 Enlisted men ordered to active service subject to Rules and Articles of War 1594 May be discharged when service no longer required or for mis- conduct 1595 Certificate of enlistment for- feited, in addition to other punishment, for failure to obey order assigning to active duty 1596 In time of actual or threatened hostilities may be ordered to active duty with Regular Army 1597 Same — May be mustered into the Volunteer service with grades held in their corps 1598 Same — C^ertificate of enlistment does not give vester right to be so mustered 1599 officers' reserve corps. 1532. Composition and object of. — For the purpose of securing a reserve of officers available for service as temporary officers in the Regular Army, as provided for in this Act and in section eight of the Act approved April tv^enty-fifth, nineteen hundred and four- teen/ as officers of the Quartermaster Corps and other staff corps and departments, as officers for recruit rendezvous and depots, and as officers of volunteers, there shall be organized, under such rules and ^See par. 1389, ante, or 38 Stat. 349. 868 MILITARY LAWS OF THE UNITED STATES. regulations as the President may prescribe not inconsistent with the provisions of this Act, an Officers' Reserve Corps of the Regular Army. Said corps shall consist of sections corresponding to the various arms, staff corps, and departments of the Regular Army.^ Except as otherwise herein provided, a member of the Officei^* Reserve Corps shall not be subject to call for service in time of peace, and whenever called upon for service shall not, without his consent, be so called in a lower grade than that held by him in said reserve corps. 8ec. 37, Act of June 3, 1916 {39 Stat. 189) . 1533. President alone authorized to appoint and commission officer 8 in all grades up to anfid including mxijor. — The President alone shall be authorized to appoint and commission as reserve officers in the various sections of the Officers' Reserve Corps, in all grades up to and including that of major, such citizens as, upon examination pre- scribed by the President, shall be found physically, mentally, and morally qualified to hold such commissions. Id. 1534. Same — Proportion of officers in any section not to exceed pro- portion of same grade in Regular Army. — The proportion of officers in any section of the Officers' Reserve Corps shall not exceed the pro- portion for the same grade in the corresponding arm, corps, or de- partment of the Regular Army, except that the number commissioned ^Held, that there are no organizational grades in the Veterinary Corps nor in the Dental Corps and that, therefore, veterinarians can be appointed in the Officers' Reserve Corps only as assistant veterinarians with the rank of second lieutenant, and dental surgeons may be appointed therein only as first lieu- tenant, and that in neither case can the officer attain a higher rank except through active service for the time prescribed for the attainment of higher rank. Held further, that as to the Medical Department, the three corps, Medical, Dental, and Veterinary, are to be regarded as separate and distinct corps, for the purpose of determining the proportionate number of officers to be commis- sioned in the Officers' Reserve Corps ; and that the proportion of the grades in the Medical Section proper of the Officers' Reserve Corps should be determined by the proportion which the number in the corresponding grades in the Medi- cal Corps of the Regular Army bear to the total number of officers in the Medi- cal Corps of the Regular Army, the grades of captain and first lieutenant in the Medical Corps of the Regular Army being considered one grade, that of first lieutenant, in making the computation ; and that the appointments to the dental and veterinary sections of the Officers' Reserve Corps, being only to the lowest in each, will be unlimited in that grade. Held further, that for purposes of appointment in the Officers' Reserve Corps the lowest authorized grade in the Quartermaster Corps is that of cap- tain, to which grade in the Officers' Reserve Corps appointments may be un- limited. Held further, that the Signal Corps proper and the Aviation Section each constitutes a corps which should form the basis of an organization in the Offi- cers' Reserve Corps, the lowest grade in the Signal Corps being that of first lieutenant. As to the Aviation Section, held, that the grade of aviator, pro- vided for in sec. 13 of the national-defense act, was created as a means of meet- ing contingencies and supplying casual deficiencies, and should be regarded as temporary and not as a permanent grade or integral part of the Aviation Sec- tion, such as should be made a basis for appointments in the Officers' Reserve Corps, but the lowest grade of the Aviation Section in which an unlimited num- ber of officers may be appointed is that of first lieutenant. (War Dept. Bull. 34, Sept. 12, 1916.) MILITARY LAWS OF THE UNITED STATES. 869 in the lowest authorized grade in any section of the Officers' Reserve Corps shall not be limited.^ Id. 1535. Persons registered as quali-fled under Act of January ^7, 1903.^ to he eligible for appointment in for three years. — All persons now carried as duly qualified and registered pursuant to section twenty-three of the Act of Congress approved January twenty-first, nineteen hundred and three,^ shall, for a period of three years after the passage of this Act, be eligible for appointment in the Officers' Reserve Corps in the section corresponding to the arm, corps, or de- partment for which they have been found qualified, without further examination, except a physical examination, and subject to the limitations as to age and rank herein prescribed.^ Id. 1536. Same — Persons qualified for grade of lieutenant colonel or colonel to he appointed as such, hut when they hecome separated from the corps the grades to cease and determine. — Any person carried as qualified and registered in the grade of colonel or lieuten- ant colonel pursuant to the provisions of said Act on the date when this Act becomes effective may be commissioned and recommissioned in the Officers' Reserve Corps with the rank for which he has been found qualified and registered, but when such person thereafter shall become separated from the Officers' Reserve Corps for any rea- son the vacancy so caused shall not be filled, and such office shall cease and determine. Id. 1537. Age limit for appointTnent in and discharge of officers after having passed such limit. — No person shall, except as hereinafter ^Held, that this provision does not limit the number who may be commissioned in any grade above the lowest, except by the proportion which the number in that grade in the corresponding arm, corps, or department of the Regular Army bears to the number in other grades in that arm, corps, or department, and that the nun^ber that may be commissioned is unlimited so long as the proportion between grades, except as to any maximum number for the lowest, is maintained in the same manner as established for the grades of the corresponding arm, corps, or department of the Regular Army. (War. Dept. Bull. No. 28, Aug. 18, 1916.) "^ See footnote to par, 1388, ante, or 32 Stat. 779. ^Held, that while this provision of the statute declares the persons therein described to be eligible for appointment in the Officers' Reserve Corps, it is not a mandate for their appointment; and, if for reasons of national policy the President may decide, as it is apparent he has decided, that persons holding commissions in available military forces of the United States shall not also be commissioned in the Officers' Reserve Corps, the provision of sec. 37 of the national-defense act just quoted is not violated. The eligibility of such officers is not interfered with, though, for the reason that they already bear a relation to the Government which is equivalent to that which would be established by their appointment in the Officers' Reserve Corps, and which renders their ap- pointment unnecessary for the attainment of the purpose of the law creating the Officers' Reserve Corps, the President has, in his discretion, determined and ordered that they shall not be appointed. Held further, that enlisted men of the Regular Army or National Guard who are found qualified, upon examination, may be commissioned in the Officers' Reserve Corps without impairment of their enlisted status, and that officers of the Officers' Reserve Corps, may, if otherwise eligible, enlist in the Regular Army or National Guard. (War Dept. Bull. No. 9, Feb. 2, 1917.) 870 MILITAEY LAWS OF THE UNITED STATES. provided, be appointed or reappointed a second lieutenant in the Officers' Keserve Corps after he shall have reached the age of thirty- two years, a first lieutenant after he shall have reached the age of thirty-six years, a captain after he shall have reached the age of forty years, or a major after he shall have reached the age of forty- five years. When an officer of the Reserve Corps shall reach the age limit fixed for appointment or reappointment in the grade in which commissioned he shall be honorably discharged from the service of the United States, and be entitled to retain his official title and, on occasions of ceremony, to wear the uniform of the highest grade he shall have held in the Officers' Reserve Corps. Id. 1538. Same — Not to apply to appointment or reappointment of officers in certain staff departments. — Nothing in the foregoing pro- visions as to the ages of officers shall apply to the appointment or reappointment of officers of the Quartermaster, Engineer, Ordnance, Signal, Judge Advocate, and Medical sections of said Reserve Corps. Id. 190. 1539. Medical Reserve Corps to cease to exist one year after pas- sage of Act; officers of^ may he appointed in Officers^ Reserve Corps. — One year after the passage of this Act the Medical Reserve Corps, as now constituted by law, shall cease to exist. Members thereof may be commissioned in the Officers' Reserve Corps, subject to the provisions of this Act, or may be honorably discharged from the service.^ Id. [For composition of the Medical Department see paragraph 728a, and for old law relating to Medical Reserve Corps see paragraphs 744-749, ante.] 1540. Certain officers of the medical section^ Officers'^ Reserve Corps ^ may he assigned to active duty in time of peace,' pay of. — The Secre- tary of War may, in time of peace, order first lieutenants of the medical section of the Officers' Reserve Corps, with their consent, to active duty in the service of the United States in such numbers as ^Held, that as the Act of March 4, 1911, which created the Medical Reserve Corps, conferred upon the holders of commissions issued thereunder " all authority, rights and privileges of commissioned officers of the like grade in the Medical Corps of the Army, except promotion, but only when called into active duty," and that as sec. 37 of the national-defense act makes officers of the Medical Reserve Corps eligible for appointment to the medical section of the Officers' Reserve Corps, and further that the " Medical Reserve Corps as now constituted by law " shall " cease to exist one year after the passage " of the national-defense act, the sale of ordnance or ordnance property to officers as members of the Medical Reserve Corps, such officers not being in active service, would be of doubtful legality, and recommended that such sale be not made when the officer will not be appointed to the Officers' Reserve Corps. Held further, that par. 1520, Army Regulations, as to sales of ordnance, etc., to officers, etc., is sufficiently broad to include members of the Officers' Reserve Corps. This accords, in principle, with the opinion of the Judge Advocate Gen- eral of Nov. 9, 1916, to the effect that as the Officers' Reserve Corps is an inte- gral part of the Army of the United States as established by sec. 1 of the national-defense act, its members are entitled to purchase uniforms, clothing, and equippage under par. 1174, Army Regulations. (War Dept. Bull. No. 3, .Tan. 19, 1917.) MILITARY LAWS OF THE UNITED STATES. 871 the public interests may require and the funds appropriated may permit, and may relieve them from such duty when their services, are no longer necessary. While on such duty they shall receive the, pay and allowances, including pay for periods of sickness and leaver; of absence, of officers of corresponding rank and length of active service in the Eegular Army. Id. 1541. C OTnmissions to he in force for a period of five years. — The commissions of all officers of the Officers' Reserve Corps shall be in force for a period of five years unless sooner terminated in the discretion of the President. Id. 1542. Same — May he recorrvrmssioned for successive periods in sarne or higher grades. — Such officers nftiy be recommissioned, either in the same or higher grades, for successive periods of five years, subject to such examinations and qualifications as the President may prescribe and to the age limits prescribed herein. Id. 1543. Rank of officers in various sections to he according to grades and length of service therein. — Officers of the Officers' Reserve Corps shall have rank therein in the various sections of said Reserve Corps according to grades and to length of service in their grades. Id. 1544. Assignment to duty in time of war., ranh., pay^ etc. — In time of actual or threatened hostilities the President may order officers of the Officers' Reserve Corps, subject to such subsequent physical examinations as he may prescribe, to temporary duty with the Regular Army in grades thereof which can not, for the time being, be filled by promotion, or as officers in volunteer or other organiza- tions that may be authorized by law, or as officers at recruit ren- dezvous and depots, or on such other duty as the President may prescribe. While such reserve officers are on such service they shall, by virtue of their commissions as reserve officers, exercise command appropriate to their grade and rank in the organizations to which they may be assigned, and shall be entitled to the pay and allowances of the corresponding grades in the Regular Army, with increase of pay for length of active service, as allowed by law for officers of the Regular Army, from the date upon which they shall be required by the terms of their orders to obey the same.^ Bee. 38^ id. 1545. SaTYhe — Take temporary rank among themselves according to date of assignment to active duty; promotion to vacancies in volun- teers and to temporary vacancies in Regular Army. — Officers so ordered to active service shall take temporary rank among them- selves, and in their grades in the organizations to which assigned, ^Held, that sees. 37 and 38 of the national-defense Act prescribing the duties of members of the Officers' Reserve Corps operate to limit tlie duties upon which such officers may be employed to activity in connection with military forces actujilly in the service of the United States, and that such officers are not eligible for detail, as officers of the Army, for duty at educational insti- tutions. (War Dept. Bull. No. 89, Oct. 6, 1916.) 872 MILITARY LAWS OF THE UNITED STATES. according to the dates of orders placing them on active service ; and they may be promoted, in accordance with such rank, to vacancies in volunteer organizations or to temporary vacancies in the Regular Army thereafter occuring in the organizations in which they shall be serving. Id. 1546. Ojficers of not entitled to retirement or retired pay; pension^- able status. — Officers of the Officers' Reserve Corps shall not be entitled to retirement or retired pay, and shall be entitled to pension only for disability incurred in the line of duty and while in active service. Id. 1547. Subject to rules and articles of war when ordered to active service. — Any officer who, while holding a commission in the Officers' Reserve Corps, shall be ordered to active service by the Secretary of War shall, from the time he shall be required by the terms of his order to obey the same, be subject to the laws and regulations for the government of the Army of the United States, in so far as they are applicable to officers whose permanent retention in the military service is not contemplated. Id. 191. 1548. May he ordered to duty with troops^ etc., for instruction. — To the extent provided for from time to time by appropriations for this specific purpose, the Secretary of War is authorized to. order reserve officers to duty with troops or at field exercises, or for instruc- tion, for periods not to exceed fifteen days in any one calendar year, and while so serving such officers shall receive the pay and allow- ances of their respective grades in the Regular Army.^ Sec. 39, id. 1549. Same — Period of instruction may he extended with consent of reserve o fleers. — With the consent of the reserve officers concerned, and within the limit of funds available for the purpose, such periods of duty may be extended for reserve officers as the Secretary of War may direct. Id. 1550. In. time of war all officers of to he ordered into active service hefore appointment of volunteer officers. — In time of actual or threat- ened hostilities, after all available officers of any section of the Officers' Reserve Corps corresponding to any arm, corps, or depart- ment of the Regular Army shall have been ordered into active serv- ice, officers of Volunteers may be appointed in such arm, corps, or department as may be authorized by law. Id. 1551. Same — Does not prevent appointment of officers of Regular Army as officers of Volunteers hefore all officers of are ordered to active service — Nothing herein shall operate to prevent the appoint- ment of any officer of the Regular Army as an officer of Volunteers ^ Held, that reserve officers, when ordered to active duty in accordance with sees. 37 and 39 of the national-defense act " for duty with troops," may, while in active service for such duty, be assigned to any duty in connection with such troops to which Regular Army officers serving therewith may be assigned, including duty as disbursing officers. (War Dept. Bull. No. 3, Jan. 19, 1917.) MILITAEY LAWS OF THE UNITED STATES. 873 before all the officers of the Officers' Reserve Corps or any section thereof shall have been ordered into active service. Id. (See paragraph 1388, ante.) 1552. Relative ranh and right to retirement of officers of Regular Army not affected hy active service in. — In determining the relative rank and the right to retirement of an officer of the Regular Army, active duty performed by him while serving in the Officers' Reserve Corps shall not be reckoned. Id. (See paragraphs 353 and 962-964, ante.) 1653. /Senior and junior divisions of, to he organized at certain uni- versities and colleges. — The President is hereby authorized to estab- lish and maintain in civil educational institutions a Reserve Officers' Training Corps, which shall consist of a senior division organized at universities and colleges requiring four years of collegiate study for a degree, including State universities and those State institutions that are required to provide instruction in military tactics under the provisions of the "Act of Congress of July second, eighteen hundred and sixty-two, donating lands for the establishment of collegees where the leading object shall be practical instruction in agriculture and the mechanic arts, including military tactics, and a junior divi- sion organized at all other public or private educational institutions, except that units of the senior division may be organized at those essentially military schools which do not confer an academic degree but which, as a result of the annual inspection of such institutions by the War Department, are specially designated by the Secretary of War as qualified for units of the senior division, and each division shall consist of units of the several arms or corps in such number and of such strength as the President may prescribe. &ec. Jfi, id. 1554. Same — One or more units may he established on application of any qualified State institution. — The President may, upon the application of any State institution described in section forty of this Act, establish and maintain, at such institution one or more units of the Reserve Officers' Training Corps. Sec. Jfl, id. 1555. Same — Not to he established until after officer of Army has been detailed at the institution as professor of ^nilitary science and tactics. — No such unit shall be established or maintained at any such institution until an officer of the Army shall have been detailed as professor of military science and tactics, nor until such institution shall maintain under military instruction at least one hundred physi- cally fit male students. Id. 1556. Establishment of units at qualified institutions^ other than State institutions, maintaining a two years'^ course of mUitary train- 874 MILITARY LAWS OF THE UNITED STATES. ing. — The President may, upon the application of any established educational institution in the United States other than a State insti- tution described in section forty of this Act, the authorities of which agree to establish and maintain a two years' elective or compulsory course of military training as a minimum for its physically fit male students, which course when entered upon by any student shall, as regards such student, be a prerequisite for graduation, establish and maintain at such institution one or more units of the Reserve Officers' Training Corps. Sec. 4^, id. 1557. jSame — Not to he established until after officer of Army has been detailed at institution as professor of military science and tac- tics. — No such unit shall be established or maintained at any such institution until an officer of the Army shall have been detailed as professor of military science and tactics, nor until such institution shall maintain under military instruction at least one hundred physi- cally fit male students. Id. 192. 1558. Secretary of War to prescrihe courses of military training for the units. — The Secretary of War is hereby authorized to pre- scribe standard courses of theoretical and practical military training for units of the Reserve Officers' Training Corps, and no unit of the senior division shall be organized or maintained at any educational institution the authorities of which fail or neglect to adopt into their curriculum the prescribed courses of military training for the senior division or to devote at least an average of three hours per week per academic year to such military training; and no unit of the junior division shall be organized or maintained at any educational institu- tion the authorities of which fail or neglect to adopt into their cur- riculum the prescribed courses of military training for the junior division, or to devote at least an average of three hours per week per academic year to such military training. Sec. 4^, id. 1559. Eligibility for membership in, as to age, citizenship, etc. — Eligibility to membership in the Reserve Officers' Training Corps shall be limited to students of institutions in which units of such corps may be established who are citizens of the United States, who are not less than fourteen years of age, and whose bodily condition indicates that they are physically fit to perform military duty, or will be so upon arrival at military age. Sec. 4-^, id. 1560. Detail of active or retired officers a^ professors for rank, pay, term,, conditions, etc. — ^The President is hereby authorized to detail such numbers of officers of the Army, either active or retired, not above the grade of colonel, as may be necessary, for duty as profes- sors and assistant professors of military science and tactics at insti- tutions where one or more units of the Reserve Officers' Training Corps are maintained; but the total number of active officers so de- tailed at educational institutions shall not exceed three hundred, and MILITARY LAWS OF THE UNITED STATES. 875 no active officer shall be so detailed who has not had five years' com- missioned service in the Army. In time of peace retired officers shall not be detailed under the provisions of this section without their con- sent. Eetired officers below the grade of lieutenant colonel so de- tailed shall receive the full pay and allowances of their grade, and retired officers above the grade of major so detailed shall receive the same pay and allowances as a retired major would receive under a like detail. No detail of officers on the active list of the Regular Army under the provisions of this section shall extend for more than four years. Sec, ^, id. (See paragraphs 942-950, ante.) 1561. Sarrie — Detail of enlisted men^ active.^ retired.^ or Regular Army Reserve., liTnit as to active who are to he additional., etc. — The President is hereby authorized to detail for duty at institutions where one or more units of the Eeserve Officers' Training Corps are main- tained such number of enlisted men, either active or retired or of the Regular Army Reserve, as he may deem necessary, but the number of active noncommissioned officers so detailed shall not exceed five hun- dred, and all active noncommissioned officers so detailed shall be ad- ditional in their respective grades to those otherwise authorized for the Army. Retired enlisted men or members of the Regular Army Reserve shall not be detailed under the provisions of this section without their consent. While so detailed they shall receive active pay and allowances. Sec. 4^, id. (See paragraph 946, ante.) 1562. Issue of puhlic animals., arms., uniform^s., equipment., etc., to institutions with established units. — The Secretary of War, under such regulations as he may prescribe, is hereby authorized to issue to institutions at which one or more units of the Reserve Officers' Training Corps are maintained such public animals, arms, uniforms, equipment, and means of transportations as he may deem necessary, and to forage at the expense of the United States public animals so issued. He shall require from each institution to which property of the United States is issued a bond in the value of the property issued for the care and safe-keeping thereof, and for its return when required. Sec. ^7, id. ( See paragraphs 951-955 and 954a-954b, ante. ) 1563. Issu£ of military equipment and detail of instructors at other schools and colleges. — Such arms, tentage, and equipment as the Sec- retary of War shall deem necessary for proper military training shall be supplied by the Government to schools and colleges, other than those provided for in section forty-seven of this Act, having a course of military training prescribed by the Secretary of War and having not less than one hundred physically fit male students above 876 MILITARY LAWS OF THE UNITED STATES. the age of fourteen years, under such rules and regulations as he may prescribe; and the Secretary of War is hereby authorized to detail such commissioned and noncommissioned officers of the Army to said schools and colleges, other than those provided for in section forty-five and forty-six of this Act, detailing not less than one such officer or noncommissioned officer to each five hundred students under military instruction, ^ec. 56^ id. 197. 1564. Camps for additional training of merrbbers of ; period of encampment^ equipment^ etc. — The Secretary of War is hereby au- thorized to maintain camps for the further practical instruction of the members of the Reserve Officers' Training Corps, no such camps to be maintained for a period longer than six weeks in any one year, except in time of actual or threatened hostilities ; to transport mem- bers of such corps to and from such camps at the expense of the United States so far as appropriations will permit; to subsist them at the expense of the United States while traveling to and from such camps and while remaining therein so far as appropria- tions will permit; to use the Eegular Army, such other military forces as Congress from time to time authorizes, and such Govern- ment property as he may deem necessary for the military training of the members of such corps while in attendance at such camps; to prescribe regulations for the government of such corps; and to authorize in his discretion, the formation of company units thereof into battalion and regimental units. &ec, Ji.8^ id. 193. 1565. President alone may appoint qualified graduates of^ in Offi- cers'^ Reserve Corps; conditions. — The President alone, under such regulations as he may prescribe, is hereby authorized to appoint in the Officers' Reserve Corps any graduate of the senior division of the Reserve Officers' Training Corps who shall have satisfactorily com- pleted the further training provided for in section fifty of this Act, or any graduate of the junior division who shall have satisfactorily completed the courses of military training prescribed for the senior division and the further training provided for in section fifty of this Act, and shall have participated in such practical instruction subsequent to graduation as the Secretary of War shall prescribe, who shall have arrived at the age of twenty-one years and who shall agree, under oath in writing, to serve the United States in the capacity of a reserve officer of the Army during a period of at least ten years from the date of his appointment as such reserve officer, unless sooner discharged by proper authority; but the total number of reserve officers so appointed shall not exceed fifty thousand. Sec. 49, id. 1566. Same — Qualified graduates not eligible for appointment while undergoing postgraduate course. — Any graduate qualified under the provisions of this section undergoing a postgraduate MILITARY LAWS OF THE UNITED STATES. 877 course at any institution shall not be eligible for appointment as a reserve officer while undergoing such postgraduate course, but his ultimate eligibility upon completion of such postgraduate course for such appointment shall not be affected because of his having under- gone such postgraduate course. Id. 1567. Members who have completed two years of training may he furnished with commMtation of subsistence for remainder of course of training. — When any member of the senior division of the Reserve Officers' Training Corps has completed two academic years of service in that division, and has been selected for further training by the president of the institution and by its professor of military science and tactics, and has agreed in writing to continue in the Reserve Officers' Training Corps for the remainder of his course in the insti- tution, devoting five hours per week to the military training pre- scribed by the Secretary of War, and has agreed in writing to pursue the courses in camp training prescribed by the Secretary of War, he may be furnished, at the expense of the United States, with commutation of subsistence at such rate, not exceeding the cost of the garrison ration prescribed for the Army, as may be fixed by the Secretary of War, during the remainder of his service in the Reserve Officers' Training Corps. Sec. 50^ id. 1568. Same — Credit to he given for military training, — In the in- terpretation and execution of section fifty of the Act of Congress approved June third, nineteen hundred and sixteen, credit shall be given as for service in the senior division of the Reserve Officers' Training Corps to any member of that division for any period or periods of time during which such member has received or shall have received at an educational institution under the direction of an officer of the Army, detailed as professor of military science and tactics, a course of military training substantially equivalent to that prescribed by regulations under this section for the correspond- ing period or periods of training of the senior division. Reserve Officers' Training Corps. Joint Resolution No, — of Sept, 8, 1916 {39 Stat. 853) . 1569. Appointment of prior graduates of institutions giving mili- tary training to Officers^ Reserve Corps and as temporary additional second lieutenants^' age limit^ citizenship^ etc, — Any physically fit male citizen of the United States, between the ages of twenty-one and twenty-seven years, who shall have graduated prior to the date of this Act from any educational institution at which an officer of the Army was detailed as professor of military science and tactics, and who, while a student at such institution, completed courses of military training under the direction of such professor of military science and tactics substantially equivalent to those prescribed pur- 878 MILITARY LAWS OF THE UNITED STATES. suant to this Act for the senior division, shall, after satisfactorily completing such additional practical military training as the Sec- retary of War shall prescribe, be eligible for appointment to the Officers' Reserve Corps and as a temporary additional second lieu- tenant in accordance with the terms of this Act. Sec. 51^ Act of June 3, 1916 {39 Stat 193). 1570. Appointment hy President alone of reserve offleers as tem- porary second lieutenants of Regular Army in time of peace for in- struction. — The President alone is hereby authorized to appoint and commission as a temporary second lieutenant of the Regular Army in time of peace for purposes of instruction, for a period not exceed- ing six months, with the allowances now provided by law for that grade, but with pay at the rate of $100 per month, any reserve officer appointed pursuant to sections forty-nine and fifty-one of this Act and to attach him to a unit of the Regular Army for duty and train- ing during the period covered by his appointment as such temporary second lieutenant, and upon the expiration of such service with the Regular Army such officer shall revert to his status as a reserve officer. Sec. 62, id. 194. (See paragraphs 1565 and 1569, ante.) 1571. Reserve officers and^ temporary second lieutenants not entitled' to retirement or retired pay; pensionable status. — No reserve officer or temporary second lieutenant appointed pursuant to this Act shall be entitled to retirement or to retired pay and shall be eligible for pension only for disability incurred in line of duty in active service or while serving with the Regular Army pursuant to the provisions of this Act. Sec. 53, id. 1572. In time of war reserve officers may he assigned to active duty in any grades not helow second lieutenant, and are subject to rules and articles of war. — In time of war the President may order re- serve officers appointed under the provisions of this Act to active duty with any of the military forces of the United States in any grades not below that of second lieutenant, and while on such active duty they shall be subject to the Rules and Articles of War. Id. 1573. Adjutant General to keep revised list of civilians who home had military training qualifying them for appointment as commis- sioned officers. — The Adjutant General of the Army shall, under the direction and supervision of the Secretary of War, obtain, compile, and keep continually up to date all obtainable information as to the names, ages, addresses, occupations, and qualifications for appoint- ment as commissioned officers of the Army, in time of war or other emergency, of men of suitable ages who, by reason of having re- ceived military training in civilian educational institutions or else- where, may be regarded as qualified and available for appointment as such commissioned officers. Id. MILITARY LAWS OF THE UNITED STATES. 879 1574. Camps of instnicHon for training civilians, equipment, etc., of. — The Secretary of War is hereby authorized to maintain, upon military reservations or elsewhere, camps for the military instruction and training of such citizens as may be selected for such instruction and training, upon their application and under such terms of enlist- ment and regulations as may be prescribed by the Secretary of War ; to use, for the purpose of maintaining said camps and imparting mili- tary instruction and training thereat, such arms, ammunition," ac- couterments, equipments, tentage, field equipage, and transportation belonging to the United States as he may deem necessary ; to furnish, at the expense of the United States, uniforms, subsistence, transpor- tation by the most usual and direct route within such limits as to ter- ritory as the Secretary of War may prescribe, and medical supplies to persons receiving instruction at said camps during the period of their attendance thereat, to authorize such expenditures, from proper Army appropriations, as he may deem necessary for water, fuel, light, temporary structures, not including quarters for officers nor barracks for men, screening, and damages resulting from field exercises, and other expenses incidental to the maintenance of said camps, and the theoretical winter instruction in connection therewith ; and to sell to persons receiving instruction at said camps, for cash and at cost price plus ten per centum, quartermaster and ordnance property, the amount of such property sold to any one person to be limited to that which is required for his proper equipment. All moneys arising from such sales shall remain available throughout the fiscal year following that in which the sales are made, for the purpose of that appropria- tion from which the property sold was authorized to be supplied at the time of the sale.^ /Sec. 5^, id. 1575. Same — Secretary of War to prescribe course of instnictions at, a7id detail Regular officers and erdisted men for duty in connec- tion with. — The Secretary of War is authorized further to prescribe the courses of theoretical and practical instruction to be pursued by persons attending the camps authorized b}^ this section; to fix the periods during which such camps shall be maintained ; to prescribe rules and regulations for the government thereof; and to employ thereat officers and enlisted men of the Regular Army in such num- bers and upon such duties as he may designate. Id. ^ Held, that in view of the broad powers of discretion conferred upon the Sec- retary of War by sec. 54, national defense Act, in the matter of providing for military camps of instruction and training for civilians, including authority " to furnish at the expense of the United States uniforms, subsistence, transportation, and medical supplies to persons receiving instruction at such camps," the first- aid packets requested could properly be furnished if regarded by the Sur- geon General as reasonably necessary for the civilians in training at the camp. (War Dept. Bull. 18, July 8, 1916.) Held, that such sales are authorized only to persons while they are in actual attendance at the camps " receiving instruction " thereat, and that there is no authority to fill orders for such property received from former attendants. (War Dept. Bull. 47, Nov. 16, 1916.) 880 MILITARY LAWS OF THE UNITED STATES. 1576. Apfropriation for maintenance of camps on military reserva- tions^ etc.^ for training civilians, — To provide for the expense of maintaining, upon military reservations or elsewhere, camps for the military instruction and training of such citizens as may be selected for such instruction and training, under such regulations as may be prescribed by the Secretary of War, and to furnish to said citizens the subsistence, transportation, and uniforms authorized by the Act of Congress approved June third, nineteen hundred and sixteen, $2,000,000. Act of Aug. 29, 1916 {39 Stat. 6JtS) . 1577. Same — Available for transportation and subsistence of citi- zens between certain ages who have attended camps during 1916. — So much of this appropriation as may be necessary shall be available for the subsistence and transportation of all persons between the ages of eighteen and forty-five years who have attended any camp author- ized by the Secretary of War during the calendar year nineteen hun- dred and sixteen. Id. 1578. Training camp for civilians on military reservation at Fort Douglas^ Utah, nnaintenance of. — The Secretary of War be, and he is hereby, authorized to maintain upon the military reservation of Fort Douglas, Utah, for such period within the fiscal year ending June thirtieth, nineteen hundred and seventeen, as he may deem advisable, a camp for the military instruction and training of such citizens as may be selected for such instruction and training under such regula- tions as he may prescribe, and to furnish to said citizens the subsist- ence, transportation, and uniforms authorized by the Act of Con- gress approved June third, nineteen hundred and sixteen; and for the purposes of this Act there is hereby appropriated the sum of $30,000, to be paid out of any money in the Treasury not otherwise appropriated. Id. 671. 1579. E stahlishment and equipment of indoor and outdoor rifle ranges for training civilians. — To establish and maintain indoor and outdoor rifle ranges for the use of all able-bodied males capable of bearing arms, under reasonable regulations to be prescribed by the National Board for Promotion of Rifle Practice and approved by the Secretary of War; to provide standard military arms and ammuni- tion, indoor gallery rifles and ammunition; for the employment of labor in connection with the establishment of outdoor and indoor rifle ranges, including labor in operating targets; for the employment of instructors; for clerical services; for prizes, trophies, badges, and other insignia; for the transportation of employees, instructors, and civilians to engage in practice; for the purchase of materials, sup- plies, and services, and for expenses incidental to instruction of citi- zens of the United States in marksmanship, to be expended under the direction of the Secretary of War and to remain available until ex- pended. Id. 648. MILITARY LAWS OF THE UNITED STATES. 881 1580. Same — Officer of Army or Marine Corps may he appointed Director of Civilian Marksmanship. — The President be, and he is hereby, authorized, in his discretion to appoint, as Director of Civil- ian Marksmanship, under the direction of the Secretary of War, an officer of the Army or of the Marine Corps. Id. ENLISTED RESERVE CORPS. 1581. Enlisted reserve for staff departments. — For the purpose of securing an additional reserve of enlisted men for military service ^Yith the Engineer, Signal, and Quartermaster Corps and the Ord- nance and Medical Departments of the Regular Army, an Enlisted Reserve Corps, to consist of such number of enlisted men of such grade or grades as may be designated by the President from time to time, is hereby authorized, such authorization to be effective on and after the first day of July, nineteen hundred and sixteen. Sec. 55^ Act of June S, 1916 {39 Stat. 195). 1582. Issuance of certificates of enlistment to persons found quali- fied^ rights conferred hy. — There may be enlisted in the grade or grades hereinbefore specified, for a period of four years, under such rules as may be prescribed by the President, citizens of the United States, or persons who have declared their intentions to become citi- zens of the United States, subject to such physical, educational, and practical examination as may be prescribed in said rules. For men enlisting in said grade or grades certificates of enlistment in the Enlisted Reserve Corps shall be issued by The Adjutant General of the Army, but no such man shall be enlisted in said corps unless he shall be found physically, mentally, and morally qualified to hold such certificate and unless he shall be between the ages of eighteen and forty-five years. The certificates so given shall confer upon the holders when called into active service or for purposes of instruction and training, during the period of such active service, instruc- tion, or training, all the authority, rights, and privileges of like grades of the Regular Army. Enlisted men of the Enlisted Reserve Corps shall take precedence in said corps according to the dates of their certificates of enlistment therein and when called into active service or when called out for purposes of instruction or training shall take precedence next below all other enlisted men of like grades in the Regular Army. Id. 1583. Rosettes or knots to he issued to memhers attending at least one encampment for military instruction of citizens. — And the Sec- retary of War is hereby authorized to issue to members of the En- listed Reserve Corps and to persons who have participated in at least one encampment for the military instruction of citizens, con- ducted under the auspices of the War Department, distinctive 92061°— 17 56 882 MILITAKY LAWS OF THE UNITED STATES. rosettes or knots designed for wear with civilian clothing, and when- ever a rosette or knot issued under the provisions of this section shall have been lost, destroyed, or rendered unfit for use without fault or neglect upon the part of the person to whom it is issued, the Secretary of War shall cause a new rosette or knot to be issued to such person without charge therefor. Id, 1584. SaTne — Penalty for unawthorized weariing of. — Any person who is not an enlisted man of the Enlisted Keserve Corps and shall not have participated in at least one encampment for the military instruction of citizens, conducted under the auspices of the War Department, and who shall wear such rosette or knot shall be guilty of misdemeanor punishable by a fine of not exceeding $300, or im- prisonment not exceeding six months, or both. Id. 1585. Assignment of menbbers to organizations of Regular Army or organization of into imits or detaohments of any arm^ etc. — The President is authorized to assign members of the Enlisted Reserve Corps as reserves to particular organizations of the Eegular Army, or to organize the Enlisted Reserve Corps, or any part thereof, into units or detachments of any arm, corps, or department in such manner as he may prescribe, and to assign to such units and detach- ments officers of the Regular Army or of the Officers' Reserve Corps, herein provided for. Id. 1586. May he ordered to active service annually for purpose of m- struction or training. — To the extent provided from time to time by appropriations the Secretary of War may order enlisted men of the Enlisted Reserve Corps to active service for purposes of instruction or training for periods not to exceed j&fteen days in any one calendar year. Id. 1587. Same — Pemods of axitive service m/iy he extended with con- sent of enlisted men. — ^With the consent of such enlisted men and within the limits of funds available for such purposes, such periods of active service may be extended for such number of enlisted men as may be deemed necessary. Id.^ 196. 1588. Same — Pay and allowances while in active service. — Enlisted men of the Enlisted Reserve Corps shall receive the pay and allow- ances of their respective grades, but only when ordered into active service, including the time required for actual travel from their homes to the places to which ordered and return to their homes. Id, 1589. Not entitled to retirement or retirement pay; pensionable status. — Said enlisted men shall not be entitled to retirement or re- tirement pay, nor shall they be entitled to pensions except for physi- cal disability incurred in line of duty while in active service or while traveling under orders of competent authority to or from designated places of duty. Id. MILITARY LAWS OF THE UNITED STATES. ,883 1590. Uniform to he same as for erdisted men of Regular Army and to he issued in hind. — The uniform to be worn by enlisted men of the Enlisted Keserve Corps, except corps insignia, shall be the same as prescribed for enlisted men of the Regular Army Reserve, and that in lieu of any money allowance for clothing there shall be issued to each enlisted man of the Enlisted Reserve Corps in time of peace such articles of clothing and equipment as the President may direct. Id. 1591. Same — Clothing or other equipment to rernain property of United States, — Any clothing or other equipment issued to any en- listed man of the said corps shall remain the property of the United States, and in case of loss or destruction of any article, the article so lost or destroyed shall be replaced by issue to the enlisted man and the value thereof deducted from any pay due or to become due him, unless it shall be made to appear that such loss or destruction was not due to neglect or other fault on his part. Id, 1592. Same — Unserviceable to he replaced. — Any clothing or other equipment issued to enlisted men of the Enlisted Reserve Corps which shall have become unserviceable through ordinary wear and tear in the service of the United States shall be received back by the United States and serviceable like articles issued in lieu thereof. Id. 1593. Arms, clothing, and equipTnent issued to he accaumted for on discharge. — When enlisted men of the Enlisted Reserve Corps shall be discharged or otherwise separated from the service, all arms, equipage, clothing, and other property issued to them shall be ac- counted for under such regulations as may be prescribed by the Secretary of War. Id, 1594. Enlisted m^en ordered to active service subject to rules and articles of war, — Any enlisted man of the Enlisted Reserve Corps ordered to active service or for purposes of instruction or training shall, from the time he is required by the terms of the order to obey the same, be subject to the laws and regulations for the government of the Army of the United States. Id. 1595. May he discharged when services n/> longer required or for misconduct. — The Secretary of War is hereby authorized to discharge any enlisted member of the Enlisted Reserve Corps when his services shall be no longer required, or when he shall have by misconduct un- fitted himself for further service in the said corps. Id. 1596. Certificate of enlistment forfeited, in addition to other pun- ishment, for failure to ohey order assigning to active duty. — Any enlisted man of said corps who shall be ordered upon active duty as herein provided and who shall willfully fail to comply with the terms of the order so given him shall, in addition to any other penalty to which he may be subject, forfeit his certificate of enlistment. Id. 884 MILITARY LAWS OF THE UNITED STATES. 1597. In time of actual or threatened hostilities may he ordered to active duty with Regular Army. — In time of actual or threatened hostilities the President may order the Enlisted Reserve Corps, in such numbers and at such times as may be considered necessary, to active service with the Regular Army, and while on such service members of said corps shall exercise command appropriate to their several grades and rank in the organizations to which they shall be assigned and shall be entitled to the pay and allowances of the corre- sponding grades in the Regular Army, with increase of pay for length of service as now allowed by law for the Regular Army. Id. 1598. Same — May he mustered into the volunteer service with grades held in their corps. — Upon a call by the President for a vol- unteer force the members of the Enlisted Reserve Corps may be mustered into the service of the United States as volunteers for duty with the Army in the grades held by them in the said corps, and shall be entitled to the pay and allowances of the corresponding grades in the Regular Army, with increase of pay for length of serv- ice, as now provided by law for the Regular Army. Id. 1599. Same — Certificate of enlistment does not give vested right to he so mustered. — Enlisted men of the Enlisted Reserve Corps shall not acquire by virtue of issuance of certificates of enlistment to them a vested right to be mustered into the volunteer service of the United States. Id., 197. CHAPTER XLI. PLANTS FOR MANUFACTURE OF ARMS, AMMUNI- TION, AND SUPPLIES— BOARDS AND COUNCIL OF NA- TIONAL DEFENSE, ETC. Par. Plants for manufacture of arms, ammunition, and supplies- 1600-1604 Purchase of products of, in time of actual or threatened war 1600 Same — On refusal of plant to fill orders Government may take possession ; penalty imposed on manufacturers for noncom- pliance — 1601 Same — Compensation or rental for use of plant to be fair and juist 1602 List of private arms and ammu- nition plants, showing capac- ity, etc 1603 Same — List of private manufac- turing plants capable of being transformed into ammunition factories, with plans for such transformation 1604 Board on Mobilization of Indus- tries Essential to Military Pre- paredness 1605 Board to investigate Govern- ment manufacture of arms, munitions, and equipment 1606 Procurement of gauges, dies, tools, drawings, etc., for man- ufacture of arms and ammu- nition 1607 Same — May be purchased with- out advertisement 1608 Same — Appropriation for pur- chase of, for manufacture of ammunition 1609 Same — Appropriation for pur- chase of, for manufacture of arms 1610 Same — ^Appropriation for pur- chase of, for manufacture of Field Artillery ammunition for National Guard Procurement of rights to inven- tions for control by radiody- namic energy of movement of torpedoes Same — Acquisition conditional on favorable report of board of Army and Navy officers Commissioner of Patents, in event of contract, to issue pat- ents to United States cover- ing the inventions, etc Same — Installation of one radio- dynamic torpedo unit, pro- vided rights are acquired Same — Inventions important to armament or defense of United States Council of National Defense- 1617- Composition and purpose of Same — Appointment, composi- tion, and duties of advisory commission Same — Duties of council Same — Rules and regulations for conduct of its work; or- ganization of subordinate bod- ies Same — Appropriation for inves- tigations of, annual and other reports by, etc Nitrate supply 1622- For manufacture of munitions of war, etc 885 Par. 1611 1612 1613 1614 1615 1616 1621 1617 1618 1019 1620 1621 1629 1622 886 MILITARY LAWS OF THE UNITED STATES. Par. Same — Acquisition of lands and materials for construction and operation of plants 1623 Same — Use and disposition of products of the plants 1624 Same — Employment of neces- sary officers or agents to carry out purposes of section 1625 Par. 1626 1627 Same — Appropriation for, to re- main available until expended- Same — Plants to be operated solely by the Government Funds appropriated for, may be raised by sale of Panama Canal bonds 1628 Same — Maturity of bonds 1629 PLANTS FOR MANUFACTURE OF ARMS, AMMUNITION AND SUPPLIES. 1600. Purchase of products of in time of actual or threatened war. — The President, in time of war or when war is imminent, is empowered, through the head of any department of the Govern- ment, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, associa- tion, company, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry. Sec 120^ Act of Jrnie S, 1916 {39 Stat, 213.) 1601. Same — On refusal of plant to flU orders Government may take possession,' penalty imposed on Tnanufacturers for noncompli- ance. — Compliance with all such orders for products or material shall be obligatory on any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof and shall take precedence over all other orders and contracts theretofore placed with such individual, firm, com- pany, association, corporation, or organized manufacturing industry, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any plant equipped for the manufacture of arms or ammunition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, association, company, corporation, or organized manufacturing in- dustry or the responsible head or heads thereof owning or operating any manufacturing plant, which, in the opinion of the Secretary of War shall be capable of being readily transformed into a plant for the manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall refuse to give to the United States such preference in the matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammuni- MILITARY LAWS OF THE UNITED STATES. 887 tion, or other supplies or equipment, at a reasonable price as deter- mined by the Secretary of War, then, and in either such case, the President, through the head of any department of the Government, in addition to the present authorized methods of purchase or pro- curement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or when war shall be imminent, such product or ma- terial as may be required, and any individual, firm, company, associa- tion, or corporation, or organized manufacturing industry, or the responsible head or heads thereof, failing to comply with the pro- visions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000. Id. 1602. Same — C OTn/pensation or rental for use of plant to he fair and just. — The compensation to be paid to any individual, firm, company, association, corporation, or organized manufacturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. Id. 1603. List of private arms and ammunition plants^ showing ca- pacity^ etc. — The Secretary of War shall also make, or cause to be made, a complete list of all privately owned plants in the United States equipped to manufacture arms or ammunition, or the com- ponent parts thereof. He shall obtain full and complete information regarding the kind of arms or ammunition, or the component parts thereof, manufactured or that can be manufactured by each such plant, the equipment in each plant, and the maximum capacity thereof. Id., 21^. 1604. Same — List of private manufacturing plants capable of being transformed into ammunition fa/itories., with plans for such trans forrrmtion. — He shall also prepare, or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into ammunition factories in time of war or when war shall be imminent; and as to all such plants the Secretary of War shall obtain full and complete information as to the equip- ment of each such plant, and he shall prepare comprehensive plans for transforming each such plant into an ammunition factory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted. Id. 1605. Board on Mobilization of Industries Essential to Military Preparedness. — The President is hereby authorized, in his discretion, to appoint a Board on Mobilization of Industries Essential for Mill- ^88 MILITARY LAWS OF THE UNITED STATES. tary Preparedness, nonpartisan in character, and to take all neces- sary steps to provide for such clerical assistance as he may deem necessary to organize and coordinate the work hereinbefore de- scribed. Id. 1606. Board to investigate GovernTnent manufacture of arms^ mu- nitions^ and equipment — The Secretary of War is hereby authorized to appoint a board of five citizens, two of whom shall be civilians and three of whom shall be officers of the Army, to investigate and report to him the feasibility, desirability, and practicability of the Government manufacturing arms, munitions, and equipment, show- ing in said report the comparative prices of the arms, munitions, and equipment manufactured in Government plants and those manufac- tured in private plants, the amount of money necessary to build and operate Government plants for the manufacture of arms, munitions, and equipment; showing also what the Government plants and arsenals are now doing in the way of manufacturing arms, munitions, and equipment, and what saving has accrued to the Government by reason of its having manufactured a large part of its own arms, munitions, and equipment for the last four years. And the Secre- tary of War is hereby directed to transmit said report to Congress on or before January first, jiineteen hundred and seventeen. Sec, 121, id. 1607. Procurement of gauges, dies, tools, drawings, etc., for m^anu- facture of arms and ammiunition. — The Secretary of War be, and he is hereby, authorized to prepare or cause to be prepared, to purchase or otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings, as may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and special equipment necessary to arm and equip the land forces likely to be required by the United States in time of war. Sec. 123, id. 216. 1608. Bam^e — May he purchased without advertisernent. — In the expenditure of any sums appropriated to carry out the purposes of this section the existing laws prescribing competition in the pro- curement of supplies by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service. Id. 1609. Same — Appropriation for purchase of for m^anufacture of ammunition. — That $250,000 of this appropriation^ may be used to procure gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings necessary ^The appropriation referred to is $10,000,000 for tlie manufacture and purchase of ammunition for small arms. MILITAEY LAWS OF THE UNITED STATES. 889 for the manufacture by the Government and by private manufactur- ers of ammunition necessary for the use of the land forces of the United States in time of war, and in the purchase of lots of ammuni- tion to complete the object of this proviso the existing laws prescrib- ing competition in the procurement of supplies by purchase shall not govern in orders not to exceed $50,000 in any one case. Adt of Aug. 29,1916 {39 Stat. 6 Ji^). 1610. SttTne — Affvofricvtion for purchase of for Tnanufacture of aTTThs. — That $200,000 of this appropriation ^ may be used to procure gauges, dies, jigs, tools, fixtures, and other special aids and appli- ances, including specifications and detailed drawings, necessary for the manufacture by private manufacturers, of arms necessary to arm the land forces likely to be required by the United States in time of war, and in the purchase of lots of arms to complete the object of this proviso the existing laws prescribing competition in the procure- ment of supplies by purchase shall not govern in orders not to exceed $50,000 in any one case. Id. 61^3. 1611. Same — Appropriation for purchase of for manufacture of Field Artillery amvnumtion for National Guard. — Not more than $200,000 of this appropriation ^ may be used to procure gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings necessary for the manufacture by private manufacturers of Field Artillery ammunition necessary for the use of the land forces of the United States in time of war, and in the purchase of lots of ammunition to complete the object of this proviso the existing laws prescribing competition in the pro- curement of supplies by purchase shall not govern in orders not to exceed $50,000 in any one case. Id. 64i. 1612. Procurement of rights to inventions for control by radio- dynamic energy of movement of torpedoes. — For the procurement of the exclusive rights of John Hays Hammond, junior, and the Radio Engineering Company of New York (Incorporated) to their dis- coveries and inventions in the art of control by radiodynamic energy of the movement of water-borne carriers of high explosives, in accordance with a proposal heretofore made by said John Hays Hammond, junior, and said company, known as proposal Z, $750,000. Act of July 6, 1916 {39 Stat, 31^7.) 1613. Same — Acquisition conditional on favorable report of hoard of Army and Navy officers. — Said sum shall not be paid except upon the approval by the President of a report of a board of three Army and three Navy officers, to be appointed by him, which report shall *The appropriation referred to is $5,000,000 for the manufacture of arms. ^The appropriation referred to is $10,000,000 for Field Artillery ammunition for the National Guard. 890 MILITARY LAWS OF THE UNITED STATES. be favorable to the acquisition of such rights, such report to be made after a demonstration of the application of the said system to the control of torpedoes ; and, to provide for such demonstration, $30,000 of the sum so appropriated, or so much thereof as may be necessary for the purpose, may be applied to the expense of conducting the same exclusive of the services of said Hammond, which services shall be rendered free* of charge, the amount so applied and which shall be immediately available, in the event of the purchase of such rights, to be considered as part payment of the purchase price of the same. Id, 1614. Commissioner of Patents^ in event of contract,, to issue pat- ents to United /States covering the invention,, etc, — The Commissioner of Patents is authorized and directed, in the event of the entrance by the Government into a contract with the above-mentioned parties for the purchase of such rights in all instances where it would grant patents to John Hays Hammond, junior, or to the Radio Engineering Company upon request of the United States to issue said patents to the United States, and, in the event of said contract being made, the Commissioner of Patents is further authorized and directed to keep applications for such patents in the secret archives of the Patent Office, not open to disclosure even in cases of interferences. Id. 1615. Sarne — Installation of one radiodynamic torpedo unit, pro- vided rights are acquired. — For procurement and installation of one radiodynamic torpedo unit, $417,000 : Provided, That no part of said sum shall be so expended unless the United States shall first acquire as heretofore provided the rights of the said John Hays Hammond, junior, and the Eadio Engineering Company of New York. Id. 31^8. 1616. Same — Inventions iTYiportant to the armament or defenses of the United States. — Section forty-eight hundred and ninety-four of the Revised Statutes is amended so as to read as follows : "All applications for patents shall be completed and prepared for examination within one year after the filing of the application, and in default thereof, or upon failure of the applicant to prosecute the same within one year after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner of Patents that such delay was unavoidable : Provided, hoioever, That no application shall be regarded as abandoned which has become the property of the Government of the United States and with respect to which the head of any department of the Govern- ment shall have certified to the Commissioner of Patents, within a period of three years, that the invention disclosed therein is im- portant to the armament or defense of the United States : Provided further, That within ninety days, and not less than thirty days, MILITARY LAWS OF THE UNITED STATES. 891 before the expiration of any such three-year period the Commis- sioner of Patents shall, in writing, notify the head of the department interested in any pending application for patent, of the approaching expiration of the three-year period within which any application for patent shall have been pending." Sec, JiB9Jf^ E. /S., as amended hy Act of July 6, 1916 {39 Stat. 3Jf8), COUNCIL OF NATIONAL DEFENSE. 1617. Composition and purpose of. — A Council of National De- fense is hereby established, for the coordination of industries and re- sources for the national security and welfare, to consist of the Secre- tary of War, the Secretary of the Navy, the Secretary of the Inte- rior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor. Sec. 2, Act of Aug. 29, 1916 {39 Stat. 649). 1618. Same — Appointment., com^position, and duties of an advisory commission. — The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commis- sion, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the devel- opment of some natural resource, or be otherwise specially qualified, in the opinion of the eouncil, for the performance of the duties here- inafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining; to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. Id. 1619. Same — Duties of council. — It shall be the duty of the Coun- cil of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the fron- tier of the United States so as to render possible expeditious concen- tration of troops and supplies to points of defense ; the coordination of military, industrial, and commercial purposes in the location of ex- tensive highways and branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for de- fense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the inter- ruption of foreign commerce ; the development of seagoing transpor- tation; data as to amounts, location, method and means of produc- tion, and availability of military supplies ; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements 892 MILITAKY LAWS OF THE UNITED STATES. relating thereto, and the creation of relations which will render pos- sible in time of- need the immediate concentration and utilization of the resources of the Nation. Id. 1620. Carrie — Rules and regulations for conduct of its worh; or- ganization of subordinate todies. — The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the Presi- dent, and shall provide for the work of the advisory commission to the end that the special laiowledge of such commission may be de- veloped by suitable investigation, research, and inquiry and made available in conference and report for the use of the council ; and the council may organize subordinate bodies for its assistance in special investigations, either by the emplojrment of experts or by the crea- tion of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so em- ployed. Id, 650. 1621. Same — Appropriation for investigations of^ annual and other reports hy^ etc. — The sum of $200,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treas- ury not otherwise appropriated, to be immediately available for experimental work and investigations undertaken by the council, by the advisory commission, or subordinate bodies, for the employ- ment of a director, expert and clerical expenses and supplies, and for the necessary expenses of members of the advisory commission or subordinate bodies going to and attending meetings of the com- mission or subordinate bodies. Eeports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a state- ment of the activities of the council and the agencies subordinate to it as is consistent with the public interest, including an itemized account of the expenditures made by the council or authorized by it, in as full detail as the public interest will permit : Provided^ however^ That when deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures and report the gross sums so authorized not itemized. Id. NITRATE SUPPLY. 1622. For manufacture of munitions of war^ etc. — The President of the United States is hereby authorized and empowered to make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the MILITARY LAWS OF THE UNITED STATES. 893 production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use ; and is also hereby authorized and empowered to designate for the exclusive use of the United States, if in his judg- ment such means is best and cheapest, such site or sites, upon any navigable or nonnavigable river or rivers or upon the public lands, as in his opinion will be necessary for carrying out the purposes of this Act ; and is further authorized to construct, maintain, and oper- ate, at or on any site or sites so designated, dams, locks, improve- ments to navigation, power houses, and other plants and equip- ment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of elec- trical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. Sec. 12 ^^ Act of June 3^ 1916 {39 Stated). 1623. Same — Acquisition of lands and materials for construction and operation of plants. — The President is authorized to lease, pur- chase, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants, and to take from any lands of the United States, or to purchase or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. Id. 1624. Same — Use and disposition of products of the plants. — The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe Id. 1625. Same — Employment of necessary officers or agents to carry out purposes of section. — The President is hereby authorized and empowered to employ such officers, agents, or agencies as may in his discretion be necessary to enable him to carry out the purposes herein specified, and to authorize and require such officers, agents, or agen- cies to perform any and all of the duties imposed upon him by the provisions hereof. Id. 1626. Sarrbe — Appropriation for^ to remain available until ex- pended. — ^The sum of $20,000,000 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, available until expended, to enable the President of the United States to carry out the purposes herein provided for. Id, 894 MILITARY LAWS OF THE UNITED STATES. 1627. Bame — Plants to he operated solely hy the Government, — • The plant or plants provided for under this Act shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital. Id. 1628. Funds appropriated for^ may he raised hy sale of Panama Canal honds. — In order to raise the money appropriated by this Act and necessary to darry its provisions into effect, the Secretary of the Treasury, upon the request of the President of the United States, may issue and sell, or use for such purpose or construction herein- above authorized, any of the bonds of the United States now avail- able in the Treasury of the United States under the Act of August fifth, nineteen hundred and nine, the Act of February fourth, nine- teen hundred and ten, and the Act of March second, nineteen hun- dred and eleven, relating to the issue of bonds for the construction of the Panama Canal, to a total amount not to exceed $20,000,000. Id. 1629. Same — Maturity of honds. — Any Panama Canal bonds issued and sold or used under the provisions of this section may be made payable at such time after issue as the Secretary of the Treasury, in his discretion, may deem advisable, and fix, instead of fifty years after date of issue, as in said Act of August fifth, nineteen hundred and nine, not exceeding fifty years. Id. 216, TABLE OF STATUTES AT LARGE AND OF THE REVISED STATUTES CITED HEREIN, WITH THE PARAGRAPHS NOTED IN WHICH THE CITATIONS OCCUR. STATUTES AT LARGE. Par. 1863, Mar. 3, sec. 6 (12 Stat., 751 )_ 1013 1S66, June 27, sec. 1 (14 Stat., 74) _ 307 1872, May 28, sec. 1 (17 Stat., 164), as amended by act of Mar. 3, 1879 (20 Stat., 353) 783 1874, Feb. 4 (18 Stat., 14) 127 1874, Mar. 4 (18 Stat., 19) 145 1874, Mar. 5, sec. 15 (18 Stat., 19- 20), amending sees. 391 and 392, Revised Statutes 249, 250 1874, Mar. 7 (18 Stat, 20) 128 1874, Apr. 20 : (18 Stat., 33) 412, 461 Sec. 2 (18 Stat., 33) 413, 462 1874, May 21 (18 Stat., 48) 475 1874, June 6 (18 Stat., 60) 472, 1116 1874, June 20: (18 Stat., 101) 161 (18 Stat., 96, 109, 111), amend- ing sec. 3669, Revised Stat- utes 86 Sec. 2 (18 Stat, 113) 308, 310 Sec. 3 (18 Stat, 113) 311 See. 5 (18 Stat, 110) 192 1874, .Tune 22 (18 Stat, 144) 118 1874, June 23 : (18 Stat, 282) 857c Sec. 1 (18 Stat, 244) 459f Sec. 5 (18 Stat, 245) 810 1874, Dec. 28 (18 Stat, 293) 312 1875, Mar. 1 (18 Stat, 337) 324 1875, Mar. 3: (18 Stat, 360-361), amending sec. 169, Revised Statutes 25 (18 Stat, 355, 370), amending sec. 3669, Revised Statutes— 86 (18 Stat., 370), amending sec. 3960, Revised Statutes 93 (18 Stat, 481) 239 (18 Stat, 410) 607 (18 Stat, 388) 838 (18 Stat, 455) 865 (18 Stat, 466) 1108a (18 Stat, 467) 1128 (18 Stat, 395) 1193 Sec. 2 (18 Stat, 455) 1234 Sec. 2 (18 Stat, 512) 985 Sec. 4 (18 Stat, 399) 866 1876, Mar. 23 (19 Stat, 8), as amended' by act of Mar. 3, 1891 (26 Stat., llOJi) 782 Par. 1876, June 30, sec. 5 (19 Stat, 64 )_ 414 1876, July 24 (19 Stat, 99) 1302 1876, July 29 (19 Stat, 102) 662 1876, July 31 (19 Stat, 105) 1203 1876, Aug. 7 (19 Stat, 126) 11^6 1876, Aug. 12 (19 Stat., 131), amend- ing sec. 1276, Revised Statutes— 696 1876, Aug. 15; (19 Stat, 169) 41 (19 Stat., 169), amending sec. 163, Revised Statutes 43 (19 Stat, 200), amending sec. 3669, Revised Statutes 86 Sec. 1 (19 Stat, 203), amend- ing sec. 4787, Revised Stat- utes 782 Sec. 5 (19 Stat, 169) 27 1877, Feb. 25 (19 Stat, 242), amend- ing sec. 1132, Revised Statutes— 146 1877, Feb. 27: (19 Stat, 249), amending sec. 3663, Revised Statutes 97 (19 Stat, 249), amending sec. 3672, Revised Statutes 100 (19 Stat, 241), amending sec. 197, Revised Statutes 109 (19 Stat, 241), amending sec. 215, Revised Statutes 144 (19 Stat., 242), amending sec. 1139, Revised Statutes 1259^ (19 Stat, 249), amending sec. 3622, Revised Statutes 415 (19 Stat, 242), amending sec. 1167, Revised Statutes 835 (19 Stat, 243), amending sec. 1224, Revised Statutes 996 (19 Stat., 252), amending sec. 4787, Revised Statutes 782 1877, Feb. 28 (19 Stat, 264) 1487 1877, Mar. 2, sec. 4 (19 Stat, 269), as amended by act of Mar. 9, 1878 (20 Stat, 27) 318 1877, Mar. 3: (19 Stat, 306) 80 (19 Stat, 370) 119 Sec. 5 (19 Stat, 335) 252 Sec. 6 (19 Stat, 336) 254 1878, Mar. 9 (20 Stat, 27), amend- ing sec. 4, act of Mar. 2, 1877) (19 Stat, 269) 318 1878, Apr. 10 (20 Stat, 36) 1206 895 896 MILITARY LAWS OF THE UNITED STATES. 1878, June 18: Par. Sec. 2 (20 Stat., 149) 326 Sec. 7 (20 Stat., 150) 655 Sec. 8 (20 Stat., 150) 554 Sec. 15 (20 Stat., 152) 1480 1878, June SO (20 Stat., 216) 1202 1879, Feb. 3 (20 Stat., 281) __ 1306, 1307 1879, Mar. 3: (20 Stat, 389, 412) 487, 847 (20 Stat., 353), amending sec. 1, act of May 28, 1872 (17 Stat., 164) 783 Sec. 9 (20 Stat., 358) 251 1870, June 23: (21 Stat, 31) 670 Sec. 4 (21 Stat, 34), amend- ing sec. 1336, Revised Stat- utes 1125 Sec. 8 (21 Stat, 35) 364 1880, May 4 (21 Stat., 113) 949 1880, May 11, sec. 4 (21 Stat, 132) _ 1413 1S80, June 1 (21 Stat, 153) 1116 1881. Jan. 21 (21 Stat, 317) 1204 1881, Jan. 31 : Sec. 2 (21 Stat, 604) 1011 Sec. 3 (21 Stat, 604) 1012 1881, Feb. 24 (23 Stat, 346) 656 1881, Feb. 24 (23 Stat, 347) 557 1881, Mar. 3 (21 Stat., 468) 837 1882, June 30: (22 Stat, 118), amending sec. 1190, Revised Statutes • 629 (22 Stat, 122, 118, 118, 123) _ 869, 964, 998, 1136a Sec. 3 (22 Stat, 122) 723 1882, Aug. 5: (22 Stat, 241, 299) 120,854a Sec. 4 (22 Stat, 255) 28,29 1882, Aug. 7 (22 Stat, 345) 1496 1883, Jan. 16, sec. 7 (22 Stat, 406) _ 166 1883, Mar. 3 : (22 Stat, 552, 553, 456, 625, 616, 457, 457, 488, 627, 453) _ 99, 154, 675, 863, 898, 965, 1004, 1207, 1300, 1488 Sec. 1 (22 Stat, 564) 1504 Sec. 2 (22 Stat, 563) 126 Sec. 3 (22 Stat, 564) 1512 Sec. 4 (22 Stat, 564) 1520 Sec. 5 (22 Stat, 565) 1522 Sec. 6 (22 Stat, 565) 1518 Sec. 7 (22 Stat., 565) 1506 Sec. 8 (22 Stat, 565) 1510 Sec. 9 (22 Stat, 564) 1513 Sec. 10 (22 Stat., 565), amend- ing sec. 4815, Revised Stat- utes 1502 1884, May 1 (23 Stat, 17) 1195 1884, May 13, sec. 2 (23 Stat, 22 )_ 59 1884, July 4 (23 Stat, 94) 1408 1884, July 5: (23 Stat, 113, 111, 108, 111,- 112, 159, 110) 410, 532, 603, 730, 742, 841, 1235 (23 Stat., 109), as amended by acts of July 8, 1898 (30 Stat, 728), and Feb. 2, 1901 31 Stat, 751) 514 1884, July 5 — Continued. Par. (23 Stat., 109), as amended by act of Mar. 2, 1901 (31 Stat, 907) 538 (23 Stat., 110), as amended by act of Mar. 2, 1885 (23 Stat., 359) 563 23 Stat., 110), amending sec. 1287, Revised Statutes 562 Sec. 1 (23 Stat, 159, 103)_ 852,1281 Sec. 2 (23 Stat, 113, 159)__ 467,851 Sec. 3 (23 Stat, 158) 255,256 Sec. 6 (23 Stat, 104) 1284 1884, July 7, sec. 2 (23 Stat, 254) _ 92,216 1885, Feb. 25, sec. 5 (23 Stat, 322) _ 1318 1885, Mar. 2 (23 Stat., 359), amend- ing act of July 5, 1884 (23 Stat, 110) 563 1885, Mar. 3: (23 Stat, 350, 502) 217,868 (23 Stat., 359), amending sec. 1287, Revised Statutes 562 1886, Jan. 19, sec. 1 (24 Stat, 1)— 5 1886, Jan. 19, sec. 2 (24 Stat, 1)— 6 1886, May 17 (24 Stat, 50), amend- ing sec. 1213, Revised Statutes.. 1154 1886, May 20, sees. 1 and 2 (24 Stat, 69) 1161 1886, Dec. 20 (24 Stat, 351) 1156 1887, Jan. 29 (24 Stat, 372) 1186 1887, Mar. 1: (24 Stat, 435) 756 Sec. 2 (24 Stat, 435), as amend- ed by act of Mar. 16, 1896 (29 Stat, 61) 758 Sec. 3 (24 Stat, 435) 764 Sec. 4 (24 Stat., 435) 760 Sec. 5 (24 Stat, 435) 766,10.37 Sec. 7 (24 Stat, 435) 767 1888, May 1 (25 Stat., 112) 1178 1888, Aug. 1 : Sec. 1 (25 Stat, 357) 1276 Sec. 2 (25 Stat, 357) 1277 1888, Aug. 8: (25 Btat, 387)-— 397 Sec. 2 (25 Stat, 387) 398 1888, Sept 22 (25 Stat., 486, 489) _ 537, 870 1888, Sept 26 (25 Stat., 491) 943 1888, Sept 26 (25 Stat, 492) 951 1888, Oct 12 (25 Stat, 552)... 894,901 1889, Feb. 8 (25 Stat., 657) 160 1889, Feb. 16 (25 Stat, 672) 132 1889, Mar. 1 : Sec. 6 (25 Stat, 773) 1371 Sec. 7 (25 Stat, 773) 1372 Sec. 9 (25 Stat, 773) 1373 Sec. 49 (25 Stat., 779) 1331a 1889, Mar. 2: (25 Stat, 831) 578 Sec. 1 (25 Stat, 869), as amended by act of May 9, 1892 (27 Stat, 27) 443 Sec. 2 (25 Stat., 869), as amended by act of Mar. 2, 1891 (26 Stat, 824) 444 STATUTES CITED PIEREIN. 897 1889, Mar. 2 — Continued. Tar. Sec. .^ (25 Stat., 870), as amended by act of May 9, 1892 (27 Stat., 27) 445 Sec. 4 (25 Stat., 870) 446 Sec. 5 (25 Stat., 870) 447,448 Sec. 6 (25 Stat., 870) 449 Sec. 7 (25 Stat., 870) 450 Sec. 8 (25 Stat., 870) 451,452 Sec. 9 (25 Stat., 871) 453 1890, Feb. 27: Sec. 1 (26 Stat, 13) 1000 Sec. 2 (26 Stat., 13) 1002 Sec. 3 (26 Stat., 14) 1003 1890, Mar. 4 (26 Stat., 16) 1490 1890, Mar. 5 (26 Stat., 17) 142 1890, Apr. 9 : Sec. 1 (26 Stat., 50) 319 Sec. 3 (26 Stat., 50) '320 1890, June 13 (26 Stat., 152, 156). 3 2.37, 1358a 1890, June 16: Sec. 3 (26 Stat., 158) 1056 Sec. 4 (26 Stat., 158) 1043 1890, June 20 (26 Stat., 167) 1168 1890, July 11, sec. 2 (26 Stat., 268) _ 103 1890, Aug. 18 (26 Stat., 316) ___ 802,804 1890, Aug. 29 (26 Stat., 371) 57,58 1890, Aug. 30 (26 Stat., 411) 107 1890, Sept. 19 : Sec. 2 (26 Stat., 452) 1210 Sec. 15 (26 Stat., 456) 675a 1890, Sept. 30 (26 Stat., 504) __ 713,1039 1890, Oct. 1: Sec. 7 (26 Stat., 654) amend- ing sec. 1207, Revised Stat- utes 386 Sec. 1 (26 Stat., 562) 927 Sec. 2 (26 Stat., 653, 562) 893, 896, 926, 935 Sec. 3 (26 Stat., 562) 930,931 Sec. 7 (26 Stat., 653) 884 Sec. 9 (26 Stat., 646), amend- ing sec. 237, Revised Statutes. 195 1891, Jan. 16 (26 Stat., 718) 1511 1891, Jan. 19 : Sec. 4, (26 Stat., 721) 1240 (26 Stat., 722), amending sec. 1346, Revised Statutes 478 (26 Stat., 722), amending sec. 1348, Revised Statutes 479 1891, Feb. 6 (26 Stat., 733), amend- ing sec. 180, Revised Statutes- 16 1891, Feb. 9, sec. 2 (26 Stat., 737) __ 719 1891, Feb. 16 : (26 Stat., 763), amending sec. 1258, Revised Statutes 966 (26 Stat., 763) 967 1891, Feb. 24 (26 Stat., 773, 769, 769, 769) 460,827,873,12,39 1891, Feb. 28 (26 Stat., 797) 1523 1891, Mar. 2 (26 Stat., 824), amend- ing sec. 2, act of Mar. 2, 1889 (25 Stat., 869) 444 92061°— 17 57 Par. 1891, Mar. 3 : (26 Stat., 1103), amending sec. 4787, Revised Statutes 782 (26 Stat., 872, 1082) 1493 1892, Mar. 29 (27 Stat., 12), amend- ing sec. 1216, Revised Statutes— 1018 1892, May 9 : (27 Stat., 27) 432,438 (27 Stat., 27), amending sec. 1, act of Mar. 2, 1889 (25 Statrr - 869) '__ 443 (27 Stat., 27), amending sec. 3, act of Mar. 2, 1889 (25 Stat., 870) 445 1892, May 10, sec. 4 (27 Stat., 28) __ 534 1892, July 13 (27 Stat., 120) 765,940 1892, July 14 (27 Stat., 149) 1491 1892, July 16 : (27 Stat., 178), amending sec. 1308, Revised Statutes 575 (27 Stat., 178, 178, 177, 178, 193) 518, 597, 694, 1294, 1509 1892, July 23 : (27 Stat., 260) 877 (27 Stat., 260), amending sec. 2139, Revised Statutes 1403 Sec. 6 (27 Stat, 263) 1180 1892, July 27 : Sec. 1 (27 Stat, 276) 932 Sec. 3 (27 Stat, 277) 741 Sec. 3 (27 Stat, 278) 1033 Sec. 4 (27 Stat, 278) 473 1892, July 27 (27 Stat., 321) 1279 1892, July 30 : (27 Stat, 336) 920 See. 2 (27 Stat, 336) 921 Sec. 3 (27 Stat, 336) 922,923 Sec. 4 (27 Stat, 336) 924 1892, Aug. 1 : Sec. 1 (27 Stat, 340) 1219 Sec. 2 (27 Stat, 340) 1220 Sec. 3 (27 Stat, 340) 1221 1893, Feb. 18 (27 Stat, 461) 874 1893, Feb. 27 : (27 Stat, 484, 484, 480, 479, 480, 480, 484, 484) 546 550, 552, 62T, 672, 673, 762, 1291 Sees. 3 and 4 (27 Stat., 478) ___ 322 1893, Mar. 1 (27 Stat, 515, 520) _ 1117, 1178 1893, Mar. 3 : (27 Stat, 653) 463 Sec. 3 (27 Stat, 715) 122 Sec. 4 (27 Stat, 715) 123 1893, Nov. 3 (28 Stat., 7) 944 1894, Mar. 29 : (28 Stat., 47), amending sec. 1221, Revised Statutes 573 Sec. 1 (28 Stat, 47) 1256 Sec. 2 (28 Stat, 47) 1257 Sec. 3 (28 Stat, 47) 1258 Sees. 4 and 5 (28 Stat, 47) 12.59 1894, June 28 (28 Stat, 96) 56 1894, July 26 (28 Stat, 124, 151)- 1065, 1130 898 MILITARY LAWS OF THE UNITED STATES. 1894, July 31 : Par. (28 Stat., 209), amending sec. 3622, Revised Statutes 415 (28 Stat., 210), amending sec. 3743, Revised Statutes 1216 Sec. 2 (28 Stat., 205) 169,990 Sec. 4 (28 Stat, 205), amend- ing sec. 3624, Revised Stat- utes 203 Sec. 5 (28 Stat., 206) .200 Sec. 6 (28 Stat., 206) 201 Sec. 7 (28 Stat., 206), amending see. 278, Revised Statutes— 205, 213 Sec. 8 (28 Stat., 206) _ 202, 208,209, 210 Sec. 11 (28 Stat., 209), amending sec. 305, Revised Statutes— 179, 237 Sec. 12 (28 Stat., 209), as amend- ed by act of Mar. 2, 1901 (31 Stat, 910) 196 Sec. 17 (28 Stat, 210), as amend- ed by sec. 10, act of Mar. 2, 1895 (28 Stat, 809) 246 Amending sec. 886, Revised Stat- utes__- 247 Sec. 22 (28 Stat, 210) 197 Sec. 23 (28 Stat, 211) 211 1894, Aug. 1 : (28 Stat, 215) 876 Sec. 2 (28 Stat, 216), as amend- ed by sec. 4, act of Mar. 2, 1899 (30 Stat, 978) 1029,1030 1894, Aug. 6 (28 Stat, 237, 237, 236, 235) 677, 688, 727, 950 1894, Aug. 13 : (28 Stat, 278), as amended by act of Feb. 24, 1905 (33 Stat., 812) 1217 (28 Stat, 279) 389 Sec. 2 (28 Stat, 279) 390 1894, Aug. 18 (28 Stat., 403, 412, 406) ^— 440, 463i, 13.52 1895, Jan. 12 : Sec. 73 (28 Stat, 618, 615) __ 111,321 Sec. 98 (28 Stat, 624) 125,1173 1895, Jan. 16 (28 Stat, 630) 1116a 1895, Feb. 12 (28 Stat, 658) 589 1895, Mar. 2 : ' (28 Stat, 933, 814) 133,454 Sec. 5 (28 Stat, 807, 808) 394, 395, 396 Sec. 6 (28 Stat, 808), amending sec. 3711, Revised Statutes— 1242 Sec. 7 (28 Stat, 808) 102 Sec. 10 (28 Stat, 809), amend- ing sec. 17, act of July 31, 1894 (28 Stat, 210) 246 Sec. 10 (28 Stat, 809), amend- ing sec. 886, Revised Statutes. 247 1896, Feb. 18 (29 Stat, 8) 1133 1896, Mar. 6 (29 Stat, 49) 1177 1896, Mar. 16 : (29 Stat, 60, 62) 707, 715 (29 Stat, 61), amending sec. 2, act of Mar. 1, 1887 (24 Stat., 435) 758 1896, Mar. 28 (29 Stat, 75) 925 1896, May 15 : Par. (29 Stat, 120) 1296 Sec. 2 (29 Stat, 121) 1297,1298 1896, May 22 (29 Stat, 133) 849 1896, May 28 : (29 Stat, 148) 411 Sec. 3 (29 Stat., 179), amending sec. 166, Revised Statutes—- 34 Sec. 4 (29 Stat, 179) 199 Sec. 5 (29 Stat., 179), amending sec. 3621, Revised Statutes— 400 1896, June 3, sec. 7 (29 Stat., 235)- 799 1896, June 8 (29 Stat., 268) 406- 1897, Jan. 26 (29 Stat, 497) 458 1897, Jan. 30 (29 Stat, 506) 1404 1897, Feb. 4 (29 Stat, 511) 1008 1897, Feb. 19 (29 Stat, 550) 124 1897, Feb. 24 : Sec. 1 (29 Stat, 593) 455 Sec. 2 (29 Stat, 593) 456 Sec. 3 (29 Stat, 593) 457 1897, June 4 (30 Stat, 48) 98 1897, June 7 (30 Stat, 86) 84 1898, Mar. 15 : (30 Stat, 323, 326) 539,828 Sec. 3 (30 Stat, 316) 78 Sec. 5 (30 Stat, 316) 212 Sec. 6 (30 Stat., 316), amending sec. 3711, Revised Statutes— 1242 Sec. 7 (30 Stat, 316, 317) 48, 49, 50, 108 1898, Apr. 22 : Sec. 1 (30 Stat, 361) 327 Sec. 2 (30 Stat, 361) 328 Sec. 3 (30 Stat, 361) 330 Sec. 8 (30 Stat, 362) 439 Sec. 9 (30 Stat, 362) 357 Sec. 10 (30 Stat, 362)— 358,359,360 Sec. 12 (30 Stat, 363) 636 1898, Apr. 26 : Sec. 2 (30 Stat, 364) 928 Sec. 3 (30 Stat, 365) 892 See. 6 (30 Stat, 365)— 567, 705, 1054 Sec. 7 (30 Stat, 365) — _ 639 1898, May 28, sec. 1 (30 Stat, 421)^ 361 1898, June 6 (30 Stat, 432), amend- ing sec. 1757, Revised Statutes 60 1898, June 16 (30 Stat, 473) 1272 1898, June 18 : Sec. 2 (30 Stat, 484) 1057 1898, July 1 (30 Stat, 644, 573) _ 989, 1397 1898, July 7 (30 Stat, 653, 721, 720, 721) - 51, 650, 816 1898, July 8 : (30 Stat, 722) 1181 (30 Stat., 728), amending act of July 5, 1884 (23 Stat, 109) _ 514 1899, Feb. 24 : 30 Stat, 864 121 Sec. 4 (30 Stat., 890) 52 1899, Feb. 25 (30 Stat, 890) 149a 1899, Mar. 2 : Sec. 2 (30 Stat, 977) 1076 Sec. 4 (30 Stat, 978) 1099 Sec. 4 (30 Stat., 978), amending sec. 2, act of Aug. 1, 1894 (28 Stat, 216) 1029 STATUTES CITED HEREIN. 899 1899, Mar. 2 — Continued. Par. Sec. 7 (30 Stat., 079) 906,961 (30 Stat., 977), as amended by act of Feb. 2, 1901 (31 Stat., 748) 512 Sec. 16 (30 Stat, 981) 711 1899, Mar. 3 (30 Stat., 1073, 1380) _ 850, 1499 1900, Feb. 9 (31 Stat., 7), amending sec. 4843, Revised Statutes 1525 1900, Apr. 30, sec. 67 (31 Stat., 153) 1478 1900, May 25 (31 Stat., 186) 875 1900, May 26 (31 Stat., 211, 211, 206, 209, 209) __ 568, 640, 897, 1040, 1182 1900, June 6: (31 Stat., 658, 637, 624, 671, 618, 671) 182, 219, 549, 959, 1301, 1374 Sec. 4 (31 Stat., 656), amending sec. 1315, Revised Statutes— 1139 Sec. 29 (31 Stat., 330) 1477 1901, Feb. 1 (31 Stat., 746) 857 1901, Feb. 2 : (31 Stat, 748), amending act of Mar. 2, 1899 (30 Stat, 977)- 512 (31 Stat, 751), amending act of July 5, 1884 (23 Stat, 109) _ 514 Sec. 1 (31 Stat, 748) 331 Sec. 2 (31 Stat, 748) 1071 Sec. 2 (31 Stat, 748), as amended by act of Mar. 3, 1909 (35 Stat, 735) 1074 Sec. 2 (31 Stat, 748) 1075,1077 Sec. 3 (31 Stat, 748) 1081 Sec. 4 (31 Stat, 749) 1082 Sec. 10 (31 Stat, 750) 1095, 1097, 1098, 1100 Sec. 11 (31 Stat, 750) 790, 792, 793, 795, 796 Sec. 11 (31 Stat, 750), amending sec. 1156, Revised Statutes— 794 Sec. 12 (31 Stat, 750)— 902,912,913 Sec. 13 (31 Stat., 751) 431 Sec. 14 (31 Stat, 751)—^ 459 Sec. 15 (31 Stat, 751)— 465,468,469 Sec. 16 (31 Stat, 751) 507 Sec. 17 (31 Stat., 752), amending sec. 1140, Revised Statutes— 580 Sec. 18 (31 Stat, 752, 753) 738, 753, 754, 759, 761 Sec. 19 (31 Stat, 753) 772J, 769 Sec. 20 (31 Stat, 753) 544,1078 Sec. 21 (31 Stat, 754) 618 Sec. 22 (31 Stat, 754) 791 Sec. 24 (31 Stat, 754) 879,890 Sec. 25 (31 Stat, 754) 433 Sec. 26 (31 Stat, 755)— 373, 374, 376- 379, 509-511, 581-583, 616^618, 811-813, 885, 887, 888, 936, 973 Sec. 27 (31 Stat., 755) 383 Sec. 28 (31 Stat, 755, 756) 1101, 1102, 1103 Sec. 29 (31 Stat., 7o6) 332a Sec. 30 (31 Stat, 756) _ 333, 1044, 1105 Sec. 31 (31 Stat, 756) 704a Sec. 32 (31 Stat, 756) 933 Sec. 34 (31 Stat., 757) 1009 1901, Feb. 2— Continued. Par. Sec. 36 (31 Slat, 757) 332, 335, 336, 337, 338 Sec. 37 (31 Stat, 758) 341 Sec. 38 (31 Stat., 758) 1295 Sec. 40 (31 Stat, 758) 593 Sec. 41 (31 Stat, 758) 1023 1901, Feb. 15 (31 Stat, 790) 1282 1901, Feb. 26 (31 Stat, 810) 945,952 1901, Mar. 1 (31 Stat, 875) 871 1901, Mar. 2 : — - (31 Stat., 899, 906, 906, 904, 902, 901, 901, 903, 902, 902, 910, 910, 903, 901, 920, 905) _ 459. 540, 569, 611, 663, 671, 676, 683, 684, 687, 848, 872, 1046, 1078, 1176a, 1198 (31 Stat, 910), amending sec. 12, act of July 31, 1894 (28 Stat, 209) 196 (31 Stat., 907), amending act of July 5, 1884 (23 Stat,' 109) _ 538 (31 Stat, 902), amended by act of June 12, 1906 (34 Stat, 246) 686 (31 Stat., 914), amending sec. 1338, Revised Statutes 1131 (31 Stat, 911), amending sec. 1319, Revised Statutes 1147 1901, Mar. 3: (31 Stat, 1448), amending sec. 5153, Revised Statutes 182 (31 Stat, 1163) 1526 Sec. 5 (31 Stat, 1009) 87 1902, May 31 (32 Stat, 282) 1279a 1902, June 28 : (32 Stat, 481, 409, 410, 409, 464) 112,1126,1140,1152,1292 (32 Stat., 409), amending sec. 1339, Revised Statutes 1153 1902, June 30 (32 Stat, 509, 511, 516, 512, 508, 509) 380, 513, 548, 642, 664, 891 1902, July 1 : (32 Stat, 629) 1047 Sec. 4 (32 Stat, 729) 780 Sec. 5 (32 Stat, 713) 781 1903, Jan. 21 : Sec. 2 (32 Stat, 775) 1323,1324 Sec. 6 (32 Stat, 776) 1341 Sec. 9 (32 Stat, 776) 1342 Sec. 10 (32 Stat, 776) 1347 Sec. 12 (32 Stat, 776) 1335 Sec. 14 (32 Stat, 777) 1356 Sec. 17 (32 Stat., 778) 1354 Sec. 18 (32 Stat, 778) 1331 Sec. 21 (32 Stat, 779) 1360 Sec. 22 (32 Stat, 779) 1348 Sec. 25 (32 Stat, 780) 1320 1903, Jan. 30 : Sec. 1 (32 Stat, 783) 941 Sec. 2 (32 Stat, 783) 340 1903, Feb. 14: Sec. 1 (32 Stat, 830) 365 Sec. 2 (32 Stat., 831) 368 Sec. 3 (32 Stat., 831 )__ 366 Sec. 4 (32 Stat, 831) 369 900 MILITAEY LAWS OF THE UNITED STATES. Par. JL903, Feb. 25 (32 Stat., 885), amend- ing sec. 1167, Revised Statutes 834 1903, Feb. 28, sec. 1 (32 Stat., 920), amending sec. 4708 Revised Stat- utes 1501 1903, Mar. 2 (32 Stat., 938, 938, 934, 930, 932, 934, 930, 930, 932, 932, 932, 932, 1012, 944) 150, 151, 349, 659, 709, 757, 763, 768, 880, 881, 886, 957, 1118, 1489 1904, Apr. 21 : (33 Stat., 234, 225) 806,946 Sec. 1 (33 Stat., 226) 909 Sec. 2 (33 Stat., 226) 910 Sec. 3 (33 Stat., 226) 911,953 1904, Apr. 23 (33 Stat., 267) 628 1904, Apr. 23 (33 Stat, 266, 262, 261, 268, 266, 266, 273, 263, 276, 264, 264, 274, 264, 275) 342, 434, 585, 594, 739, 740, 775e, 784, 846, 958, 969, 1014, 1041, 1364 1904, Apr. 27 (33 Stat., 401) 435 1904, Apr. 28 (33 Stat., 518, 497, 498, 496) 152,803,1288,1299 1905, Jan. 5 : Sec. 6 (33 Stat., 602) 104a 1904, Dec. 20 (33 Stat., 595) 353a 1905, Feb. 3, sec. 4 (33 Stat.,, 687)— 82 1905, Feb. 24, (33 Stat., 812), amending act of Aug. 13, 1894 (28 Stat., 278) 1217 1905, Mar. 2 (33 Stat., 832, 840, 831, 836) 623, 845, 974, 1289 1905, Mar. 3 : (33 Stat., 1249, 850, 850) 113, 1117a, 1132 (33 Stat., 853), amending sec. 1111, Revised Statutes 1165 Sec. 1 (33 Stat., 1213, 986) _ 116, 1367 Sec. 2 (33 Stat., 987) 1368 Sec. 4 (33 Stat., 1257), amend- ing sec. 3679, Revised Stat- utes 188 1906, Feb. 27: (34 Stat., 49, 33) 37,1225 Sec. 3 (34 Stat., 48), amending sec. 3679, Revised Statutes— 188 1906, Mar. 15 (34 Stat, 62) 1025 1906, June 7 (34 Stat, 219) 105 1906, June 8 : Sec. 2 (34 Stat, 225) 1285 Sec. 3 (34 Stat, 225) 1286 Sec. 4 (34 Stat, 225) 1287 1906, June 12 : (34 Stat., 258, 250, 246, 248, 246, 247, 247, 246, 242, 248, 246, 256, 258, 256, 245, 258, 249) 417, 555, 576, 626, 678, 679, 682, 685, 704, 710, 716, 775f, 830, 904, 972, 1200, 1330 (34 Stat, 255), amending sec. 3732, Revised Statutes 1190 (34 Stat, 246), amending act of Mar. 2, 1901 (31 Stat, 902) _ 686 1906, June 19 : Sec. 1 (34 Stat, 299) 1463 Sec. 4 (34 Stat, 300) 1464 1906, June 22 : Tar. (34 Stat. 401) 12 (34 Stat., 449), amending sec. 192, Revised Statutes 76 (34 Stat., 418) 363 Sec. 1 (34 Stat, 449) 1351 Sec. 2 (34 Stat., 449) 1353 Sec. 3 (34 Stat., 450j 1358 Sec. 4 (34 Stat, 448, 450) _ 90, 91, 1359 Sec. 5 (34 Stat, 449) 36 Sec. 6 (34 Stat, 449) 30 1906, June 25 (34 Stat, 456, 455) _ 156,809 Sec. 2 (34 Stat., 455) 814 1906, June 29, sec. 2 (34 Stat., 587 )_ 525 1906, June 30 : (34 Stat, 817, 750) 954,1059 Sec. 2 (34 Stat, 762) 94 Sec. 4 (34 Stat, 669) 1226 Sec. 5 (34 Stat., 763) 101 Sec. 9 (34 Stat, 764) 189 1907, Jan. 25: Sec. 1 (34 Stat, 861) 1083 Sec. 2 (34 Stat, 861) 370 Sec. 3 (34 Stat., 861) 1087 Sec. 4 (34 Stat., 861) 1093 Sec. 5 (34 Stat., 861, 862) _ 1086, 1089 Sec. 6 (34 Stat, 862) 1088 Sec. 7 (34 Stat, 862) 1090,1094 Sec. 8 (34 Stat, 862) 1091 Sec. 9 (34 Stat, 863) 1084 Sec. 10 (34 Stat, 863) 1085 Sec. 11 (34 Stat, 863) 1092 Sec. 12 (34 Stat, 864) 903 1907, Mar. 2 : (34 Stat, 1162, 1162, 1160, 1158, 1169, 1170, 1168, 1167, 1166, 1066, 1166, 1165, 1166, 1159, 1171, 1169, 1217, 1163, 1172, 1062, 1159, 1163, 1160, 1063, 1063, 1167, 1166, 1174) _ 157, 158, 350, 436, 476, 528, 551, 556, 559, 564, 592, 595, 612, 647, 665, 668, 714, 755, 779, 861, 899, 970, 1104, 1119, 1149, 1169, 1188, 1365 Sees. 1 and 2 (34 Stat, 1217) _ 1038 1907, Mar. 2 (34 Stat, 1175) 831 1908, Apr. 19, sec. 1 (35 Stat., 64) _ 1498 1908, Apr. 23 : Sec. 1 (35 Stat, 66) 728 Sec. 2 (35 Stat, 66) 729 Sec. 3 (35 Stat, 67) 731,734 Sec. 4 (35 Stat, 67) 732 Sec. 5 (35 Stat, 67) 735 Sec. 6 (35 Stat, 68) 737 Sec. 7 (35 Stat, 68) 733,744,745 Sec. 8 (35 Stat, 68) 746 Sec. 9 (35 Stat, 68) 747,748 1908, May 11 : (35 Stat, 114, 108, 110, 114, 108, 114, 109, 109, 109, 110, 110, 110, 110, 110, 109, 110, 125, 125, 109, 109, 108, 108, 117, 122) 343,637,643, 645, 654, 681, 695, 697-702, 706, 708, 722, 829, 951c, 1034. 1035, 1061, 1153, 1350, 1527 STATUTES CITED HEREIN. 901 1908, May 11— Continued. Par. (35 Stat., 108) amending sec. 1261, Revised Statutes 635 1908, May 16 (35 Stat., 163) 339 1908, May 27: (35 Stat., 373) 1060 Sec. 1 (35 Stat., 392, 399) __ 344,1322 Sec. 2 (35 Stat , 392, 399-400. 345, 1325-1327, 1357 Sec. 3 (35 Stat., 392, 400) __ 346, 1339 Sec. 4 (35 Stat, 392, 400) 347, 1340, 1344, 1345 Sec. 5 (35 Stat., 392, 401 )__ 348, 1346 Sec. 6 (35 Stat., 401) 1343 Sec. 7 (35 Stat., 401) 1349 Sec. 8 (35 Stat., 401, 402) 1336, 1361-1363 Sec. 9 (35 Stat., 402) 1329 Sec. 10 (35 Stat., 402) 1334 Sec. 11 (35 Stat., 403) 1332, 1337, 1338 190S, May 28: (35 Stat., 431) ; 1166 (35 Stat., 430), amending sec. 1339, Revised Statutes 1153 (35 Stat., 441) 1143 Sec. 14 (35 Stat., 443) 839 1908, May 30: Sec. 1 (35 Stat., 556) 66 Sec. 2 (35 Stat., 556) 67 Sec. 3 (35 Stat., 556) 71 Sec. 4 (35 Stat., 556) 68 Sec. 5 (35 Stat, 556) 70 Sec. 6 (35 Stat, 556) 69 Sec. 7 (35 Stat., 556) 72 1909, Feb. 18: Sec. 47 (35 Stat, 634) 1379 Sec. 50 (35 Stat, 634) 1466 Sec. 74 (35 Stat., 636) 1321 1909, Feb. 23: (35 Stat., 643), amending sec. 3647, Revised Statutes 245 (35 Stat., 643), amending sec. 3646, Revised Statutes 245 1909, Mar. 3: (35 Stat, 735), amending sec. 2, act of Feb. 2, 1901 (31 Stat, 748) 1074 (35 Stat, 747, 746, 737, 751, 750, 751, 751, 732, 738, 735, 730, 733, 745, 750, 751) 523, 704b, 736, 815, 832, 843, 844, 878, 947, 955a, 1062, 1099a, 1183, 1366 1909, Mar. 4 : (35 Stat, 1021, 1003, 1004, 1028) 115, 477, 547, 1123 Sec. 8 (35 Stat, 1027) 24 Sec. 9 (35 Stat, 1027) 40S Sec. 47 (35 Stat, 1075) 1075 Criminal Code — Sec. 9 (35 Stat, 1089) 1467 Sec. 10 (35 Stat, 1089) ___ 1468 Sec. 11 (35 Stat, 1090) ___ 1469 Sec. 12 (35 Stat., 1090) _— 1470 Sec. 13 (35 Stat, 1090) ___ 1471 Sec. 14 (35 Stat. 1090) ___ 1472 1909, Mar. 4 — Continued. Par. Crimina Code— Coutinued. Sec. 15 (35 Stat, 1091)___ 1473 Sec. 18 (35 Stat., 1091) ___ 1471 Sec. 22 (35 Stat., 1092) ___ 1457 Sec. 23 (35 Stat., 1092) ___ 1458 Sec. 24 (35 Stat, 1092) ___ 1459 Sec. 25 (35 Stat, 1093) — 1460 Sec. 26 (35 Stat., 1093) ___ 1461 Sec. 28 (35 Stat., 1094)___ 131 Sec. 35 (35 Stat, 1095) -__- 220 Sec. 36 (35 Stat, 1096)___ 1264 Sec. 38 (35 Stat, 1096) ___ 1267 Sec. 39 (35 Stat, 1096) ___ 1251 Sec. 41 (35 Stat, 1097) ___ 1250 Sec. 42 (35 Stat, 1097) 1055 Sec. 43 (35 Stat, 1097) ___ 859 Sec. 44 (35 Stat, 1097)___ 1315 Sec. 45 (35 Stat, 1097) ___ 1317 Sec. 46 (35 Stat., 1097)___ 1265 Sec. 47 (35 Stat., 1097) ___ 1263 Sec. 48 (35 Stat., 1098) 1266 Sec. 50 (35 Stat, 1098) ___ 1311 Sec. 51 (35 Stat, 1098)___ 1312 Sec. 56 (35 Stat., 1099) ___ 1314 Sec. 57 (35 Stat, 1099) 1313 Sec. 60 (35 Stat, 1099) ___ 900 Sec. 85 (35 Stat, 1104)___ 1252 - Sec. 86 (35 Stat, 1105) 418 Sec. 87 (35 Stat, 1105) 419 See. 89 (35 Stat, 1105) ___ 420 Sec. 90 (35 Stat, fl05) 421 Sec. 91 (35 Stat, 1105)___ 422 Sec. 92 (35 Stat, 1105) 423 Sec. 93 (35 Stat, 1105) 424 Sec. 94 (35 Stat., 1106)___ 425 Sec. 95 (35 Stat., 1106) ___ 426 Sec. 96 (35 Stat., 1106) 42-^ Sec. 97 (35 Stat, 1106) ___ 428 Sec. 98 (35 Stat, 1106) ___ 1192 Sec. 101 (35 Stat , 1107)__ 110 Sec. loe (35 Stat , 1107)__ 429 Sec. 108 (35 Stat , 1107) — 430 Sec. 112 (35 Stat , 1108) __ 124b Sec. 113 (35 Stat , 1109) __ 1246 Sec. 114 (35 Stat , 1109) — 1247 Sec. 115 (35 Stat , 1109) __ 1248 Sec. 116 , (35 Stat , 1109) — 1249 Sec. 117 (35 Stat , 1109) — 1254 Sec. llg (35 Stat , 1110) — 172 Sec. 119 (35 Stat , 1110) — 173 Sec. 120 (35 Stat , 1110) — 174 Sec. 121 (35 Stat , 1110) — 175 Sec. 122 (35 Stat , 1110) — 176 Sec. 128 (35 Stat , 1111) — 129 Sec. 128 (35 Stat , 1112) — 130 Sec. 134 (35 Stat , 1113) — 1253 Sec. 201 (35 Stat , 1127) — 1465 Sec. 227 (35 Stat , 1134)__ 253 Sec. 286 (35 Stat , 1144) — 1316 1909, Aug. 5 (36 Stat, 125) 393 1910, Mar. 23 (36 Stat., 248, 241, 241, 257, i >55, 254, 252, 255, 245, 249, 261, 244) 159, ?91, 392, 522, 526, 558 , 560, 501. 703, 771, 826, 1187 902 MILITARY LAWS OF THE UNITED STATES. Par. 1910, Apr. 19 (36 Stat., 324, 324, 312, 312, 323, 323) 939, 455a, 1121, 1124, 1141, 1164 1910, Apr. 21 (36 Stat., 329) 1328 1910, May 27, sec. 1 (36 Stat., 443) _ 1376 1910, June 17, sec. 4 (36 Stat., 531 )_ 1197 1910, June 23, sec. 3 (36 Stat., 603) _ 1369 1910, June 24 (36 Stat., 628) 1228 1910, June 25: (36 Stat, 851) 299 Sec. 1 (36 Stat., 770, 721) 33,547a 1911, Jan. 19 (36 Stat., 894) 993 1911, Feb. 13 (36 Stat., 898), amend- ing sec. 183, Revised Statutes 64 1911, Feb. 27, sec. 5 (36 Stat., 957)- 785, 786 1911, Mar. 1 (36 Stat., 693) 1010 1911, Mar. 3: (36 Stat., 1037, 1045, 1051, 1051, 1051, 1051, 1040, 1047, 1044, 1044, 1044, 1039, 1056, 1054, 1054, 1054, 1054, 1054, 1045, 1058, 1057, 1049, 1042, 1016, 1019, 1045, 1057) 371, 508, 529, 530, 533, 535, 541, 604, 622, 630, 634, 641, 680, 750, 751, 752, 777, 778, 918, 929, 955, 1070, 1079, 1120, 1131a, 1333, 1370 Sec. 1 (36 Stat., 1084) 1317| Sec. 2 (36 Stat, 1085) 1317^ Sec. 3 (36 Stat, 1085) 13171 Judicial Code — Sec. 24, par. 20 (36 Stat., 1093) 278 Sec. 41 (36 Stat, 1100) ___ 300 Sec. 45 (36 Stat, 1100)— 301 Sec. 46 (36 Stat, 1100) ___ 302 Sec. 47 (36 Stat, 1100) ___ 303 Sec. 145 (36 Stat., 1136) __ 277 Sec. 146 (36 Stat, 1137) __ 279 Sec. 147 (36 Stat, 1137)— - 280 Sec. 152 (36 Stat, 1138) __ 298 Sec. 154 (36 Stat, 1138) __ 281 . _ Sec. 156 (36 Stat., 1139) __ 282 ' Sec. 159 (36 Stat., 1139)— 283 Sec. 164 (36 Stat, 1140) __ 284 Sec. 165 (36 Stat., 1140)— 285 Sec. 171 (36 Stat., 1141) __ 286 Sec. 173 (36 Stat., 1141) __ 287 Sec. 175 (36 Stat, 1141) __ 288 Sec. 176 (36 Stat., 1141)— 289 Sec. 177 (36 Stat., 1141 )__ 290 Sec. 178 (36 Stat, 1141) __ 291 Sec. 179 (36 Stat., 1141 )__ 292 Sec. 180 (36 Stat., 1141) __ 294 Sec. 181 (36 Stat., 1142) __ 295 Sec. 185 (36 Stat., 1142)— 293 Sec. 242 (36 Stat., 1157)— 296 Sec. 243 (36 Stat, 1157)— 297 1911, Mar. 4 : (36 Stat, 1355, 1348, 1344, 1354, 1288, 1253) 171, 749, 862, 971, 1229, 1283 1911, Dec. 22 (37 Stat., 49) 218a, 218b Par. 1912, Mar. 4 (37 Stat, 72) 772 1912, June 6 (37 Stat, 126) 1231 1912, June 14 (37 Stat, 133) 536 1912, June 19: Sec. 1 (37 Stat, 137) 1222 Sec. 2 (37 Stat, 138) 1223,1224 1912, June 26, sec. 8 (37 Stat., 184) _ 81 1912, July 17 (37 Stat, 193) 864 1912, July 25 (37 Stat, 218) 1227 1912, Aug. 9 (37 Stat., 264, 263, 252, 252, 252, 252, 252, 254, 257, 260)- 1108b, 1115, 1122, 1137, 1144, 1148, 1157, 1171, 1174, 1179 1912, Aug. 22: (37 Stat, 324, 355) 1048, 1230 (37 Stat., 356), amending sec. 1998, Revised Statutes 1052 1912, Aug. 23: Sec. 4 (37 Stat, 413)— 40 Sec. 5 (37 Stat, 414) 32 Sec. 6 (37 Stat, 414) 75 Sec. 7 (37 Stat, 414) 83 Sec. 8 (37 Stat, 414) 85 1912, Aug. 24: (37 Stat, 573, 586, 571, 581, 579, 575, 575, 576, 574, 576, 575, 589, 571, 645, 575, 576, 440, 575, 579, 519) 31, 162, 384, 542, 608, 631, 632, 644, 646, 721, 770, 842, 937, 1042, 1045, 1063, 1069, 1236, 1405 Sec. 2 (37 Stat, 590) . 1031 Sec. 3 (37 Stat, 591 )_ 495-498, 500-504 Sec. 4 (37 Stat, 593) 505 Sec. 5 (37 Stat, 594 367, 381 Sec. 6 (37 Stat, 555, 487, 594) 42,96,657 Sec. 7 (37 Stat., 487) — — 194 Sec. 8 (37 Stat, 487) 65 1913, Mar. 2 : (37 Stat., 707, 706, 723, 708, 706, 713, 715, 717, 714, 708, 710, 718, 705, 706, 713, 704, 719, 705, 721) 372, 385, 442, 466, 499, 521, 531, 553, 570, 633, 648, 776, 889, 938, 1058, 1183-1185, 1364d 1913, Mar. 3 (37 Stat, 726) 1232 1913, Mar. 4 : (37 Stat, 765, 764) , 818,895 Sec. 3 (37 Stat, 790) 39 Sec. 4 (37 Stat, 790) 35 1913, May 1 : Sec. 3 (38 Stat, 3) 99a 1913, June 23 : Sec. 3 (38 Stat, 75) 87a Sec. 5 (38 Stat., 75) 125a 1914, Apr. 6 (38 Stat, 335, 318) _ 81a, 680a 1914, Apr. 25: Sec. 1 (38 Stat, 347) 329,1382 Sec. 2 (38 Stat, 347) 1383 Sec. 3 (38 Stat, 347) 1384 Sec. 4 (38 Stat, 347) 1385 STATUTES CITED HEREIN. 903 1914, Apr. 25 — Continued. Par. Sec. 5 (38 Stat., 348) 1386 Sec. 6 (38 Stat., 348) 1387 Sec. 7 (38 Stat., 349) 1388 Sec. 8 (38 Stat., 349) 1389 Sec. 9 (38 Stat., 350) 1390 Sec. 10 (38 Stat., 350) 1391 Sec. 11 (38 Stat., 350) 1392 Sec. 12 (38 Stat., 351) 1393 Sec. 13 (38 Stat., 351) 1394 Sec. 14 (38 Stat, 351) 1395 1914, Apr. 27 (38 Stat., 354, 355, 356, 356, 356, 355, 362, 305, 363, 301, 361, 353, 366, 359, 369, 369, 361, 353, 353, 357, 354, 360, 370, 370, 360) 332g, 362, 375, 382, 501a, 506, 520, 527, 543, 588, 609, 666, 669, 689, 801, 808, 883, 901a, 938J, 1049, 1355, 954a, 954b, 1367a. 1914, July 6 (38 Stat., 454) 215a 1914, July 16: Sec. 5 (38 Stat., 508) 82a 1914, July 17 (38 Stat., 512)___951a-951b 1914, July 18: Sec. 1 (38 Stat., 514) 889a Sec. 2 (38 Stat., 514-515). 889b-889f Sec. 3 (38 Stat., 515-516)- 889g-889n 1914, Aug. 1 : (38 Stat., 629) 1294a Sec. 10 (38 Stat., 680) 96a Sec. 12 (38 Stat., 860) 35a 1915, Feb. 24 (38 Stat., 812) 813a 1915, Mar. 3 : (38 Stat., 889, 889) 825a-825b Sec. 3 (38 Stat., 886) 200a 1915, Mar. 4 : (38 Stat., 1077, 1078, 1070, 1070, 1070, 1067, 1067, 1084, 1074, 1074, 1066, 1066, 1079, 1072, 1078, 1069, 1009, 1063, 1078, 1065, 1080, 1080, 1080, 1212, 1084, 1083, 1064, 1082, 1068, 1068, 1068, 1068, 1069, 1084, 1063, 1128, 1136, 1136, 1137, 1078, 1073, 1071, 1071, 1072, 1083, 1065, 1083) 217a, 330a, 346a, 346b, 346c, 362a, 362b, 417a, 475a, 488b, 506a, 514a, 588a, 611a, 616a, 668a, 668b, 673a, 689a, 727a, 775a, 775g, 776a, 849a, 857a, 864a, 883a, 955b, 958a, 958b, 958c, 958d, 958e, 969a, 1083a, 1141a, 1158a, 1178a, 1178b, 1211a, 1236a, 1364a, 1364b, 1364c, 1364e, 1364f, 1507a. Sec. 2, par. 1 (38 Stat., 1084) _ 475b Sec. 2, par. 2 (38 Stat., 1084). 475c Sec. 2, par. 3 (38 Stat., 1085). 477a Sec. 2, par. 4 (38 Stat., 1085). 480a 1915, Mar. 4 — Continued. Par. Sec. 2, par. 5 (38 Stat, 1085). 481a Sec. 2, par. 6 (38 Stat, 1085). 481b Sec. 2, par. 7 (38 Stat., 1085) _ 488a Sec. 2, par. 8 (38 Stat, 1086) _ 476a Sec. 1 (38 Stat, 1190) 927a Sec. 2 (38 Stat, 1191) 927b Sec. 8 (38 Stat., 1191 )___ 927c-927d Sec. 5 (38 Stat, 1191 )___ 927e-927l Sec. 6 (38 Stat, 1191)^______ 927j Sec. 4 (38 Stat, 1161) 191a Sec. 5 (38 Stat., 996) 277a Sec. 5 (38 Stat, 1049 77a Sec. 5 (38 Stat, 1161) 75a 1915, Mar. 3 (38 Stat, 930-) 889v, 889w, 889x, 889y, 889z, 889aa 1916, Feb. 28 (39 Stat, 15)_____ 40b, 40c 1916, Mar. 21 (39 Stat, 37), amend- ing sec. 3647, Revised Statutes 245a 1916, Apr. 27: Sec. 1 (39 Stat, 53) 1014a Sec. 2 (39 Stat., 54) 1014b Sec. 3 (39 Stat, 54) 1014c, 1014d, 1014e, 1014f Sec. 4 (39 Stat, 54) 1014g 1916, May 4: Sec. 1 (39 Stat, 62)___ 1139a, 1141b Sec. 2 (39 Stat, 62) 1139b Sec. 3 (39 Stat, 62) 1139c 1916, May 10: (39 Stat, 76, 94, 108) 12a, 40d, 154a, 154b, 154c, 1236c Sec. 6 (39 Stat, 120) 169a 1916, May 18 (39 Stat, 123, 128) __ 954c, 1413a 1916, June 3 : Sec. 1 (39 Stat, 166) 329a Sec. 2 (39 Stat, 166) 331a, 332d, 332e, 332f Sec. 3 (39 Stat, 166) 356a Sec. 4 (39 Stat., 167 )_ 350a, 350b, 350c Sec. 5 (39 Stat., 167-9) 366a, 369a, 369b, 365a, 369c, 370a, 370b, 370c, 365b Sec. 6 (39 Stat, 169) 431a Sec. 7 (39 Stat, 169) 459a Sec. 8 (39 Stat, 169-170) 465a, 469a, 468a, 469b, 467a, 467b, 467c Sec. 9 (39 Stat., 170) 495a, 506b, 514b, 515a Sec. 10 (39 Stat, 111-3) 728a, 729a, 729b, 729c, 732a, 731a, 728b, 756a, 760a, 766a, 756b, 766b, 766c, 766d, 766e, 766f, 766g, 765a, 765b, 750a, 750b, 750c, 1279b Sec. 11 (39 Stat., 173-4) 784a, 790a, 790b, 790c, 792a, 790d, 790e, 790f, 791a Sec. 12 (39 Stat, 174) 809a, 820a, 812a, 813b 904 MILITARY LAWS OF THE UNITED STATES. 1916, June 3— Continued. Par. Sec. 13 (39 Stat., 174-6) 879a, 889o, 889p, 8893, ^^^^^ 889s, 889t, 889u, 890a, 890b Sec. 14 (39 Stat., 176) 155a Sec. 15 (39 Stat., 176) 902a, 902b Sec. 16 (39 Stat., 176-7) 728c, 728d, 728e, 728f, 728g, 728h, 728i, 728j, 728k, 7281, 728m, 728n Sec. 17 (39 Stat., 177-8) 1095a, 1095b, 1097a, 1097b, 1097c, 1098a, 1097d Sec. 18 (39 Stat., 178-9) 1071a, 1074a, 1074b, 1074c, 1074d, 1075a, 1074e Sec. 19 (39 Stat., 179-180)— 1090a, 1090b, 1090c, 1091a, 1001b, 1091c, 1091d, 1091e, 1091f, 1091g, 1091h Sec. 20 (39 Stat., 180) __ 1086a, 1086b Sec. 21 (39 Stat., 180-1) 341a, 348a, 345a, 345b, 343a, 347a, 34 6d Sec. 22 (39 Stat., 181) 1106a Sec. 23 (39 Stat., 181) 918a Sec. 24 (39 Stat., 182-3) 331b, 331c, 331d, 331e, 331f, 786a, 331g, 931a, 930a, 930b, 961a, 958f Sec. 25 (39 Stat,, 183-5) 929a, 929b, 929c, 929d, 929e, 929f, 929i, 935a Sec. 26 (39 Stat., 185) 339a, 339b, 339c, 339d Sec. 27 (39 Stat., 185-6) 1031a, 1031b, 1031c, lOold, 1034a, 1028a, 1032a, 1293a, 1293b Sec. 28 (39 Stat., 186-7)— 695a, 702a Sec. 29 (39 Stat., 187) 1031e, 1044a, 1043a Sec. 30 (39 Stat., 187) 1031f Sec. 31 (39 Stat., 187-8) 1031g, 103^ h, 10311 Sec. 32 (39 Stat., 188) 1031j, 1031k, 10311, 1031m Sec. 33 (39 Stat., 188) 1031n Sec. 34 (39 Stat., 188) lOSlo Sec. 35 (.39 Stat., 188) 701a Sec. 36 (39 Stat., 189) 1332a Sec. 37 (39 Stat., 189-190) ___ 1532, 1533, 1534, 1535, 1536, 1537, 1538, 15.39, 1540, 1541, 1542, 1543 Sec. 38 (39 Stat., 190-191) 1544, 1545, 1546, 1547 Sec. 39 (39 Stat., 191) 1548, 1549, 1550, 1551, 1552 Sec. 40 (39 Stat., 191) 1553 Sec. 41 (39 Stat., 191)___ 1554,1555 Sec. 42 (39 Stat, 191-192) ____ 1556, 1557 Sec. 43 (39 Stat., 192) 1558 Sec. 44 (39 Stat., 192) 1559 Sec. 45 (39 Stat., 192) 1560 !916, June 3 — Continued. Par. Sec. 46 (39 Stat., 192) 1561 Sec. 47 (39 Stat., 192) 1562 Sec. 48 (39 Stat., 193) 1564 Sec. 49 (39 Stat., 193) 1565,1566 Sec. 50 (39 Stat., 193) 1567 Sec. 51 (39 Stat., 193) 1560 Sec. 52 (39 Stat., 194) 1570 Sec. 53 (39 Stat., 194) 1571, 1572, 1573 Sec. 54 (39 Stat., 194-195) 1574, 1575 Sec. 55 (39 Stat, 195-197) 1581, 1582. 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593, 1594, 1595, 1596, 1597, 1598, 1599 Sec. 56 (39 Stat, 197) 1563 See. 57 (39 Stat, 197) 1322a Sec. 58 (39 Stat, 197) 1322b Sec. 59 (39 Stat., 197) 1323a Sec. 60 (39 Stat, 197) 1325a Sec. 61 (39 Stat, 198) 1325b, 1325c, 1325d Sec. 62 (39 Stat, 198) 1325e, 1325f, 1325g, 1325h, 1321a Sec. 63 (39 Stat, 198) 1327a, 1327b, ] .327c Sec. 64 (39 Stat, 198-199) ___ 13251, 1325J Sec. 65 (39 Stat, 199)— 1325k, 13251 Sec. 66 (39 Stat, 199)— 1335a, 1335b Sec. 67 (.39 Stat, 199-200) 1351a, 1351b, 1351c, 1351d, 1351e, 1351f, 1351g Sec. 68 (.39 Stat, 200) _ 1325m, 1325n Sec. 69 (39 Stat, 200)— 1344a, 1344b Sec. 70 (39 Stat, 201) 1344c Sec. 71 (39 Stat, 201) 1344d Sec. 72 (39 Stat, 201) 1344e Sec. 73 (39 Stat, 201)— 1344f, 1344g Sec. 74 (39 Stat, 201) 1344h Sec. 75 (39 Stat, 202) 13441 Sec. 76 (.39 Stat.. 202) 1344J Sec. 77 (39 Stat., 202) ___ 1344k, 13441 Sec. 78 (39 Stat, 202) 132.5o, 1325p, 1325q Sec. 79 (39 Stat, 202-3) 1325r, 1325s, 1325t, 1325u Sec. 80 (39 Stat, 203) 1331b Sec. 81 (39 Stat, 203) _ 1337a, 1337b Sec. 82 (39 Stat, 203) 1361n Sec. 83 (39 Stat, 203-4) 1358b, 1358c, 1354a Sec. 84 (39 Stat, 204) 1.365a Sec. 85 (39 Stat, 204) 1359a Sec. 86 (39 Stat., 204)__ 1354b, 1366a Sec. 87 (39 Stat, 204-5 )_ 1359b, 1359c Sec. 88 (39 Stat, 205) 1359d Sec. 89 (39 Stat, 205)— 13641, 1364 j Sec. 90 (39 Stat, 205)— 1364k, 13641 Sec. 91 (39 Stat., 206) 1331c Sec. 92 (39 Stat, 206)— 1331d, 1331e Sec. 93 (39 Stat, 206)— 1356a, 1356b STATUTES CITED HEREIN". 905 3916, June 3 —Continued. Par. Sec. 94 (39 Stat., 206) 1328a Sec. 95 (39 Stat., 207) 1328b Sec. 96 (39 Stat., 207) 1328c Sec. 97 (39 Stat., 207) 1331f Sec. 98 (39 Stat., 207) 1330a Sec. 99 (39 Stat, 207)— 13.34a, 1334b Sec. 100 (39 Stat,, 208) 1332b Sec. 101 (39 Stat, 208) 1342a Sec. 102 (39 Stat, 208) 1343a Sec. 103 (39 Stat., 208) 1343b Sec. 104 (39 Stat, 208) 1343c Sec. 105 (39 Stat, 208) 1343d Sec. 106 (39 Stat., 209) 1343e Sec. 107 (39 Stat, 209) 1343f Sec. 108 (39 Stat, 209)_ 1343g, 1343h Sec. 109 (39 Stat, 209) 1330b, 1330c. 1330d Sec. 110 (39 Stat., 209-211 )__ 13.30e, 1330f, 1330g, 13.30h, 13301, 1330J, 1330k, 13301, 1330m Sec. Ill (39 Stat, 211) 1339a, 1339b, 1339c, 1339d Sec. 112 (39 Stat, 211 )_. 1339e Sec. 113 (39 Stat, 211) 553a, 553b, 553c Sec. 114 (39 Stat, 211-12) ___ 1332c, 1332d, 1332e, 1332f Sec. 115 (39 Stat, 212)_ 1339f, 1339g Sec. 116 (39 Stat, 212) 1351h Sec. 117 (39 Stat, 213) _ 1322c, 1322d Sec. 118 (39 Stat, 213) 1325v Sec. 119 (39 Stat, 213) 1355a Sec. 120 (39 Stat, 213-14) 1600, 1601, 1602, 1003, 1604, 1605 Sec. 121 (39 Stat., 214) 1606 Sec. 122 (39 Stat, 214) 10141, 1014J, 1014k, 10141, 1014m Sec. 123 (39 Stat, 215).._ 1607,1608 Sec. 124 (39 Stat, 215-16) _ 1622, 1623, 1624, 1625, 1626, 1627, 1628, 1629 Sec. 125 (39 Stat, 216-17) __ 1010a, 1010b, 1010c, lOlOd, lOlOe Sec. 126 (39 Stat, 217) _ 1045a, 1046a Sec. 127 (39 Stat, 217) 331h Sec. 128 (39 Stat, 217) 3311 1916, June 12 (39 Stat, 226) 1.328f 1916, June 30 (39 Stat, 242) 10141i 1916, July 1 : Sec. 3 (39 Stat, 336) 106a Sec. 4 (39 Stat, 330) 96b Sec. 5 (39 Stat, 336) 183a 1916, July 6 : (39 Stat, 347) 1086b, 1612, 1613, 1614, 1615 (39 Stat, 348), amending sec. 4894, Revised Statutes 1616 1916, Aug. 11 (39 Stat., 493, 493, 503, 493, 493, 496, 504)__ 1125a, 1136b, ll.SOd, 114.3a, 1162a, 1162b, 1162c, 1162e, 1176b, 1179a 1916, Aug. 29: Par. (39 Stat., 618, 634, 639, 582, 613, 613, 573, 625, 626, 626, 627, 627, 626, 631, 632, 604, 645, 602, 602, 602, 602, 632, 632, 636, 635, 630, 630, 644, 625, 628, 635, 624, 633, 640, 640, 626, 640, 642, 643, 643, 644, 648, 622, 622, 622, 601, 622, 649, 623, 623, 623, 6211. 643, 629, 628, 628, 628, 627, 627, 649, 623, 611, 620, 621, 639, 622, 639, 631, 635, 635, 622, 622, 622, 645, 646, 645, 648, 647, 646, 646, 624, 649, 649, 649, 634, 633, 646, 647, 647, 647, 646, 647, 648, 644, 644, 645, 645, 648, 648, 671, 648, 648, 642, 643, 644) 98a, 150a, 162a, 169b, 304a, 304b, 305a, 362c, 362d, 387a, 471a, 471b, 513a, 521a, 521b, 525a, 525b, 534a, 534b, 534c, 534d, 563a, 563b, 570a, 578a, 588b, 611b, 632a, 633a, 668c, 689b, 704c, 721a, 732b, 732c, 770a, 776b, ■ 808a, 831a, 844a, 857b, 864b, 889bb, 889cc, 889d"d, 889ee, 901b, 918b, 927k, 929g, 929h, 931b, 954d, 958g, 969b, 969c, 969d, 969e, 975a, lOlOf, 1084a, 1162e, 1183a, 1183b, 1198a, 1211b, 1211c, 1236b, 1259a, 1261a, 1274a, 1274b, 1274c, 1328d, 1328e, 1331g, 1331h, 1333a, 1333b, 1334c, 1339o, 1347a, 1347b, 1347c, 1349a, 1349b, 1355b, 1355c, 1355d, 1355e, 1359e, 1361b, 1361c, 1364f, 1364b, 3 364m, 1364n, 1576, 1577, 1578, 1579, 1580, 1609, 1610, 1611 Sec. 2 (39 Stat, 649-650) 1617, 1618, 1619, 1620, 1621 Sec. 8 (39 Stat, 650-670) Sec. 4 (39 Stat., 670) Sec. 5 (.39 Stat., 670) Sec. 6 (39 Stat, 670) 1916, Sept 7: Sec. 1 (39 Stat, 742) 66a Sec. 2 (39 Stat, 743) 66b Sec. 3 (39 Stat, 743) 66c Sec. 4 (39 Stat, 743) 66d Sec. 5 (39 Stat., 743) 66e Sec. 6 (39 Stat., 743) 66f Sec. 7 (39 Stat, 743) 66g Sec. 8 (39 Stat, 743) ^_-_ 66h Sec. 9 (39 Stat, 743) 06i 906 MILITARY LAWS OF THE UNITED STATES. 1916, Sept. 7 — Continued. Par. Sec. 10 (39 Stat, 744) 6Gj Clause A (39 Stat., 744) __ 66k Clause B (39 Stat., 744) __ 661 Clause C (39 Stat., 744) ___ 66m Clause D (39 Stat., 744) __ 66n Clause E (39 Stat., 744) _ 66o, 66p Clause F (39 Stat., 744-5), 66q, 66r Clause G (39 Stat., 745) ___ 66s Clause H (39 Stat., 745) __ 66t Clause I (39 Stat., 745) ___ 66u Clause J (39 Stat., 745) ___ 66v Clause K (39 Stat., 745)— 66w Clause L (39 Stat., 745) __ 66x , Sec. 11 (39 Stat., 745) 66y Sec. 12 (39 Stat., 746) 66z Sec. 13 (39 Stat., 746) 66aa Sec. 14 (39 Stat., 746) 66bb Sec. 15 (39 Stat., 746) 66cc Soc. 16 (39 Stat., 746) 66dd Sec. 17 (39 Stat., 746) — 66ee Sec. 18 (39 Stat., 746) 66ff Sec. 19 (39 Stat., 746) 66gg Sec. 20 (39 Stat., 747) 661ih Sec. 21 (39 Stat., 747) 66ii Sec. 22 (39 Stat., 747) 66jj Sec. 23 (39 Stat., 747) 66kk Sec. 24 (39 Stat., 747).: 6611 Sec. 25 (.39 Stat., 747) 66mm Sec. 26 (39 Stat., 747) 66nn, 66oo, 66pp Sec. 27 (39 Stat., 747) 66qq Clause A (39 Stat., 748)— 66rr Clause B (39 Stat., 748) ___ 66ss Sec. 28 (39 Stat., 748) 66tt Sec. 28a (39 Stat., 748) 66uu Sec. 29 (39 Stat., 748) 66vv Sec. 30 (39 Stat, 748) 66ww Sec. 31 (39 Stat, 749) 66xx Sec. 32 (39 Stat, 749) 66yy Sec. 33 (39 Stat, 749) 66zz Sec. 34 (39 Stat., 749) 66aaa Sec. 35 (39 Stat, 749) 66bbb Sec. 36 (39 Stat, 749) 66ccc Sec. 37 (39 Stat., 749) 66ddd Sec. 38 (39 Stat, 749) 66eee Sec. 39 (39 Stat., 749) 66fff Sec. 40 (39 Stat., 750) 66ggg Sec. 41 (39 Stat., 750) 66hlih, 66iii, 66jjj Sec. 42 (39 Stat, 750) _— 66kkk, 66111 Sec. 5 (39 Stat, 730) 534e Sec. 6 (39 Stat, 730) 534f 1916, Sept 8 : (39 Stat, 819, 843, 810) 822a, 849b, 1045b Sec. 1 (39 Stat, 844) 1498a Sec. 2 (39 Stat., 845) 1498b, 1498c, 1498d Sec. 3 (39 Stat, 845) ___ 1498e, 1498f Sec. 4 (39 Stat., 845) 1498g Sec. 4 (39 Stat, 830) 91a Sec. 805 (39 Stat, 799) 1469c Sec. 806 (39 Stat, 799-800 )__ 1469d, 1469e, 1469f, 1469g Sec. 901 (39 Stat., 801) 1347d Par. 1916, Dec. 22 (Pub. 288, 39 Stat., — ) L 1367e 1917, Feb. 8: (Pub. No. 304. 39 Stat., — ) 339e Pub. No. 305, 39 Stat., — ) 1529a, 1529b 1917, Feb. 14: (Pub. No. 309, 39 Stat, — )— 1274d (Pub. No. 319, 39 Stat., — )___ la 1917, Feb. 23: (Pub. No. 349, 39 Stat., — ) 958h-958k 1917, Feb. 27: (Pub. No. 362, 39 Stat, — ) 104b 1917, Mar. 3: (Pub. No. 378, 39 Stat, — )— 1372a 1917, Mar. 3: (Pub. No. 381, 39 Stat, — )_ 40e, 40f, 40g, 40b, 40i 1917, Mar. 3 : Sec. 6 (Pub. No. 381, 39 Stat., — ) 114a Sec. 7 (Pub. No. 381, 39 Stat., — ) 44a, 44b Sec. 8 (Pub. No. 381, 39 Stat., — ) 40j 1917, Mar. 4 (Pub. No. 391, 39 Stat, — ) 131a, 889ff, 889gg, 889hh, 889ii, 1223a, 1223b, 1315a Joint Resolution — No. 52, July 12, 1862 (12 Stat., 623) 1013a No. i:i, July 3, 1876 (19 Stat, 214) 1380 No. 26, June 7, 1878 (20 Stat., 252) 1381 No. 5, Jan. 6, 1885 (23 Stat, 516)_^ 54 No. 6, Feb. 23, 1887 (24 Stat., 644) 55 No. 41, Aug. 28, 1890 (26 Stat., 678) 800 No. 50, Sept 25, 1890 (26 Stat, 681) 1020 No. 9, Feb. 5, 1891 (26 Stat., 1113) 953a No. 26, May 11, 1894 (28 Stat, 583) 1021 No. 51, May 2, 1896 (29 Stat, 473) -_ 1017 No. 21, Apr. 11, 1898 (30 Stat, 737) 259,805 No. 2, Jan. 12, 1903 (32 Stat, 1229)- 1024 No. 23, Apr. 15, 1904 (33 Stat., 5S8) .- lOl.'^ No. 35, Apr. 28, 1904 (33 Stat, 591) 441 No. 13, Mar. 30, 1906 (34 Stat, 825) 114 No. 14, Mar. 30, 1906 (34 Stat., 826) 117 No. 17, Feb. 27, 1907 (34 Stat., 1422) 1016 No. 18, Mar. 2, 1907 (34 Stat, 1423) 1022 STATUTES CITED HEEEIN. Joint Resolution — Continued. Par. No. 10, Mar. 14, 1912 (37 Stat., 630) 1475 No. 11, Mar. 2, 1913 (37 Stat., 1025) 1259b No. 10, Apr, 22, 1914 (38 Stat., 770) 1475a, 1475b No. 15, May 8, 1914 (38 Stat, 771) 775b No. 15 (sec. 2), May 8, 1914 (38 Stat, 771) 775c No. 14, Mar. 4, 1915 (38 Stat, 1226) _— 1469a, 1469b, 1472a, 1472b No. — , Mar. 17, 1916 (39 Stat, 36) 332b, 332c 907 Par. Joint Resolution — Continued. No. — , May 18, 1916 (39 Stat., 164) 775d No. — , July 1, 1916 : Sec. 1 (39 Stat, 339)_l__ 1339h, 13391 Sec. 2 (39 Stat, 340) 1339j Sec. 3 (39 Stat, 340) 1339k, 13391 Sec. 4 (39 Stat., 340) ___ 1339m, ^ — i339n No. — , Aug. 29, 1916 (39 Stat., 671) 1272a No. — , Sept. 8, 1916 (39 Stat, 851) 1568 REVISED STATUTES. Military laws. Revised Statutes (section). Military laws. Revised Statutes (section). Para- graph. Page. Para- graph. Page. 152 3 19 43 26 34 44 45 25 46 20 21 22 23 13 14 15 16 17 18 64 134 135 136 137 139 138 140 76 79 104 106 109 141 144 147 148 149 516 524 153 1260 215 195 213 214 204 8 18 25 20 22 25 25 20 25 18 18 19 20 17 17 17 17 17 17 30 49 49 49 49 49 49 50 34 34 41 42 42 51 52 53 53 54 214 216 54 468 81 73 81 81 77 301 178 179 241 242 243 244 183 261 258 262 260 263 264 265 249 250 266 267 268 269 270 271 272 273 274 275 247 247 351 1072 1073 1096 819 820 1165 356 1026 1028 1027 1032 908 905 915 914 916 917 437 146 515 64 161 305, as amended by sec. 11, act of July 31, 1894 (28 Stat., 209) 306 163, as amended by act of Aug. 15, 1876 ^IQ Stat 169') 64 92 165 307 93 166, as amended by sec; 3, act of May 28, 1896 (29 Stat., 179) 167 308 94 309 94 310 66 168 354 103 169, as amended by act of Mar. 3, 1875 (18 Stat , 360). 355 102 356 103 170 357 102 173 361 103 174 364 103 175 383 103 176 391, as amended by sec. 15, act of Mar. 5, 1874 (18 Stat., 19) 392, as amended by sec. 15, act of Mar. 5, 1874 (18 Stat., 20) 7.51 177 . 97 178 179 97 180, as amended by act of Feb. 6, 1891 (26 Stat., 733) 104 752 104 181 753 104 182 754 105 183, as amended by act of Feb. 13, 1911 (36 Stat., 898) 755 105 756 105 Ig4 . 757 106 185 758 106 186 759 106 187 761 106 188. ... 886, as amended by sec. 10, act of Mar. 2, 1895 (28 Stat., 809) 886, as amended by sec. 17, act of July 31, 1894 (28 Stat., 210) 1098 189 95 190 192, as amended by act of June 22, 1906 (34 Stat., 449) 95 142 193 1104 394 195 1105 394 196 1108 402 197, as amended bv act of Feb. 27, 1109 313 1877 (19 Stat., 241) 1110 314 214 1111, as amended by act of Mar. 3, 1905 (33 Stat., 853) 215, as amended by act of Feb. 27, 421 1877 (19 Stat., 241) 1114 144 216 1116 378 217 1117 378 218 1118 378 219 1120 381 220 1122 . 340 225 1123 339 225 1124 341 236 1125 341 237, as amended by sec. 9, act of Oct. 1, 1890 (26 Stat., 646) 1126 341 1127 341 278, as amended by sec. 7, act of July 31, 1894 (28 Stat., 2(^6) 282 1130 180 1132, as amended by act of Feb. 25, 1877 (19 Stat., 242) 52 283 1 1133 214 908 MILITARY LAWS OF THE UNITED STATES. Military laws. Revised Statutes (section). MiUtary laws. Revised Statutes (section). Para- graph. Page. 214 223 482 215 468 232 235 234 " 236 235 239 238 238 240 236 306 308 305 305 305 314 314 314 314 314 316 316 316 144 289 296 722 723 244 242 242 243 243 243 244 245 158 745 194 194 349 304 157 304 369 370 144 370 370 418 344 419 374 144 232 317 231 367 367 367 353 370 375 366 Para- graph. Page. llQr; 517 545 1290 519 1259^ 580 587 584 590 587 605 601 600 606 591 798 807 794 797 789 821 822 823 825 824 833 835 834 355 743 775 783a 783b 624 614 615 619 620 621 625 629 387 890c 471 470 934 788 386 787 999 1001 354 1006 1005 1154 919 1155 1018 353 577 836 573 995 997 996 942 1007 1019 991 1229 992 994 1293 1068 610 565 566 1067 773 1261 962 963 968 976 977 978 979 980 981 982 983 984 986 988 987 966 956 948 635 652 653 638 661 667 674 651 651a 658 660 696 774 817 562 720 726 1394a 596 602 598 571 572 692 725 724 575 690 691 717 718 575 1106 1110 1111 1112 1108 1109 1114 1139 1145 1146 1147 366 1 1QA 1230 366 1231 483 1138 1232 391 1139, as amended by act of Feb. 1234 241 1235 229 1140, as amended bv sec. 17, act of Feb. 2. 1901 (31 Stat., 752) 1141 1236 ... . 229 1237 391 1239 296 1241 409 1143 1243 360 1144 1244 361 1145 1245 362 1147 1246 363 1148 - .-- 1247 363 1149 1248 363 1150 1249 363 1152 1250 363 1153 1251 363 1156, as amended by sec. 11, act of Feb. 2, 1901 (31 Stat., 750). . . . 1157 .. .. 1252 364 1253 364 1254 364 1158 1255 365 1162 1256 365 1103 1257 365 1164 .. 1258, as amended by act of Feb. 16, 1891 (26 Stat., 763)... 1165 361 1166 1259 359 1167 1260 . . 356 1167, as amended by act of Feb. 27, 1877 (19 Stat., 242) . 1261 , as amended by act of May 1 1 , 1908 (35 Stat ,108) 246 1167, as amended by act of Feb. 25, 1903 (32 Stat., 885) 1262 . 252 1263 252 1169 1264 248 1174 1265 ... . 254 1175 1266 256 1177 1268 258 1178. . 1269 252 1183 1270 706 1184 1274 ... 253 1185 ' 1275 253 1186 1276, as amended by act of Aug. 12 1876 (19 Stat., 131)... 1187 . 266 118^ 1277 296 1189 1279 313 1190, as amended by act of June 30, 1882 (22 Stat., 118) 1287, as amended by acts of July 5, 1884 (23 Stat., 110), and Mar. 8, 1885(23 Stat ,359).. 1191 228 1197 1288 272 1199 : 1291 .- .. 275 1201 1292 849 1205 1293 237 1206 1294 238 1207, as amended by act of Oct. 1, 1890 (26 Stat., 654) 1295, as amended by sec. 19, act of Feb. 2,1901 (31 Stat., 753) 1296 237 230 1 1298 230 1210 1299 265 1211 1300 274 1212 1301 274 1212 1302 231 1213, as amended by act of May 1303 264 17,1886(24 Stat., 50) 1304 265 1214 1306 272 1215 1307 . - 272 1216, as amended by act of Mar. 29, 1892(27 Stat., 12).-. . 1308, as amended bv act of July 16, 1892 (27 Stat , 178) 231 1219 1309 . ... 406 1220 1310 407 1220 1311 408 1221, as amended by act of Mar. 1312 . ... 408 29, 1894 (28 Stat., 47) 1313 407 1222....... 1314 407 1223 1314 409 1224, as amended by act of Feb. 27, 1877 (19 Stat., 243) 1315, as amended by sec. 4, act of June 6, 1900 (31 Stat. , 656) 1317 414 1225.... 416 1226 1318 417 1227 1319, as amended by act of Mar. 2, 1901 (31 Stat., 911) 1228 417 STATUTES CITED HEREIN. 909 Revised Statutes (section). 1320 1321 1322 1323 1324 1325 1320 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336, as amended bv sec. 4, act of June 23, 1879 (21 Stat. ,34) 1337 1338, as amended by act of Mar. 2, 1901 (31 Stat., 914) 1339, as amended by act of May 11, 1908 (35 Stat. , 108) 1339, as amended by act of June 28, 1902 (32 Stat. , 409) 1339, as amended by act of May 28, 1908 (35 Stat. , 430) 1340 1341 1344 1344, as amended by acts of May 21, 1874 (18 Stat., 48); Mar. 4, 1915 (38 Stat. , 1084) 1346, as amended by act of Jan. 19, 1891 (26 Stat., 722) 1347 1347, as amended by act of Mar. 4, 1915 (38 Stat., 1085) 1345, as amended by act of Jan. 19, 1891 (26 Stat., 722) 1349 1350 1350, as amended by act of Mar. 4, 1915 (38 Stat., 1085) 1351 ' 1.352 1352, as amended by act of Mar. 4, 1915 (38 Stat., 1085, 1074) 1353 1354 1355 1356 1357 1358 1359 13G0 1361 1421 1437 1466 1619 1621 1662 1663 1665 1666 1669 1671 1753 1754 1755 1757, as amended by act of June 6, 1898 (30 Stat., 432) 1758 1759 1760 1761 1764 1765 1766 ; 1773 Milita ry laws. 1 Para- graph. Page. 1150 417 1151 417 1158 419 1159 419 1160 420 1162 420 1163 420 1174a 794 1175 425 1174b 794 1138 414 1107 407 1172 424 1129 412 1113 409 1135 413 1125 410 1127 412 1131 412 1153 418 1153 418 1153 418 1134 413 1176 425 474 196 475b 692 478 197 480 197 480a 693 479 197 482 197 481 197 4Sla 694 486 198 488 198 488a, 488b } 694-5 491 199 492 199 494 199 489 198 490 198 483 197- 484 197 485 198 493 199 1036 382 306 119 352 143 304 119 305 119 853 320 854 320 855 321 856 321 858 321 860 322 163 57 164 58 165 58 60 29 62 29 61 29 167 58 168 58 47 26 170 60 693 265 9 12 Revised Statutes (section). 1774 1775 1777 1778 1779 1784 1791 1792 1793 1794 1838 1841 1856 1857 1860 1977 1978 1979 1980 1981 1982 1983 1984 I 1985 1986 1987 1988 1989 1990 1991 1996 1997 1998, as amended by act of Aug. 22, 1912 (37 Stat., 356) , 2062 , 2063 2088 , 2110 2118 2127 , 2138 , 2139, as amended by act of July 23, 1892 (27 Stat., 200) 2140 2141 2147.. 2150 2151 2152 2166 2174 2258 2304, as amended by act of Mar. 1, 1901 (31 Stat., 847) 2305, as amended by act of Mar. 1, 1901 (31 Stat., 847) 2308 2309 2393 2438 3466 3467 3468 3469 3477 3592, 3594 3595 3614 r 3617 3618 3620 3620 ; 3621, as amended by sec. 5, act of May 28, 1896 (29 Stat. , 179) 3622, as amended by acts of Feb. 27, 1877 (19 Stat., 249), and July 31, 1894 (28 Stat., 209) 3623 3624, as amended by sec. 4, act of July 31, 1894 (28 Stat., 205) 3625...... Military laws. Para- graph. 10 11 323 63 77 177 1528 1529 1530 1531 1275 1375 1377 1378 960 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1050 1051 1052 1396 1398 1399 599 1400 1401 1402 1403 1406 1407 1409 1410 1411 1412 1064 1066 1268 1270 1271 1272 1273 12G9 1053 221 222 223 238 240 181 180 248 403 404 184 400 400 415 416 203 224 910 MILITARY LAWS OF THE UNITED STATES. MiUtary laws. Revised Statutes (section). MiUtary laws. Revised Statutes (section). Para- graph. Page. Para- graph. Page. 3626 225 226 227 228 229 230 231 232 233 234 235 236 185 388 409 245 245 245a 407 649 401 402 95 97 89 88 86 100 187 188 190 74 73 193 191 405 1196 1208 1242 1243 1244 1189 1238 1205 1209 1241 1190 1191 1194 1274 1233 1218 1215 1216 1211 1212 1213 1214 1262 1278 1201 93 87 87 87 87 88 88 88 88 88 88 89 89 66 158 169 94 95 657 168 251 165 166 39 40 37 37 37 40 67 68-70 71 33 33 72 71 167 435 441 459 459 459 432 458 440 441 458 433 434 434 474 456 447 444 444 443 443 443 444 469 476 439 38 4692 1481 1482 1483 1484 1485 1486 1492 1494 1495 1497 1500 1501 782 1462 1616 1514 1502 1505 1503 1507 1508 1519 1515 1516 1517 1521 1524 1525 1303 1304 1305 1308 1309 1310 182 1476 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1479 313 314 315 316 317 555 3627 4093 4694 556 3628 556 3629 4695 557 3630 4696 557 3632 4698 558 3633 4699 560 3634 4700 . . 561 3635 4701 561 3636 4703 561 3637 4707 563 3638 4708, as amended by sec. 1, act of Feb. 28, 1903 (32 Stat., 920) 4787, as amended by sec. 1, act of Aug. 15, 1876 (19 Stat., 203); act of Feb. 27, 1877 (19 Stat., 252); and act of Mar. 3, 1891 (26 Stat., 1103) 3639 564 3639 3643 3646, as amended by act of Feb. 23, 1909 (35 Stat., 643) 3647, as amended by act of Feb. 298 23, 1909 (35 Stat., 643) 4792 445 3647, as amended by act of Mar. 21, 1916 (39 Stat., 37) 4894, as amended by act of July 6, 1916 (39 Stat 348) 890 3648 4814 569 3648 4815, as amended by sec. 10, act of Mar. 3, 1883 (22 Stat. , 565) 4816 3651 565 3652 567 3662 4817 566 3663, as amended by act of Feb. 27, 4818 567 1887 (19 Stat., 249) 4819 . 567 3664 4820 570 3665 4821 569 3669, as amended by acts of June 4822 570 20, 1874 (18 Stat., 96, 109, 111); 4823 570 Mar. 3, 1875 (18 Stat., 355, 370); 4824 571 ■ Aug. 15, 1876 (19 Stat., 200) 3672, as amended by act of Feb. 27, 1877 (19 Stat., 249) 4838 573 4843 , as amended by act of Feb. 9, 1900(31 Stat ,7) 573 3678 .. 4874 . . 485 3679, as amended by sec. 4, act of Mar. 3, 1905 (33 Stat., 1257), and 4875 486 4877 ... "486 sec. 3, act of Feb. 27, 1906 (34 Stat., 48) 4878 487 4878, as amended by act of Mar. 3, 1897(29 Stat., 625) 3681 487 3682 4882 487 3683 . . 5153, as amended by act of Mar. 3 1901 (31 Stat ,1448) 3690 65 3691 5275 553 3692 5297 . 530 3709 5298 531 3710 5299 532 3711, as amended by sec. 6, act of Mar. 2, 1895 (28 Stat., 808), and sec. 6, act of Mar. 15, 1898 (30 5300 532 5301 533 5302 . 533 5303 533 5304 534 3713 5305 534 3714 5306 535 3715 5307 535 5308 535 3717. ... 5309 536 3731 5310 .. 536 5311 536 5312 536 3733 5313 . . . . . 537 3735 5314 537 5315 537 5316 538 3738 5317 538 3741 5318 . 539 5319 539 5320 539 3744... 5321 . 539 3745 5322 539 5577 554 5595 . 123 3748 5596 123 3752 5597 123 3828 6600 124 1875 (18 Stat., 370) 5601 124 TABLE OF RELATED STATUTES. MILITARY LAWS OF THE UNITED STATES, 1915-1917. Adjutant General's Department : Appointments in, from Volunteers. Act Mar. 2, 1901 (31 Stat. 900). Adjutant General's Office, employees of, to be exclusively engaged on the work of that office during fiscal year 1917. Act of May 10, 1916 (39 Stat. 90). Advertising business of attorneys practicing before executive departments. Act of Apr. 27, 1916 (39 Stat. 54). Advertising, unserviceable equipment of Panama Canal may be sold without. See Panama Canal. Alabama flood sufferers of 1916, Secretary of War authorized to relieve with food, Quartermaster and Medical Department supplies, etc. J. Res. No. — of Aug. 3, 1916 (39 Stat. 434). Alaska : " Alaska fund "— Collection of, United States marshal and deputies to assist. Sec. 1, Act of May 14, 1906 (34 Stat. 192). Derivation and use of. Sec. 1, Act of May 14, 1906 (34 Stat. 192). Army officers, retired, duty as road commissioners. Act of Mar. 3, 1911 (36 Stat. 1052). Board of Road Commissioners — Army officers, retired, assigned to duty on. Act of Mar. 3, 1911 (36 Stat. 1052). Composition, powers, duties, etc. Sec. 2, Act of May 14, 1906 (34 Stat. 192). - Bridges, roads, etc., maintained by " Alaska fund." Sec. 1, Act of May 14, 1906, (34 Stat. 192). Bureau of Education, medical relief by employees of. Sec. 15, Act of Feb. 6, 1904 (35 Stat. 604). Coal mines. United States option on output of certain. Sec. 2, Act of May 28, 1908 (35 Stat. 424). Collection of license fees ("Alaska fund"). Sec. 1, Act of May 14, 1906 (34 Stat. 192). Detail of Lieut. Frederick Mears in connection with the location and con- struction of Government railroads in. J. Res. No. 17, May 13, 1914 (38 Stat. 772). Emergency cases, medical relief by employees of Bureau of Education not inhibited. Sec. 15, Act of Feb. 6, 1909 (35 Stat. 604). Fees from liquor and trade licenses, collection and use of. Sec. 1, Act of May 14, 1906 (34 Stat. 192). Insane persons, provision for care of. Sec. 1, Act of May 14, 1906 (34 Stat. 192) ; sec. 7, Act of Feb. 6, 1909 (35 Stat. 601). 911 912 MILITAEY LAWS OF THE UNITED STATES. Alaska — Continued. Licenses, liquor and trade, collection and use of fees. Sec. 1, Act of May 14, 1906 (34 Stat. 192). Liquor licenses, collection and use of fees from. Sec. 1, Act of May 14, 1906 (34 Stat. 192). " Liquors, alcoholic, prohibition of manufacture and sale in, sees. 1-33, Act of Feb. 14, 1917 (39 Stat. — ). Medical relief by employees of Bureau of Education. Sec. 15, Act of Feb. 6, 1909 (35 Stat. 604). Mines, coal, certain, United States option on output of. Sec. 2, Act of May 28, 1908 (35 Stat. 424). Public schools, supported by " Alaska fund." Sec. 1, Act of May 14, 1906 (34 Stat. 192). Retired Army officers, duty as road commissioners. Act of Mar. 3, 1911 -(36 Stat. 1052). Roads, bridges, etc., maintained by "Alaska fund." Sec. 1, Act of May 14, 1906 (34 Stat. 192). Road Commissioners, Board of — Army officers, retired, as members of. Act of Mar. 3, 1911 (36 Stat. 1052). Composition, powers, duties, etc. Sec. 2, Act of May 14, 1906 (34 Stat. 192). Schools, public, supported by "Alaska fund." Sec. 1, Act of May 14, 1906 (34 Stat. 192). Trade and liquor licenses, collection and use of fees from. Sec. 1, Act of May 14, 1906 (34 Stat. 192). Aliens, declaration of intention to become citizens of United States. See Nat- uralization. American citizens in Europe, relief, protection, and transportation of, made necessary by existing political disturbances, etc. See Europe. American citizens ,in Mexico : Relief and transportation of destitute. J. Res. No. 10, Sept. 16, 1913 (38 Stat. 238). Relief and transportation of destitute. Act of July 14, 1916 (39 Stat. 359). Relief and transportation of. Act of April 24, 1914 (38 Stat. 346). Anchorage grounds : Secretary of War authorized to establish and define in all harbors, rivers, bays, and other navigable waters. See Rivers and harbors. Rules and regulations governing to be enforced by Chief of Engineers at ports or places where no revenue cutter is available, etc. See Rivers and harbors. Animals, prevent cruelty in transit. Act June 29, 1906 (34 Stat. 607). Annual report. Chief pf Engineers. See Corps of Engineers. Annual reports, time for heads of departments to submit to Public Printer. See printing and binding. Antietam Battlefield. See National military parks. • Appropriations : Consolidated items for river and harbor work, with aggregate amount therefor, allotments to respective works, and disposition of balances re- maining to credit of separate work or items, etc. See Rivers and har- bors. Printing and binding, restrictions on expenditures from allotments for. See Printing and binding. RELATED STATUTES. 913 Aqueduct Bridge, District of Columbia and Virginia. See Corps of Engineers. Arbitration, court of or otlier tribunal. President authorized to invite all of the great Governments of the world to send representatives to a conference to be charged with the formulation of a plan for. Act of Aug. 29, 1916 (39 Stat. 618). Appointment of nine citizens to be representatives of the United States in such a conference. Id. Compensation of representatives, etc., to be fixed by President. Appropri- ation made and set aside for expenses of. Id. ~ Arbitration, declared policy of United States to settle its international disputes through mediation or. Act of Aug. 29', 1916 (39 Stat. 618). Archives building, national, in District of Columbia. Designs and estimates to be prapared, space required, provision for subsequent extension, and inspec- tion of similar buildings, etc., abroad. Sec. 21, Act of Mar. 4, 1913 (37 Stat. 884). Inspection of archives buildings abroad required by paragraph 4, Sec. 21, of above Act repealed. Act of June 28, 1916 (39 Stat. 241). Arlington memorial amphitheater and chapel : Authorized. Sec. 14, Act Mar. 4, 1913 (37 Stat. 882). Commission designated, duties, etc. Sec 16, Act May 30, 1908 (35 Stat. 540). Name of John McElroy, representing the Grand Army of the Republic, substituted for that of Ivory G. Kimball, deceased. Sec. 5, Act of Sept. 8, 1916 (39 Stat. 830). Arms: Equipment and, distribution to States. See Militia. Issue of Springfield rifles to States. See Militia. Ordnance stores and, crediting for issues during Civil War. See Militia. Sale of, to Indians prohibited. See Indians. Army : Enlistment in military service of foreign Governments, ministers of United States may issue writs to prevent American citizens from. See Neu- trality. President authorized to employ all persons in land and naval service in connection with Coast and Geodetic Survey work. Sec. 4685, R. S. Women not allowed to accompany troops as laundresses. Sec. 5, Act of June 18, 1878 (20 Stat. 150). Army nurses, pensionable status. See Pensions. Army ofl^cers accountable for public property to obtain certificates of nonin- debtedness, etc., before discharge. See Public property. Army officers, detail of — ' Accept position under Government of Greater Republic of Central America. J. Res. No. 23, Mar. 3, 1897 (29 Stat. 704). Active or retired with Panama-California Exposition, San Diego, Cal. J. Res. No. 4, Jan. 15, 1915 (38 Stat. 1221). Active or retired w^ith the Panama-Pacific International Ex{)osition. Act of Mar. 4, 1915 (38 Stat. 1065). Alaskan railroads. Lieut. Frederick Mears to assist in location and con- struction of. J. Res. No. 17, May 13, 1914 (38 Stat. 772). Coast and Geodetic Survey work, topographical parts of. Sec. 4684, R. S. Allowance of subsistence while so detailed. Sec. 4688, R. S. 92061°— 17 58 914 MILITARY LAWS OF THE UNITED STATES. Army oflScers, detail of — Continued. Engineer officers to assist Mississippi River Commission. Sees. 3 and 6, Act of June 28, 1879 (21 Stat. 38). Engineer officers to assist Missouri River Commission. Act of July 5, 1884 (23 Stat. 144). Engineer officers to superintend construction of lighthouses. Sec. 4664, R. S. Governor of the West Indian Islands. Sec. 1, Act of Mar. 3, 1917 (Pub. No. 389, 39 Stat. — ). Grant leave of absence to officer of Corps of Engineers to assist Republic of China on reclamation work of the Huai River ; termination of detail, pay during absence, etc. J. Res. No. 18, May 22, 1914 (38 Stat. 772). Indian education. Sec. 7, Act of June 23, 1879 (21 Stat. 35). . Indian industrial and training school. Act of July 31, 1882 (22 Stat. 181). Medical officer with Red Cross. Act of Mar. 3, 1911 (36 Stat. 1041). Ordnance officers with Geological Survey. Act of June 16, 1880 (21 Stat. 274). Panama-Pacific International Exposition, prohibitions against details to other service not applicable to, allowances for in lieu of transportation and mileage, etc. Act of June 23, 1913 (38 Stat. 76). Army officers, Philippine Islands — As attorneys and peace officers. See Philippine Islands. Salary of, when detailed to duty under insular government. See Philippine Islands. To be justices of the peace in connection with sale of intoxicating liquors. See Philippine Islands. Army officers, retention of Maj. Gen. Arthur Murray on active list of the Army as an additional officer and in command of the Western Department from Apr. 29, 1915, until the close of the Panama-Pacific International Expo- sition, Dec. 4, 1915 ; and the number of major generals of the line of the Army on the active list is increased by one during the period named. Act of Mar. 4, 1915 (38 Stat. 1065). Army, Philippine Islands, aid civil authorities. See Philippine Islands. Array supplies, sale of to the militia, credit for proceeds of. See Militia. Arrests of trespassers, etc., on Presidio of San Francisco, civil police may be called upon to make. Act of June 4, 1888 (25 Stat. 167). Articles of War : Fort Bayard Hospital subject to. See Medical Department. Inmates of National Homes for Disabled Volunteer Soldiers subject to. See National Home for Disabled Volunteer Soldiers. Artificial limbs, commutation to persons who can not use. See Medical Department. Atlantic & Pacific Railroad, post route and military road. See Transportation. Attorneys' fees, claims for pensions. See Pensions. Attorneys, Philippine Islands, Army officers as peace officers and. See Philip- pine Islands. Attorneys practicing before executive departments forbidden to use names of members of Congress or officers in advertising their business. Act of Apr. 27, 1916 (39 Stat. 54). Auditor for War Department, account of Isthmian Canal Commission audited by. See Isthmian Canal Commission. Baldwin Locomotive Works, and certain individuals, authorized to change and divert channel of Crum River, Pa. Act of July 27, 1916 (39 Stat. 393). New channel to be a public navigable stream, etc. Id. BELATED STATUTES. 915 Bedloes Island, New York Harbor, Secretary of War authorized to accept funds raised by New York World by popular subscription for construction of electric lighting plant for illumination of the Statue of Liberty on. Sec. 5, Act of July 27, 1916 (39 Stat. 411). Board of Managers, National Home for Disabled Volunteer Soldiers, vacancies in membership of not to be filled until such board is reduced to five, etc. See National Home for Disabled Volunteer Soldiers. Board of Road Commissioners, Alaska. See Alaska. Bridges, dams, etc., over navigable waters. See Corps of Engineers. — - Bridges, obstruction of navigable waters by, regulations for use of drawbridges, etc. See Corps of Engineers. Building for Government exhibit on Presidio of San Francisco military reser- vation and use of building after exhibit. See Panama-Pacific International Exposition. California Debris Commission. See Corps of Engineers. California, temporary cession of jurisdiction to State of over portions of Presidio of San Francisco and Fort Mason Military Reservations during occupancy for exposition purposes. See Panama-Pacific International Ex- position. Canal Zone : Automobiles, penalty for operating in violation of regulations for licensing and taxing. Sec. 5, Act of Aug. 21, 1916 (39 Stat. 528). Breach of the peace, unlawful to committ a. Sec. 4, Act of Aug. 21, 1916 (39 Stat. 528). Business or trade, penalty for conducting in violation of regulations rela- tive to. Sec. 5, Act of Aug. 21, 1916 (39 Stat. 528). Civil government of. See also Panama Canal. Consolidation of Zone government, railroad, and canal funds. See Panama Canal. Consular officers of United States in foreign ports, powers of in respect to seamen conferred on shipping commissioner, etc. Sec. 9, Act of Aug. 21, 1916 (39 Stat. 529). Customs duties on imports from. See Panama Canal. Customs officers, fees of for certificates, etc., or notarial service. Sec. 8, Act of Aug. 21, 1916 (39 Stat. 528). - Deposit money orders, interest on payable from bank interest on money order funds. Sec. 7, Act of Aug. 21, 1916 (39 Stat. 528). Deposit money orders issued in lieu of postal savings certificates to bear interest. Sec. 6, Act of Aug. 21, 1916 (39 Stat. 528). Disorderly, indecent, or immoral conduct, unlawful to engage in or permit. Sec. 4, id. Fees of customs officers for certificates or notarial service. Sec. 8, id. Health regulations to be prescribed by President. Sec. 1, Act of Aug. 21, 1916 (39 Stat. 527). Immigration regulations as to persons entering or passing over. Sec. 10, id. 529. Detention and return of persons entering in violation of regulations. Id. Fine imposed on vessels for violation of regulations. Id. Penalty for violation of regulations. Id. Vessels required to return persons, withholding of clearance, etc. Id. Immoral, indecent or disorderly conduct, unlawful to engage in or permit. Sec. 4, id. 528. 916 MILITARY LAWS OF THE UNITED STATES. Canal Zone — Continued. Injury or obstruction to Panama Canal or locks. Sec. 10, id. 529. Penalty for. Id. Penalty for where act causes death of any person. Id. Interest, deposit money orders issued in lieu of postal savings certificates to bear. Sec. 6, id. 528. Interest on deposit money orders to be paid from bank interest o^ money order funds. Sec. 7, id. Leases of land in. See Isthmian Canal Commission. Leases of public lands in. See Panama Canal. Naval radio stations on. See Panama Canal. Notarial service, fees of customs officers for performing. Sec. 8, id. Panama Canal or locks, injury to or obstruction of. Sec. 10, id. 529. Penalty for. Id. Penalty for where act causes death of any person. Id. Police power, rules and regulations for asserting and exercising. Sec. 4, id. 528. Police regulations, penalty for violating. Sec. 5, id. Postal savings certificates, deposit money orders issued in lieu of to bear interest. Sec. 6, id. 528. Postal service losses, payable from bank interest on money order funds. Sec. 7, id. Quarantine regulations to be prescribed by President. Sec. 1, id. 527. Penalty for violating. Id. Revenues, distribution of. See Panama Canal. Roads and highways, regulations for use of. Sec, 3, id. 528. Automobile taxes may be graded according to value or power of ma- chine. Id. Licensing and taxing operation of self-propelled vehicles. Id. Republic of Panama, mutual agreement with for reciprocal use of. Id. Speed limit, signals, tags, license fees, etc., for self-propelled ve- hicles. Id. Vehicles, self-propelled, regulations for operation of. Id. Sanitary regulations to be prescribed by the President. Sec. 1, id. 527. Penalty for violating. Id. Seamen of vessels, powers of consular officers as to when on foreign voyages conferred on shipping commissioner, etc. Sec. 9, id. 529. Shelter, temporary, of troops on. Use of portion of appropriation for acquisition of site and construction of supply depots at Fort Sam Houston, Tex., for providing. Act of Aug. 29, 1916 (39 Stat. 636), No part of moneys so appropriated to be used for payment of commuta- tion of fuel or quarters to officers or enlisted men. Id. Shipping commissioner and deputy shipping commissioners, powers of United States consuls in foreign ports as to American seamen conferred on. Sec. 9, Act of Aug. 21, 1916 (39 Stat. 529). Taxes, ad valorem, excise, license, and franchise. President to change regu- lations for levying, assessing, and collecting. Sec. 2, id, 528. Ad valorem taxes, maximum rate of. Id, Excise taxes, maximum rate of. Id, Franchise taxes, maximum rate of. Id. Taxes, penalty for conducting business, etc, in violation of regulations relative to. Sec. 5, id. Vehicles, self-propelled, penalty for operation of in violation of regulations for licensing and taxing. Sec, 5, id. RELATED STATUTES. 917 Cession of jurisdiction, temporary, to State of California over portions of Presidio of San Francisco and Fort Mason Military Reservations during occupancy for exposition purposes. See Panama-Pacific International Ex- position. Chickamauga and Chattanooga National Military Park. See National military parks. Chief of Engineers: Annual report of. See Corps of Engineers. Draftsmen in office of. See Corps of Engineers. _ _ Grunt permission to the Women's Titanic Memorial Association to erect a naemorial in the public grounds. District of Columbia, to the heroes of the Titanic. Sec. 7, Act of Mar. 3, 1917 (39 Stat. ). Grant permission for removal of statue to Admiral- Dupont from Dupont Circle, Washington, D. C, etc. Act of Feb. 26, 1917, Pub. Res. No. 51. (39 Stat. ). Index to annual reports of, from 1866 to 1917, inclusive, printing of 1,5(X) copies authorized. Sec. 4, Act of July 27, 1916 (39 Stat. 411). Rules and regulations governing enforcement of anchorage grounds in har- bors, bays, etc., to be enforced by, at ports or places where no revenue cutter is available, etc. See Rivers and harbors. Transportation of heavy freight on certain reaches of the Mississippi River at all stages of water with certain types of tows and barges, experiments by or by board appointed by Secretary of War. Act of July 27, 1916 (39 Stat. 403). Chief of Ordnance: American manufacture, all purchases of supplies for manufacture of arms, ammunition, etc., to be of, unless it is to the manifest interest of Govern- ment to purchase limited quantities abroad. Sec. 2, Act of July 6, 1916 (39 Stat. 350). Appropriation for rental or repair of building for drafting force in office of. Sec. 4, id. Arsenals, Government, to be operated at their most economical rate of pro- duction, except where a special exigency requires the operation of a por- tion of the arsenal's equipment at a different rate. Sec. 7, id. 351. Draftsmen, employment of services of skilled and such other services as . the Secretary of War may deem necessary, but the number of persons so employed, their duties, and compensation shall be reported to Congress each year with the estimates. Act of May 10, 1916 (39 Stat. 91). Powder, price to be paid for, other than small-arms. Sec. 5, Act of July 6, 1916 (39 Stat. 350). Purchase of materials from private manufactures, maximum price to be paid in excess of cost to Government to manufacture; limitation may be waived in case of emergency. Sec. 6, id. Time study, etc., of any job of work not to be made by any officer, manager, superintendent, or foreman. Sec. 7, id. 351. China, grant leave of absence to officer of Corps of Engineers to assist Republic of, in reclamation work. See Details of Army officers. Citizenship : Children of citizens born abroad. Sec. 1993, R. S., replaced by sec. 6, Act of Mar. 2. 1907 (34 Stat. 1229). Defined. Sec. 1992, R. S. Expatriation, right of. Sec. 1999, R. S., as amended by sec. 2, Act of Mar. 2, 1907 (34 Stat. 1228). 918 MILITARY LAWS OF THE UNITED STATES. Citizenship — Continued. Married women. Sec. 1994, R. S., as amended by sec. 3, Act of Mar. 2, 1907 (34 Stat. 1228). Naturalized citizens protected in foreign States. Sec. 2000, R. S. Oregon, persons born in. Sec. 1995, R. S. Penalty for false certificate as to. See Naturalization. Pension claims. See Pensions. Release of citizens imprisoned by foreign Governments. Sec. 2001, R. S., as amended by sec. 1, Act of Mar. 2, 1907 (34 Stat. 1228). Widow and dependent children of declarant. See Naturalization. Civil authorities, Philippine Islands: Army to aid. See Philippine Islands. Not to interfere with military administration of lands reserved for military purposes. See Philippine Islands. Civil government, Canal Zone. See Panama Canal. Civil government, Porto Rico. See Porto Rico. Civil office, military employees not to hold or exercise duties of United States commissioner. Sec. 20, Act of May 28, 1896 (29 Stat. 184). Civil service, pension withheld, payment of. See Pensions. Civil service, Philippine Islands, scope and effect of Act, etc. See Philippine Islands. Civil War ; Memorial monument to commemorate the women of the. Contributions by the Government for site and building; commission to approve site and plans and to supervise expenditures ; Commission of Fine Arts also to ap- prove plans; memorial to be permanent headquarters of the American Red Cross ; and American Red Cross to be charged with and responsible for care, keeping, and maintenance of memorial and grounds, but title to site and building to be in United States. Act of Oct. 22, 1913 (38 Stat. 233). Military telegraph operators, record and certificate of service to persons who served as. Act of Jan. 26, 1897 (29 Stat. 497). Militia, crediting for arms and ordnance stores issued during. See Militia. Coaling and naval stations in Cuba. See Cuba. Coal mines, Alaska, United States option on output of certain. See Alaska. Coast and Geodetic Survey : Detail of Army officers for topographical parts of work. See Details of Army officers. Allowance of subsistence while so detailed. See Details of Army officers. President authorized to employ all persons in land and naval service in connection with work of. See Army. Coastwise vessels : Exemption from tolls of Panama Canal repealed. See Panama Canal. Philippine Islands, licenses to harbor vessels and. See Philippine Islands. Colombia, Republic of, right of way from. See Panama Canal. Colored and Indian soldiers, widows of. See Pensions. Commission of Fine Arts : Appropriations for expenses of. Act June 25, 1910 (36 Stat. 728) ; Act Aug. 24, 1912 (37 Stat. 445). Approve plans for the memorial monument to commemorate the women of the Civil War. Act of Oct. 22, 1913 (38 Stat. 233). Established; members; appointment; duties; expenses. Xdt. May 17, 1910 (36 Stat. 371). BELATED STATUTES. 919 Commission of Fine Arts — Continued. George Wasliington memorial building plans to be approved by. Sec, 10, Act Mar. 4, 1913 (37 Stat. 881). Commissioners of the District of Columbia, appointment of civil commissioners, etc. See Corps of Engineers. Commissioners, United States, military employees not to hold or exercise duties of. See Civil office. Common carriers : Duties of, with respect to animals in transit. Act June 29, 1906 (35 Stat. 607). Engaged in interstate and foreign commerce, establishment of an 8-hour day for employees of. Sees. 1-4, Act of Sept. 3-5, 1916 (39 Stat. 721). Military stores — loss or damage ; moneys credited to proper appropriations. Act Mar. 2, 1905 (33 Stat. 840). Commutation, payment to persons who can not use artificial limbs. See Medical Department. Conduit Road, Chief of Engineers authorized to regulate traffic, etc. See Wash- ington Aqueduct under Corps of Engineers. Confederate dead, marking graves of, in all national cemeteries and cemeteries at Federal military stations or locations throughout the country. See Mark- ing graves of Confederate dead. Confederate Veterans. See United Confederate Veterans. Confederate Veterans' Association reunion, District of Columbia, 1917. Ap- propriation for, loans to, etc. Sees. 1-6, Feb. 26, 1917; Pub. Res. 50 (39 Stat. — ). Congress, use of names of Members of, by attorneys practicing before executive departments. Act of Apr. 27, 1916 (39 Stat. 54). Contracts and purchases. See Corps of Engineers. Corps of Engineers : Alabama, certain rivers in, free from tolls. Sec. 5244, R. S. Annual report, Chief of Engineers. Sec. 8, Act of Aug. 11, 1888 (25 Stat. 400). Aqueduct Bridge, regulations for use of. Act of Mar. 3, 1875 (18 Stat. 393). Aqueduct Bridge, Secretary of War authorized to replace existing struc- ture with new bridge. Sec. 1, Act of May 18, 1916 (39 Stat. 163). Cost of construction, how apportioned. Sec. 6, id. 164. Engineers and others may be employed in construction of. Sec. 3, id. 163. Highway for traffic, and use for gas and water mains, power, telephone. and telegraph wires, etc. Sec. 5, id. 164. Land necessary for, to be acquired by condemnation proceedings. Sec. 2, id. 163. Plans, appropriation for, and restrictions as to, etc. Sec. 4, id. Repairs may be made to old bridge while new is under construction. Sec. 7, id. 164. Washington & Old Dominion Railway, conditions and terms on which it is granted use of the bridge. Sec. 5, id. Bridges, dams, etc., over navigable waters. Sec. 9, Act of Mar. 3, 1899 (30 Stat. 1150). California Debris Commission — Annual report. Sec. 7, Act of Mar. 1, 1893 (27 Stat. 508). Appropriations by State, receipt and use of. Act of July 1, 1898 (30 Stat. 631). 920 MILITARY LAWS OF THE UNITED STATES. Corps of Engineers — Continued. California Debris Commission — Continued. Compensation of employees of. Sec. 4, Act of Mar. 3, 1899 (30 Stat. 1150). Conditions as to commencing operations. Sec. 15, Act of Mar. 1, 1893 (27 Stat. 509). Conditions, violation of, forfeiture. Sec. 19, Act of Mar. 1, 1893 (27 Stat. 510). Creation of, appointments to. Sec. 1, Act of Mar. 1, 1893 (27 Stat. 507). D6bris fund — Appropriations from, restraining works. Sec. 25, Act of Mar. 1, 1893 (27 Stat. 511). Created, expenditures by commission. Sec. 23, Act of Mar. 1, 1893 (27 Stat. 510). Debris washed away, limit of. Sec. 17, Act of Mar. 1, 1893 (27 Stat. 509). Decisions of, within 30 days. Sec. 13, Act of Mar. 1, 1893 (27 Stat. 508). Dumping ground — Expenses for constructing, allotment of. Sec. 16, Act of Mar. 1, 1893 (27 Stat. 509). Petition for, contents, etc. Sees. 10 and 11, Act of Mar. 1, 1893 (27 Stat. 508). Duties, plans. Sec. 4, Act of Mar. 1, 1893 (27 Stat. 507). Employees, compensation, appointment. Sec. 4, Act of Mar. 3, 1899 (30 Stat. 1150). Floods in Sacramento River, jurisdiction over State funds for control of. Sec. 2, Act of Mar. 1, 1917 (39 Stat. — ). Funds appropriated by State, United States Treasurer to receive. Act of June 3, 1896 (29 Stat. 232). Hydraulic mines — Petition must be filed with commission. Sec. 23, Act of Mar. 1, 1893 (27 Stat. 510). Tax on gross proceeds. Sec. 23, Act of Mar. 1, 1893 (27 Stat. 510). Hydraulic mining — Navigable waters, injuring, penalty. Sec. 22, Act of Mar. 1, 1893 (27 Stat. 510). And " Mining by hydraulic process " defined. Sec. 8, Act of Mar. 1, 1893 (27 Stat. 508). Injury to works, penalty. Sec. 22, Act of Mar. 1, 1893 (27 Stat. 510). JuHsdiction. Sec. 3, Act of Mar. 1, 1893 (27 Stat. 507). Labor, hired, work may be done by. Act of Mar. 3, 1899 (30 Stat. 1148). Mines — Plans of, supervision, etc. Sec. 14, Act of Mar. 1, 1893 (27 Stat. 509). Petition, notice of, to be published. Sec. 12, Act of Mar. 1, 1893 (27 Stat. 508). Visiting, inspection. Sec. 20, Act of Mar. 1, 1893 (27 Stat. 510). Navigable channels, noting condition of. Sec. 6, Act of Mar. 1, 1893 (27 Stat. 508). Orders, modifications, etc. Sec. 18, Act of Mar. 1, 1893 (27 Stat. 509). Public lands and material, use of. Sec. 21, Act of Mar. 1, 1893 (27 Stat. 510). BELATED STATUTES. 921 Corps of Engineers — Continued. California Debris Commission — Continued. Recommendations of, appropriations. Sec. 25, Act of Mar. 1, 1893 (27 Stat. 511). Sacramento River, control of floods in. Pars, a-c, sec. 1, Act of Mar. 1, 1917 (39 Stat. — ). Sites, storage, for debris, etc., survey of. Sec. 5, Act of Mar. 1, 1893 (27 Stat. 507). State commissioner of engineers, commission may consult with. Sec. 24, Act of Mar. 1, 1893 (27 Stat. 511). Works, State to pay contractor one-half cost. Act of Mar. 3, 1899 (30 Stat. 1148). Canals — Operation of, tolls, etc. Sec. 4, Act of July 5, 1884 (23 Stat. 147). Regulations for navigation of, to be posted. Sec. 4, Act of Aug. 17, 1894 (28 Stat. 362). Cinore River, Mo., not navigable. Act of Mar. 23, 1900 (31 Stat. 50). Civil engineers — Employment of. Sec. 5253, R. S. Names of employed to be reported to Congress. Sec. 8, Act of Aug. 5, 1886. Number, duties, and compensation to be reported yearly to Congress with the annual estimates. Act of May 10, 1916 (39 Stat. 92). Commissioners of the District of Columbia — Appointment of civil commissioners. Sec. 2, act of June 11, 1878 (20 Stat. 103). Engineer commissioner — Assistants (three), authorized. Act. of Aug. 7, 1894 (26 Stat. 246). Authorization of. Act of June 11, 1878 (20 Stat. 103). Compensation. Act. of Mar. 3, 1881 (21 Stat. 460). Qualifications, etc. Joint res. 7, Dec. 24, 1890 (26 Stat. 1113). Estimates of. Act of June 11, 1878 (20 Stat. 104). Powers, limitation. Act of June 10, 1879 (21 Stat. 9). Salary. Sec. 2, act of June 11, 1878 (20 Stat. 103). Wharf property, control of. Act of Mar. 3, 1899 (30 Stat. 1377). Consolidated items of river and harbor work with aggregate amount appro- priated therefor, allotments to respective works, and disposition of bal- ances remaining to credit of separate works or items, etc. Sec. 3, act of Mar. 4, 1915 (38 Stat. 1052). Contracts and purchases — Application of appropriations. Sec. 3, act of Aug. 11, 1888 (25 Stat. 423). Lands, condemnation and purchase of. Act of Apr. 24, 1888 (25 Stat. 94). Des Moines River, free from tolls. Sec. 5246, R. S. Donation of funds to be expended with public funds for improvement of rivers and harbors. Secretary of War authorized to receive from private parties. Sec. 4, act of Mar. 4, 1915 (38 Stat. 1053). Draftsmen, etc., in office Chief of Engineers. Act of May 28, 1896 (29 Stat. 163). 922 MILITARY LAWS OF THE UNITED STATES. Corps of Engineers — Continued. Draftsmen, skilled, civil engineers, and such other services as the Secretary of War may deem necessary may be employed only in the office of the Chief of Engineers, but the number so employed, their duties, and com- pensation shall be reported to Congress each year with the annual esti' mates. Act of May 10, 1916 (39 Stat. 92). Dredging, restriction on. Sec. 5, act of July 13, 1892 (27 Stat. 111). Establish anchorage grounds in all harbors, rivers, bays, and other navi- gable waters, Secretary of War authorized to define and. Sec. 7, act of Mar. 4, 1915 (38 Stat. 1053). Rules and regulations governing, to be enforced by the Chief of Engi- neers at ports or places where no revenue cutter is available, etc. Sec. 7, act of Mar. 4, 1915 (38 Stat. 1053), Executive Mansion — Furniture for. Sec. 1829, R. S. Inventory of property in. Act of Apr. 17, 1900 (31 Stat. 97). Fishways, authority for construction of. Sec. 11, act of Aug. 11, 1888 (25 Stat. 425). Fortifications, injuries to mines, torpedoes, etc. Act of July 7, 1898 (30 Stat. 717). Funds contributed in excess of actual cost of work may be returned to rep- resentatives of contributing interests upon approval of Secretary of War, etc. Sec. 4, act of Mar. 4, 1915 (38 Stat. 1053). Grant leave of absence to officer of, to assist Republic of China in reclama- tion work. See Details of Army officers. Harbor lines — Establishment of, by Secretary of War. Sec. 11, act of Mar. 3, 1899 (30' Stat. 1151). Extensions, permits for. Sec. 11, act of Mar. 3, 1899 (30 Stat. 1151). Harbor regulations for the District of Columbia — Deposits on shores of Potomac River prohibited. Act of May 19, 1896 (26 Stat. 126). Deposits in Potomac River, unlawful, forbidden. Sec. 2, act of May 19, 1896 (29 Stat. 126). Establishment of harbor lines. Sec. 3, act of Mar. 3, 1899 (30 Stat. 1378). Limitation of. Sec. 4, Act of May 19, 1896 (29 Stat. 126). Violation of, penalty. Sec. 3, Act of May 19, 1896 (29 Stat. 126). Index to annual reports of Chief of Engineers from 1866 to 1917, in- clusive, printing of 1,500 copies authorized. Sec. 4, Act of July 27, 1916 (39 Stat. 411). Injury to public works {see subhead Public works). Iowa River, portion declared not navigable. Sec. 5248, R. S. Isthmian Canal Commission — Duties. Sec. 3, Act of Mar. 3, 1899 (30 Stat. 1150). Funds for support of. Sec. 5, Act of Mar. 3, 1899 (30 Stat. 1150). Investigations, report of. Sec. 6, Act of Mar. 3, 1899 (30 Stat. 1150). Lighthouses — Contracts for erection of. Acts of Aug. 31, 1852 (10 Stat. 120) ; Mar. 2, 1867 (14 Stat. 452). Inspectors. Sec. 4671, R. S. Superintendents of construction, etc. Sec. 4664, R. S. RELATED STATUTES. 923 Corps of Engineers — Continued. Lighthouse Board — Compensation of officers on. Sec. 4679, R. S. Members not to be interested in contracts. Sec. 4680, R. S. Organization. Sec. 4653, R. S. Louisiana, navigable rivers in, public highways. Sec. 5251, R. S. Maquoketa River, construction of bridges across. Sec. 5250, R. S. Missouri River Commission — Creation; composition; duties. Act of July 5, 1884 (23 Stat. 144). Expenditure of appropriations, supervision of. Act of July 5. 1884 (23 Stat. 144). Mississippi River. (See also Mississippi River.) Chief of Engineers or board appointed by Secretary of War to ex- periment with transportation of heavy freight on certain reaches of, with certain type of tows and barges at all stages of water. Act of July 27, 1916 (39 Stat. 403). Control of floods in. Pars, a-d, sec. 1, Act of Mar. 1, 1917 (39 Stat. — ). Snagboats, operation of, on upper Mississippi. Sec. 7, Act of Aug. 11, 1888 (25 Stat. 424). South Pass — Location and extent of regulations for navigation of. Sec. 5, Act of Aug. 11, 1888 (25 Stat. 424) ; sec. 3, Act of Sept. 19, 1890 (26 Stat. 452). Surveys, appropriations for, made permanent. Sec. 4, Act of Aug. 11, 1888 (25 Stat. 424). Material for improvements, how obtained. Sec. 6, Act of July 5, 1884 (23 Stat. 148). Piers and cribs. Sec. 5254, R. S., as amended by Act of May 1, 1882 (22 Stat. 52). Water gauges on, and tributaries. Sec. 5252, R. S. Mississippi River Commission — Creation, composition. Act of June 28, 1879 (21 Stat. 37). Duties, report. Sees. 3, 4, and 5, Act of Feb. 18, 1901 (31 Stat. 792). Headquarters, location general office. Act of Feb. 18, 1901 (31 Stat. 792). Mississippi River and certain of its tributaries placed under jurisdic- tion of. Act of July 27, 1916 (39 Stat. 402). Ohio River improvement, as to locks and dams, etc., excepted from jurisdiction of. Id. Salary of civilian members fixed at $5,000. Sec. 4, Act of Mar. 1, 1917 (39 Stat. — ). Secretary, detail of Engineer officer as. Act of Feb. 18, 1901 (31 Stat. 792). Muskingum River, Ohio, relief of lessees on whose property was destroyed by Ohio Valley flood of March, 1913. Act of Aug. 1, 1914 (38 Stat. 637). Navigable waters of the United States. (See also Navigable waters.) Alabama, certain rivers in, free of tolls. Sec. 5244, R. S. Cinore River, Mo., not navigable. Act of Mar. 23, 1900 (31 Stat. 50). Crum River, Pa., Baldwin Locomotive Works, and certain individuals, authorized to change and divert channel of, etc. Act of July 27, 1916 (39 Stat. 393). New channel to be public navigable stream, etc. Id. 924 MILITARY LAWS OF THE UNITED STATES. Corps of Engineers — Continued. Navigable waters of the United States — Continued. Deposits in. Sec. 13, Act of Mar. 3, 1899 (80 Stat. 1152). Des Moines River, free from tolls. Sec. 5246, R. S. Drawbridges, regulations for use of. Sec. 5, Act of Aug. 17, 1894 (28 Stat. 362). Government pier in Delaware Bay near Lewes, Delaware, to be open to public under regulations to be prescribed by Secretary of War. Act of July 27, 1916 (39 Stat. 394). Repeal of provision authorizing transfer of, to Treasury Depart- ment. Id. Iowa River, not navigable. Sec. 5248, R. S. " Kyle and Young Canal " and the " Morrison Landing extension " of the same, on the Oklawaha River, Fla., acceptance by Secretary of War of title to land and navigation improvement of. Act of July 27. 1916 (39 Stat. 396). Canal and extension to become public waterway of United States. Id. Louisiana, navigable rivers in ; public highways. Sec. 5251, R. S. Maquoketa River, construction of bridges across. Sec. 5250, R. S. Obstruction of, by bridges, etc. Sec. 18, Act of Mar. 3, 1899 (30 Stat. 1153). Public works, unauthorized use of. Sec. 14, Act of Mar. 3, 1899 (30 . Stat. 1152). Within public lands to be public highw^ays. Sec. 2476, R. S. Navigation, obstructions to — Drawbridges, regulations for operation of. Sec. 5, Act of Aug. 17, 1894 (28 Stat. 362). Floating logs, rafts, etc., regulations for. Sec. 2, Act of May 9, 1900 (31 Stat. 172). Penal clauses — Anchoring vessels, etc. Sec. 15, Act of Mar. a 1899 (30 Stat. 1152). Dumping refuse, etc. Sec. 16, Act of Mar. 3, 1899 (30 Stat. 1152). Enforcement of, Department of Justice to conduct proceedings. Sec. 17, Act of Mar. 3, 1899 (30 Stat. 1153). Miscellaneous obstructions. Sec. 12, Act of Mar. 3, 1899 (30 Stat. 1151). Prohibited. Sec. 10, Act of Mar. 3, 1899 (30 Stat. 1151). Sunken vessels. Sec. 19, Act of Mar. 3, 1899 (30 Stat. 1154). Wrecks, removal of, appropriation. Sec. 20, Act of Mar. 3, 1899 (30 Stat. 1154). New York Harbor — Boats to carry name, etc., painted. Sec. 3, Act of Aug. 18, 1894 (28 Stat. 360). Bribing inspector or other officer, penalty. Sec. 3, Act of Aug. 18, 1894 (28 Stat. 360). Dredged matter, disposal of. Sec. 4, Act of June 29, 1888 (25 Stat. 210). Dumping — At unauthorized places, penalty. Sec. 3, Act of June 29, 1888 (25 Stat. 209) as amended by Sec. 3, Act of Aug. 18, 1894 (28 Stat. 360). BELATED STATUTES. 925 Corps of Engineers — Continued. New York Harbor — Continued. Dumping — Continued. Deposits, injurious, forbidden; penalty. Sec. 3, Act. of Aug. 5, 1886 (24 Stat. 329) ; Sec. 1, Act of June 29, 1888 (25 Stat. 209). Permits for, return of, penalty. Sec. 3, Act of Aug. 18, 1894 (28 Stat. 360). Supervisor to designate place of, permits. Sec 3, Act of June 29, 1888 (25 Stat. 209) ; as amended by Sec. 3, Act of Aug. 18, 1894 (28 Stat. 360). Fishing in ship channels forbidden, penalty. Sec. 2, Act of Aug. 17, 1894 (28 Stat. 360). Inspectors, duties, arrests, procedure, etc. Sec. 3, Act of Aug. 18, 1894 (28 Stat. 360). Supervisor, appointment, duties. Sec, 5, Act of June 29, 1888 (25 Stat. 210), Violation of act relating to— Punishment of officer of boat. Sec. 2, Act of June 29, 1888 (25 Stat. 209). Proceedings, arrests, process. Sec. 2, Act of Aug, 17, 1894 (28 Stat, 360). Obstructions to navigation. See Navigation, obstructions to (under Corps of Engineers). Potomac Park — Acquisition of lands required for connecting parkway between Poto- mac Park, Zoological Park, and Rock Creek Park; limitation as to total area to be acquired ; to form part of park system of District of Columbia, etc. Act of July 1, 1916 (39 Stat. 282). Ailanthus trees, purchase of. Sec. 1830, R. S. Bank of the Potomac, control of. Act of Mar. 3, 1899 (30 Stat. 1106). Canal spaces added to park system, etc. Act of Aug. 1, 1914 (38 Stat. 633), Made part of park system. Act of Aug. 1, 1914 (38 Stat. 634). Permits by Secretary of War to occupy reservations, etc, in connection with forty-ninth encampment of the G, A, R. See Grand Army of the Republic. Playground for children. Act of Aug, 30, 1890 (26 Stat, 371). Regulations for control of. Sec. 2, Act of Mar. 3, 1899 (30 Stat. 1106). Restrictions on lagoons or speedways in. Act of Aug. 1, 1914 (38 Stat, 634). Trees, plants, etc., to be propagated. Act of June 20, 1878 (20 Stat. 220). Watchmen to have police power. Act of Aug. 5, 1882 (22 Stat. 257). Public buildings and grounds: Chief of Engineers to have charge of. Sec. 1797, R. S. Employees. Sec. 1799, R. S, ; Act of Jan. 20, 1874 (18 Stat. 4). Estimates and appropriations for. Sec, 1798, R. S. Reports of Superintendent of. Sec. 1812, R. S. Public works, unauthorized use of. Sec. 14, Act of Mar. 3, 1899 (30 Stat. 1152). Public works, injury to, amendment of act, civil actions not affected. Sees. 3 and 4, Act of May 9, 1900 (31 Stat. 172). Report, annual, Chief of Engineers. Sec, 8, Act of Aug. 11, 1888 (25 Stat. 400). 926 MILITARY LAWS OF THE UNITED STATES. Corps of Engineers — Continued. River and harbor works: Preliminary surveys, estimates, reports. Act of Aug. 2, 1882 (22 Stat. 213). Reports of deterioration. Sec. 7, Act of Mar. 3, 1899 (30 Stat. 1150). Statistics, commercial, to be supplied superintendents. Act of Feb. 21, 1891 (26 Stat. 766). Secretary of War authorized to appoint a board of three officers from, to examine and appraise the value of the work and franchises of the East Coast Canal from the St. Johns River to Key West, Fla., with reference to purchasing the canal and the construction by the Government of a free and open waterway, etc. Sec. 15, Act of Mar. 4, 1915 (38 Stat. 1058). South Pass, Mississippi River ; regulations for navigation of. Sec. 5, Act of Aug. 11, 1888 (25 Stat. 424) ; sec. 3, Act of Sept. 19, 1890 (26 Stat. 452). Supply depot for, acquisition of land at Fort Sam Houston, Texas, and con- struction of. Act of Aug. 29, 1916 (39 Stat. 636). Surveys, restriction on, etc. Sec. 2, Act of Mar. 3, 1899 (30 Stat. 1149). Washington Aqueduct: Appropriations for, how expended. Sec. 1802, R. S. Chief of Engineers — Decisions of ; right of appeal to Secretary of War. Sec. 1811, R. S. to Enforce traffic regulations for the protection of, including the Filtration Plant and its accessories, and the Conduit Road. Act of Sept. 1, 1916 (39 Stat. 693). Conduit Road, speed limit over, within District of Columbia, and within Maryland. Id. Prosecution in the police courts of the District for violation of the regulation within the District of Columbia. Id. Prosecutions before United States Commissioner for violation of the regulations within State of Maryland. Id. to Have charge of. Sec. 1800, R. S. to Receive no extra compensation. Sec. 1807, R. S.. to Regulate water supply. Sec. 1810, R. S. Reports of, as superintendent of Washington Aqueduct. Sec. 1812, R. S. to be Supplied, stationery, etc. Sec. 1808, R. S. Miscellaneous provisions: Diversion of water prohibited. Act of Mar. 3, 1893 (27 Stat. 544). Maliciously making water impure. Sec. 1806, R. S. Pipes for use of public buildings. Sec. 1805, R. S. Superintendence and control of, including its rights, appurte- nances, and fixtures, to remain under the Secretary of War. Act of Sept. 1, 1916 (39 Stat. 713). Unauthorized opening of pipes ; penalty. Sec. 1803, R. S. Use of water in public buildings. Act of Mar. 3, 1883 (22 Stat. 615) . Willful breaking of pipes ; penalty. Sec. 1804, R. S. Record of property to be kept. Sec. 1809, R. S. Regulations may be prescribed by President. Sec. 1801, R. S. Superintendent : Lands about reservoir under control of. Act of Mar. 3, 1875 (18 Stat. 393). Reports of. Sec. 1812, R. S. RELATED STATUTES. 927 Corps of Engineers — Continued. Washington Monument: Advertisement or sale of articles in or around prohibited except on written authority of Secretary of War. Acts of Feb. 9 and Mar. 4, 1909 (35 Stat. 615 and 997). Care and maintenance. Act of Oct. 2, 1888 (25 Stat. 533). Employees; extra pay prohibited. Sec. 1835, R. S. Joint commission dissolved. Act of Oct. 2, 1888 (25 Stat. 533). Washington National Monument Society continued. Act of Oct. 2, 1888 (25 Stat. 533). Costa Rica, concessions from. See Panama Canal. Courts-martial : Accused may testify before. See Military tribunals. Closed sessions at trials before. See Military tribunals. Reporters, employment of. See Military tribunals. Punishment of spies. See Military tribunals. Witnesses, attendance of, refusal to testify. See Military tribunals. Crum River, Pa., Baldwin Locomotive Works, and certain individuals, author- ized to change and divert channel of, etc. Act of July 27, 1916 (39 Stat. 393). New channel to be a public navigable stream, etc. Id. Cuba: Commercial treaty with, not affected by customs act. Sec. 3, Act of Aug. 5, 1909 (36 Stat. 83). Concessions not to be granted by United States, during occupation. Act of Mar. 3, 1899 (30 Stat. 1074). Cuban vessels in United States ports, rights of. Act of Feb. 10, 1900 (31 Stat. 27). Establishment of commission to adjudicate claims against Spain. Act of Mar. 2, 1901 (31 Stat. 877). Imports from, reduction in duties on. Act of Dec. 17, 1903 (33 Stat. 3). Independence of, recognized. J. Res. No. 24, Apr. 20, 1898 (30 Stat. 738). Intervention by United States, authorized. Act of Mar. 2, 1901 (31 Stat. 895). Isle of Pines, title to. Act of Mar. 2, 1901 (31 Stat. 895). Public debt of, restrictions on. Act of Mar. 2, 1901 (31 Stat. 895). Ratification of acts of United States during occupancy. Act of Mar. 2," 1901 (31 Stat. 895). Relinquishment of control of, by United States. Act of Mar. 2, 1901 (31 Stat. 895). Sales of rifles and ordnance to, permitted. Act of Mar. 23, 1910 (36 Stat. 261). Sanitation. Act of Mar. 2, 1901 (31 Stat. 895). Stations, coaling and naval, of United States. Act of Mar. 2, 1901 (31 Stat. 895). Treaties of, restrictions on. Act of Mar. 2, 1901 (31 Stat. 895). Treaty with United States to embody certain provisions. Act of Mar. 2, 1901 (31 Stat. 895). Customs duties, imports from Canal Zone. See Panama Canal. Dams, bridges, etc., over or across navigable waters. See Corps of Engineers. Danish West Indian Islands, temporary government for. Sees. 1-8, Act of Mar. 3, 1917 (Pub. No. 389, 39 Stat. — ). 928 MIIJTARY LAWS OF THE UNITED STATES. Daughters of the American Revolution, exemption of property owned by, in District of Columbia from taxation. Act of Aug. 15, 1916 (39 Stat. 514). Exemption of rectory, parsonage, or other pastoral residence from. Id. 515. Debris Commission, California. See Corps of Engineers. Delaware Bay, Del., Government pier in, near Lewes, to be open to public under regulations to be prescribed by Secretary of War. Act of July 27, 1916 (39 Stat. 394). Repeal of provision authorizing transfer of, to the Treasury Department. Id. Department of the Interior : Establishment of. Sec. 437, R. S. General powers and duties of the Secretary. Sec. 441, R. S. Powers and duties of Secretary in relation to Territories. Sec. 442, R. S. Details of Army officers (see also Army officers) : Accept position under Government of Greater Republic of Central America. J. Res. No. 23, Mar. 3, 1897 (29 Stat. 704). Active or retired, with Panama-California Exposition, San Diego, Cal. J. Res. No. 4, of Jan. 15, 1915 (38 Stat. 1221). Active or retired, with the Panama-Pacific International Exposition. Act of Mar. 4, 1915 (38 Stat. 1065). Alaskan railroads. Lieut. Frederick Mears to assist in location and con- struction of. J. Res. No. 17, May 13, 1914 (38 Stat. 772). Coast and Geodetic Survey work, topographical parts of. Sec. 4684, R. S. Allowance of subsistence while so detailed. Sec. 4688, R. S. Engineer officers to assist Mississippi River Commission. Sees. 3 and 6, Act of June 28, 1879 (21 Stat. 38). Engineer officers to assist Missouri River Commission. Act of July 5, 1884 (23 Stat. 144). Engineer officers to superintend construction of lighthouses. Sec. 4664, R. S. Governor of the West Indain Islands. Sec. 1, Actof Mar. 3, 1917 (Pub. 389, 39 Stat. — ). Grant leave of absence to officer of Corps of Engineers to assist Republic of China on reclamation work of the Huai River ; termination of detail, pay during absence, etc. J. Res. No. 18, May 22, 1914 (38 Stat. 772). Indian education. Sec. 7, Act of June 23, 1879 (21 Stat. 35). Indian industrial and training school. Act of July 31, 1882 (22 Stat. 181). Medical officer with Red Cross. Act of Mar. 3, 1911 (36 Stat. 1041). Ordnance officers for Geological Survey. Act of June 16, 1880 (21 Stat. 274). Panama-Pacific International Exposition, prohibition against details to other service not applicable to, allowances for in lieu of transportation and mileage, etc. Act of June 23, 1913 (38 Stat. 76). Details of officers and enlisted men of Navy and Marine Corps to serve under the Government of the Republic of Haiti. Sees. 1-5, Act of June 12, 1916 (39 Stat. 223). Discharge, Army officers accountable for public property to obtain certificates of nonindebtedness before. See Public property. District of Columbia (see also this title under Corps of Engineers) : Anacostia River and Flats — Acquisition of additional land in connection with reclamation and de- velopment of. Act of Mar. 3, 1917 (39 Stat. — ). Adjustment of boundaries and exchange of lands with the Philadelphia, Baltimore and Washington Railroad. Act of Mar. 3, 1917 (39 Stat. ). Appointment of commissioners, estimates, etc. See Corps of Engineers. BELATED STATUTES. 929 District of Columbia — Continued. Aqueduct Bridge, new. See Aqueduct Bridge under Corps of Engineers. Authority to tlie American Society of Civil Engineers to erect a memorial fountain to Alfred Noble in public grounds of. J. Res. No. — , of May 8, 1916 (39 Stat. 65). Burial of ex-Union soldiers in Arlington or other cemeteries in. See National cemeteries. Filled canal spaces in added to park system, ^ee Corps of Engineers. Harbor regulations for. See Corps of Engineers. Juvenile Court, record of conviction against any child is not a disqualifi- cation for jury duty, for holding office, or for any other public service under the Federal of District Governments. Act of Apr. 27, 1916 (39 Stat. 56). Persons convicted of crimes in courts of and sentenced to confinement for more than one year may be confined in the District reformatory instead of a penitentiary, etc. Act of Sept. 1, 1916 (39 Stat. 711). Playground for children, regulations for control of, etc. iSee Corps of Engineers. Potomac Park, made part of the park system. See Corps of Engineers. Acquisition of lands required for connecting parkway between Potomac Park, Zoological Park, and Rock Creek Park; limitation as to total area to be acquired ; to form part of park system of District of Columbia, etc. Act of July 1, 1916 (39 Stat. 282). Public grounds. Women's Titanic Memorial Association to erect memorial in to heroes of steamship Titamc. Sec. 7, Act of Mar. 3, 1917 (39 Stat. — ). Restrictions on lagoons or speedways in. See Corps of Engineers. Reformatory of, persons convicted in District courts and sentenced to con- finement for more than one year may serve sentence in instead of in a penitentiary, etc. Act of Sept. 1, 1916 (39 Stat. 711). Statue to Admiral Dupont in Dupont Circle, Chief of Engineers may grant permission for removal of, etc. Act of Feb. 26, 1917 (Pub. Res. No. 51, 39 Stat. — ). Subsistence allowances to persons traveling on oflScial business outside of. Sec. 13, Act of Aug. 1, 1914 (38 Stat. 680). Transfer of prisoners heretofore convicted in District courts to serve re- mainder of term of confinement in. Act of Sept. 1, 1916 (39 Stat. 711). Wharf property, control of. See Corps of Engineers. District of Columbia militia : Authority to make contracts, etc. See Militia. Deduction of pay to reimburse for loss of public property, etc. See Militia. Purchase of supplies, etc. See Militia. District of Columbia Naval Militia, authorization of, etc. See Militia. Donation of funds: Contributed to be expended with public funds for improvement of rivers and harbors ; Secretary of War authorized to receive from private parties. See Rivers and harbors. Funds contributed in excess of actual cost of work may be returnetl to representatives of contributing interests upon approval of Secretary of War, etc. See Rivers and harbors. Dowsett Co. (Ltd.) given permission, within a time limit, to remove certain buildings from Schofield Barracks Military Reservation, Territory of Hawaii. Act of Aug. 29, 1916 (39 Stat. 636). 92061°— 17 59 930 MILITARY LAWS OF THE UNITED STATES. Draftsmen in office of the Chief of Engineers. See Corps of Engineers. Du Pont Circle, Wahington, D. C, Chief of Engineers may permit removal of statue of Admiral Du Pont from. Act of Feb. 26, 1917 (Pub. Res. No. 51, 39 Stat. — ). East Coast Canal, Secretary of War authorized to appoint a board of three oflEicers from the Corps of Engineers to examine and appraise the value of . the work and franchises of the canal from the St. Johns River to Key West, Fla., with reference to its purchase by the Government and the construction of a free and open waterway, etc. Sec. 15, Act of Mar. 4, 1915 (38 Stat. 1058). Eight-hour day, establishment of for employees of carriers engaged in Interstate and foreign commerce. Sees. 1-4, Act of Sept. 3-5, 1916 (39 Stat. 721). Employees, Government Printing Office, not to be detailed in other branches of service. See Printing and binding. Employment of military force: Remove and destroy unlawful inclosures of public lands. Sec. 5, Act of Feb. 25, 1885 (23 Stat. 322). Timber, felling; unlawful inclosures. Sec. 2460, R. S. Trespassers, removal. Sec. 1, act of Mar. 3, 1807 (2 Stat. 445). Tresspass or intrusion in General Grant National Park, Sequoia National Park, or Yosemite National Park for purpose of destroying the game or objects of curiosity therein. Act of June 6, 1900 (31 Stat. 618). Treason. Sees. 1, 2, 3, 4, 5, 6, 7, and 8, Act of Mar. 4, 1909 (35 Stat. 1088). Engineer Corps. See Corps of Engineers. Engineer officers, detail of to assist Mississippi and Missouri River Commis- sions, etc. See Details of Army ofllcers. Enlisted men. President authorized to employ all persons in land and naval service in connection with Coast and Geodetic Survey work. See Army. Enlistments, foreign Governments, ministers of United States may issue writs to prevent American citizens from entering military service. See Neutrality. Estimates : National Homes for Disabled Volunteer Soldiers. See National Homes for Disabled Volunteer Soldiers. Panama Canal, Canal Zone, etc., to be submitted. See Panama Canal. Europe : Relief, protection, and transportation of American citizens in, made neces- sary by existing political disturbances, etc. Joint Res. No. 30, Aug. 3, 1914 (38 Stat. 776). Relief, protection, and transportation of American citizens in, made neces- sary by existing political disturbances, etc. Use of officers, employees, and vessels of United States and use of supplies of Naval or Military Establishments, etc. Joint Res. No. 31, Aug. 5, 1914 (38 Stat. 776). Evidence : Legislative acts and judicial proceedings, authentication of. See Military tribunals. Little & Brown's edition of Statutes at Large to be competent. See Mili- tary tribunals. Records, documents, etc., copies of, in executive departments as. See Mili- tary tribunals. Executive departments : Attorneys practicing before, use of names of Members of Congress or offi- cers to advertise their business. Act of Apr. 27, 1916 (39 Stat. 54). Certificate of necessity for printing and binding to be furnished. See Printing and binding. BELATED STATUTES. 931 Executive departments — Continued. Evidence, copies of records, documents, etc., to be received as. See Military tribunals. Executive Mansion, furniture for and inventory of property in. See Corps of Engineers. Explosives for military service, transportation of. See Interstate commerce. Exposition, Panama-Pacific International, building for Government exhibit on Presidio of San Francisco military reservation and use of after close- of exhibition. See Panama-Pacific International Exposition. Expositions, property may be transported to or from free or at reduced rates. Sec. 22, Act of Feb. 4, 1887 (24 Stat. 380), as amended by sec. 9, Act of Mar. 2, 1889 (25 Stat. 862). Expositions or fairs, transportation of public property to or from. See Inter- state commerce. Fairs, property may be transported to or from free or at reduced rates. Sec. 22, Act of Feb. 4, 1887 (24 Stat. 380), as amended by sec. 9, Act cf Mar. 2, 1889 (25 Stat. 862). Fairs or expositions, transportation of public property to or from. See Inter- state commerce. Federal prisoners : Deduction from sentence for good conduct. Sees. 5543, 5544, R. S., as amended by Act of Mar. 3, 1875 (18 Stat. 479). See also Act of Mar. 3, 1891 (26 Stat. 840), superseded by Act of June 21, 1902 (32 Stat. 397), as amended by Act of Apr. 27, 1906 (34 Stat. 149). Military prisoners, deductions from sentence for good conduct. Sees. 1, 2, 3, Act of June 21, 1902 (32 Stat. 397). Parole of. Act of June 25, 1910 (36 Stat. 819), as amended by Act of Jan. 23, 1913 (37 Stat. 650). Fees, Philippine Islands, to civilian witnesses. See Philippine Islands. Firearms, Philippine Islands, lawful possession of, by officers, soldiers, etc. See Philippine Islands. Fires, setting, on public lands. See Public lands. Fire sufferers, Salem, Mass., relief of, expenditures under Secretary of War. See Salem, Mass. Fishways in navigable waters, authority for construction of. See Corps of Engineers. Flags and ensigns. Secretary of War authorized to loan for purpose of deco- rating streets during forty-ninth encampment of the Grand Army of the Republic. See Grand Army of the Republic. Floods : Examinations, surveys, and projects relating to control of. Sec. 3, Act of Mar. 1, 1917 (39 Stat ). Mississippi River, control of. Pars, a-d, Sec. 1, Act of Mar. 1, 1917 (39 Stat. ). Sacramento, Cal., control of. Pars, a-c, Sec. 2, Act of Mar. 1, 1917 (39 Stat. ). Flood sufferers of North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee, and Mississippi, Secretary of War authorized to furnish food, Quartermaster and Medical Department supplies, etc., to. J. Res. No. — of Aug. 3, 1916 (39 Stat. 434). Authorization for extension of such relief to the flood sufferers of West Virginia. J. Res. — of Aug. 24, 1916 (39 Stat. 534). 932 MILITARY LAWS OF THE UNITED STATES. Florida flood sufferers of 1916, Secretary of War authorized to relieve with food, supplies of the Quartermaster and Medical Departments, etc. J. Res. No. __ of Aug. 3, 1916 (39 Stat. 434). Fords (Mokuumeume) Island naval reservation, island of Oahu, Territory of Hawaii. Transfer of control and jurisdiction over to War Department for use for military purposes. Act of Aug. 29, 1916 (39 Stat. 568). Foreign governments, ministers of United States may issue writs to prevent American citizens from enlisting in military service of. See Neutrality. Foregin governments, President authorized to invite all of the great Govern- ments of the world to send representatives to a conference to be charged with the formation of a plan for a court of arbitration or other tribunal to settle international disputes. Act of Aug. 29, 1916 (39 Stat. 618). Appointment of nine citizens to be representatives of the United States in such a conference. Id. Appropriation made and set aside for expenses of. Id., Compensation of representatives, etc., to be fixed by President. Foreign officials, entertainment of, in connection with Panama-Pacific Inter- national Exposition. See Panama-Pacific International Exposition. Foreign vessels, Philippine Islands, tonnage tax levied on, when entering United States from. See Philippine Islands. Fort Bayard Hospital : Subject to rules and articles of war. See Medical Department. Treat officers and men of Army, Navy, and Marine Corps. See Medical Department. Fortifications, injuries to mines, torpedoes, etc. See Corps of Engineers. Fort I^eavenworth Military Prison changed to United States penitentiary and restored to War Department. See Military prison. Port McHenry Militar^^ Reservation, temporary cession of jurisdiction to State of Maryland over that portion leased to city of Baltimore. J. Res, of Apr. 3, 1916 (39 Stat. 46). Fort Mason Military Reservation, temporary cession of jurisdiction to State of California over portion used for exposition purposes. See Panama-Pacific International Exposition. Franchises, Philippine Islands, for works of public utility, regulations to be adopted. See Philippine Islands, Gama, Senor Domicio da, thanks of Congress and gold medal presented to, for services as mediator between United States and warring parties in Mexico. See Medals. General Grant National Park. See National parks. Removal of trespassers, etc., from. See Employment of military force. Geological Survey, detail of ordnance officer with. See Details of Army officers. Georgia flood sufferers of 1916, Secretary of War authorized to relieve with food, supplied by the Quartermaster and Medical Departments, etc. J. Res. No. — , of Aug. 3, 1916 (39 Stat 434). Gettysburg National Park. See National military parks. Good-conduct time, deductions from sentences of military prisoners. See Fed- eral prisoners. Government Printing Office, employees of, not to be detailed in other branches of service. See Printing and binding. Grand Army of the Republic: Commissioners of District of Columbia to make special regulations for oc- casion of forty-ninth encampment, to be held in Washington, September- October, 1915. J. Res. No. 8, sec. 1, of Mar. 3, 1915 (38 Stat., 1222). BELATED STATUTES. 933 Grand Army of the Republic — Continued. Loan of ensigns, flags, etc., by Secretary of War for purposes of decorating streets during encampment. Sees. 3 and 4, id. 1223. Loan of hospital tents, ambulances, horses, drivers, etc., by Secretary of War, for caring for the sick, injured, and infirm during the encampment. Sec. 6, id. 1224. Permits to use reservations and other public spaces in the city of Washing- ton during encampment, Secretary of War authorized to issue. Sec, 5, id. Grant Memorial, Gen. Ulysses S., appropriation heretofore made for unveiling and dedicating made available during fiscal year 1917. Act of July 1, 1916 (39 Stat. 291). Graves of Confederate dead, marking in all national cemeteries and cemeteries at Federal military stations or locations throughout the country. See Mark- ing graves of Confederate dead. Guilford Courthouse National Military Park. See National military parks. Habeas corpus, Philippine Islands, employment, suspension, etc., of writ of. See Philippine Islands. Hague convention, hospital ships. See Medical Department. Haiti, Republic of, detail of officers and enlisted men of Navy and Marine Corps to serve under Government of. Sees. 1-5, Act of June 12, 1916 (39 Stat. 223). Harbor defenses, injuries to mines, torpedoes, etc. See Corps of Engineers. Harbor ]ines, establishment and extension of, in navigable waters. See Corps of Engineers. Harbor regulations for the District of Columbia. See Corps of Engineers. Henry Barracks Military Reservation, Gayey, P. R. Transfer of control and jurisdiction over portion known as Magazine Hill to the Navy Department for naval purposes. Act of Aug. 29, 1916 (39 Stat. 568). Hetch Hetchy Valley Reservoirs, Yosemite National Park, sale to War Depart- ment by city and county of San Francisco, Cal., of water required on military reservations in or near the city of San Francisco on certain conditions, etc. Par. (u), sec. 9, Act of Dec. 19, 1913 (38 Stat. 250). Highways, public land, right of way for. See Public lands. Homesteads, mode of procedure, right of entry, etc. See Public lands. Horses, militia, purchase and maintenance of. See Militia. Hospitals : Fort Bayard, subject to rules and articles of war. See Medical Depart- ment. Fort Bayard, treat officers and )nen of Army, Navy, and Marine Corps. See Medical Department. Hot Springs, Ark., establishment of, use of hot water, etc. See Medical Department. Hot Springs (S. Dak.) National Sanitarium in connection with National • Home for Disabled Volunteer Soldiers. See Medical Department. Hospital and medical supplies. Medical Department authorized to sell to Sol- diers' Home at contract price. See Soldiers' Home. Hospital ships, The Hague convention. See Medical Department. Hot Springs Hospital, Arkansas, establishment of, use of hot water, etc. See Medical Department. Hot Springs National Sanitarium, South Dakota, in connection with Nationtfl Home for Disabled Volunteer Soldiers. See Medical Department. Hunting, National parks, penalty for trespassing and shooting on. See Na- tional parks. Index to annual reports of Chief of Engineers from 1866 to 1917, inclusive, printing of 1,500 copies authorized. Sec. 4, Act of July 27, 1916 (39 Stat. 411) . 934 MILITARY LAWS OF THE UNITED STATES. Indian and colored soldiers, widows of. See Pensions. Indian reservations, removal of persons from. See Indians. Indians : Agencies — Consolidated. Sec. 6, Act of Mar. 1, 1883 (22 Stat. 451). Discontinued. Sec. 2053, R. S., Act of June 22, 1874 (18 Stat. 177). Discontinued and transferred. Sec. 2054, R. S., and sec. 2059, R. S. Limited. Sec. 2066, R. S. Agents — Appointment. Sec. 2052, R. S.; sec. 1, Act of Feb. 14, 1873 (17 Stat. 437) ; Act of June 22, 1874 (18 Stat. 147) ; Act of Aug. 15, 1894 (28 Stat. 286). Bonds. Sec. 2057, R. S. Act of Mar. 3, 1875 (18 Stat. 451). Duties. Sec. 2058, R. S., and sees. 4, 5, and 10, Act of Mar. 3, 1875 (18 Stat. 449-451) ; Act of May 27, 1878 (20 Stat. 86) ; sec. 9, Act of July 4, 1884 (23 Stat. 98). Residences. Sec. 2060, R. S. Term of office. Sec. 2056, R. S. Act of May 17, 1882 (22 Stat. 87). American captives, moneys due Indians. Sec. 2102, R. S. Annuities — To minors. Sec. 8, Act of Mar. 1, 1899 (30 Stat. 947). Mode of payment and distribution of goods. Sec. 2086, R. S. ; sec. 6, Act of Mar. 3, 1875 (18 Stat. 450) ; Act of Aug. 15, 1876 (19 Stat. 196). Payment in goods. Sec. 2082, R. S. Payment in coin. Sec. 2081, R. S. Withholding from intoxicated persons. Sec. 2087, R. S. Annual accounts of disbursements. Sec. 2091, R. S. and sec. 8, Act Mar. 3, 1875 (18 Stat. 450). Arms, sale of, prohibited. Sec. 467, R. S. Arms, etc., trading with hostile and uncivilized, prohibited. Sec. 2136, R. S. and J. Res. No. 20, Aug. 5, 1876 (19 Stat. 216). Arson. Sec. 2143, R. S. Assault, penalty. Sec. 2142, R. S. Assault upon United States officials, penalty ; jurisdiction of district court. Act June 9, 1888 (25 Stat. 178). Cattle, sale of, penalty. Act July 4, 1884 (23 Stat. 94). Children, legitimacy of. Sec. 10, Act June 7, 1897 (30 Stat. 62). Citizenship, adopting civilized life and allottees. See Naturalization. Civilized life, protection of. Sec. 2119, R. S. Commissioner of Indian Affairs, duties. Sec. 463, R. S. Compensation. Sec. 2076, R. S. Correspondence to excite to war, penalty. Sec. 2113, R. S. Crimes, jurisdiction; certain offenses subject to territorial laws. Sec. 9, Act of Mar. 3, 1885 (23 Stat. 385). General laws respecting, extended to. Sec. 2145, R. S. Crimes and offenses. Sec. 328, Act Mar. 4, 1909, Criminal Code (35 Stat. 1151). Detail of Army officers — for Education of. See Details of Army officers, for Industrial and training schools. See details of Army officers. Deeds, acknowledgment of by agents. Sec. 2064, R. S. Disbursing officers, security additional. Sec. 2075, R. S. Disbursements, mode of. Sec. 2089, R. S. RELATED STATUTES. 935 Indians — Continued. Depositions, superintendent to take. Sec. 2157, R. S. Employees not to trade with. Sec. 2078, R. S. ' Foreigners entering Indian country without passports, penalty. Sec. 2134, R. S. Goods — Mpde of distribution. Sec. 2090, R. S. Proceedings against, for violating revenue laws. Sec. 2125, Br. S. Purchase of. Sec. 2083, R. S., and Act of June 22, 1874 (18 Stat. 176) ; sec. 7, Act of Mar. 3, 1875 (18 Stat. 450) ; Act of Aug. 15, 1876 (19 Stat. 196). Grants or purchases from. Sec. 2116, R. S. Horse stealing, robbery. Act. Feb. 15, 1888 (25 Stat. 33). Hostile, annuities. Sec. 2100, R. S. Hunting on lands, prohibited. Sec. 2137, R. S. Inspectors. Sec. 2043, R. S. ; sec. 6, Act of Feb. 14, 1873 (17 Stat. 463) ; Act of Mar. 3, 1875 (18 Stat. 422) ; Act of May 31, 1900 (31 Stat. 224). Inspectors, powers and duties. Sec. 2045, R. S. Issues of food, etc., report of number receiving. Sec. 2109, R. S. Laws for agents. Sec. 7, Act of May 17, 1882. (22 Stat. 88). Leaves of absence for agents and employees. Sec. 2074, R. S. Liquors and firearms, sales of, to Indians in Alaska, penalty. Sees. 142 and 466, Act of Mar. 3, 1899 (30 Stat. 1253). Liquors, sale of, punishment. Sec. 8, Act of Mar. 1, 1895 (28 Stat. 693). Mails, forgery and depredations. Sec. 2144, R. S. Oaths- Administered by agents. Act of Mar. 1, 1899 (30 Stat. 924). in Pension claims before agents. Sec. 2, Act of July 26, 1892 (27 Stat. 272). Offices, holding of two, prohibited. Sec. 2074, R. S. Payments by special agents, compensation, bond. Sec. 11, Act of Mar. 3, 1895 (28 Stat. 910). Penalties, how recovered. Sec. 2124, R. S. . Police — Act of May 27, 1878 (20 Stat. 76). Allottees preferred for employment. Sec. 5, Act of Feb. 8, 1887 (24 Stat. 390). Crimes against, to be tried, district court. Act of Mar. 2, 1887 (24 Stat. 464). Posse commitatus to be used in executing process. Sec. 2153, R. S. Process, to be executed by marshals. Act of June 4, 1888 (25 Stat. 167). Proof, burden of. Sec. 2126, R. S. Property, injury to, by Indians. Sec. 2156, R. S. Property, payment for same if reparation can not be made. Sec. 2155, R. S. Property, reparation for injury. Sec. 2154, R. S. Purchases, manner of. Sec. 2084, R. S. Rape. Sec. 5, Act of Jan. 15, 1897 (29 Stat. 487). Reservation, removal of persons from. Sec. 2149, R. S. Return to Indian country, penalty. Sec. 2148, R. S. Schools — Detail or Army officers for normal and industrial training. iSfee De- tails of Army officers. Use of vacant military posts and barracks for normal and industrial training. See Details of Army officers. 936 MILITARY LAWS OF THE UNITED STATES. Indians — Continued. Secretary of the Interior charged with supervision of. Sec. 441, 11. S. Seditious messages — Carrying, penalty. Sec. 2112, R. S. Sending. Sec. 2111, R. S. Special agents and commissions. Sec. 2067, R. S. Stock feeding on Indian lands. Sec. 2117, R. S. Suba gents — Sec. 2055, R. S. Interpreters discontinued. Sec. 2073, R. S. and Act of Feb. 27, 1877 (19 Stat. 244). Supplies, claims for. Sec. 2085, R. S. Survey of reservations. Sec. 2115, R. S. Trade— Except skins and furs, prohibited. See. 2135, R. S. Prohibited by President. Sec. 2132, R. S. Traders — Appointee. Sec. 2128, R. S. Appointment of. Sec. 5, Act of Aug. 15, 1876 (19 Stat. 200). Traders' license — Sec. 2129, R. S. Refusal of. Sec. 2130, R. S. Revocation of. Sec. 2131, R. S. Trading without license, penalty. Sec. 2133, R. S. and Act of July 31, 1882 (22 Stat. 179). Training school, superintendent, bond. Act of Mar. 3, 1899 (30 Stat. 924). Traveling expenses. Sec. 2077, R. S. Treaties — Abrogation of. Sec. 2080, R. S. ; Sec. 2, Act of Mar. 2, 1875 (18 Stat. 449). None in future. Sec. 2079, R. S. and Sec. 3, Act of June 22, 1874 (18 Stat. 176) ; Act of June 10, 1876 (19 Stat. 58). Treaty, violations, goods withheld. Sec. 2101, R. S. Tresspass by chief, cause for suspension. Sec. 2121, R. S. Trespassing on lands. Sec. 2120, R. S. Tribes west of Mississippi River under general superintendence of Presi- dent. Sec. 2114, R. S. Timber — Dead and fallen. Act Feb. 16, 1889 (25 Stat. 673). Depredations. Sec. 5388, R. S. Act June 4, 1888 (25 Stat. 166). Two offices, holding prohibited ; leaves of absences. Sec. 2074, R, S. White man marrying an Indian woman not to acquire tribal rights. Act Aug. 9, 1888 (25 Stat. 392). Indian Wars, pension for services in. See Pensions. Indian Wars, pensions to survivors of certain. Sees. 1-3, Act of Mar. 4, 1917 (Pub. 400, 39 Stat. — ). Indigent soldiers, burial of, in national cemeteries. See National cemeteries. Insane, inmates National Homes for Disabled Volunteer Soldiers, care of. See National Homes for Disabled Volunteer Soldiers. Insane natives, Philippine Islands, serving in Army, care of. See Philippine Islands. Inspector General's Department, appointments in, from Volunteers. Act of Mar. 2, 1901 (31 Stat. 900). BELATED STATUTES. 937 Insular Government, Philippine Islands, salary of Army officers detailed to duty under. See Philippine Islands. Interisland traffic, Philippine Islands, regulations governing. See Philippine Islands. Interior, Department of. See Department of the Interior. International arbitration, courts or other tribunals for settlement of all inter- national disputes by. President authorized to invite all of the great Govern- ments of the world to send representatives to a conference to be charged with the formulation of a plan for. Act of Aug. 29, 1916 (39 Stat. 618). Appointment by President of nine citizens to be representatives of the United States at such a conference. Id. Compensation of representatives, etc., to be fixed by President. Appropria- tion made and set aside for expenses of. Id. International arbitration, declared policy of United States to settle all of its international disputes by mediation or. Id. Interstate commerce, transportation: Animals, prevent cruelty ; feeding and resting periods. Act of June 29, 1906 (34 Stat. 607). Eight-hour day for employees of carriers engaged in foreign or. Sees. 1-4, Act of Sept. 3-5, 1916 (39 Stat. 721). Explosives for military. Sec. 232, Act of Mar. 4, 1909 (35 Stat. 1134). Property of the United States or property to or from fairs or expositions free or at reduced rates. Sec. 22, Act of Feb. 4, 1887 (24 Stat. 380), as amended by Sec. 9, Act of Mar. 2, 1889 (25 Stat. 862). Quarantine live stock, notice to carriers. Act of Feb. 2, 1903 (32 Stat. 791). Intervention by United States in Cuban affairs, authorization for. See Cuba. Isthmian Canal Commission. (/See also Panama Canal.) Appointment, qualifications, duties, etc. Sec. 7, Act of June 28, 1902 (32 Stat. 483). ■ Appropriations available for payment of obligations of. Sec. 4, Act of May 27, 1908 (35 Stat. 387). Accounts of, audited by Auditor for War Department. Act of Feb. 3. 1905 (33 Stat. 647). Canal Zone, leases of land in. Act of Feb. 27, 1909 (35 Stat. 658). Duties, etc., of. See Corps of Engineers. Employees, leaves of absence to. Act of Feb. 24, 1909 (35 Stat. 645). » Employment of engineers, compensation. Sec. 7, Act of June 28, 1902 (32 Stat. 483). Engineers, offices for. Sec. 7, Act of June 28, 1902 (32 Stat. 483). Powers conferred on President may be exercised through. Sec. 5, Act of Feb. 27, 1909 (35 Stat. 658). Isle of Pines, title to. See Cuba. Judge Advocate General's Department, appointments in, from Volunteers. Act of Mar. 2, 1901 (31 Stat. 900). Judicial proceedings, evidence, authentication of. See Military tribunals. Jury duty, record of conviction against any child in the Juvenile Court of the District of Columbia not a disqualification for. Act of Apr. 27, 1916 (39 Stat. 56). Justices of the peace, Philippine Islands, Army officers to be, in connection with sale of intoxicating liquors. See Philippine Islands. Juvenile court. District of Columbia, record of conviction against any child in, not a disqualification for jury duty, for holding office, or for any other public service under the Federal or District Governments. Act of Apr. 27, 1916 (39 Stat. 56). 938 MILITARY LAWS OF THE UNITED STATES. " Kyle and Young Canal " and the " Morrison Landing extension " of the same, on the Oklawaha River, Florida, acceptance of title by Secretary of War to the land and navigation improvements, etc. Act of July 27, 1916 (39 Stat 396). Canal to become free public waterway of the United States. Id. Lagoons, Potomac Park, District of Columbia, restrictions on. See Corps of Engineers. Land registration, Philippine Islands, procedure in filing claims, etc., in court of. See Philippine Islands. Lands : Acquisition of, for national cemeteries. See National cemeteries. Condemnation and purchase of, for river and harbor improvement. See Corps of Engineers. Philippine Islands, acquisition of privately owned, for military purposes. See Philippine Islands. Laundresses, hereafter women not allowed to accompany troops as. See Army. Leases : Land in Canal Zone. See Isthmian Canal Commission. Public lands, Canal Zone. See Panama Canal. Leave of absence. President authorized to grant to officer of Corps of Engineers, to assist Republic of China on reclamation work. See Details of Army officers. Legislative acts, evidence, authentication of. See Military tribunals. Leprosy, home for care and treatment of persons afflicted with. Secretary of War may transfer abandoned military reservation for. Act of Feb. 3, 1917 (Pub. No. 299, 39 Stat. — ). Lessees of water power on Muskingum River, Ohio, whose property was de- stroyed by Ohio Valley flood of March, 1913, relief of. See Corps of Engi- neers. Library, Surgeon General's office, binding and location of. See Medical Depart- ment. Licenses : Liquor, Philippine Islands, not to be granted on military reservations or within certain areas. See Philippine Islands. Philippine Islands, coastwise and harbor vessels. See Philippine Islands, to Practice medicine or surgery in Alaska, not to apply to emergency medi- cal relief to natives. Sec. 15, act of Feb. 6, 1909 (35 Stat. 604). Lighthouse Board, compensation, organization, etc., of. See Corps of Engi- neers. Lighthouses, construction, inspection, etc., of. See Corps of Engineers. Lincoln Farm Association, acceptance of title from to the homestead of Abra- ham Lincoln and the log cabin in which he was born, together with the memorial hall inclosing the same, and an endowment fund of $50,000 in relation thereto. After acceptance of the property by the President and Secretary of War its control to be under the Secretary of War. Act of July 17, 1916 (39 Stat. 385). Lincoln memorial: Approval of plan and design of commission. J. Res. No. 7, Feb. 1, 1913 (37 Stat. 1022). Authorized, commission created. Act of Feb. 9, 1911 (36 Stat. 898). Resident commissioner designated, compensation. Act of Mar. 3, 1913 (37 Stat. 731). BELATED STATUTES. 939 Liquor licenses: Disposition of moneys derived from in Alaslia. 8ee Alaska. Philippine Islands, not to be granted on military reservations or within cer- tain areas. See Philippine Islands. Liquors : National Home for Disabled Volunteer Soldiers, loss of appropriation where permit sale of iijtoxicating. See Medical Department. Prohibition of manufacture and sale of in Alaska. Sees. 1-33, Aet of Keb. 14, 1917 (39 Stat. — ). Sale of to Indians, punishment. See Indians. State or territorial homes for disabled soldiers and sailors, loss of appropri- ation where permit sale of intoxicating. See Medical Department. Locust pest, Philippine Islands, suppression of. See Philippine Islands. Machines, typewriting, restrictions as to price to be paid by Government for. See Typewriting machines. Marine Corps, detail of officers and enlisted men of Navy and, to serve under Government of Republic of Haiti. Sees. 1-5, Act of June 12, 1916 (39 Stat. 223). Marine Corps. Fort Bayard Hospital, treatment of officers and men at. See Medical Department. Marking graves of Confederate dead ; provisions for extended to graves of Confederate soldiers and sailors in all National cemeteries and cemeteries at Federal military stations or locations throughout the country. J. Res. No. 7, Mar. 14, 1914 (38 Stat. 768). Further continuation for two years of provisions relating to, and providing that the registers shall include the time and place of death of each Coik- federate soldier prisoner of war. J. Res. No. — , of Apr. 17, 1916 (39 Stat. 52). Maryland, temporary cession of jurisdiction to State of over that portion of Fort McHenry Military Reservation which has been leased to the city of Baltimore. J. Res. No. — , of Apr. 3, 1916 (39 Stat. 46). Mears, Frederick, Lieut., detail of to assist in location and construction of Government railroads in Alaska. .1. Res. No. 17, May 13, 1914 (38 Stat. 772). Medals, gold, with thanks of Congress presented to Senors Domicio da Gama, Romulo S. Naon, and Eduardo Suarez for services as mediators between Government of United States and warring parties in Republic of Mexico. J. Res. No. 17, of Mar. 4, 1915 (38 Stat. 1228). Mediation or arbitration, declared policy of United States to settle all interna- tional disputes by. Act of Aug. 29, 1916 (39 Stat. 618). Mediators, thanks of Congress and gold medals presented to Senors Domicio da Gama, Romulo S. Naon, and Eduardo Suarez for services as between United States and warring parties in Mexico. See Medals. Medical Bulletin, Army, for instruction of medical officers. See Medical De- partment. Medical Department: Authorized to sell medical and hospital supplies to soldiers' home at con- tract price. See Soldiers' home. Commutation direct to soldier, no fee to agent or attorney. Act of Mar. 3, 1891 (26 Stat. 979). Commutation to persons who can not use artificial limbs. Sec. 4790, R.. S. Fort Bayard Hospital — Subject to Rules and Articles of War. Act of June 12. 1906 (34 Stat. 255). 940 MILITAEY LAWS OF THE UNITED STATES. Medical Department — Continued. Fort Bayard Hospital — Continued. to Treat officers and men, Navy and Marine Corps. Act of Mar. 2, 1907 (34 Stat. 1172). Hospital ships, The Hague convention. Sec. 1, Act of Mar. 24, 1908 (35 Stat. 46). Hot Springs, Ark. — Creating reservation. Sec. 4, Act of Mar. 3, 1877 (19 Stat. 378) ; Act of Dec. 16, 1878 (20 Stat. 258) ; sec. 3, Act of June 16, 1880 (21 Stat. 289). Estimates, post military establishment. Act of Aug. 4, 1886 (24 Stat. 245) ; Act of Mar. 3. 1909 (35 Stat. 748). Hospital, establishment of. Act of June 30, 1882 (22 Stat. 121). Hot water for additional houses ; new bathhouses not to be owned by interested persons. J. Res. No. 8, Mar. 25, 1888 (26 Stat. 619). Hot water for bathhouses off reservation. J. Res. No. 14. Mar. 3. 1887 (24 Stat. 647). Hot Springs (S. Dak.) National Sanitarium, establishment. Sec. 1, Act of May 29. 1902 (32 Stat. 282). Library, binding. Sec. 96, Act of Jan. 12, 1895 (28 Stat. 601). Library, Surgeon General's Office, Ford's Theater, building for. Act of Apr. 7, 1866 (12 Stat. 23). National Home for Disabled Volunteer Soldiers, appropriation for, not available for any branch which permits sale of intoxicating liquors. Act Aug. 1, 1914 (38 Stat. 642). Printing and binding. Army Medical Bulletin for instruction of medical officers. Act of Aug. 1, 1914 (38 Stat. 642). State or Territorial Homes for disabled soldiers and sailors, appropriation for, not available for any home which permits sale of intoxicating liquors. Act of Aug. 1, 1914 (38 Stat. 642). ^tate or Territorial Homes for disabled soldiers and sailors, collections from inmates for support of. Act of Aug. 1, 1914 (38 Stat. 642). Supply depot at Fort Sam Houston, Tex. Acquisition of additional land for and construction of. Act of Aug. 29, 1916 (39 Stat. 636). Medical and hospital supplies. Medical Department authorized to sell to soldiers' home at contract price. See Soldiers' home. Medical officers, Army Medical Bulletin for instruction of. See Medical Depart- ment. Medical officer, detail of, with Red Cross. See Details of Army officers. Medicine and surgery, license to practice in Alaska not to apply to emergency medical relief to natives. Sec. 15, Act of Feb. 6, 1909 (35 Stat. 604). Memorial amphitheater, Arlington, Va. See Arlington memorial amphitheater. Memorial monument to commemorate the women of 3 A. W. Assistant judge advocate, 11,, 116 A. W. Challenges, 18 A. W. Closed sessions, 30 A. W. Composition, 4, 5 A. W. Confinement, 42 A. W. Continuances, 20 A. W. Depositions, 25, 26 A. W. Dismissal of officers, 48, 51 118 A. W. Execution of sentences, 46 A. W. General officers, sentences respecting, 48 A. W. Judge advocate, 11, 17, 19 A. W. Jurisdiction, 12 A. W. Limits of punishment, 45 A. W. Number of officers, 5 A. W. Oaths, 19 A. W. Order of voting, 31 A. W. Pardon and mitigation, 50 A. W. Procedure, rules of, 38 A. W. Rank of officers composing, 16 A. W. Records, disposition, 35 A. W. Records, preparation, 33 A. W. Voting, 31 A. W. Witness for prosecution, 8 A. W. General officers, sentences respecting, 48 A. W. Good order on march, etc., 89 A. W^ Government, frauds against, 94 A. W. Gratification or reward for muster, 50 A. W. Horses, losing, injuring, etc., 84 A. W. Incriminating questions, 24 A. Wo Inquests, 113 A. W. Insubordination, 65 A. W. Interprbtbu — Appointment, 115 A. W. Oath, 19 A. W. Judge Advocate — ' Advice to accused, 17 A. W. Advice to co\irt, 30 A. W. Appointment, 11 A. W. Assistant, 11, 116 A. W. ARTICLES OP WAR— Continued. JuDGEi Advocate — Continued. Duties as prosecutor, 17, 116 A. W. Oaths, 19, 114 A. W. Record of proceedings, 17, 35 A. W. Larceny, 93 A. W. Lighthouse Service, when subject to, 534c. Limitation of Prosecution — in Desertion, 39 A. W. in General, 39 A. W. Limits of punishment, 45 A. W. Manslaughter, 93 A. W. Marines, offenses committed prior to or subsequent to detachment, 2 A. W. Marines, when subject to, 305, 2 A. W. Marking, tattooing, etc., 41 A. W. Mayhem, 93 A. W. Medical officers of Navy serving with Ma- rine Corps, when subject to, 305a. Members of courts-martial, 4 A. W. Military commissions, 15 A. W. Military discipline, conduct prejudicial to, 96 A. W. Military prisoner serving sentence of court-martial, 2 A. W. Military property, loss, 83 A. W. Militia subject to, 1342; 2 A. W. Misbehavior before enemy, 75 A. W. Murder, 92 A. W. Muster, false, 56 A. W. Mutiny, 66 A. W. National Guard, subject to, 1339b, 1342a, 2 A. W. Neglect of duty, 96 A. W. Neglects, etc., prejudicial to military dis- cipline, 96 A. W. Oaths — Courts of inquiry, 100 A. W. Courts-martial, 19 A. W. Enlistment, 109 A. W. Incident to administration, 114 A. W. Offenses committed prior ao taking effect of, p. 622. Officer, definition, 1 A. W. Officer and gentleman, conduct unbecom- ing. 95 A. W. Officers, Medical Department, Navy, serv- ing with Marine Corps, when* subject to, 305a. Officei-s' Reserve Corps, subject to, 1547, 1572. Officers to keep good order In commands, 89 A. W. Officers, triable by general courts-mar- tial only, 16 A. W. Order to be kept, 89 A. W. Pardon and mitigation, 50 A. W. Penalties imposed prior to taking ef- fect of, p. 622. Penitentiaries, confinement in, 42 A, W. Perjury, 03 A. W. Persons Subject to, 2 A, W. — Army field clerks, 362c. Army paymasters' clerks, 630, 634. Convicts in military prisons, 493, 2 A. W. Enlisted Reserve Corps, 1594. 992 INDEX. ARTICLES OP WAR— Continued. Persons Subject to — Continued. Lighthouse Service, 534c. Marine Corps when serving with Army, 305, 2 A. W. Military prisoners under sentence ad- judged by courts-martial, 2 A. W. Militia in actual service, 1342, 2 A, W. National Guard in service, 1339b, 1342a, 2 A. W. Officers' Reserve Corps, 1547, 1572. Retainers to the camp, etc., 2 A. W. Retired enlisted men, 2 A. W. Retired officers, 988, 2 A. W. Soldiers' homes, inmates, 1521, 2 A. W. Volunteer forces, 1385, 2 A. W. Pleas, 21 A. W. President, contemptuous or disrespectful words concerning, 62 A. W. Prisoner — Charges against, investigation, 70 A. W. Confinement, 69 A. W. Refusal to receive, 71 A. W. Release, 73 A, W. Report of, 72 A. W. While serving sentence adjudged hy court-martial, 2 A. W. Process to obtain witnesses, 22 A. W. Property — Capture, 79 A. W. Loss, 83 A. W. Waste, 84 A. W. Provost courts, 15 A. W. Punishment,, 41-45 .A. W. Confinement, 42 A. W. Cowardice or fraud, for, 44 A. W. Death, 43 A. W. Fines and penalties imposed prior to taking effect of, p. — . Limits of, 45 A. W. Offenses committed prior to taking ef- fect of, p. — . Prohibited, 41 A. W. Quarrels, 68 A. W. Quitting guard, 61 A. W. Rank of Regular and Volunteer officers, 119 A. W. Rape, 92 A. W. Read, once in 6 months to troops, 110 A. W. Records — Effect of irregularities, 37 A. W. General courts-martial, 33, 35 A. W. Party entitled to copy, 111 A. W. Special courts-martial, 34, 36 A. W. Summary courts-martial, 34, 36 A. W, Recruits, articles to be read to, 110 A. W. Redress of wrong, 105, 121 A. W. Relieving enemy, 81 A. W. Repealing clause, p. 622. Reporter — Appointment, 115 A. W. Oath, 19 A. W. Report of prisoners, 72 A. W. Reproachful speeches, 90 A. W. Retainers to camp, 2 A. W. Retired enlisted men, 2 A. W. ARTICLES OF WAR— Continued. Retired officers, 2 A. W. Returns, false, 57 A. W. Robbery, 93 A. W. Safeguard, forcing of, 78 A. W. Second trial for same offense, 40 A. W. Sedition, 66 A. W. Sentences — Approval, 46, 47 A. W. Confirmation, 48, 49 A. W. Death, 43, 48, 51 A. W. Dismissal of officer, 48, 51, 118 A. W. General officers, 48 A, W. Limits of, 45 A. W. Pardon and mitigation, 50 A. W. Penitentiary, 42 A. W. Prohibited, 41 A. W. Publication of certain, 44 A. W. Suspension of, 51-53 A. W. Sleeping on post, 86 A. W. Soldier, definition, 1 A. W. Soldiers' Home, 1521, 2 A. W. Special Courts-Martial — Accuser, 9 A. W. Appointment, 9 A. W. Approval of proceedings, 46 A. W. Composition, 4, 6 A. W. Jurisdiction, 13 A. W. Records, disposition, 36 A. W. Records, preparation, 34 A. W. Witness for prosecution, 9 A. W. Spies, 82 A. W. Standing mute upon arraignment, 21 A. W. Stores captured, 79 A. W. Striking superior officer, 64 A. W. Summary Courts-Martial — Appointment, 10 A. W. Composition, 4, 7 A. W. Effects of deceased persons, 112 A. W. Inquests, 113 A. W. Jurisdisction, 14 A. W. Records, disposition, 36 A. W. Records, preparation, 34 A. W. Supression of mutiny, 67 A. W. Surrender, compelling of, 76 A. W. Suspension of sentence, 51-53 A. W. Tattooing, 41 A. W. Time lost to be made good, 107 A. W. Troops, Articles of War to be read to, 110 A. W. Troops, subject to Articles of War, 2 A. W. Twice in jeopardy, 40 A. W. Victuals, sale of, commanding officers not to be interested in, 87 A. W. Violence to persons bringing in provi- sions, 88 A. W. Voting, order of, by courts-martial, 31 A. W. Watchword, disclosure of, 77 A. W. Witnesses — Courts of inquiry, 101 A. W. Incriminating questions, 24 A. W. Inquests, 113 A. W. Oath, 19 A. W. INDEX. 993 ARTICLES OF WAR— Continued. Witnesses — Continiiod. Process to oht;iin, 22 A. W. Refusal to testify, 23 A. W. Wrongs, redress of, 121 A. W. ARTIFICERS : Detail to orixnni/.atlons, 822. ray. 697. ARTIFICIAL LIMBS: Furnislied by Surgeon General. 782. ARTILLERY. Sf^e also ArtWenf Corps. Assistant band leader, pay, G0.5a. Band leader, pay. 695a. Barracks and quarters, limit of cost, 547, 549. Chaplains, 902 90.3. Chief of Artillery. See Chief of Coast Artillery. Coast Aktillery- — Additional chaplains. 90.1. Bands. 1086a. 10S9. Barracks for, limit of cost, 549. Branch of Artillery Corps, 1082. Chief. See Chief of Coast ArtUlery. Company orji^anization. 1088. Composition. 1086a, 1087. to Constitute a corps. 1086, 331a. Coxswains, pay, 1086b. Duties. 1087. Enlisted men — number, 1086a. Maximum enliusted strenifth 1088. Militia organizations. See Militia. National Guard. See Xational Guard; Coast Artiilerif. Noncommissioned officers, 1086. Noncommissioned officers. number, 1086a. Noncommissioned officers, pay, 095, 695a. Officers. 1086a. Or^'auization, 1086-1089. Pay of mechanics and chief me- chanics, 697. Radio serireant, pay. 695a. Rated men, 10S6b. Separation from Field Artillery. 1084. Subscriptions may be paid in advance, lOS.'Ja. CoMrosiTiox, 1083. FiEr,n Aktillery — Ammunition, reserre purchase with- out advertising, 1611. .\ssistant packniaster. 1091b. Bands. 1090, 1094. Battalion, ammunition. 1090b. Battalion, ortranization. lOOljr. Battery, ammunition. 1090b. Battery, organization. 1091, 1091a. Brigade, composition. 356a. Cargp.dor. 1091b. Chaplains, 903. Composition of units, 1082. 1090a, 1090b, 1091a-1091g. Detachments, part of Regular Army, 331a. Duties, 1082, 1093. ARTILLERY— Continued. Field .\KTiLLEUY-(N)n tinned. Enlisted men, for headquarters and supply companies, ad. to Investigate awards of medals of honor, 1014i-1014m. to Investigate Government manufacture of arms, 1606. BOATS : Purchase or hire for military use, 535. BOND : See also Surety companies. of Acting disbursing clerks, 24. Basic patents in litigation acquired for development of aircraft, 889hh. Bids to be accompanied by, 1207. on Contracts for public buildings, 1217. of Disbursing clerks, 23. of Disbursing officers, 388. Examination as to sufficiency, 304. Failure to examine or renew, 306. of Military prison commandant, 482, 486. of Militia officers. See Militia. of Officers of Quartermaster Corps, 387, 387a. on Ordnance issued to colleges, 951, of Paymasters, etc., 185. Premium, payment of, 393. Regulation and increase, 388. Renewal, 395. of Special agents of departments, 248. Suit upon, records as evidence, 247. Sureties, duration of liability, 396. Sureties notified of deficiencies, 397. Sureties, priority, 223. Sureties released after 5 years, 398. of Treasurer, Soldiers' Home, 1506. of Vessels during insurrection, 1440. BOND-AIDED RAILROADS: Transportation of officers, 686, 687. Transportation of troops and munitions, 531. BONUS : See also Bounties. for Reenlistment, 706 BOOK OF ESTIMATES: See also Appropriations; Estimates. Annual estimates, executive departments, 86. Date for transmission, 87. Estimates for river and harbor improve- ments, 98. Information on lump-sum appropriations, 06, 06a. Proceeds of sales, statement of, 100. Statement of business conditions, 102. BOOKS : See also Documents. of Accounting officers. See Accounting officers. HOOKS— Continued. of Disbursing officers. See Disbursinfj officers. Purchase of law books restricted, 7S;. BOUNTIES : for Reenlistment in Army reserve, 10.'>1. for Reenlistment in time of war, lO.'ilo. for Reenlistment within three months, 706. BOUNTY LAND: Enlisted men, deserters, 1053. BOY SCOUTS: Permitted to wear uniform, lOlOb. BRANCH PRISONS: See also Disciplinary barracks. See also Military prison. Authorization, 476, 476a. Change of name, 475a. BREVET RANK: See also Rank, Army. Assignment according to, only in war, 1004. Civil War officers holding, uniform, 1008. Command under, right to, 354, lOO:*, 1004. Dates from service for whicli brevetted, 1001. for Oallantry in Indian wars, 1000, 1002. to Officers for heroism in war, 009. Officers of Spanish War, uniform, 1000. Pay, no increase on account of, 638. Title according to actual rank, 1006. TTniform according to actual rank. 100."). Uniform of Civil War officers, 1008. Uniform of Spanish War Officers, 1000. Volunteer and militia officers eligible, 1385. Volunteer officers of Civil War, uniform, 1007. BRIBERY : Acceptance of bribe, penalty, 1253, 1254. Offering bribes, penalty, 1251. BRIGADE : Composition. 356, 356a, 357. Staff of commander, 359, 360. BRIGADIER GENERAL, ARMY: Aids to, 351. Command of, 356. Fuel and forage allowed, 554. Increase in number, 350b. Line, appointment in peace, 3.50a. Organization of typical in time of war, 356a. Pay, 635. in Quartermaster Corps, office termi- nated, 502. Relative rank with Navy, 352. Staff of, 359. BUGLERS : Pay, 695a. BUILDINGS : See also Publie buildings. in District of Columbia, rental, 118-120. Statem-^nts as to rented, 00, 00a. BUREAU CHIEFS: of Executive departments. See Executice departments ; Htaff departments. INDEX. 997 BUREAU riTIEFS— rontinuod. of War Department. See War Depari- nirnt. BUREAU OF EFFICIENCY: Auditing accounts and claims, investi- gation of, 40e. Civil Service Commission, investigation of methods of, 40f. Creation, 40b. Duplication of work, investigation, 40d, 40j. Duties, 40e, 40d. Efficiency ratings, establishment, 40c, 40d. Executive Departments — Classification, salary, and efficiency of employees, 40i. Duplication of work in, 40d, 40.j, Information, access to records, etc., 40h. Rates of pay of employees compared with State and municipal em- ployees, 40g. Rates of pay, employees of States and municipalities, 40g. BUREAU OF INSULAR AFFAIRS. See Insular Affairs, Bureau of. BT'RIAL EXPENSES: of Officers, enlisted men, etc., 10G3. Transportation of remains of employees, 84. CABINET OFFICERS: For a particular Cabinet officer, see the {specific title; .see also Executive de- partments; Hearts of departments. Succession to office of President, 5, 6. CABLE LINES: Military, injury to, 900. CADET. See also Articles of ^Yar. Corps. See MiMtary Academy. Mess. See Military Academy. Store. See Military Academy. CALIBERS OF GUNS, 852. CALIFORNIA ASYLITM : Insane of Army, 1526. CAMP EQUIPMENT: See also National Guard, training; Citi- zen's Traininy Camp. Issues for use of Militia, looS. Militia, appropriations for, i:>51, 1352. Returns of commanding officers of, 573. CAMPS OF INSTRUCTION : Sec also Citizens' Traininy Camps: Xaiional Guard, traininy. Militia, annual attendance, 1331. -CANAL ZONE. See also Panama: and Injuries to Gorernment employees, Panama Canal. Accounts in, examination, etc.. 200a. Alien labor in, eight-hour law, 1225, 1220. National (Juard, organization, 1321a. Tour of duty in, limit of. 330a. CANDIDATES FOR PROMOTION : Trial of, by summary court prohibited, 14 A. W. CANNON : See a. so Ordnance. CANNON— Continued, Caliber, d(>termination of, 852. Donation of condemned, to patriotic or- ganizations, 840a, 840b. IMglit-hour law to be observed, 1231. Issue of obsolete, to homes, etc., IGO. Pu1)lic tests of rifled, 851. Sale of obsolete, to public parks, 840. Sale of smooth-bore, experimental pur- poses, 841. CANNON BALLS: See also Ordnance. Loans or gifts, 849. CAPITOL: Telegraph lines, 127. 128. CAPTAIN, ARMY : of a partkular branch of the service, see specific title. Fuel and forage allowed, 554. Pay, 635. of Porto Rico regiment, recommissioned, 346a~346c. Relative rank with Navy. 352. Vacancies due to reorganization act, 1101. CAPTIVITY : Pay and allowances during, 720. CAPTURED COLORS: Collection of, 149, 149a. CAPTURED PROPERTY : During insurrections. See Insurrection. CAROADOR, 1091b. CARRIAGES : Purchase for executive d<'partments, 82. CARRIERS : Collection from, for damages, 845, 217a. CARTRIDGE BAGS : Materia] for, free of duty, 828. CASEMATE ELECTRICIANS : See also Electricians. Increase of number prohibited, 700. Pay for qualifying, 699. CATTLE : Driving of, on Government lands, 1314. Driving of, on Indian country, 1402. CAVALRY : Assistant band leader, pay, 695a. Band leader, pay, 695a. Bands, organization, 1076. Brigade, composition, 356a. Chaplains, number and pay, 902. Colonels, additional, 929i. Colored troops, 1072. Corporals, increase of, 1075, 1075a. Detachments, part of Regular Army, 331a. D<>pot for recruits, 1186. Division, composition, 365a. Headquarters troop, organization, 1074b. Ilorseshoer, pay, 695a. Horses, purchase of, 539, 540. Increase of enlisted men, 1075, 1075a. Machine-gun troops, organization, 1074c. Mechanic, pay, 695a. Medical personnel of volunteer, 1385. Mess sergeant, pay, 695a. Military Academy Uetachment, 1170. 998 INDEX. CAVALRY— Continued. Musicians, pay, 695a. Private, first class, pay, 695a. Privates, Increase of, 1075. Promotion, equalization. 929i. Promotions due to reorganization act, 1101, 1103. Regimental supply sergeant, pay, 6d5a. Regiments — Drilled as Infantry, 1073. Number of, 331a. Organization, 1071, 1071a. Remount detachments, 1080. Saddler, pay, 695a. Sergeant bugler, pay, 695a. Sergeants, adidtional. details, 1332a. Squadrons, organization, 1074a. Stable sergeant, pay, 695a. • Staff officers, regimental, 1077. Supply sergeant, pay, 695a. Supply troop, organization, 1074d. Troops, increase, 1075a. Troops, organization, 1074, 1074a, 1075. Vacancies due to reorganization act, 1101-1103. Veterinarians, pay and retirement, 1078, 1079. CEMETERIES, NATIONAL: Burial in, those entitled, 1308, 1309. Burial of Army nurses In, 1309. Care and maintenance, 1302. Graves, how marked, 1305. Headstones, 1305. Jurisdiction of United States, 1310. Register of burials to be kept, 1305. Superintendents, pay and quarters, 1304. Superintendents, qualifications, 1303. CEMETERIES, PRIVATE: Headstones, erection in, 1306, 1307. T'nion soldiers interred in, 1306. CERTIFICATES : OF Discharge — ■ See also Discharge. of Enlisted men, in true name, 1048. Forging, etc., penalty, 131a. Replacing lost or destroyed, 1047. Return, after settling accounts, 214. OF Eligibility — Rights and liabilities of holders, 923, 924. False — Penalty, 429. OF Merit — Enlisted men may receive, 1018, Pay of enlisted men granted, 719. to Volunteer forces, 1385. to Revised Statutes, 312. of Service, 458. CERTIFICATION : of Records, 246. CHALLENGES. See ArUcles af War. CHANGE OF STATION : Excess over transportation allowance, 526. While on leave, mileage to new station, 679. CHAPLAINS : Address as, uniform, all grades, 910. Appointment, age limit, 907. Appointment, examination, 006. Appointment, preference, 902b. Apportionment to organizations, 902, 902a, 904. Assignment, 911-913. Command, right to, 908. Designation uniform, all grades, 910. Duties, 914-916. Examination for appointment, 906. Facilities afforded by commanders, 917. Field service, transportation, 913. Instruction of enlisted men, 915. Major, grade of, limited, 909. at Military Academy, 1133. Number authorized, 902a. Part of Regular Army, 33 la. Pay and allowances, 635. 900, 902a. Pay, increased every 5 years, 652. Pensionable status, 908. Post, office of, abolished, 912. Post, qualifications for, 905. Promotions, 909, Rank, 908, 909, 902a. Regimental, qualifications for, 905. Reports to be submitted monthly, 916. Retirement, 908. Transfers, 911, 913. of Volunteer forces, 1387, War service, preference in appointment, 902b. CHARGES : Dismissal of employees upon, 42. CHARTER : Surety companies to deposit, 391. CHARWOMEN : in Office of Chief of Staff, .'i62, 362a. CHECKS : Deposited in Treasury, payment, 242, 243. Lost, issuance of duplicates. 245, 245a. Outstanding, disposition, 241, Outstanding, annual report by auditors, 183a. Pay accounts, order of indorsee, 648. Payment of enlisted men by, 627. CHIEF OF ARTILLERY. See Chief of Coast Artillery. CHIEF OF BUREAU OF INSULAR AF- FAIRS. See Insular Affairs, Bureau of. CHIEF CLERKS: of Executive departments. See Execu- tive departments. of War Department. See War Deport- ment. CHIEF OF COAST ARTILLERY : See also Artillery. Additional member. General Staff Corps, 370a. Appointment, vacancy caused, 370. Duties, 370, 370a. General Staff Corps, member, 370. Office of, creation, 370a, Rank, 1086c, Retirement, 370. INDEX. 999 CHIEF OP DIVISION OF MILITIA AF- FAIRS : See also Chief of Militia Bureau, Additional members of General Staff Corps, 371. CHIEF OF ENGINEERS: See also Engineer Corps. to Determine character of equipment, etc., 798. may Employ retii'ed officers, 799. Granted use of Library of Congress, 800. CHIEF LOADERS : Additional pay for qualifying as, 699. Authorized number not to be increased, 700. CHIEF MECHANICS: Pay, 697. CHIEF OF MILITIA BUREAU. Member of General Staff Corps, 1337a. CHIEF MUSICIAN: Pay, 701. CHIEF OF ORDNANCE: See also Ordnance Department. Duties enumerated, 823, 825. may Employ draftsmen, 818. may Establish ordnance depots, 825. Manufacture of articles by prisoners, 822a. to Regulate safe-keeping by prisoners, 835. Semiannual report of, 833. CHIEF PLANTERS: Additional pay for qualifying, 699. Authorized number not to be increased, 700. CHIEF OF QUARTERMASTER CORPS : Soo also Quartermaster Corps. Appointment, time of, 504. Qualifications and rank, 501. Title changed, 501a. CHIEF SIGNAL OFFICER: See also Signal Cm-ps. to Certify charges for loss of property, 1256. Duties in general, 893. to Formulate regulations for Signal Corps. 894. to Supervise military telegraph lines. 896. CHIEF OF STAFF: See also General Staff Corps; Staff de- partments. Aids-de-camps, 369. Chief of Coast Artillery, advisor of, 370a. Clerks, assignment restricted, 363, 372, 362b. Clerks, classification and pay, 362, 362a, 362b. Clerks, foreign service, additional pay, 362, 362a, 362b. Coast Artillery division abolished, 370a. Duties enumerated, 369. Mobile army division, abolished, 370a. to Supervise Quartermaster Corps, 503. CHIEF OF STAFF DEPARTMENT: See Staff departments. CHIEF OF TELEGRAPH: at Executive Office, 881. CHIEF TRUMPETER: Pay. 701. CHIEFS OF BUREAUS: of Executive departments. See Execu- tive departments. of War Department. See War Depart- m ent. CHILDREN : Pensions, relation to. See Pensions. CHINESE RELIEF EXPEDITION : Badges of, who may wear 1024. CITIZENS : See also Naturalization. Ammunition for, issue to, 831a. Civil rights of. See Civil rights. Dental surgeons must be, 750a. Equal rights under the law, 1442, 144.3. Officers appointed in time of peace, 918b. Officers of Medical Corps, 732a. Officers of Philippine Scouts, retire- ment, 339a. Offlcei-s' Reserve Corps, 153.3. Qualified as officers, roster, 1573. Reserve Officers' Training Corps must be, 1559. Right to bear arms not to be Infringed, 1319. Subject to military duty, age limit, 327, 1322a. Target ranges, 1579. Training camps. See Citizens' Training Camps. Unneutral acts by foreign, 1474. Unneutral acts, penalties, 1467, 1469. Vessels discriminating against, during war, 1469d. Veterinarians must be, 728c, 728d. CITIZENSHIP : See also Civil rights; Naturalization. Forfeiture by desertion, 1050-1052. of Recruits, in ame of peace, 1029. CITIZENS' TRAINING CAMPS: Appropriation, 1576, 1577. Arms, supplies, to be furnished, 1574, 1576. Fort Douglas, Utah, 1578. Instructions, course to be prescribed, 1575. Maintenance on military reservations, 1574, 1576. Sales to persons attending, 1574, Subsistence, for attending in 1916, 1577. Uniform of persons attending, 1010b. CIVIL ACTIONS. See Civil rights. CIVIL EMPLOYEES: See also Civilian employees. Injuries. See Injuries to Government employees. National Guardsmen, called out, to be restored to former positions, 1339c. Ordnance Department. See Ordnance Department. Sales of medical supplies to, 77r)e, 7T.~)f, CIVILIAN EMPLOYEES : of Arsenals, See Armories and arsenals. 1000 INDEX. CIVILIAN EMPLOYEES— Continued. Details of, cortain forbidden, 20, 30, 32. of Executive departments. See Execu- tlve departments. Pay clerlts. See Paj/ Department. of Quartermaster Corps. Sec Quarter- master Corps. Restrictions on employment, 28. Sales of Ordnance stores to, 844. States and municipalities, rates of pay, 40g. of War Department, interment, 1063. CIVILIAN MARKSMANSHIP: Director of, 1580. CIVILIAN PHYSICIANS : to Examine applicants for enlistment, 779. CIVILIANS. See Citizens. CIVIL LIFE: Aviators appointed from, 889t, 889u. Ofl5cers appointed from. See Officers, Army. CIVIL OFFICE : Officers accepting. See Ofjflcers, Army. CIVIL OFFICERS: Execution of process. National Guard courts-martial, 1343h. CIVIL PENSION ROLL: Establishment of, forbidden, 38. CIVIL RIGHTS: Citizenship. See Citizenship. COMMISSIOXEHS TO EKFORCE Appointment and duties, 1447, 1448. to Appoint persons to execute war- rants, 1449. Fees, 1451. Conspiracy Agaixst — Civil action against conspirator, 1445. Neglect to prevent, actionable, 1446. Employment of Military Force — in Execution of judicial process, 1454. by Persons appointed to serve war- rants, 1449. E X rO R C E .M E X T by District attorney, 1451. Fees of district attorney, 1451. Fees of persons appointed to execute process. 1451, 1452. Marshals to execute warrants, 1450. Equal Rights — All persons to have, 1442, 1443. Conspiracy to deprive person of, 1445, 1446. Offexses — Process, execution of, 1449, 1450, 1452, 1454. Prosecution authorized, 1447. Prosecution by Federal officer, 1447. Speedy trials directed, 1453. Peoxage — Abolished in New Mexico, 1455, 1456. Suits for Violatioxs of Rights — Against person acting under color of law. 1444. CIVIL SERVICE : See also Classified civil service; Execu- tive departments. CIVIL SERVICE— Continued. Appointment in, after examination, 166. Bureau of Efficiency created, 40b. Classification in, scope of, 166. Investigate methods of business of com- mission, 40f. Preference to persons honoi*ably (dis- charged from military or naval serv- ice, 164, 166. CIVIL WAR: Badges. See Badges. Claims. See Claims. Deserters, certain exempted from for- feiture, 1051. Pensions. See Pensions. Retirement, certain officers advanced grade, 969, 970, 969a-969e. CIVIL WORKS: Employment of officers on, 996. CLAIMS : See also Accountinfj officers; Attorney General. Allowed by Treasury — Reported annually to Congress, 216. ASSIGXMEXTS OR TrAXSFERS Before allowance, 240. Attorneys. See Attorneys and attorneys' fees. • Auditing, investigation of method, 40c. Before Court of Claims. See Court of Claims. Before Departments — Fees of witnesses who made deposi- tions, 135. Witnesses may be subpoanaed by heads, 134. Fraud — Government employees Interested, 430. Making or presenting fraudulent, 220. Members of Congress receiving com- pensation, 1246. Not allowed where there is attempt at, 287. Judgment— Final, to bar future demand, 292. Payment of, full discharge, 291. Jurisdiction Over — See also Court of Claims. Civil War claims, 277a. District courts and Court of Claims, 278. Scope, 277. Set-offs. See Court of Claims; Set-offs. Settlement — Before allowance, powers of attorney, 240. by Compromise, 238. no Deductions for attorney's fees in case of officers, soldiers, 219. no Interest before judgment, 290. Stoppages may be removed. 641. by Treasury Department, 215. Against United States — Civil War claims, jurisdiction, 277a. Civil War service, muster and re- muster, 455, 455a. IXDEX. 1001 CLAIMS- Continiiod. Against Umtkd States — ('ontinuptl. Damage to proprrty, ie('onun<>n(latiou of Secretary of War, 162a. Damnge to property due to gunfire, etc., 162. (Government employees interested, 4.S0. Dnriiig insjirrection, against con- demned vessel, 1441. Loyalty restriction repealed, 215a. Members of Congress receiving com- pensation, 1246. I'ay, arrears, time limit for filing, 218, 218a. Property of officers and soldiers lost, etc., 217. 217a. Prosecution of, by ex-employees, 140. of Spanish War volunteers, 218. WiTNESSK.S — Failure to attend, 136. Fees, 135. Subpoenas for, 134. CLASSIFIED CIVIL SERVICE. Sec also Civil service. Assessment for political contributions, 172-176. Compensation of certain grades in- creased, 44a, 44b. Efllci<'ncy ratings, establishment of, 40, 40c. 40d, 40i. Information may l>e furnished Congress, 42. I'romotions, reductions, etc., 40. Regulations for admission, prescribed by President, 163. Removal on diarges in writing, 42. Transfers, requisites, 36. CLEARANCE : of Vessels, during insurrection, 1439, 1440. .of Vessels, enforcing neutrality. See yrutraUty. CLEMENCY : to Military convicts, 488, 4S8a. CLERKS: in a porticiilar Ocparitncnf or office, see the department or office. in Army. See Chief of ^taff ; Army Field Clerks, etc. Civil Service. See Civil (Service. Executive departments. See Executive Departments. CLOCKS, RECORDING : Use in executive departments forbidden, 121. CLOSED PORTS: During insurrection, seizure of vessels, 303. CLOTHING : Sale of cuttings, proceeds, 578a. CLOTHING ACCOUNTS : of Officers, oath in settling, 153. CLOTHING, ARMY: See also Uniform, Army. Allowance for ordnance sergeants, 575. Balances due soldier, how accumulated, 574, 575. CLOTHING, ARMY— Continued. Balances due i«oldier. how paid. 575, 576. {\Tsh to retired soldiers in lieu of, 714, 715. Contracts for, before appropriation, 1190. to Discharged military convicts. 494. Diseases, destroyed to prevent spread of, 778. Eulist(^d Reserve Corps. See Enlisted Re- serve Corps. Gratuitous issue to replace destroyed, 572. of Militia. See Militia. National Guard. See National Guard, Uniform. Oveitlrawn by soldier, 574. Purchase from soldiers prohibited, 220. Quantity and kind prescribed by Presi- dent, 571. Repairing and altering, limit of cost, 577, 578. Returns, quarterly, by officers, 573. Sales prohibited, 1202. COAST ARTILLERY. See ArtiUery. COAST ARTILLERY DIVISION : Office of Chief of Staff, abolished, 370a. COAST ARTILLERY SCHOOL: Items of appropriations, 1185. COAST DEFENSES: Sites for, procured by condemnation. 802. Report as to lands and buildings for air- ships, etc., for, 1274d. Volunteer forces for, organization, 1385. COAST GUARD: Instruction in aviation schools, 889ee. Uniform, unauthorized wearing of, lOlOf. COFFEE : Fund for Militia. See Militia. And sugar, ration of. See Rations, Army. COLLECTORS OF CUSTOMS: See also Customs. Duties of, during insurrections, 1434. Duties of. as fiscal agents, 185. Employment of military force by. 1435. May withhold clearance to vessels, 1469a, COLLEGES : See also Schools; Rc.'ierre Officers' Train- ing Corps. Ammunition, etc., for instructions, 831a. Bond cov<'ring ordnance issued, 951-955. Details of officers to. See Details. Graduates, eligibility for Officers' Re- serve Corps, 1569. Issue of ordnance to other than Reserve Officers' Training Corps units. 1563. Issue of ordnance to, 942, 951-955. Permits for examination of ruins, 1286, 1287. Sales of Army supplies to, 951a, 951b. COLONEL. ARMY : See also Officers, Army. Fuel and forage allowed, 554. Maximum pay, including longevity, 654. Pay. 635. Relative rank, ■with officers of Navy, 352. COLORED TROOPS: Cavalry, two regiments authorized, 1072. 1002 INDEX. COLORED TROOPS — Continued. Infantry, two regiments authorized, 1096. Instruction of, by chaplains, 915. COLORS : and Flags captured to be collected, 149. Volunteer regiments to retain, 149a. COMMAND : by Brevet rank. See Brevet rank. of Brigadier general, 356. Claims of officers holding higher, 641. of Major general, 356. of Medical officers, 355. in Military Academy. See Military Academy. by Pay Department officers, 624. Pay for exercising higher. See Pay of officers. by Retired officers, prohibited, 961. Retired officers withdrawn from. 986. When different corps or commands hap- pen to join, 120 A. W. COMMANDANT : of Cadets. See Military Academy. of Military prison. See Military prison. COMMANDER : of Army corps, staff, 358. of Division or brigade, staff, 359. Navy, relative rank in Army, 352. COMMANDER IN CHIEF OF ARMY, 2. COMMANDING GENERAL OF ARMY: May perform duties of Secretary of War, 143. COMMANDING OFFICERS : See also Officers ; Articles of War. to Report damage to ordnance, 836. COMMERCIAL BUSINESS: Over telegraph linos. See Telegraph linea, COMMERCIAL INTERCOURSE : During insurrection, 1421-1426. COMMISSARIES : See also Subsistence Department. Additional pay for acting, revoked, 646. Duties of regimental, battalion, etc., 498, 499. Jurisdiction over claims for relief by, 277. Losses by, without fault, 280. to Perform Quartermaster Corps duties, 938. COMMISSARY GENERAL : See also Subsistence Department. President may regulate and increase bond, 185. COMMISSARY SERGEANTS: See also Quai~termaster sergeants. Authorization and duties. 584, 585. Designation changed, 496. Detail as assistant to commissary of cadets, 1136a. Duties, 584. Number Increased, 585. Pay, 584, 695. Subject to Articles of War, 584. COMMISSARY STORES: Sales of, disposition of proceeds, 405. COMMISSIONED OFFICERS. See Officers, Army, COMMISSIONERS : to Protect civil rights, 1447, 1448, 1451. to Revise, simplify, etc., statutes of United States, 307. COMMISSIONS : of Army officers. See Officers, Army. Expenses of, not paid unless authorized, 408. Payment of expenses of, 100. of Retired officers, advanced in rank, 971. COMMODORES: of Navy, relative rank with Army, .^.52. COMMON CARRIERS: Obstructing mails or equipment of, 1465, COMMUTATION : of Clothing. See Clothing, Army. of Forage. See Forage. of Fuel. See Fuel. to Militia officers at military schools,' 1334. of Officer member, road commissioners, 669. of Quarters. See Quarters, Army. of Rations. See Rations, Army. of Subsistence stores. See Subsistence, Army. COMPANY : Commander, settlement of accounts, 1 260, Infantry, 1095b, 1097, 1098. of Instruction, in Hospital Corps, 768. at Military Academy. See Military Acad- emy. Signal Corps, 890b. COMPENSATION. See also Pay of Army. of Enlisted men. See Pay of enlisted men. to Federal employees. See Injuries to Oorernment employees. for Injury. See Injury. of Officers. See Pay of officers. COMPROMISE : of Claims, by Secretary of the Treasury, 238. COMPTROLLER OF THE TREASURY: See {tlso Accounting of puhlio money. Advance decisions, may be called upon for, 202. Auditors' decisions to be revised by, 209. to Institute suit to recover balance due, 203. May direct auditing of particular account, 201. May revise balances certified by auditors, 207. to Prescribe forms for keeping accounts, 200. Warrants to be countersigned by, 237. CONDEMNATION : of Sites for fortifications and coast de- fenses, 802. . of Sites for public buildings, etc., 1276, l 1277. CONDEMNATION PROCEEDINGS : Prizes employed in aid of insurgents, 1428. Captured property, how instituted, 1430. CONDEMNED VESSELS. See Vessels. INDEX. 1003 CONB^IRMATION : Salary not paid recess appointees until, 168. by Senate, list furnished accounting office i-s, 11, CONFISCATION : of Property during insurrcrction. See Insurrection. CONGRESS : Joint Committee on Printing — Continuance of, vacancies, and powers dui'ing recess, 114a. Powers — Exclusive legislative authority over the District of Columbia and military reservations, 1280. Militia, may call forth, 1415. over Public property and territory, 1255. over Sale of transports. See Trans- ports, Army. Prohibited Acts by Members — Compensated in connection with claim, 1246. Contracting with officers, 1248. Interest In United States contracts, 1245-1247. 1249. Report to of number and grade of per- sons receiving increased compensation, 44b. Thanks — Tendered certain officers, 927a. CONSPIRACY : Against Civil rights. See Civil righta. CONSTITUTIONAL PROVISIONS : Art. I, sec. 8. 1280. Art. I, sec. 8, par. 15, 1415. Art. I, sec. 9, par. 2, 276. Art. I, sec. 9, clause 7, 186. Art. IV, sec. 3, 1255. Art. IV, sec. 4, 1414. Second amendment, 1319. CONSTRUCTING QUARTERMASTER : af Militai-y Academy, pay, 1137. CONSULAR OFFICE: Accptance by officers, effect, 997. CONTAGIOUS DISEASES: Clothing destroyed because of, replacing, 572. Leave with pay may be granted because of, 50. Measures for dealing with, at military posts, 778. CONTINGENT FUNDS: See also Apropriations. Allotments of, 188. Annual refrorts of expenditures from, 79, 80. Apportioned by monthly or other allot- ments, 188. Apportioned to bureaus or offices, 75. Expenditure for commissions, etc., con- nected with foreign intercourse not re- stricted, 190. of Military Academy, for rent of hotel, 1178. CONTINGENT FUNDS— Continued. Payment for telephones In private resi- dences, 83. Payment of clerks from, prohibited, 28, 32, 74. Payment of membership, etc., dues from, 81. Purchases from, limitation on, 73, 75. Purchases of law books from, 78. Purchases of newspapers from, TUy. 77. I^rchases of vehicles, restrictions, 82. Subscriptions to newspapers, limitation, 76, 77. Ct)NTINI^OUS-SERVICE PAY. See Pay of enlisted men. CONTRACT DENTAL SURGEONS: See also Dental surgeons. Assignment of pay accounts, 740. Authorized, qualifications, etc., 753, 754, Eligible for appointment as dental sur- geons, 752. Longevity pay, time served as, counted, 751. Sea travel, actual expenses only, 682. CONTRACTOR : Supplies to be marked with name of, 1241. CONTRACTS : For supplies or services of a particular kind or for a particular branch of the Government service, see the speoiflo title. Advertisements — District of Columbia newspapers, rates, etc., 1203, 1204. Motor ambulances, purchase without, 1198a. Rate fixed at commercial rate, 1202. Appropriations — Annual, for contracts made within year, 193. Contracts in excess of, not to be made, 1191-1193. Assignment. See this title. Transfer. AlTlIORIZATION — Necessary to making, exception, 1190. Bids — Accompanied by guaranty and bond, 1207. Opening, bidders to be notified, 1208. Opening, Secretary of War to make regulations, 1206. Preference to American material, 1234. Bond — to Support guaranty to bid, 1207. Copy — Affidavit to accompany, 1212-1214. Filed in Returns Office, 1211. Form — to Stipulate no Member of Congress has interest, 1215. Writing required ; signed by parties, 1211, 1211a, 1211c. WITH Members of Congrksr — Prohibited, penalty, 1245-1249. Public officer making, penalty, 1248, 1004 INDEX. CONTRACTS— Continued. Offenses — Acceptance of bribe by witness, 1253. Bribery in connection with, poualty, 1251. Corporation agent, acting as United States agent, 1250. Members of Congress, procuring, etc., 1245-1247. Open market contracts — Allowed if public exigency demands, 1196. Payments — Not to exceed amount due at time, 407. FOR Personal services — Prohibited if in excess of law, excep- tion, 1195. Postal Guide, official, 123Gc, Provisions — Eight hours to constitute day's work, 1218-1232. Exempting United States from liability for injuries, void, 72. FOR Public works — Preference to be given American ma- terial, 1234. Returns — Affidavit of officer to accompany, 1212. Filing in Returns Office, 1211. Forms to be furnished for, 1214. Omission of, by officer, penalty, 1213. Regulations for making, 1214. Transfer — Prohibited, effect of transfer, 1233. Written requirements as to, 1211, 1211a-1211c. CONTRACT SURGEONS : Appointment of, in emergencies, 738. Assignment of pay accounts, 740. Attendance free of charge on families of officers and soldiers, 742. in Charge of hospitals, extent of au- thority, 739. Eligible for appointment in Medical Corps, 733. Eligible for Medical Reserve Corps, 745. Part of Medical Department, 728a. Sea travel, actual expenses only, 682. Travel in Alaska, actual expenses only, 681. CONTRIBUTIONS : Employees not to solicit political, 172- 176. CONVERSION : of Public moneys. See Public moneys. CONVICTS, MILITARY. See Disoiplinary barracks; Military prison, COOKING : Line officers to superintend, 610. Medical officers to superintend, 743. COOKS : Medical Department, pay, 695a. Medical Department, percentage of, 766d. Pay, 695. Quartermaster Corps, number and pay, 506a. Recruit depots, extrn-duty pay, 563b. Signal Corps, percentage of, 890a. COPYISTS: Authority to employ, 25. Restrictions on employment, 28. CORPORALS : Medical Department, pay, 695a. Medical Department, percentage of, 766d, Pay, 697. Quartermaster Corps, number, 506a. Recruit depots, 704b. Signal Corps, percentage of, 890a. CORPORATIONS : Agents of, acting as agents of United States, 1250. Members of Congress interested iu, 1249. CORPS : See also Army Corps. of Cadets. See Military Academy. Commander. See Corps comma/nder. of Engineers. See Enyinecrs, Corps of. CORPS COMMANDER: Ordnance officers assigned to staff, pay, 816. Staff officers for, source, 360. Staff of, 858. COSTS : Court of Claims may allow, 298. COUNCIL OF NATIONAL DEFENSE. Advisory commission, 1618. Appropriation, 1621. Composition, 1617. Duties, 1619. Expenses, amounts without items, 1621. Expenses, itemized account of, 1621. Regulations for conduct of investiga- tions, 1620. Subjects for investigation, 1619. Submission of reports, 1621. Subordinate bodies for special work, 1620. COUNCILS : Payment of expenses, restriction, 408. COUNSEL : Employment of, prohibited, 138. Ex-employees as, prohibited, 140. for United States. See Attorney Gen- eral. COUNTERCLAIMS. See Court of Claims. COUNTERFEIT MONEY : Disbursing officers to stamp or mark, 414. COUNTERFEITING : Bonds, bids, public records, etc., penalty, 131. COURT OP CLAIMS : See also Claims. Appeals — in Actions instituted by debtors, 295. to Supreme Court, right to, 206. to Supreme Court, time limit, 297. Attorneys — Furnished by Attorney General, 293. for United States, 263. Costs — May be allowed in certain cases, 298. Printing record, losing party to pay, 289. Counterclaim. See, this title, i. Retired oflicers may be assigned to duty on, 958. COURTS MARTIAL: See also Ay-ticles of War. Composition — Retired officers may be members, 958. for Trial of militia officers and men, 1.343, 2 A. W. Volunteer and militia officers eligible, 1385. Fines, Disposition of — Paid into Soldiers* Home fund, 15€7, 1 507a. (Jexeral Courts-Martial — Dismissal of officers by, in time of peace, 992. Enlisted men as stenographers for, 1060. Nalioual Guard. See National Guard, courts -martial. Reappointment of officers dismissed by, 091. AT Military Academy — Superintendent may convene, etc., 1 1 63. Militia. See Militia. National Guard. See National (iuard. COURTS-MARTIAL—Continucd. Punishment — Conhnemeut in disciplinary barracks, 475c. Penitentiary sentences authorized, 475c. Ri'XJ I mental — Jurisdiction restricted, 024. Sentences — Detained pay, repayment, 727. of Dishonorable discharge may be sus- pended, 1049. of Dishonorable discharge, pay and allowances during execution of sus- pended, 727a, 1507a. Effect on promotion of enlisted men, 924. Trial by. Right to — Cadets charged with hazing, 1104. Officer dismissed by President, 994. COXWAINS : Pay, 1086b. CUBA : Banks in, as depositories of public funds, 182. Enlisted service in, counted double, 1040, 1041. Military details under Government of, 939. Sale of ordnance to, 844a. CULLUM MEMORIAL HALL: Method of selecting worthy subjects for, 1180. CUMULATIVE LEAVE : Nurse Corps serving outside United States, 771. 772. of Officers, 602, 664. CUSTODIAN : Distribution, etc., of records by, penalty, 148. Records of War Department, Secretary to be, 148. CUSTOMS : Collectors. See Collectors of customs. Duties, employment of vessels collecting, 1434. House, removal, during insurrection, 1434. Officers, appointment and compensation, 1424. DALY, CHARLES P.: Appointed military storekeeper, 513a. DAMAGES : To arms, report of, 830. DAUGHTERS OF AMERICAN REVOLU- TION : Unlawful wearing of badge, penalty, 1025. DEATH : of Ex-official, department not be closed, 123. Sentence of, to spies in time of war, 82 A. W. DEBTORS : Deceased, priority of United States. 221. Insolvent, priority of United States, 221. Priority of United States, failure to recognize, 222. no Settlement in three years, procedui-e 294, 295. 1006 INDEX. DEBTS : See also Claims. Arrest for, enlisted men exempt, 1067. Auditors to superintend recovery, 206. Distress warrants, execution, 226-228. Due United States by employee, withhold- ing pay, 693, 694. Method of enforcing set-oflf, 239. Priority of United States, 221, 222. Sale of lands under distress warrants, 229. DECEASED EMPLOYEES : Transportation of remains, 84. DECEASED OFFICERS. See Officers, Army. DECEDENT ESTATES : of Army officers. See Officers, Army. of Enlisted men. See Enlisted men. DECORATION DAY: Per diem employees to receive pay for, 55. DECORATIONS. See Foreign decorations. DECREES : of a particular court. See tJie specific title. DEDUCTIONS : from Pay, enlisted men. See Pay of en- listed men. DEFENSE : Inventions important to, 1616. DEFENSIVE SEA AREAS: Vessels violating regulations as to, 1315a. DEFICIENCIES: Method of transmitting estimates of, 92. DEMOTIONS : in Classified service. See Classified civil service. DENTAL CORPS: See also Dental surgeon. Appointments, qualifications, etc., 751. Composition, etc., 750. Contract dental surgeons. See Contract dental surgeons. Dental surgeons. See Dental surgeons. Part of Medical Department, 728a. DENTAL SURGEONS: Appointment, 750a. Appointment of contract, without ex- amination, 752. Commutation of rations to acting, 668a, 668b. Comprise part of Medical Department, 728. Contract. See Contract dental sur- geons. Detail of one, to Military Academy, 755. Examination for promotion, 750c. Increased to thirty-one, 755. Longevity pay, time served as contract, counted 751. Majors, 750b. Number, 750a. Pay and allowances, 750, 750a. Promotions, by service, 750a. Qualifications for appointment, 750a. Rank, 750a. Retirement, 750. DENTAL SURGEONS— Continued. Travel in Alaska, actual expenses only, 681. DEPARTMENT : of Justice. See Justice, Department of. of the Treasury. See Treasury Depart- ment. of War. See War Department. DEPENDENT FAMILY : Discharge on account of, transportation, 1349b. Discharge or furlough to reserve on ac- count of, 1044a. DEPENDENT PARENT: Discharge on account of, 1044. DEPENDENT RELATIVES: Pensions to. See Pensions. DEPOSITARIES OF GOVERNMENT PUB- LICATIONS, 1173, 125a. DEPOSITARIES OF PUBLIC MONEY : See also Public moneys. Annual report of unchanged balances, 183, 183a. Banks in Philippine Islands, Cuba, and Porto Rico may be, 182. Certain mints and assay offices to be, 181. National banking associations designated, 182. Where there is no treasurer, 184. DEPOSITIONS : See also Articles of War. Subpoenas for witnesses for taking, 134. by Witnesses as to claims, 135. DEPOSITS : by Disbursing officers. See Disbursing officers. by Enlisted men. See Enlisted men. of Public moneys. See Public moneys. DEPUTY PAYMASTERS GENERAL. See also Paymaster General. Duties, 620. DESERTION : See also Articles of War. Aiding or enticing soldiers into, penalty, 1055. Applications for removal of charge, 453, 454. Arrest of deserters by civil officers, 106 A. W. Arrest of deserters, who may make, 1056-1058. Citizenship not forfeited by, during peace, 1052. Citizenship rights forfeited by, 1050. Citizenship rights may be remitted. 1052. During Civil War, certain exempted, 443, 1051. Deserters not entitled to bounty land, 1053. Deserters not to be reenlisted, 1027. Deserters who reenlisted in Navy or Ma- rines, 445. Excluded from Soldiers' Home, 1516. Harboring, etc., deserters, penalty, 1055. During Mexican War, removal of charge, 449, 450. INDEX. 1007 DESERTION— Continued. Pay and bounty due, on removal of charge, 447. Pension rights forfeited by, 1054. Removal of charge, effect on pay, etc. 451. Removal of charge from rolls, 443. Removal of charge, pay for period ab sent, 448, 452. Removal of charge, restrictions upon 450. Restored deserters from Civil War, pen sion, 446. Reward for apprehension of deserters 105G-1058. Secretary of War may remove charge of, 444. DETACHED NONCOMMISSIONED OF FICERS : Part of Regular Army, 331a. DETACHED OFFICERS: National defense act, effect on, 1106a. Part of Regular Army. 3.31a. DETACHED OFFICERS' LIST: Constructive dates of original commis- sion, 929g, 929h. Details from each arm, 929d. Details to future vacancies, 929f. Includes detached officers under prior law, 929a. Increase for duty with National Guard, 929a. Law governing details applicable to, 929a. Manchu law to govern assignments to, 929e. Proportional number authorized, 925b. Second lieutenants excluded in determin- ing proportional number, 929b. Seniority in grade or arm, 929h. Yncancies. filling by detail, 929h. Vacancies, filling by promotion, 929c. Vacancies, filling, future, 929f. DETACHED SERVICE : See also Details. Limitations on, penalty for violation, 384, 937, 938?>. Staff duty, certain, deemed with troops, 938. DETACHMENTS : of Enlisted men at remount depot, 541, 1070. of Enlisted men at service schools, 1183. in Hospital Corps, organization, 70. of Marines serving with Army, rations, 590. at Military Academy. See Military A cademy. of Navy, on shore duty, equipage, etc., 517, 590. Remount. See Remount detachments. at Service schools, organization, 1183. DETAILS : See also Detached service. Clerks — from Bureaus to General Staff forbid- den, 363. - to Commissions, boards, etc., 408. I»ETATLS— Continued. Clerks— Continued. of Departments to duty in office of President, 12, 12a. of Executive departments, restrictions, ■ 34. from Field service to departments, 29, 30, 32. from General Staff to bureaus forbid- den, 31, 36.3, 362b. from Government Printing Office, re- striction, 33. Statement of, in Book of Estimates, 102. Employees — See also, this title, Clerks. from Field service to departments, 29, 30. as Telegraph operators, on Capitol lines, 127. Enlisted Men — See also Detachments. as Assistant to commissary of cadets, 1136a. to Colleges, 1561, 1563. to Extra duty, for 10 days or more,. 565. to Extra duty, while in field, 566. of Hospital Corps as acting stewards, 767. with National GuaM, 1332b. at National Guard encampments, 1.328c. of Ordnance Department as artificers, 822. to Quartermaster Corps, to be re- placed, 505. for Recruiting duty, 704a-704c. to Reserve Officers' Training Corps, 1561. Retired on recruiting service, 1392. as Stenographers of courts-martial, 1069. Noncommissioned Officers — with Disciplinary organizations, 1332a. with National Guard, 1332a. to Reserve Officers' Training Corps, 1561. Retired on recruiting duty, 1392. Refilled to colleges, etc., 946. at Rifle ranges. 553c. Officers — as Acting inspectors general, 459b. as Acting .ludge advocates, 384, 469, 469a. on Aviation duty, 384, 889. to Aviation Section, 889c-889e, 889k, 889r. 889s. of Cavalry, on regimental staffs, 1077. Chiefs of staff. National Guard divi- sions. 1325k. to Colleges, etc.. as instructors, 94.3, 944, 1560, 1563. Corps of Engineers, to command regi- ments, 790f. Cuba, 939. to Detached officers' list, 929d-929h. 1008 Il^DEX. DETAILS — Continued. Officebs — ('ontin)ied. as Director of civilian marksmanship, 1580. to Division of Militia Affairs, as chief, 371. Eligibility, prior service in staff, 379. Eligible for, restrictions on, 384, 937- 938^. of Field Artillery for instruction, 1183b. of Field Artillery on regimental stafifs, 1090. Field, restrictions, limited, 938^. to Foreign countries, Cuba and Pana- ma, 939. to General Staff Corps, 365, 365a. 365b, 366. as Indian agents, 940, 1396-l.'l08. of Infantry, on regimental staffs, 1100. as Instructors in military tactics, 943, 944. to Insular Bureau, as additional as- sistant, 159. to Insular Bureau, as assistant, 158, 937. to Insular Bureau, as chief, restric- tion on, 384. of Line, restrictions, 937. " Manchu law," 937. of Medical Department with Red Cross, 728b. to Military Academy, 1108, 1109. to Military Academy, associate pro- fessor of mathematics, 1117a. to Military Academy, dental surgeon, 755. with Militia, District of Columbia, 959, 1373, 1374. with Militia, inspectors, etc., 1332, 1333. with National Guard, 1332b. at National Guard encampments, 1328c. with National Guard, temporary pro- motions on account of, 1332c-1332f. of Navy, to inspect Army transports, 306. in Ordnance Department, 384, 812- 815, 812a, 813a. in Ordnance Department, students, 813b. to Panama, 939. in Pay Department, 617, 618. to Philippine Constabulary, as chief, etc., 384, 941. of Porto Rico Regiment, 345b. to Porto Rico Regiment, to command, 345a, 384. in Quartermaster Corps, 495, 497, 508, 510, 511. to Quartermaster Corps, as Chief, 501. Reserve Officers' Training Corps, 1560. Restrictions on, .384, 937-938^. Retired, as adjutant general District of Columbia Militia, 950. DET A ILS— Continued. Officeks— Continued. Retired, to active duty, rank and pay, 958f. Retired, to colleges, etc., 945-950. Retired, to Organized Militia, 957, 958. at Rifle ranges, 553c. to Signal Corps, 887, 888. to Signal Corps, Aviation Section, 889c-889e. to Staff Corps, temporary, 1332d. to Staff Departments. See Staff de- partments. Study of law, forbidden, 469b. in Subsistence Department, 582, 583. DETAINED PAY. See Pay of enlisted men. DIPLOMATIC OFFICE: Acceptance of, by officers, effect, 997. DIRECTOR OF CIVILIAN MARKSMAN- SHIP, 1580. DISABILITY : of Artisan or laborer. See Lahorevs. DISBURSEMENT OF PUBLIC MONEY: for a particular purpose or office, see specific title. Accounting officers. See Accounting offi- cers. Accounts. See Accounting of public money. Additional compensation not to be paid for, 170. Appropriations. See Appropriations. Auditors. See Auditors. Disbursing officers. See Disbursing offi- cers. in Excess of appropriations prohibited, 189. Reports of, to be made to Congress, 413. Requiring receipt in excess amount, 418. Special agents for, to give bond, 248. DISBURSING OFFICERS: in a particular office or service, sec the office or service; see also Disbursement of public money. Accounts — Accessible to accounting officers of Treasury, 124. Accurate entry of each deposit, etc., 409. Administrative examinations, 198. Auditing accounts of, investigation of method, 40e. Disbursements to be by distinctive items, 410. Failure to render, 422. Inspections by Inspector General, 461. Inspections by Secretary of War, 412, 413. Monthly, according to appropriations, 416. Monthly, to bureaus to which they per- tain, 415. of Premiums on sale of Treasury notes, etc., 402. Report of auditors as to outstanding checks. 183a. INDEX. looa DISBURSING OFFICERS—routlnuea. ■ AcrorxTS — rontinued. Report of unchanged balances, 18.*>, 183a. Return of checks unpaid for three years, 241. Unchanged balances covered into Treas- ury, 244. Advances of Tublic Money — Excepted from prohibition against, 407. Appointment, sahiry, and duties, 23. Bond — of Acting disbursing clerks, 24. Examination as to sufficiency, etc., 304. Failure to examine, effect, 396. Liability of principal under, when ended, 396. Limitation on liability of sureties, 398. I'resident may regulate and increase, 388. Renewal every four years, 395. Required, 23. of Special agents employed, 248. Sureties to be notified of deficiences, 397. Court op Claims, Relief ix — Decree by, 280. Jurisdiction of courts, 277. Duplicate Checks — Lost or stolen, etc., 24.", 24r»a. Officer drawing original dead, 245. Duties— Account for premiums or sale of notes, etc., 402. Allotments to be paid designated allot- tees by, 712. Counterfeit money to be marked by, 414. to Deposit excess money in Treasury, 400. to Deposit money intrusted to I hem, 399. Enumerated, 23. to Keep accurate entry of each deposit, etc., 409. Offenses — Accepting receipt for funds not paid out, 426. Certificate, making false, 429. Conversion of public moneys, 419, 420. Deposits, failure to make, 422. Embezzlement, 419, 420, 428. Embezzlement, prima facie evidence of, 424, 425. Exchange of funds by, penalty, 401. False entry, 171. Receipt in excess amount, requiring, 418. Rendering of accounts, failure in, 422. Statutes Construed for, 202. DISBURSING OFFICERS, ARMY: Accounts, deposits, etc., inspection of. 461, 462. DISCHARGE : Clerks — Restrictions on, 40, 41. DISCHARGE— Continued, Enlisted Men — Certificate, forging, etc., penalty, 131a. Certificate issued under true name, 1048. Certificate lost, etc., replacing, 1047. Certificate to be returned after settle- ment of accounts, 214. for Disability, baggage allowance, 721a. Dishonorable, enlisted strength exclu- sive of, 332g. Dishonorable, execution may be sus- pended, 1049. Dishonorable, pay during suspended sentence, 727a. Final at end of reserve period, 1031e. Forging, etc., certificate of, penalty, 131a. Honorable, on account of dependent parent, 1044, 1044a. Honorable, on removal of charge of desertion, 451. National Guard, travel allowance, 1045b. by Purchase in time of peace, 104.3, 1043a. Receiving dishonorable, reenlistment, 1052. Receiving expenses of seal travel, 1046, 1046a. Receiving honorable, preference to, 164, 165. Receiving honorable, transportation al- lowed, 683, 721. Receiving transportation to which en- titled, 1045, 1045a. Restrictions until expiration of seven years' service, 1031, 1031a. Returning home, entitled to wear uni- form, 1010b. Sea travel, 1046, 1046a. Travel allowance, 1045, 1045a, 1045b. Officers — - See also Officers, Army. Actual expenses only for sea travel on, 683. Certificate of lost, etc., replacing, 1047. Evidence of, returned after settlement of accounts, 214. Honorable, on failure on reexamina- tion, 9.30. Honorable, travel allowances, 684. of Medical Corps, railure in examina- tions, 735, 736, Supernumerary, after five years' serv- ice, 998. DISCIPLINARY BARRACKS : See also Military prison. Branch Barracks — Authorization, 476a. Commandant — Authorized, 480a. Powers and duties. 481a. Record of good conduct kept by, 481a. Control — Vested in The Adjutant General, 477a. 92061°— 17- M 1010 INDEX. DISCIPLINARY BARRACKS— Continued. Creation, 475a, 475b. Detachment — Composition, 704. Pay of enlisted men, 704. Detention in — Sentences of, authorized, 475c. Disciplinary Companies — Arming, etc., authorized, 481b. Autliorized, 481b. Detail of sergeants with, 1332a. National defense act, effect on, 1106a. Noncommissioned officers detailed from line, 480a. Organization, 481b, Part of Regular Army, 331a. Enlisted men. See this title, Prison guard. Government. See this title. Control. Military prison changed to, 475a, 475b. Noncommissioned officers, additional for, 1332a. Officers — Composition, 480a. Detailed by Secretary of War, 480a. Prisoners — Clemency to, authorized, 488a. Disciplinary Companies. See this title, Disciplinary companies. Employment at trades, etc., author- ized, 481a. Manufacture of military supplies, 487. Parole authorized, 488b. Record of good conduct kept, 481a. Remission of portion of sentence au- thorized, 488a. Restoration to duty authorized, 488a, 488b. Prison Guard. See also this title, Detachment. Battalion sergeant major authorized, 480a. Detail of enlisted men to, 480a. Enlisted men assigned from line, 480a. Enlisted men, organization and pay, 704. Extra-duty pay, 563a. National defense act, effect on, 1106a. Organization, 1104, 480a. Part of Regular Army, 331a. Regulations to be prescribed by Secre- tary of War, 481a. DISCIPLINE. See Articles of War. DISEASES. See Contagious Diseases. DISMISSALS : in Classified service, 40. DISMISSED OFFICER. See Officers, Army. DISTANT STATIONS: Advances of money to persons on duty at, 407. Advances of pay to persons on duty at, 649. DISTILLERIES : in Indian country. See Indian country. DISTRESS WARRANTS : Against delinquent custodians, 224. DISTRESS WARRANTS— Continued. Disposal of surplus moneys after satis- fying, 230. Execution, method of, 226, 227. Form and contents of, 225. Injunction to restrain, 234, 235. Issued, when and by whom, 231. Jurisdiction of, 232. Levy made in pursuance of, to become lien, 228. Other remedies of United States not af- fected by, 236. Persons aggrieved by, relief, 234, 235. Postponement of issuance of, 233. Sale of lands under, method, 229. DISTRIBUTION OF PUBLICATIONS: by Public Printer, exceptions, 85. DISTRICT ATTORNEYS : Duties in protection of civil rights, 1447, 1451. Fees in civil rights cases, 1451. DISTRICT COURTS: Empowered to issue writs of habeas corpus, 266. Jurisdiction over claims, 278. Jurisdiction over offenses on high seas, 300, 301. DISTRICT OF COLUMBIA: Accountants, payments to, restricted, 81a. Accounts of officers in, accessibility, 212. Adjutant General, appointment, 1335b. Advertising in newspapers in, 1203, 1204. Appointments to Military Acadteqjy from, 1144. Certificate of inspection of fuel in, 1244. Discrimination against Army, uniform in, 1010. Employees of, absence on militia duty, 1331a, 1331b. Flag, desecration, 1529a. Fuel used in, inspection, 1242-1244. General Staff officers, duty in, 369a. Holidays in, days constituting, 53. Inspection of fuel, 1243. Lease of Armory, etc., for militia, 1372a. Militia. See Militia. Rental of buildings in, 99, 99a, 118, 120, 1372a. Revised Statutes, relating to title, 311. DIVISION : Composition, 356, 356a, 357. Composition of typical, in time of war, 356a. Composition of staff of commander, 359. Ordnance officers on staff of commander, 816. Staff officers, may be volunteers, 360. DIVISION OF INSULAR AFFAIRS. See Insular Affairs, Bureau of. " DOCKERY ACT " : Accounts to be examined under, 198. DOCUMENTS : See also Books; Records. Appropriatons chargeable for printing', etc., 114. Authorized number not to be exceeded, 117. INDEX. 1011 DOCUMENTS— Continued. Distribution to be made by Public Printer, 85. Illustrations in, limitation on, IIG. liibraries of departments depositaries of public, 125, 125a. Restrictions on printing by departments, 113. Unlawful, concerning national defenses, penalty for making, etc., 13171. DOMESTIC VIOLENCE : I'se of Militia to suppress, 1418. DONATION OF LANDS: for Aviation fields, 1274a. for Remount stations, 1274a. as Sites for fortifications, 804. for Stations, 1274c. DOORKEEPER : at White House, 513. DOUBLE SALARIES: Exceeding $2,500, exceptions, 169. Exceeding $2,000, exceptions, 169a, 169b. DOUBLE TIME: Counting for retirement, officers of Phil- ippine Scouts, 339b. DOUGLAS, FORT, UTAH : Citizens' Training Camp. 1578. DRAFT. of National Guard. See National Guard, Federal Service. to Fill reserve battalions, National Guard, 1325t. DRAFT ANIMALS: See also Horses, Restriction upon purchase, 537, 538, DRAFTS. See Checks. DRAFTSMEN : Cliief of Ordnance may employ, 818. Chief Signal Officer may employ, 895. Employment of, restrictions, 27, 28. DREDGING. See River and harbor tcork. DRUM MAJORS: Pay, 701. DUES : Payment from public money prohibited, 81. DUPLICATE CHECKS: Issuance of, by disbursing officers, 245, 245a. DUTIES : Customs duties. See Customs. of Officers, See the officer. EASEMENTS : for Telephone, electric, etc., lines, 1283. EDUCATIONAL INSTITUTIONS : See also Colleges; Schools; Reserve Offi- cers' Training Corps. Ammunition, etc., for instructions, 831a, 955b. Details of officers, etc., at. See Details. Issue of old-model ammunition to, 955a. Issue of quartermaster supplies to. for instruction camps, 954c, 1562, 1563. Issue of targets, etc., to, 954d. Sale of Army supplies to, 951a, 951b. Sale of ordnance property to, 951c. EFFICIENCY, BUREAU OF: Created as Independent establishment, 40b. Duplication of work, investigation as to, 40d, 40j. Duties, 40C-40J. Efficiency ratings, establishment of sys- tem of, 40c, 40d, 40i. EFFICIENCY RATINGS: of Civil-service employees, 40, 40c, 40d, 40i. EIGHT-HOUE LAW: Alien labor, Canal Zone, not covered, 1225, 1226. Contractors penalized, right of appeal, 1222. Date effective, 1225. General provisions, 1218, 1219. National emergency, suspension of, in time of, 1223, 1223a. Naval vessels, contracts for, governed by, 1228-1230. Ordnance purchased from firms observ- ing, 1231, . Overtime work, rate of pay for, 1223b. Penalty for violation, 1220. President may waive, during time of war, 1223, 1223a. Previous contracts not affected, 1221. Public works, contracts governed by, 1219. River and harbor work under, 1232. Supplies and services excepted, 1223, 1223a. Testes of cannon contracts to include, 1231. ELECTIONS : Presence of troops at, forbidden, 1457-. 1461. ELECTRICIANS : Casemate. See Casemate electricians. Master. See Master electricians. ELECTRICITY : for Executive departments, contracts for, 1197. Sales of surplus from Government plants, 521, 521a, 521b. ELECTRIC POWER COMPANIES: Riglit of way for, over public lands, 1283. ELIGIBILITY, CERTIFICATES OF: Holders of, rights and liabilities, 923, 924, 14 A. W. EMBARGO : on Militar.v transportation, prohibited, 525a. EMBEZZLEMENT : By a particular officer or of a certain class of property. See the speeifio title. See also Articles of War. EMERGENCY RATIONS: See also Rations, Army. Where issued, to be in addition to regular, 595. EMPLOYEES : See also Officers. 1012 INDEX. EMPLOYEES — Continued. Civil employees of Military Establish- ment. See Civilian employees. of Executive dopaitments. S<'e Executive depart mcnts. EMl'LOYMENT : I'l-eference given to discharged soldiers, 165. EMPLOYMENT OF MILITARY FORCE : in Alaska, as posse comitatus, 1477. During insurrections. See Insurreetion. at Elections prohibited, 1457-1461. to Enforce neutrality of United States, 1472, 1472a, 1473. in Enforcement of civil rights, 1449, 1454. by Governor of Hawaiian Islands, 1478. Guarding persons extradited for crimes, 1476. in Indian country. See Indian country. in Mexico, justified, 1475a, 1475b. as Posse comitatus, prohibited, 1480. to Prevent discrimination against Ameri- can vessels or citizens, 1469g. to Prevent vessels departing without clearance, 1472a. to Protect rights of discoverer of Guano, 1479. ENCAMI'MENTS : of Militia. See Militia. of National Guard. See National Guard, training; Reserve Officers' Training Corps. Rosettes or knots for attendance of en- listed Reserve Corps at, 1583. ENGINEER : P,attaIions. See Engineers, Corps of. Companies. See Engineers, Corps of. Detachment at Military Academy, 1171. Detachments, part of Regular Army, 331a. School, equipment and maintenance, 1184. School, purpose, 1183. ENCilNEERS : Restrictions on employment of, 27. ENGINEERS, CORPS OF : Appointment — From Cadet Corps, number, etc., 785, 786. from Civil life, age, etc., 786. Officers of Army, 786a. Officers of Navy, 786a. Appropriations — Settlement of transactions between, 808. Subscriptions may be paid in advance, 801. Assistant band leader, pay, 695a. Band — Organization, 792, 792a. Rand leader, pay, 695a. Battalions — Details to. See this title. Details. Medical personnel of Volunteers, 1385. Mounted, organization, 790d, 790e. Organization, 793, 790b-790e. Personnel, increase, 790c, 790e. Battalion supply sergeant, pay, 695a. Chaplain, authorization of one, 904, ENGINEERS, CORPS OF— Continued. Chief of Engineers. See Chief of En- gineers. Companies — Mounted, organization, 790d, 790e. Officers for command, 794. Organization, 790b, 790c. Personnel, increase, 790c, 790e. Strength of, 795, 796. Composition, 784, 784a, 785, 7901)-790e, Details — ■ to Battalions and commands, 794. Limitation on, 789. to Superintend construction of public works, 807. as Superintendent, War Department Building, 154. Disbursement of Public Moneys — by Officers on work under their con- trol, 807. Electrician, pay, 695. Employment of additional persons In, 161. Enlisted Men — Composition, 790, 784a. to Constitute part of line of Army, 791, 791a. Duties and instruction, 797. Equipment and supplies, 798. Horseshoer, pay, 695a. Increase in, 796. Organization, 790. Master engineer, pay, 695a. Mess sergeant, pay, 695a. Musicians, pay, 695a. OFPICBliS — Command of organizations, 790f. Details of. See this title, Details, May disburse public moneys, 807. Increase in number, 785. Mileage, 675a. Promotions. See this title. Promo- tions. Retired, employment on harbor work, 799. Serving with organizations, part of line of Army, 791a. Transfer to another corps, 789. Organization — • of Battalions, 793, 790b-790e. of Companies, 795, 796, 790b-790e. of Corps of Engineers, 784, 785, 7S4a. of Enlisted force, 790, 784a. Increase, regimental, battalion, and company, 790c. Part of Regular Army, 331a. Privates, pay, 698. Promotions — According to seniority, 784. Examination of officers for, 788. of Lieutenants, after 14 years' service, 386. Regimental supply sergeant, pay, 695a. Regiments — Command, 790f. Organization, 790a. Personnel, increase, 790c. INDEX. 1013 ENGINEERS, CORPS OF— Contiuued. Saddler, pay, 695a. Scrgpaut bugler, pay, 6J)5a, Sergeant, first class, pay. 605a, Sergeants, additional, details, lX^•2a.. Sergeants, pay, 695. Stable sergeant, pay, 695a, Supply sergeant, pay, 695a. Travel, per diem in lieu of subsistence, 808a. Wagoner, pay, 695a, ENLISTED MEN: Fcr a particular clans or those in a par- ticular branch of the service, see the specific title. Absence — Due to misconduct, etc., without pay, 666, 107 A. W. Without leave, must be made good, 666, 1035, 107 A. W. Without leave, not to be paid during, 448, 452. Appointment as cadets, 1139b, Arrest — • For debt, exempt from, exception, 1067. Badges. See BafJges. Baggage lost in military service, 217, 217a. Bounties. See Bounties. Certificates of merit. See Certificates of merit. Civil employment, pi'ohibited, 701a. Claims — no Deductions for attorney's fees, 219. for Property lost in service, 217, 217a. Clothing. See Clothinfj, Army. Cooking for. See Cookinu. Credit for service. See Pan of enlisted men; Retirement, Army. Deceased — See also Articles of War. Beneficiaries, payment to, in certain cases, 1061, 1062. Expenses of interment, 1063. Removal of remains from abandoned posts, 1063. Settling accounts of, 1059, 1060. Transportation to national cemeteries, 1063. Deposits of Savings — Deposited in Treasury as a separate fund, 716. Interest on $5 or over, 717. Payable on discharge, 575. with Paymasters, regulations, forfeit- ure, 716. Regulations by Secretary of War, 718. Desertion. See Desertion. Detachments. See Detachments. Details. See Details. Disabilities — Civil offices, ineligible for, 960. Discharge. See Discharfje. DVTIES — Acting as servants to officers not in- cluded, 1068. Eligibility. See Certifl,cate8 of eligibility. ENLISTED MEN— Continued. Employ MENT — ■ as Stenographere of courts-martial, 1069. Enlistment. See Enlistment. Equipment, See Clothimj, Army. Examinations for promotion, 920-923. I'orging, etc., certificate of discharge, penalty, 131a. Furlough. See Furlouyh. Increase by increments, 331b. Instruction of, by chaplains, 915. Letters of, may be forwarded unpaid, 251. ^ledals of honor. See Medals of honor. Medical Treatment — Employment of extra nurses for care of, 777. of Families, free of charge, 742. in Private hospitals in certain cases, 776. Ruptured in line of duty, truss, 783, Merit, certificates of. See Certificattes of merit. Naturalization. See yoturalization. Noncommissioned officers. See Xoncom- missioned officers. Number — Limited to 100,000 men, 332, Maximum, 332, 3.32e, Maximum in emergency, 332b, 332c, 333. Maximum strength during exigencies, 333. Medical Department, excluded from limit, 756a. Minimum. 3.32d, Not to be increased by remount de- tachments, 541. Sentenced to dishonorable discharge, excluded from limit, 332g. Offenses — See also Articles of ^^l^r. Aiding or enticing soldier to desert, 1055. HarlK)ring, concealing, etc., deserter, 1055. Pay. See Pay of enlisted men. Pen.sions. See Pensions. ■ Promotions to second lieutenants, 331d, 331 f, 920-923. Property lost in military service, 217, 217a. Quarters. See Quarters. Army. Rations. See nations. Army. at Recruiting depots. See Recruiting depots. Recruits, See Recruits. Retirement. See Retirement, Army. Sales to — of Subsistence stores. See FSubsisience stores. Savings. See, this title, Deposits of savings. Servants — Not to act as, to officers, 1068. 1014 INDEX. ENLISTED MEN— Continued. Teachers for vocational instruction, 1293a, 1293b. Tour of duty in Canal Zone and Phil- ippine Islands, limit on, 330a. Transfer — to Hospital Corps as privates, 766, 1037. to Navy or Marine Corps, 1086. Transportation on discharge. See Dis- charge. Vocational instruction, 1293a, 1293b. ENLISTMENT : Excessive, for foreign service, 332a. of Filipinos, 335. in Foreign sei-vice. See Neutrality. Fraudulent Enlistment — Punishable by court-martial, 1033; 54 A. W. of Indian scouts, 334. National Guard. See National Guard. Premiums — Accepted recruits, 1032. Qualifications — Age limit, 1026, 1027, 1028, 1028a, 1029. Aliens ineligible in peace, exceptions, 1029. Deserters ineligible, exception, 1027, 1052. Intoxicated persons ineligible, 1027. Minors under 16 ineligible, 1027. Minors, written consent of parents, etc., 1028, 1028a. Porto Ricans, when eligible, 342. Recruits. See Recruits. Reenlistment — Age limit does not apply, 1026. in Army reserve, bounty for, 1031, 1031O. Bonus for, within three months, 706. Bounty in time of war, 1031o. of Deserters in time of peace, 1052. Increased pay for, within three months 1034. Noncommissioned offlcei-s, rank at dis- charge, 1034a. of Porto Ricans In Regular Army 349. Qualifications, 1030, 1052. Term — Continued at outbreak of war, 1031h. Fixed at three years, 1030, 1031d. Fixed at seven years in Army and re- serve, 1031, 1031a, 1031d, 1031h. Method of determining continuous serv- ice, 1031d, 1035. Unauthorized absences must be made good, 666, 1035, 107 A. W. ENLISTED RESERVE CORPS: See also Regular Army Reserve, Active Service — in Emergency, 1597. Not a right, 1599. for Training, 1586, 1587. with Volunteers, 1598. ENLISTED RESERVE CORPS— Contd. Arms and equipment, accounting for, on discharge, 1593. Assignment to Army as reserves, 15S5. Aviation Section, active pay, 889cc. Certificates of enlistment, 1582. Clothing — Accounting on discharge, 1593. Exchanged when unserviceable, 1592. Issue, 1590. Property of United States, 1591. Constitution, 1581. Discharges, 1595. Eligibility for, 1582. Enlistment period, 1582. Part of Army of United States, 329a. Pay, 1588, 1597. Penalty for failure to comply with orders, 1596. Pensions, 1589. Purpose, 1581, Rank, 1582, 1597. Retirement, not entitled to, 1589. Rosettes or knots for attendance at en- campments, 1583. Rosettes or knots, unauthorized wearing penalty, 1584. Subject to Articles of War, when, 1594. Training period, 1586. Training period, extension, 1587. Uniform, same as Army, 1590. Volunteers, service with, 1598. ENLISTED STRENGTH. See Enlisted m^n, number; Dine of the Army. ENSIGNS, NAVY: Relative rank with Army, 352. ENVELOPES : See also Mail matter. Executive departments to procure, 254. " Official Business," printed on certain, 252. Official, penalty for private use, 253. " Penalty " clause to be printed on, 254. Return penalty may be inclosed, 256. EPIDEMIC DISEASES: Measures for dealing with, in Army, 778. EQUAL RIGHTS. See Civil rights. EQUIPMENT : of Soldiers, sale prohibited, 1262. ESCAPE : from Military prison. See Military prison. ESTIMATES : &j/ a particular office or officer, or in con- nection with a particular subject, see the spedflc title. Books of Estimates. See Book of Esti- mates. Contents — All annual, for the public service, 91. Amount for next fiscal year stated, 88. Annual, information to accompany, 102. Arrangement, 90. Changes desired, propositions for, 90. Explanation of new items, 89. INDEX. 1015 ESTIMATES— Continued. Contents — Continued. for Lump-sum appropriations, 96, 96a, 96b. for Lump-sum appropriation, metliod of maldng, 96b. Outstanding appropriations included, 88. of Special or additional estimates, 91, 91a. Unnecessary words to be eliminated, 87a. Variation from current, to be noted, 89. of Executive departments. See Execu- tive departments. Furnished to Sbcketary of the- Treas- ury — Failure to furnish, 87. by October 15, required, 87. Preparation — Designation of official to supervise, 87a. under Direction of Secretary of Treas- ury, 86. Officers' compensation founded by law, 95. Submission to Congress — Through Secretary of the Treasury, 86, 92. EVIDENCE : Claims. See Claims, Compelling witness to furnish, 136. Court of Claims. See Court of Claims. of Embezzlement, prima facie, 424, 425. Original records required in certain cases, 247. Pamphlet copies of statutes, 321. Revised Statutes legal evidence, 310, 318. Statutes at Large are legal evidence, 321. Supplement to Revised Statutes prima facie, 320. Transcripts from Treasury books. 247, 424. EXAMINATIONS : For appointment of a particular offlcer, see the spedfio title. of Accounts. See Accountinfj of public money. of Bonds. See Bonds. under Civil service. See Civil service. of Enlisted men for promotion. See Second lieutenants. at Military Academy. See Military Academy. of Officers. See Officers, Army. Pension cases. See Pensions. EXAMINING BOARDS: Promotion of enlisted men, 921. Promotion of officers. . See Officers, Arm.y. Veterinary Corps, composition, 728a. EXCHANGE : of Funds, restrictions upon, 401. Post. See Post eaiohange. of Sewing machines, etc., 1261a. of Typewriters. See Typeirriters. of Unserviceable powder and shot, 837. EXECUTIVE DEPARTMENTS : For a particular department, see the de- partment. Absence, leaves of. See, this title. Em- ployees. Accountants, payments to, restricted, 81a. Accounts. See Accounting of publio money. Adding machines. See, this title. Sup- plies. Advertisements — for Bids for supplies, 1196. in District of Columbia, limitations, 1203, 1204. in Newspapers, written authority, 1201. Rates to be paid newspapers, 1202. Annual reports. See, this title. Reports, Appropriations — See also Appropriations. Estimates for. See, this title, Esti- mates. Expenditures in excess of, prohibited, 188. Lump-sum, payment of salaries re- stricted, 35. Membership fees, etc., not to be paid, 81. Payment of accountants from, re- stricted, 81a. Payment for private telephones pro- hibited, 83. Arms — for Protection of public money, etc., 830, 847. Automobiles. See this title. Vehicles. Books — See also this title, Documents. Public Printer to furnish, 112. Buildings — ■ Public. See Public buildings. Rental in District of Columbia, 118- 120. Statement of, rented, 99, 99a. Bureau of Efficiency — Classification, salary, and efficiency of employees, 40i. Duplication of work, investigation of, 40d, 40j. Information, access to records, etc., 40h. Bureaus — Absence of chief, who may act, 14. Action by chief of, on report of chief clerk, 22. Death of chief, who may act, 14. Temporary chief of, 14, Carriages for officers and employees, 82, 82a. Chief Clerks — Duties, 20, -21. Oaths of office to employees, 57. Oaths to travel accounts, 65. Reports by, 21, 22. Claims — Before Court of Claims. See Court of Claims. Before departments. See Claims. 1016 INDEX. EXECUTIVE DEPARTMENTS— Contd. Clbhks — See also, this title, Employees. Appointment of women as, 26. Chief. See, this title, Chief clerks. Classification of, 43. Compensation of, 44, 44a, 44b, Detail, for duty in office of President, 12, 12a. Disbursing. See, this title. Disbursing clerks. Extra services, no compensation for, 46, 47. Increased compensation for certain grades, 44a, 44b. Payment from contingent funds pro- hibited, 28, 32, 74. Performing duties of another, not paid for, 47. Kates of pay compared with State and municipal clerks, 40g. Temporary, compensation of, 45. Closing — on Death of ex-offlcial prohibited, 123. Contingent funds. See Coniinyent funds. Contracts — See also Contracts. in Excess of appropriations, prohibited, 188. for Supplies. See, this title, fiupplics. Counsel. See, this title. Heads of depart- ments. Details. See, this title, I'hnploi/ces. Disbursements. See Disbursements of public moneys. DisBTRsiNG Clerks — See also Disbursing officers. Appointment and bond, 23. Bond acting, bound by, 24. Books accessible to accounting officers, 124. Documents — See also, this title. Books, Distribution, lists furnished Public Printer, 85. Distribution by, prohibited, exception, 85. I'rinting, authorized number not ex- ceeded, 117. Reports. See, this title. Reports. Restrictions on printing, 113. Employees — Absence in excess of leave, without pay, 50. Accountants, payments to, restricted, 81a, Clerks. See this title, Clerks. not Compensated for administering oaths, 58. Compensation of, 44, 44a, 44b. Compensation increased for certain, 44a, 44b. Deceased, transportation of remains of, 84. Detail in District of Columbia from without, prohibited, 29, 30, 32. EXECUTIVE DEPARTMENTS— Contd. Employees — Continued. Details with boards, etc, prohibited, 408, Details within departments, 34. Discharge of, restrictions, 40. Efficiency ratings, establishment of, 40, 40c, 40d. Employment in excess of authority prohibited, exception, 37, 188, 1195. Established and fixed, 40a. Establishment of pension roll prohib- ited, 38. False or fictitious entry or report, 171. may Furnish information to Congress, 42. Hours of labor. See, this title. Hours of labor. Holding more than one office with salary exceeding $2,500, exceptions, 169. Holding more than one office with salary exceeding $2,000, exceptions, 169a, 169b. Investigating frauds, may administer oaths, 64. Issue of arms to, 847. Laborers. See, this title, Laborers, Leave, annual, in addition to sick, 51. Leave, annual, exclusive of Sundays, etc., 52. Leave, annual, with pay, 50. Leave, with pay, contagious diseases, 50. Membership fees, etc.. United States not to pay, 81. Messengers. See, this title, Messen- gers, Oath of office, form, 59, 60. Oath of office, who may administer, 57, 62, 63. Oaths, before whom may be taken, 63. Oaths to travel accounts, 65. Officers. See, this title, Officers. Payment from lump-sum appropriations restricted, 35. Payments to incapacitated, forbidden, 39. Per diem, to receive pay on holidays, 54, 55, 56. may Petition Congress, 42. Preference to honorably discharged soldiers, 41. Prohibited assisting in prosecution of claims, 430. Prohibited receiving double salaries in excess of $2,000, exceptions, 169a, 169b. Prosecution of claims by ex-employees, 140. Rates of pay compared with State and municipal clerks, 40g. Reduction of, restrictions, 40. Removal, on charges In writing, 42. Report of inefficient, 103. Restrictions on employment, 27. Sick leave with pay, 50. JNDKX. lOi rxECUTiv^: DEPA RTMEXTS— ront«l. Employees — Continued. Soliciting contributions, 177. Transfer hftwcen departments, 36. Transfer from regular to lump-sum rolls, 35. Travel expenses, limitation upon, G80a. Use In mobilizing and paying, reserve, 1031n. Voluntary services. Sec, this title, Vol- uniary services. Envelopes. See, this title, Supplies. Estimates — See also Estimates. Annual, Information to accompany, 102. Arrangement to conform to curnnt acts, 90. in Books of estimates, 86. for Compensation of officers, 95. Date for submission, 87. for Deficiencies, method of transmit- ting, 92. Designation of official to supervise preparation, 87a. for Lump-sum appropriations, 9G, 90a, 9Cb. for Lump-sum appropriations, method of making, 96b. Method of proparing, 93. for Printing and binding, 94. for Printing and binding furnished, 114. for Public buildings or works, 97. for Purchases, etc., of passenger-carry- ing vehicles, 82a. Special statement as to necessity, 91, Ola. Statement of rented buildings, 99. Submitted tiirough Secretary of Treas- ury, 86. T'nnecessary words to be eliminated, 87a. Variation from current to be ex- plained, S9. IVjKMS I'ublic Printer ro furnish, 112. I[E.\DS OF Departments — for the head of a particular depart- ment, see the specific title. Absence of, who may act, 13. Action by, on report of chief clerk, 22. Assistant to perform duties on death, etc , 13. Authoiized to employ clerks, etc., 2r». Counsel furnished, examination of wit- nesses, 1.37. Department of .Instice to furnish coun- sel, 138, 264. Employment of counsel prohibited, 1.38. Estimates by. See this title, EhU- mates. to Furnish data for Official Register, 111. Hours of lalx)r designated by, 48, 49. Inventories and returns of public property, 109, 110. EXECT'TIVE DEPARTMENTS— Contd. Heads of Departments — Contiu»ie(l. President may require opinion, 2. Purchase of newspapers by, 77. Regulations for property returns, 12.'i9. Regulations to \>e prescrlljed by, 19. Reports of. See this title, Reports. may Subpcena witnesses as to claims, 134. Temporarily act as head of other de- partment, 15. ^ — ~ Temporary appointments as, restric- tions, 16, 17. Writt<'n authority for advert'-'"" "■■. quired, 1201. rioLBS OF Labor-— fur Employees to be not less tlian seven, 48. Exten.slon of, if work is in arrears, 49. Extension of, permitted, 48. Illustrations. See this title, Reports. Laborers — See also this title, Employees. Authority to employ, 23. Compensation, 44. Employment, restrictions, 27, 28. Law Books — I'urchase from contingent funds, 78. Specific appropriation necessary, 78. Libraries — Depositories of public documents, 12.'>, 12.!;a. Magazines. See this title. Periodicals. Mechanics. See this title. Laborers. Messengers — ■ See also this title. Employees. Compensation, 44. Employment authorized, 25. Employment, restrictions on, 27, 28. Newspapeb.s — See fll.so this title, Periodicals. Advertisement In, See this title. Ad- vert i* em cnts. Expenditures for, limited, 76. Purchases from contingent funds lim- ited, 77. Oaths. See this title. Employees. Officers — See also this title. Employees. Estimates for compensation of, 9.5. Payment from contingent funds pro- hibited, 28, .32. Performing duties of another office, pay, 18. Periodicals — See also this title, Keirspnpcrs. I'urchase of, from contingent funds restricted, 78. Subscriptions for, payment in advance, 77a. Personal services. See this title. Em- ployees. Postage stamps. See this title. ftHpi>li*'>>. Postal (luide, official, 1230c. Printin*; akd Bixdixo — •See also this litle. Documents. .\ppropnH lions chargeable, 114. 1018 INDEX. EXECUTIVE DEPARTMENTS— Contd. Printing and Binding — Continued. Detail from Printing OflEice for, 33. Estimates for, 94. Estimates furnished by Public Printer, 114. Illustrations, restrictions on, 116. Property — Inventories and returns, 109, 110. Purchase of arms for protection, 830, 847. Regulations for returns, 1259. Recording Clocks — Use, in Washington, forbidden, 121. Reports — Annual by heads, time for, 104. Annual when furnished Public Printer, 106, 106a. Failure to make required, penalty, 110. of Heads, certain matter excluded, 107. Illustrations, restrictions on, 116. of Inefficient employees in estimates, 103. Inventories and returns of public property, 109, 110. Monthly, as to condition of business, 49. Monthly, by chief clerks, 21. Number and grade receiving increased compensation, 44b. Printing, authorized number not ex- ceeded, 117. of Proceeds of sales and other receipts, 101. Quarterly, to President, 108. Regulations for returns of property, 1259. of Typewriters, etc., exchanged, 75a. Returns. See this title, Reports. Services. See this title, Supplies. Stationery. See this title, Supplies. Subscriptions. See this title. Periodicals. Supplies — Adding machines, exchange author- ized, 75a. Advertisement for bids, 1196. Contracts for telephone, electricity, etc., 1197. Contracts limited to one year, 1194. Envelopes 4:o be procured by, 254. Exchange of typewriters, etc., author- ized, 75a. Open-market purchases, 1196. Postage supplied by Postmaster Gen- eral, 126. Purchase of, restrictions, 75. Purchase through General Supply Com- mittee, 1197. Typewriters, exchange authorized, 75a. Telegraph to Capitol. See Telegraph lines. Typewriters. See this title, Supplies. Useless Papers — Disposition of, 132, 133. Vehicles — Carriages for officers, etc.,. 82. EXECUTIVE DEPARTMENTS— Contd. Vehicles — Continued. Purchase of passenger-carrying, re- stricted, 82a. Voluntary Service — Acceptance of, forbidden, exception, 37, 188. Watchmen — Employment authorized, 25. Employment, restrictions on, 27, 28. Salary, 44. Women — • Appointment of, as clerks, 26. Salary, as copyists, 44. EXECUTIVE OFFICES. See President of the United States; WJidte House. EXECUTORS : Failure to recognize priority of United States, 222. EXPENDITURES. Of a particular office or service, see the specifio title; see ap- propriations; disbursements of publio money. EXPERT ACCOUNTANTS : in Inspector General's Department. See Inspector General's Depa/itment. EXPERT RIFLEMEN : Additional pay for qualifying, 699. EXTORTION : by Officers, etc., penalty, 1252. EXTRA DUTY : Details on. See Details. Pay for. See Pay of enlisted men. EXTRA PAY: of Enlisted men. See Pay of enlisted men. EXTRAORDINARY EMERGENCY : Mississippi River leeve work considered, 1227. FALSE CERTIFICATE: Penalty for making, 429. FARRIER : Designation of, with each organization, 703. Medical Department, percentage of, 766e. Pay, 695a, 697. Pay, additional, as horseshoer, 698. FEES: of a particular officer or in connection with a particular proceeding, see the specifio title. of Membership, etc., not paid from United States funds, 81. FELONS : not Accepted for enlistment, 1027. Excluded from admission to Soldiers' Home, 1516. FEMALE NURSE CORPS. See :Nurse Corps. B^ENCES: Destroying, on Government lands, pen- alty, 1314. FIELD ARTILLERY. See ArtiUery. FIELD ARTILLERY MATERIAL: Issues of. to militia, 1364. FIELD CLERKS. See Army field clerks; Quartermaster Corps, field clerks. INDEX, 1019 FIELD HOSPITALS : Sco also Hospitals. Oriranizatlon of, in Hospital Corps, 768. FIELD MUSICIANS : at Military Academy, pay and allow- ances, 1166. FIELD OFFICERS: Detaclied service, eligibility for, re- stricted, 938J. in Porto Rico Regiment, 345. Vacancies due to reorganization act, 1101. FILIPINOS : See also PMlipplne Islands. Appointment of four to Military Academy, 1143, 1143a. Treatment of insane soldiers, 1527. FIRE-CONTROL. EQUIPMENT: of Militia, transfer in time of war, 1366. FIREMEN : Rate of pay, 695. FIRST LIEUTENANTS : See also Officers, Army. Pay, 635. Relative rank with Navy, 352. FISCAL AGENTS: Duties as to public moneys, 185. FISCAL OFFICERS : Distress warrants issued against, wben, 232. FISCAL YEAR: begins July 1, each year, 195. FLAG OF UNITED STATES : to Consist of 13 stripes and 48 stars, 1528. Star to be added for each State ad- mitted, 1529. FLAGS : Captured, to be collected, 149. Definition in connection with desecra- tion, 1529b. Desecration in District of Columbia, 1529a. FORAGE : no Discrimination on account of loca- tion, 557. Furnished officers according to rank, 554. Officers, allowance, 651a. Oflicers separated from horses, 559, 560. FOREIGN ARMIES: Obeservers on duty with, expenses, 673a. FOREIGN DECORATIONS: Acceptance by officers, wearing, etc., 1011. Tender of, to officers, how made, 1012. FOREIGN GOVERNMENTS : See also Foreign decorations. Accepting commission under, 1467. Augmenting forces of belligerent, in United States, 1470. Enlisting in United States for service under, 1468, 1474. Fitting out ships in United States for service under, 1469. Furnishing unlawful information, etc., to, penalty, 13171-13175. FOREIGN SERVICE : Additional pay for clerks, etc., 302, 362a, 362b. Commencement, etc., of leaves while on, 663. Double time not counted for retirement of officers of Philippine Scouts, 339b. Enlisted men, counted double time. See Retirement, Army. Enlisted men, increased pay for. See Pay of enlisted men. Nurse Corps, increased pay for. See Nurse Corps. Officers, increased pay for. See Pay of officers. FOREIGN VESSELS : Compelling departure of belligerent, 1473, FOREIGN WAR. See War. FOREST RESERVES : Rights of way over, for telegraphs, etc., 1282, 1283. FORGERY : Bonds, bids, public records, etc., penalty, 131. Certificate of discharge, penalty, 131a. FORMS : for Accounts prescribed by the Comp- ' troller, 200. Public printer to furnish departments, 112. for Returns to Returns Office, 1214. FORT BAYARD GENERAL HOSPITAL.: Commutation of rations for patients in, 612, 611b. FORT LEAVENWORTH, KANS : Transfer of military prison to, 475. FORTIFICATIONS : Appropriations, disposition of balances, 192. Constructed by contract, after advertise- ment, 806. Donations of sites for, acceptance, 804. Employment of draftsmen for, 81 S. Enlisted men may aid and oversee work on, 797. Ei-ection of temporary, in emergencies, 259, 805. Examination of title to lands acquired as sites, 258. Obtaining, communicating, etc., unlawful information concerning, penalty, 13174- 13171. Officers constructing, to disburse moneys, 807. Procurement of sites by condemnation, etc., 802. Sites, expenditures for, restricted, 803. Sites for, donated, acceptance, 804. Sites for, to include sites for barracks, 803. Trespass upon or interference with, pen- alty, 1315, 1315a. PORTS : • See also Fortifications. Erection of temporary, in emergencies, 259, 805. 1020 IKDEX. FORTS— Continued. Examination of title to land acquired as sites, 258. FRANKING I'RIYILEGE : See also Mail matter. Extended to all officers of United States Government, 255. FRAUD : in Connection with claims. See Claims. ' Offering bribe to officei- to commit, pen- alty, 1251. Officers investigating, may administer oaths, 64. FRAUDULENT ENLISTMENT : Constitutes military offense, 1033, 54 A. W. FREIGHT : on Ordnance issued, not to be paid, 848. FUEL : See also Forage, Certificate of inspection attached to voucher, 1244. in District of Columbia, regulations, 1242-1244. Furnished officei'S according to rank, 554, 555. Inspection in District of Columbia, 1243, 1244. Officers' allowance, 651a. FUNDS : See also Public moneys. Echange of, restrictions upon, 401. of Soldiers' Home. See Soldiers Home. FUNERAL EXPENSES. See Burial ex- penses. FURLOUGH : into Army Reserve, 1031, 1031a, 1031c. Commutation of rations of enlisted men, 611. Medical care of officers, etc., while on, 776. GARDENER : in Office of Chief of Staff, 362, 362a. GARDENS. See Military posts, gardens. GARRISON COURTS-MARTIAL : See also Articles of War; Courts-martial. .Turisdiction restricted, 924. GAS : Proceeds of sales of, at Military Acad- emy, 1178. GENERAL : Fuel and forage allowed. 554. Pay, 635. GENERAL ARMY SERVICE DETACH- MENT : at Military Academy, 1170. Part of Regular Army, 331a. GENERAL COURTS-MARTIAL. See Courts-martial ; Articles of War. GENERAL GRANT NATIONAL PARK : Detail of troops for protection, 1301. Rights of way through, 1282. GENERAL HOSPITALS. See Hospitals. GENERAL OFFICERS. See O/fjcet's, Army. GENERAL PRISONERS : See also Disciplinary barracks; Military prison. (jENERAL PRISONERS— Continued. Commutation of rations, 611b. Restoration to duty. 4S8a, 488b. GENERAL STAFF CORPS: See also Chief of Staff. Aids-de-camp not authorized, 369. Assignments in District of Columbia, 369a. Assignments to War College, 369c. Assignments with any branch of Armv, 366a. Board on details, 365a. Chief of Coast Artillery additional member, 370, 370n. Chief of Militia Bureau member, 371, 1337a. Civilian employees. See Chief of Staff, Composition, 366, 366a, 367. Details in, period, 366, 366a. Details on recommendation of board, 365a. Duties, 368, 369b. Duties limited to those specified, 370a, 870b. Duties, violation, penalty, 370c. Establishment, 365. Expenses of observers, how paid, 073a. Part of Regular Army, 331a. Promotion during detail, effect, 365b. Redetail, limitation, 366a. Supervision of War College, 369c. Vacancies due to details to, filling, 356a. GENERAL SUPPLY COMMITTEE: Duties, etc., 1197. GOETHALS, GEORGE W. : Promoted to major general, 927b, 927e. may Retire, on application, 927j. Thanks of Congress tendered, 927a. GORGAS, WILLIAM C. : Promoted to major general, 927b, 927e. may Retire, on application, 927j. Thanks of Congress tendered, 927a. GOVERNMENT : Manufacture of arms, investigation, 1606. Republican form, guaranteed States, 1414. GOVERNMENT EMPLOYEES. See Cicil- ian Employees. GOVERNMENT HOSPITAL FOR IN- SANE: Admission of insane of Army, 1524, 1525. Establishment of, in District of Co- lumbia, 1524. GOVERNMENT PLANTS : See also Munition Plants. Sales of surplus products, 521, 521a, 521b. GOVERNMENT PRINTING OFFICE: Details of employees from, restricted, 33. GOVERNMENT PUBLICATIONS : Depositories of, designated, 125, 125a. GRADUATES : of Ai-my schools for bakers and cooks, 1188. INDEX. 1021 GRADUATES— Continued. of Military Academy. Soe Military Academy. GRAND ARMY OF THE REPUBLIC : Loans of tents to, authorized, 1259b. Loans or gifts of condemned ordnance, etc., 849. Unlawfully wearing badge of, penalty, 1025. GRATUITOUS ISSUES; of Clothing. See Clothing, Army. of Ordnance. See Ordnance. GRATUITY : Beneficiary to receive, to be designated, 1061, 1062. GUAM : Merchandise for, by Army transports, 530. Passengers to, by Army transports, 528. GUANO ISLANDS: I'rotection of rights of discoverer, 1479. GUN BATTERY. See Artillery; Field Artillery. GUN CARRIAGES: Appropriation for tests of, 878. GUN COMMANDERS: Additional pay for qualifying, 699. Authorized number of, not to be in- creased, 700, GUN FIRE : Claims for damages caused by, 162. GUN POINTERS: Additional pay for qualifying, 699. Authorized number, not to be increased, 700. GUNNERS : First and second class, pay for qualify- ing, 699. Master, rate of pay, 695. GUNS. See Cannon. HABEAS CORPUS: Application for writ, 269. Conditions under which writ may issue, 268. Directed to one in possession of body, 270. Disposition of party on summary hear- ing, 275. In Hawaii, suspension of, 1478. Hearing within five days after return of writ, 274. Issue of writ, allowance and direction, 270. Issue of writ, courts empowered, 266. Issue of writ, powers of Federal judges, 267. Prisoner in jail, 268. Return, form prescribed, 272. Return, production of body, 273, Return, time prescribed, 271. Summary hearing, 275. Suspension of writ, 276. HAMMOND, JOHN HAYJ^, .Tr. : Purchase of inventions of radiodynamic torpedo control, 1612, HARBOR DEFENSES: Plans for improving, for tle(>t operations, for 98a. Trespass upon, penalty, 1315, 1315a. HARBOR WODKS. See River and Jiarhor Works. HAWAII : Assignment of pay of surgeons in, 740, Employment of military forces in, 1478. Enlisted men, service in. See Pay of enlisted men; Retirement, Arm tK Habeas corpus, governor may suspend, 1478. Leases of lands in, for military pur- poses, 1292. Militia, election of oflScers, law not to apply, 1376. Militia laws of United States to apply, 1376. National Guard laws applicable to, 1321a. Nurse Corps, no additional pay for duty in, 771. I'osse comitatus, governor may summon, 1478. HAZING : at Military Academy. See Militarj/ Academy^. HEADQUARTERS : Army field clerks. See At^ny field clerks. Detail of clerks to War Department, for- bidden, 31, 362b. Employees, classification and pay, 362, 362a, 362b. Employees, employed and assigned by Secretary of War, 362d. Establishment, Secretary of War to di- rect, 364. HEADQUARTERS COMPANY: Field Aktillkuy — Increase, 1091h, Three battalion regiment, 1091d. Two battalion regiment, 1091c. Infantry, 3 097a. HEADQUARTERS TROOP: Cavalry, organization, 1074b. HEADS : of Bureaus. See Executive departments ; Bureaus. of Departments. See Executive depart- ments. HEALTH LAWS: State, to be observed by United States oflScers, 1462. HEAT AND LIGHT; See also Fuel. Commutation of, 668c. Furnished officers, limitations upon, 556. HIGH SCHOOLS. See Washington high schools. HIGH SEAS: Jurisdiction over offenses or seizures on, 300, 301. Property captured on, condemnation, 302. HODGES, H, F, : Promoted to brigaxlier general, 927b, 927e, 1022 INDEX. HODGES, H. P. — Continued, may retire, on application, 927j. Thanks of Congress tendered, 927a. HOLIDAYS : Annual leaves of employees not to in- clude, 52. in District of Columbia, days constitut- ing, 53. Labor Day made legal holiday, 56. Per diem employees to receive pay, 54, 55, HOMES FOR DISABLED VOLUNTEER SOLDIERS. See National Home for Dis- abled Volunteer Soldiers. HOMESTEADS : Acquired by soldier, how, 1270. Deduction for military service, 1271. Entry by agent of soldier, 1273. Military service equivalent to residence, 1272, 1272a. Widow or children entitled to patent, 1271. HONORABLE DISCHARGE. See Dis- charge. HONORABLE SERVICE ROLL : Establishment of, forbidden, 38. HONOR GRADUATES OP COLLEGES : Appointment, second lieutenants, 331d. HORSES : Allowance to Indian scouts who fur- nish, 334, 696. Allowance to regimental quartermasters, 554. Appropriations for, restrictions upon use, 541. Condemned, Issue to militia, 1364c. for Field Artillery, militia, numk>er and care, 1364a. Furnished officers below major, 637. Issues to militia, 1364b, 1364c. Open-market purchases of, 541, 542. Polo ponies for Military Academy, 542. Purchase,, after advertisement, 539, 540. Purchase, for issue to militia, 1364b. Purchase, from officers ordered abroad, 558. Purchase, limitation upon, 537, 5.38. Purchase of, and mules after advertise- ment, 1235. Purchase, regulations for, 541, 542. Purchase, transportation from place of, 561. Sale of, in Indian country. See Indian country. Shelter and shoeing of officers', 559, 560. Transportation of authorized number, 561. Transportation, excess over authorized, 527. HORSESHOER : Designated, 703. Medical Department, percentage, 766e. Pay. 695a. Pay, additional as, 698. Signal Corps, percentage, 89(tei. HORSE SHOWS: Expenses incident to, restrictions upon, 543. HORSE SHOWS— Continued. Officers, etc, may be directed to attend, 543, HOSPITAL ATTENDANTS : Gratuitous issue of clothing to, 572. HOSPITAL CORPS : See also Medical Department ; Enlisted men. Acting cooks, pay, 695. Ambulance companies, organization, 768. Companies of instruction, organization, 768. Composition, 756, 757. Comprises part of Medical Department, 728. Detachments, organization. 768. Enlisted men, pay, 763-765. Enlisted men, transfers to, from Army, 766, 1037. Enlisted men transferred to Medical De- partment, 756b. Field hospitals, organization, 768. •Hospitals. See Hospitals. Noncommissioned officers, rank and pay, 763-765. Nurse Corps. See Nurse Corps. Organization, 756, 757. Privates, detail as acting stewards, 767. Privates, number and duties, 766. Privates, rate of pay, 698. Sergeants, first class, pay, 695. Stewards. See Hospital stewards. HOSPITAL MATRONS : Employment of, authorized. 773. Entitled to one ration daily, 598. Pay and allowances, 774. HOSPITAL SERGEANT: Pay, 695a. Percentage, 766d. HOSPITAL STEWARDS: Acting, eligible for appointment. 767. Appointment, examinations for. 760. Appointment and number, 758, 759. Appointment, qualifications for, 761. Quarters for, constructed by contract, 550. Quarters for, constructed at posts desig- nated, 762. Quarters, Secretary of War to locate, 550. HOSPITALS^ See also Hospital Corps. Command of, by contract surgeons, 7.^9. Command of, by volunteer officers, 1393. Commutation of rations for patients, 6llb, 612. Matrons, See Hospital matrons. Nurses. See Nurse Corps. Panama Canal, care of officers and en- listed men, 776a, 776b. Private treatment of Army personnel in, 776, 776a, Sale of supplies, 775f. Stewards. See Hospital stewards. Supplies for sick in, what to include, 775. INDEX. 1023 HOTEL : fit Military Academy, disposition of re- ceipts, 1178. HOURS OF LABOR: iu Executive departments. See Execu- tive departments. for Laborers, etc. See Laborers. HOUSE OP REPRESENTATIVES. See Con(/ress. HOWITZER BATTERY. See Artillery; Field Artillery. HYCIIENIC LABORATORY : Surgeon General member advisory board, 781. ICE: for Enlisted men, where directed, 594. Sale of surplus, 521, 521a, 521b. ILLUSTRATIONS : Restrictions on number printed, 116. INCAPACITATED PERSONS : as Employees, payments to, forbidden, 39. INDEBTED TO UNITED STATES : Compensation not paid one, 693. INDIAN AGENTS : Compensation for extra services, 1398. Compensation for subagent, 1398. Detail of Army officer as, 1396, 1397. Issue of goods and money to Indians, 1399. Sale by, of live stock, 1401. Secretary of Interior to control, 940, 1397. INDIAN COUNTRY: See also Indian agents; Indian scouts; Indians. Aruests — of Indians by military force, 1412. of Persons unlawfully in, etc., 1410. Distilleries. See this title, Intoxicating liquors. Employment of Military Force — in Apprehension of persons unlawfully in, 1410. in Arrest of Indians charged with crime, 1412. Limit of period of detention of per- sons, 1411. in Preventing, etc., hostilities between tribes, 1412. in Removal of persons unlawfully in. 1409. in Removal of unauthorized settler, 1400. Intoxicating Liquors — Distilleries for making, setting up, penalty, 1407. Found concealed in, disposition, 1406. Introducing prohibited, penalty, 1403, 1404. Introduction may be authorized, 1403, 1404. Prosecution of Army personnel for in- troducing, 1408. Search for concealed, to be instituted, 1406. Wines for sacramental purposes, 1405. INDIAN COUNTRY— Continued. Prohibited Acts — See also this title. Intoxicating liquors. Cutting, etc., trees, 1311. Removing live stock without authority, 1402. Settling upon, making survey, 1400. INDIAN RESERVATIONS. See Indian country. INDIAN SCOUTS : See also Indian country. Enlistment in Regular Army, 334, Furnishing horses,, etc., additional pay, 3.34, 696. National defense act, effect on, 1106a. Part of Regular Army, 331a. Pay and organization, 696. Restrictions upon purchase of horses, 539, 540. INDIAN TRIBES: Preventing, etc., hostilities between, 1412. INDIAN WARS: Records of, disposition, 441. INDIANS : See also Indian country. Arrest of, by military force, 1412. Issuance of rations to, may be author- ized, 599. Issues of goods and money to, 1399. Permits to enter Texas, limitation, 1413. Permits to enter Texas, limitation, re- pealed, 1413a. Purchases from, in open market, 1240. Sale, etc., of liquors to. See Indian country. Sale of live stock for, 1401. INDUSTRIES : Essential to preparedness, mobilization of, 1605. INFANTRY : Assistant band leader, pay, 695a. Band leader, pay, 695a. Bands, composition and organization, 1099. Battalion, organization, 109.5b. Brigade, composition, 356a. Chaplains for each regiment, 902. Colonel, Porto Rico Infantry, detail, 345a. Colonels, additional, 9291. Colored, two regiments authorized, 1096. Companies, composition, etc., 1097, 1098, 1005b, 1097a-1097c. Companies, increase, 1098a. Details on regimental staffs, officers available, 1100. Division, composition, .356a. Enlisted men for companies, additional, 1098a. Headquarters company, composition, 1097a. Horseshoer, pay, 695a. Machine-gun company, composition, 1097b, Mechanic, pay, 695a. Mess sergeant, pay. 695a. Musician, pay, 695a. DCJUKCnOJEB : tXJTRlES TO GOTEKXMEST EMPU>T- tx iiUMW lit dsfiK, p»«a]fT for AiusKA BswnnxKnPG Cowifisnniiiac — AdHtelstratkMi «r art as to eaqiloFce* •r Alaska KaBraad, tmnierred to. of Alaaka BaBmad for pa ja a eat of Ala-Aa Eai;Saeeftes advaace faads f«r Tr»agfer rf a dirtah t ti atioa «r to «f act a« to E ag ta cg ri ag A]i»« eaqilojeM, Faaaan Cnal & BaOroad Cou p ajawa to to, MUL if dcatli rcaoNa, ^$3, to jmliK Mft, «aSxx. Aaaaal cattourtes tor Aaaaal leamiv atexpfratloa oi; Mb. Aaaaal report to Cai^reo*, ApprofMlalloa for aMjbi^B foad. A p p to p rfat ioa for flioB, facal year 1917, Appropciatioai, for ip«»- AarisaaMst to TFafted States of aafm for iajoiy t>f other ptr»oaa» Citoa* Aiwrfgaairat to rBit«!d Stotca of daiai for fajmr by oUmt p<&r»oBa, peaalty for Tfffaaail to auike, Mkw. AiHilCBaMat to Uatted States 7a. Naval Militia. See Naval Militia. Noncommissioned Officers— Additional sergeants for detail to, 1332a. Detail as instructors at rifle ranges, 553c. Number — Annual increase required, ].'>25e. Congressional representation, 1325e. Early organization of maximum al- lowed, 1325g. Naval Militia counted, 1322d. States with one Representative, 1325f, 1325h. NATIONAL GUARD— Continued. Oath — Enlisted men, form, 1344c. Enlisted men, required to take, 1344d. Officers, form, 134 4e. Officers, required to take, l.S44f. Officers — Appointment of Regular officers in, 1 332b. Appointment to Army, 331d. Appointment when drafted, 1339c, 1339k-1339n. Assignment to Militia Bureau, 1337b. Board to determine fltness, 1344k. (.'ontinuance of present commissions, 1344f. Detail as instructors at rifle ranges, 553c. Discharge for unfitness, 1334k, Eligible list, lS44h. Examinations required, 1344i. Oath. See this title. Oath. Pay. See this title. Pay. Qualifications, 1344h, Staff, bow appointed, 13301, 1330m. Surplus, attached to reserve, 13441. Training. See this title, Training. Transfer to reserve on own applica- tion, 13441. Vacancies in organizations drafted, fill- ing, 1344J. Organization — Ancient privileges, retention, 1327a- 1327c. Commanding officers of completed units, 1325J. in Higher units, 13251, Regulation by President, 1325a, 1325v. in Time of war, 356a, 357. of Units, 1325a. Part of Army, when, 329a. Pay — at Army service schools, 1334a-l 3.34c. at Army service schools, officers, lim- ited, 1334 b. Caretakers of horses, 13641, 1364n, Disbursements by Quartermaster Corps, 1330J, in I'^ncampments, 1328a, 1328d, 1330a. in Federal service, 1339d. in Federal service from enlistment, 1349a, at Instruction camps 1331f, 1331g. at Maneuvers, 1328a, 1328d, 1330a. Not in Federal service — Age, maximum, 13301. Aids-de-camp, 1330d. Chaplains, 1330d. Enlisted men, drills required, i:'.30f- 13301. Enlisted men, duty accepted in lieu of drills, 1330i. Enlisted men, parts of year, 1330h. Enlisted men. proportional compen- sation, 1330g. Enlisted men, rate, 1330e. Must be on active list, 13301. 92061°— 17- -66 1042 IN0EX. NATIONAL GUARD — Continued. Pay — Continued. Not in Federal service — Continued. Officers, rate, 1330b-1330d. Officers, service required, 1330c. Persons not entitled, 13301. Staff officers, appointment, 13301, 1330m. Staff officers, rate, 1330d. Stoppages, 1330k. at Target practice, 1328a, 1328d, 1330a. When paid, 1330j. Pensions, 1339e, 1339j. President to prescribe organizations, i:!25a, 1325V. Property. See this title, Arms. Property and Disbursing Officers — Duties, 1351d. Inspection of accounts, 1351f. Pay, 1351d. Regulations, 1351g. Travel expenses, 1351e, Purchases from Army supply depart- ments, conditions, 1354a, 1354b, 1366a. Reserve. See National Ouard Reserve. Rifle teams in national matches, 133lh, States — Debarred from benefits, when, 1351h. Location of units, 1325m. ' Other troops forbidden, 1325b. Police or constabulary authorized, 1325d. Use of National Guard, 1325c. Stations, mobilization, supply, and training, reports on needs, 1274c. Support of Families — Action of Secretary of War final, 1347b. Appropriation, 1347a, 1347e, Enlistments after call, 1347d. Family defined, 1347c. Marriage restrictions, etc., 1347c. Territories, 1321a. Training — See also Reserve Officers' Training Corps. at Army service schools, 13S4a. Aviation, appropriation, 1355d, Drills, minimum, attendance, 1331e. Drills, minimum number, 1331d. Drills, minimum period, 1331e. Encampments — Allotment for expenses, 1328a. Appropriations, 1328d, 1328f. Command by Army officers, 1328b. Corps with ancient privileges as- signed to higher units during, 1327c. Detail of instructors, 1328c. Regular Army participation, 1328a. Transportation rates, carriers may reduce, 1328e. ' When Army can not join, 1328f. Government employees, leaves of ab- sence, 1331a, 1331b. NATIONAL GUARD— Continued. Training — Continued. Instruction camps, 1331f, 1331g. at Military posts, 1334a. Tran sportation — Carriers may reduce rates for en- campments, 1328e. Discharged, dependent family, 1349b. Rifle teams, to national matches, 1331h. Uniform, wearing of specified, 1010b, 1010c. Use by States and Territories, 1325c. NATIONAL GUARD RESERVE: Composition, 1325o. Officers placed in, on application, 13441. Officers, surplus, attached to, 13441. Pay, in general, 1325q. Pay while in training, 1325p. Reserve BATTALrioNs — Composition, 1325r. Disabled persons attached, 1325u. Drafts to fill, 1325t. Officers, how procured, 1325u. Organization in higher units, 1325s. Transfers to organizations in field, 132ou. NATIONAL HOMES FOR DISABLED VOL- UNTEER SOLDIERS : See also Soldiers' Home. Insane of, disposition, 1526. Inspection by Inspector General, 463, 463i. Obsolete cannon may be furnished, IGO, 850. Receipts and disbursements, inspection, 463. NATIONAL MILITIA BOARD : Abolished, 1337a. NATIONAL MILITARY PARKS : See also Military posts; National parks. Camps for military instruction, 1297. Fields for joint maneuvers, 1296. Regulations for maneuvers upon, 1296. NATIONAL MONUMENTS : Landmarks, etc., may be declared, 1285. NATIONAL MUSEUM: Transportation of property for, 532. NATIONAL PARKS: See also National military parks. Detail of troops for protection, 1300, 1301. Rights of way over, revocation, 1282. NATIONAL QUARANTINE. See Quaran- tine. NATIONAL RIFLE MATCH : Rations to certain competitors, 611a. NATIVE ORGANIZATIONS : See also Philippine iiScouts; Porto Rico Regiment. Pay of enlisted men, limitation upon, 338. Pay of provisional officers, 338. NATURALIZATION : See also Citizenship. of Aliens honorably discharged from Army, 1064. INDEX. 1043 NATURALIZATION — Continued, of Aliens honorably discharged from Navy or Marine Corps, 1065. of Alien seamen on United States mer- chant vessels, 1066. NAVAL APPROPRIATION ACTS : Contracts under, eight-hour law to gov- ern, 1228, 1230. NAVAL DETACHMENTS : on Shore duty, equipage, rations, 304a, 304b, 517, 590. NAVAL FORCES : Property captured on inland waters, 1429, 1430. NAVAL MILITIA: Counted in required number of National Guard, 1322d. National defense act not applicable to, 1322c. Part of militia, 1322a. Uniform, permitted to wear, 1010b. NAVY : . Deceased ofllcers and men, accounts, 1060. Detachments on shore duty, equipage, etc., 517. Detachments on shore duty, rations, 304a, 304b, 590. Detail of officers to inspect transports, 306. Enlisted men, transfer to Navy from Army, 1036. Loan of sanitary equipment to Red Cross, 775b, 775c. Medical officers and enlisted men on shore duty subject to Articles of War, 305a. Officers, appointment in Corps of Engi- neers, 766a. Officers may purchase ordnance property, 843. Officers, purchase of subsistence, 588b. Officers, relative rank with Army, 352. Paymaster's clerks, 630. Purchase of Army stores by Navy per- sonnel, 588. Purchase of Quartermaster supplies by officers of, 588a. Sale of stores to Army personnel, 588. NAVY YARD : Entering to obtain unlawful information concerning, penalty, 18171-13171. NEGRO TROOPS. See Colored troops. NEUTRALITY : Acceptance of commission from belliger- ent, 1467. Arming vessels for belligerent power, 1469. Augmenting force of belligerent vessels, 1470. Clearance to vessel may be refused, 1469a. Employment of military force in enforc- ing, 1469g, 1472, 1472b. Enlisting in United States in belligerent army, 1468, 1474. Expulsion of armed vessel, 1473. Imports during foreign war, prohibition, 1469c. NEUTRALITY— Continued. Military expedition, starting in United States, penalty, 1471, 1472. I'roclamation against shipment of arms, 1475. Vessels departing without clearance, pen- alty, 1469b, 1469f, 1472a, 1472b. Vessels discriminating against American citizens, 1469d, 1469e. NEW MEXICO: Peonage abolished, 1455, 1456. NEWSPAPERS : See also Periodicala. Advertisements in. See Advertising. Expenditures for, by executive depart- ments, 76, 77. Subscriptions, certain, paid in advance, 520, 801, 1083a, 1178a. Subscriptions for Coast Artillery, 1083a. Subscriptions for Corps of Engineers, 801. Subscriptions for Military Academy, 1178a. Subscriptions from quartermaster funds, 520. NITRATE PLANTS: Acquisition of lands, 1623. Appropriation, 1626. Disposal of surplus, 1624. Government use of products, 1624, Hydroelectric sites, 1622. Investigation of processes, 1622. Officers and employees, 1625. Operation solely by Government, 1627. Panama Canal bonds, redemption, 1629. Panama Canal bonds, sale for funds, 1628. NOMINATIONS : List of confirmed, etc., to accounting officers, 11. NONCOMMISSIONED OFFICERS : See also Enlisted men. For a particular class of noncommissioned officers see the specific title. Additional, for details, 1332a, 1561. Detail. See Details. Pay, 695. Promotion to second lieutenant, 919. Reenlistment with rank of discharge, 1034a. Retired, detail at colleges, etc., 946. Retirement, after 30 years' service. 713, after. Retirement, details to schools, etc., 946. NURSE CORPS: See also Hospital Corps. Commutation of quarters, 66Sa, 668b. Composition, 769. Cumulative leave, 771, 772. Hospital matrons. See Hospital matrons. NUBSES Additional pay, limitation on, 771. Appointment by Surgeon General, 769. Burial in national cemeteries, 1309. Cumulative leave, 771. 772. Extra, employment of, 777. Number, 769. Pay, 771. 1044 INDEX, NI'RSE CORPS— Continued. NiKSKS — Continued. Qualifications, 769. Quarters, commutation, 668a, 668b. Rations, commutation, 6llb, 612. Rations in post or regimental hospitals, 598. Rations, while on leave of absence, 611. Removal, by Surgeon General, 769. Reserve nurses, assignment to duty, 769. Traveling expenses, allowance for, 7721. Organization, 769. Part of Medical Department, 728a. . Pay— Longevity pay, 771. of Superintendent and nurses, 769, 771. - S U r E K I X T K X DE X T Allowances, 770, 770a. Cumulative leave, 772. Pay, 769, 771. NT'RSES : See also \urse Corps. Rations, commutation, 611b. OATHS : of a particular officer, see the officer. See also Articles of War. Before vvliom may be taken, 6.3. of Cadets, Military Academy, form, 1150, to Clothing accounts, who may adminis- ter, 153. Employees not compensated for adminis- tering, 57, 58. Form of oath of office, 59, 60. by Investigating boards or officers, 64. Judge advocates to administer certain, 473. National Guard. See National Guard. of Office of employees, disposition, 61. of Office, who may administer, 62. in Postal Service before military officers, 250. Summary court officers may administer, 473. to Travel accounts, who may administer, 65. OBSERVERS : Additional pay for qualifying as, 699. of Foreign armies in field, expenses of, 673a. Number, not to be increased, 700. OFFICE: of a particular officer, see the officer. Conspiring to prevent person holding, 1445. Disqualification for holding, 130. Holding two offices prohibited, exception, 169, 990. Oath of. See Oaths. Officers accepting civil. See Officers, Army. Recess appointments, confirmation, 168. no Salary unless office exists, etc., 167. OFFICERS. See the officer or the service in tchich engaged. Army. S(o Officers, Army. and Employees, militia leave, 1331a, 1331b. Militia. See Militia. Prohibited holding two offices, excep- tion, 169, 169a, 169b, 990. Prohibited receiving two salaries in ex- cess of $2,000, exceptions, 169a, 16f)b. Recess appointments, 8. of Volunteers. See Volunteer Army. OFFICERS, ARMV: for a particular class of officers, see the specific title. Absence^ — in Confinement more than 3 mouths, 993. Intemperate habits or misconduct, 666. Leave, credit for volunteer service, 664. Leave, cumulative for 4 years, 662. Leave, in Philippines without return to United States, 665. Leave, while outside United States, when deemed to commence, 663. Sickness, wounds, etc., 661. Temporarily in field, right to quarters, 552. Without leave, dropped as deserter, 992, 993. Without leave, pay forfeited, 667. Additional — Colonels of Cavalry and Infantry, 929i. National defense act, effect on, 1106a. Part of Regular Army, 331a. Allo WA X CES — See also Pay of Army. Fuel, quarters and forage, 651a. Heat and light restricted, 556. Restx'icted to those provided, 651. Afpoixtmexts — by Commission in arm of service, 926. from Civil life, age, etc., 331d, 931a. Dismissal by court-martial disqualifies, 991. of Enlisted men after examination, 919-923, 331d. Examining board to determine fitness, ■ 921. of Honor graduates of colleges, 331 d. of Honorably discharged cadets, 1162d. from Military Academy, 918. of National Guard officers, age, cic, t 33 Id. of Noncommissioned officers, 919, 331 d. Order and method, 918. from Officers' Reserve Corps, age, etc., 331d. from Philippine Scouts' officers, 331d. Provisional, 918a. Qualifications, 918b. Qualifications, from civil life, 918, 331d. Qualifications, from enlisted men, 020, 331d. Recommlssion of former officers, 931a. to Staff Corps. See f^taff departments. INDEX, 1045 OFFICERS, ARMY— Continued. Assignments — See also Details, One regiment to another in all arms, 935. Badges. See Badges. Baggage — Lost in military service, 217, 217a. Brevet rank. See Brevet rank. Cadet service, credit for. See Pay of Army; Retirement, Army. Certificates — of Discharge, replacing lost, 1047. of Eligibility. See Certificates of eligi- Mlity. Citizens, qualified as, roster, 1573. Civil Office — Accepting or holding, vacates commis- sion, 995. Diplomatic or consular, acceptance of, 997. Frohibited being elected to, or holding, 960. Claims of — Accounting officers may remove stop- page, 641. Deductions from, for attorney's fees, 219. for Frivate property lost, etc., 217, 217a. Commissions — Delivery, 9. in National Guard, 1332b. Recorded and sealed, 925. to Show appointment in an arm, 926. in Volunteers before Officers' Reserve Corps, 1551. Commutation of quarters. See Quarters, Army. Court-martial — See also Courts-martiel. Exempted from trial by special, 13, A. W. Deceased — See also Articles of War. Expenses of interment, 1063. Payment to beneficiary, 1061, 1062. Settling accounts, method of, 1050, 1060. Detached. See Detached officers' list. Detached service. See Detached service. Details. See Details. DlSABILITIBS — Civil office. See this title, Civil office. Claims against United States, assist- ing prosecution, 430. Discharge — Evidence of honorable, to he returned, 214. Honorable, title and uniform, 1008. Saving clause, national-defense act, 331h. Dismissed — by Court-martial, reappointment, 991. OFFK^ERS, ARMY— Continued. Dismissed — Continued. may Demand trial by court-martial, 994. in Time of peace, only by courts- martial, 992. Duties. See this title, Potmrs and duties. Exam i nations — for Appointment. See this title. Ap- pointments. for Promotion. See this title. Promo- tions. Physical. Return to active duty, 958g. Forage. See Forage. Foreign decorations. See Foreign decora- tions. Fuel. See Fuel. General Officer of Line — Advanced for Panama service, 927k. Appointment in time of peace, 350c. Definition, 350a. Number, 3.50b. General Officer of Staff — Definition, 350a. Heat and light. See Heat and light. Indebted to United States — Pay may be withheld, 694. Medals of honor. See Medals of honor. Medical care — Employment of extra nurses, 777. in Private hospitals, 770. Mileage. See Mileage. Mounted — Additional pay to those who provide mounts, 637. Purchase of horses, ordered beyond seas, 558. Noncommissioned. See Noncommissioned officers. Number, increase by increments, 331b. Oath of office, 59, 60. Offenses — Claims against United States, accept- ing interest in, 430. Embezzlement of public money, 428, 94 A. W. Making false certificate. 429, 94 A. W. Patents — Granted without payment of fees, 863. Pay. See Pay of officers. Pensions. See Pensions. of Philippine Scouts. See Philippine Scouts. of Porto Rico Regiment. See Porto Rico Regiment. Powers and Duties — See also throughout this title. Beneficiary to be designated, 1061, 1062. Civil works, employment on, 906. Elections, interference, penalty, 1457- 1461. as Indian agents. 940, 1396-1399. Inspection of National Guard, 1356a, 1356b. 1046 II^^DEX. OFFICERS, ARMY— Continued. Powers and Duties — Continued. Postal Service, may administer oath, 250. Report death of grantor of allotment, 712. Returns, quarterly, of equipment, 573. Returns of Signal property, 901. Promotions — All below major to take examination, 930, 930a. of Appointees from civil life, 931, 932. of Appointees from volunteers, 931, 932. of Certain, for service with Panama Canal, 927b, 927e, 927h, 927i. Due to increased personnel, 331b. Equalization, additional colonels, 9291. Equa*lization by transfers, 935a. Examinations for majors and lieuten- ant colonels, 930b. Examinations, required of whom, 930a. Failure to pass examinations, effect, 930. Failure on reexamination, 930 of General officers, restriction, 972. Regimental, act to correct loss by, 929. Reorganization act, vacancies caused by, 1101, by Seniority in particular arm, 928. Seniority to govern in making, 927, 987. Subject to examination, 933. Temporary, 1332c-1332f, 1389. Quarters. See Quarters, Army. Rank — See also Rank, Army. Allowance for loss of files by increase in Army, etc., 931b. by Brevet. See Brevet rank. Commissioned service in Marine Corps considered in determining, 353a. I'recedence over drafted officers, 1339m, 1339n. Relative, of Army and Navy, 352. BLelative, of same grade, 353. Relative, reorganization act, not to change, 1102. of Resigned and discharged, 1008. Recommission of former officer, 931a. Regimental promotion. See this title, Proynotions. Reserve. See Oncers' Reserve Corps. Resigned — Title and uniform, 1008. Retirement. See Retirement, Army. Sales to — of Commissary stores, 405. of Naval stores, etc., 588. of Subsistence stores. See Stiisistence Department. Servants — Enlisted men not to act as, 1068. Quarters for, not allowed, 670. of Staff Corps. See Staif departments. OFFICERS, ARMY— Continued. Staff duty, appointment to, without cre- ating vacancy, 361. Supernumerary. See Supernumerary of- ficers. Thanks of Congress tendered certain, 927a. Tour of duty in Philippin Islands and Canal Zone, limit of, 330a. Transfers — See also Details. to Corps of Engineers, 786a. from Line to staff, rank in line, 934. One regiment to another in all arms, 935. One regiment to another, to equalize promotions, 935a. from Porto Rico Regiment, 345f. Transportation. See Transportation. Traveling expenses. See Travel. Uniform. See Uniform, Army. Vacancies — Caused by details to staff corps, how filled, 366a, 383. Caused by militia detail, how filled, 1333. Caused by national defense act, bow filled, 331b, 331d-331g. Caused by reorganization act, 1101. Caused by retirement, 987. in Second lieutenant's grade, how filled, 922, 331d, 918a. Temporary, 1389, 1332c-1332f. OFFICERS, MILITIA. See Militia. OFFICERS, NATIONAL GUARD. See National Guard. OFFICERS' RESERVE CORPS: APPOI NT M KNT Age limit, 1537. Age limit, staff officers, 1538. Colonels and lieutenant colonels, 1536. Grades, 1533. Graduates of colleges, prior, 1569. by President alone, 1533. Reappointment, 1542. Registered eligibles, 1535, 1536. from Reserve Officers' Training Corps, 1565. from Reserve Officers' Training Corps, postgraduates, 1566. Term, 1541, 1542. Army, appointment as second lieutenant in, 331d. Assignment to duty — with Enlisted Reserve Corps units, 1585. General conditions, 1532. for Instruction, 1548, 1549. as Temporary second lieutenant, 1570. in Time of war, 1544, 1572. in Volunteers, no priority over Army officers, 1551. Aviation Section — Pay in active service, 889cc. Colonels, 1536. Commission, term, 1541, 1542. INDEX. 1047 OFFICERS' RESERVE CORPS—Contd. Discharge, honorable, 1587. Field Artillery, war units, 1090b. Grades, proportion, 1534. INSTKUCTION Annual period, 1548. Annual period, extension, 1549. as Temporary second lieutenants, 1570. Lieutenant colonels, 1536. Medical Section — Duty in time of peace, 1540. Medical Reserve Corps, abolishment of, 1539. Medical Reserve Corps, officers, appoint- ment in, 1539. Organization, 1532. Part of Army of United States, 329a. Pay— for Instruction, 1548. as Temporary second lieutenant, 1570. in War, 1544. Pensions, 1546. Promotion in time of war, 1545. Rank — Active, among themselves, 1545. Active, in Army, 1544. Colonels and lieutenant colonels, 1536. Inactive, 1543. Retirement, not entitled to, 1546, 1571. Service in, not counted by Regular officer, 1552. Subject to Articles of War, when, 1547, 1572. " OFFICIAL BUSINESS " ; Borne on free mail matter, 252. OFFICIAL LETTERS. See Mail ma-tter. OFFICIAL REGISTER : Data as to salaries, etc., for, 111. Data for, furnished Director of Census. 105. OPEN MARKET: Army supplies, purchase in, 1198-1200. Executive departments, purchases in, 1196. Horses may be purchased in, 541, 542. Purchase of subsistence stores in, 589. I'urchases from Indians, in, 1240. OPINIONS : of Attorney General. See Attorney Gen- eral. of Heads of departments, 2. ORDNANCE : See also Ordnancfe Department. Ammunition. See Ammunition, Appropriations — See also Ordnance Department. Available two yeai-s, 831. Expenses of manufacture to be pro- rated, 861. Fieignt not to be paid from, on issues of, 848. Payment of pressing obligations from, 832. for Tests of gun carriages, 878. Cannon. See Cannon. Depots — Chief of Ordnance may establish, 825. ORr)NANCE— Continued. Exchange of unserviceable powder and shot, 837. Guns. See Cannon. Iron and Stebli — Board for testing. See Ordnance De- partment. Machine for testing, 866. Issues — See also Educational Institutions. Colleges and universities, 942, 950-955. 951a-951c, 953a, 954a-954d, 955a, 955b. of Condemned to patriotic organiza- tions, regulations, 849a, 849b. Freight not paid by Government, 848. Militia. See Militia. to National Guard. See National Guard. Obsolete to national homes, 850. Reserve Officers' Training Corps, 1662, 1663. Schools and rifle clubs, 954a, 954b, 1662, 1663. of Small-arms material to schools, 955, 955a, 1662, 1663. State soldiers' and sailors' orphans' homes, 951c, 954, 955. Washington high schools, 953a. Loans or Gifts — of Condemned to Grand Army of the Republic, etc., 849. Property. See this title generatty. Purchases — of Articles involving secret process, 829. for Exeeutice departments, reimburse- ment, 830. Returns — by Chief of Ordnance, 833. Semiannual by officers, etc., 834. Safe-keeping of — Regulations to be prescribed, 835. Sales — to American designers, 846. to American Red Cross, 844, of Armament for sentimental reasons, 845. of Cannon. See Cannon. to Civilian employees of Army, 844. to Cuba. 844a. to Educational institutions, 951a, 951b. 951c. or Exchange of unserviceable powder and shot, 837. to Executive departments, 842. of Obsolete to patriotic organizations, 839. to Officers of Navy and Marine Corps, 843. Proceeds available for replacing, 838, 846. of Unserviceable powder and shot, 837. Sergeants. See Ordnance Department; Enlisted personnel. Stores. iSce this title generally. 1048 INDEX. ORDNANCE BUREAU: Pay of principal assistant in, 817. ORDNANCE DEPARTMENT : Al'PUOPKIATlONS Available fox- payment of expenses of employees, 857a, 857b. Collections for damages credited to proper, 845. Cost of ordnance issued to militia credited to, 1358a. for Oi-dnance. See Ordnance. Armories and arsenals. See Armories and arsenals. •Artificers, detail of, 822. Board of Ordnance and Fortifications. See Ordnance and PortificationSj Board of. BoAUD FOR Testing Iron and Steel — Compensation, 867. Composition,. 866. Record of tests, publication, 869. Testing machines, 866. Tests for private parties, may make, 868, 869. Bureau, principal assistant, 817. Cannon. See Cannon. Civilian Employees — Allowance when traveling, 857a, 857b, Springfield Armory, salary, 857c. Clothing allowance for sergeants, 575. Composition, 809, 809a. Contracts — Reduced to writing in certain cases, 826. for Steel after advertisement, 827. Disbursing Officers — Payment of pressing obligations, 832. Draftsmen, employment of, 818. Employees — of Arsenals. See Armories and arse- nals. Office of storekeeper to lapse, 512. Enlisted Personnel — Composition and number, 821. Detail as artificers, 822. Extra-duty pay, not to receive, 562. Ordnance sergeants at each military post, 819. Ordnance sergeants, clothing allow- ance, 575. Ordnance sergeants, commutation of rations, 611. Ordnance sergeants, qualifications, 820. 820a. Ordnance sergeants, returns of ord- nance by, 834. Master armorer, Springfield Armory, compensation, 854a. Officers — Assigned to staff duty, rank and pay, 816. Commanding, to report bimonthly, 836. Detailed, Manchu law not applicable, 384, 813a, 937. Details of student officers, 813b. Detail, term, etc., 812, 812a, 813, 813a. ORDNANCE DEPARTMENT— Continued. Officehs — Continued. Examination for detail in, 814. Majors, detail of, irrespective of con- tinuous service in, 813a. Per diem expenses, at proving ground, 825b. Promotion of lieutenants, 386, 787. Promotions, according to seniority, 811. Promotions made after examination, 810. Quarters, brick house at proving ground, 825a. Rank from original detail, 815. Term of detail, 813. Vacancies filled by details, ^12-815, 936, 813a. Operation of munition plants in time of war, 1601. Ordnance, sale, etc. See Ordnance. Organization, 809. Part of Regular Army, 331a. Patents — to Officers without payment of fees, 863. PlRCHVSES^- of Articles involving secret process, 829. for Executive department, reimburse- ment, 830. of Material abroad, free of duty, 828. For I'hilippine Government, reim- bursement, 830. Sales of Ordnance, etc. See Ordnance. Sergeants. See this title. Enlisted per- sonnel. Time-measuring devices prohibited, 864a, 864b. ORDNANCE AND FORTIFICATIONS, BOAUD OF : Allowance to officer members, 877. Composition, 870-873. Duties, 870-875. Expenditures on tests, restriction, 876. Experimental guns, 878. Members not to be interested in inven- tions before, 874. Salary of civilian member, 873. ORGANIZED MILITIA. See Militia. OUTDOOR RELIEF: by Commissioners of Soldiers' Home, 1518. OUTSTANDING LIABILITIES : Certificates of Secretary of Treasury as to, 242. Drafts, etc., turned in to Treasury to credit of, 241. Payment of checks which have been turned in, 243. PACIFIC COAST: Quartermaster supplies on, advertisement necessary, 1205. PACKER: In office of the Chief of Staff, 3G2, 362a. PACKMASTER, 1091b. PAMPHLETS. See yeicspapers. INDEX. 1049- PANAMA : See also Panama Canal, Enlisted men, service in, counted doublo, 1041. Officers, detached service in, 937, 938^. Officers, detail under government of, 030. Pay, not increased for service in, 644. PANAMA CANAL : See also Panama; Canal Zone. Accounts of, examination, 200a. Alien labor, eiji?ht-hour law not appli- cable, 1225, 1226. BOXDS — Used for funds for nitrate plants, 1628. Used for funds for nitrate supply, re- demption, 1620. General officers of line advanced for service with, status, 927k. Offickks Kktibkd as Rkward — Transfer of certain, to active list, 958h-958k. Payments to, for care of Army sick, etc., 776a, 776b. Rewards to officers assisting in con- struction, 927a-027d. 027j. Tour of duty in Canal Zone, 330a. PAPERS : Useless, disposition, 132, 133. PARADES: Right of way to troops and militia in District of Columbia, 1466. PARDONS : See also Disciplinary BarracJcs; Militartf Prifion. Power to grant, vested in President, 2. PARENT : Discharge on account of dependent, 1044, 1044a. PAROLE : of Military prisoners authorized, 488b. PASSENGER-CARRYING VEHICLES : Exchange on purchase of new, 1261a. PATENTS : Basic, for manufacture or development of aircraft, 889ff-889hh. Important to defense, 1616. Members Ordnance and Fortifications Board not to be interested in any con- sidered by it, 874. to Officers without fee, when for United States, 863. Radiodynamic torpedo control. 1614. Suits against United States for infringe- ment, 299. PATRIOTIC SOCIETIES:. Donation of ordnance to, S49a, 849b. Sale of obsolete small arms, etc. to, 839. Unlawful wearing of badges, penalty, 1025. PAY : of .\rmy. See Pay of Army. Clerks. See Pay Department. of Employees of arsenals, 854. Military Academy. See Military Acad- emy. of Militia. See Militia. I\\Y~Continued. of Paymaster's clerks. See Pay Depart' ment. I'ersons not to receive more than one salary when total exceeds $2,000, ex- ceptions, 169a, 169b. PAY ACCOUNTS: See also Pay of ofpccrx. Assignment by officers, 647, 648. Assignment by surgeons permitted, 740. PAY OF ARMY: See also Pay Department. Advancement of I'av— at Distant stations, 649. to Troops about to embark, 650. Allowaxces — Clothing. See Clothing, Army. Forage. See Forage. Fuel. See Fuel. Mileage, See Mileage. to Officers, limited. 651. Quarters, See Quarters, Army. Rations, See Rations, Army. Subsistence. See Subsistence, Army. ArPBOPRIATION — Detained pay, repayment from, 727. Disbursed as one fund, 622, 689. Disbursed by quartermaster corps, 680. Arrears — Not to exceed two months, 62S. Enlisted men. See Pay of enlisted men. Hospital matrons. See Hospital matrons. Manner of Payment — in Advance. See this title, Advance-- ment of pay. Arrears not to exceed two months, 625. of Enlisted men, certain by check, 627. of Officers paid monthly, 674. Militia. See Militia. Noncommissioned officers. See 'Monconi- m issio n ed officers. Officers. See Pay of officers. Volunteers. See Volunteer Army. PAY CLERK. See Pay Department. PAY DEPARTMENT: Accounts — Analysis under heads of appropria- tions, 623. Examination by Paymaster General, 623. Assistant Paymasters General. See Pay- ma-^ ter General. Clerks, Pay — Actual expenses only for sea travel, 682. Appointment authorized, 629. Appointments of, discontinued, 633. Assignment to duty with Paymaster General, 623. Commissary sergeants to act as, 498. Commutation of quarters, 668a, 668b. Designation changed, 496. Enlisted men as, 629. Mileage, rates of, 631. Pay, 49.5a. 629. 630. Rank and pay of first lieutenant, 032a. 1050 INDEX. PAY DEPARTMENT — Continued. Clerks, Pay — Continued. Itank and pay of second lieutenants, 495a. Retirement, age of, etc., 630, 632. Subject to Articles of War, 634. Composition, 613. Consolidation — into Quartermaster Corps, 495. Deputy Paymasters General. See Pay- master Oeneral. Officers — Bond, amount and condition, 387. Bond, may be increased, 388. Command, rank gives no riglit to, 624. Promotions according to seniority, 616. Vacancies, how filled, 617, 618, 936. Organization, 613. Paymasters. See Paymasters, Army. Paymaster General. See Paymaster Oen- eral. PAY OF ENLISTED MEN : for pay of a particular class of enlisted men, see the specific title. See also Pay of Army. Accounts closed on furlough to reserve, lOSle. Additional Pat — See also this title. Extra duty pay, for Certificates of merit, rate, 719. Increase for reenlistment, 1034. Increases in time of war, 705. for Service outside United States, re- strictions, 642-644. Advancement of Pay — at Distant stations, 649. to Troops about to embark, 650. Allotment of Pay — to Families permitted, regulations, 711. 712. Assignment before discharge, invalid, 726. During captivity, 720. Continuous service. See this title, Serv- ice pay. Deductions — See also this title, Stoppages. for Absence due to intemperance, etc., 666. for Absence without leave, 448. Amounts due traders, etc., at recruit depots, 723. for Damages to arms, etc., 690. for Soldiers' Home fund discontiuned, 722. Subsistence stores, amounts due, 725. Tobacco, amount due for, 724. Unauthorized absence on 31st, 626. Deposits of pay. See Enlisted men. Detained Pay — during Execution of suspended sen- tence to dishonorable discharge, 727a, 1507a. by Sentence of court-martial, repay- ment, 727. Extra Duty Pay — Prohibited if receiving increased pay, 564, 568. PAY OF ENLISTED MEN— Continued. Extra Duty Pay — Continued. Prohibited in time of war, exception, 567, 705. Rates of, 562, 563. Increased. See this title. Additional pay, Man NEB OF Payment — in Advance. See this title. Advance- ment of pay. by Checks at risk of United States, 627. National defense act, effect, 702a. Rates — for Ordinary service, 695, 095a, 698. Retained pay abolished, 707, Retired pay. See Retirement, Army. Saving' clause, 702. Savings. See Enlisted men. Service Pay — Credit for service in Philippine Scouts, 710. Credit for service in Volunteers, 709. Enlistment period, three years, 1031d. Rate, when paid, etc., 708. Stoppages — See also this title. Deductions. Desertion, removal of charge. See Desertion. by Sentence of court-martial, repay- ment, 727. Travel pay on discharge, 721. during Suspended sentence of dishon- orable discharge, 727a. beyond United States — Rate, restrictions, 642-645. War Pay — Increase of 20 per cent, 705. PAY OF OFFICERS: for pay of a particular class of officers, see the specific title; see also Pay of Army. Additional Pay — Brevet rank does not give, 638. for Exercising higher command, re- strictions, 639, 640. for Foreign service, 642—645. below Major, who furnish mounts, 637. for Service outside United States, re- strictions, 642-644. Advancement at distant stations, 649. Appointed during Civil War, though not mustered in, 455, 455a. Assignment authorized, 647, 648. Deductions. See also this title, Stop- pages. for Absence due to intemperance, 666. for Absence without leave, 661. for Damage to arms, etc., 690, 691. Indebtedness to United States, 694. for Subsistence stores purchased, 692. Forfeiture. See this title. Stoppages. Increased. See this title. Additional pay. Longevity Pay — below Brigadier general, rate, 652. no Credit for cadet service, 057. Credit for service in Navy, 656. INDEX. 1051 PAY OF OFFICERS— Continued. LONCrEviTY Pay — Continued. Credit for volunteer service, 655. Limitation upon amount of, 653. Retired officers not to receive, excep- tion, 659. Manner of Payment — in Advance at distant stations, 649, Monthly by paymasters, 674. Maximum amount for certain, 654. Rates — for Different grades, fixed, 635. Repayment to United States — for Defect in title to office, etc., 457. Retired pay. See Retirement, Army. Saving clause, 702. Service pay. See this title, Longevity pay. Stoppages — See also this title. Deductions. Forfeiture by unauthorized absence, 667. Removal by accounting officers, 641. for Unauthorized absence on 31st, 626. Beyond United States — Rate, restrictions, 642-645. War Pay — When officer holds higher command, 639. PAYMASTER GENERAL: See also Pay Depcurtment. Deputy paymasters general, duties, 620, Duties, under direction of President, 619. Paymasters. See Paymasters, Army. Paymaster's accounts, to examine, 'etc., 623. Paymaster's clerks, duty in office of, 623. Table of distances to be prepared by, 676. PAYMASTERS, ARMY : See also Pay DeiJartment. Accounts, See Pay Department. Additional paymasters, appointment, 614. Additional paymasters, duties, 621. Additional paymasters, term of service, 615, Bond, President may regulate and in- crease, 185. Claims of, for relief, before Court of Claims, 277. Clerks. See Pa^ Department. Duties, 621. Losses by, without fault, decrees in cases of, 280. PENALTY ENVELOPES. See Envelopes. PENITENTIARIES : See also Articles of War. Manufacture of Government articles by prisoners, 822a. Officers in confinement in, dropped, 993. Sentences to confinement in, authorized, 475c. PENSION ROLL: Civil, establishment of. forbidden, 38. PENSIONS : Army — I'ersons entitled, restriction, 1482, 1493. PENSIONS— Continued. Assignment — by Inmates of Soldiers' Home, 1520. Beneficiaries. See this title. Persons en- titled to receive. Children's Pensions — Increase for eacli child under IG, 1497. Not reduced, 1498a. Rate increased, 1498. Under 16 years of age, entitled, 1496. Civil War — See also throughout this title. Deserters restored, entitled to pension, 446. Claims — Absence on sick leave, how regarded, 1494. Dependent relatives entitled, 1500. Disabilities — Arm or leg, loss of, 1488. Contracted in line of duty, 1483. Foot or hand, loss of, 1489. Hand and foot, loss of, 1487, Hand or foot, loss of, 1489. Leg or arm, loss of, 1488. Permanent, specific, 1486, Requiring constant attendance, 1490. Requiring frequent attendance, 1491. Payment — to Soldiei's' Homes of inmates' pen- sions, 1520. Persons Entitled to Recbivh — Children. See this title, Children's pen- sions. Dependent relatives, 1500. Deserters, after removal of charge, 446, 451. Enlisted Reserve Corps, 1589. Enumerated, 1481-1483. Medical Reserve officers, restrictions, 748. Militia personnel, disability in actual service, 1348. National Guard, 1339e, 1339J. Officers' Reserve Corps, 1546, 1571. Period of service, 1495. Regular Army Reserve, 1031m, Temporary second lieutenants, 1571. Volunteers, same status as Regulars, 1394. Widows. See this title, Widous' pen- sion fi. Rates — See also this title, Disabilities. According to rank, 1484, 1485. for Disability requiring attendance, 1490, 1491. Division of $18 rate, 1492. for I'ermanent specific disabilities, 1486. Remarriage — of Widow, etc., not to bar right of, 1501. Soldiers' Homes — Assignment, etc., of inmates' pensions, 1520. 1052 INDEX. PENSIONS— Continued. Widows^ Pensions — Addition for each child undei* 16, 1497. Child on remarriage, 1498c. Commencement at death of husband, 3 496. Dropped for remarriage, reinstatement if again a widow, 1498b. Extended to those dropped for remar- riage, 1498d. Marriage, restrictions as to time, 1499. Not reduced, 1498a. Kate, etc., 1496. Rate at age of 70 years, 1498a. Rate if married prior to June 27, 1905, 1498e. Rate increased, 1498, 1498a. Reinstated, commencement, 1498b. Remarriage not to bar right of. 1501. Restrictions on fees to attorneys, 1498g. Where pension has been granted to child, 1498f. PEONAGE : Abolished in New Mexico, 1455, 1456. PER DIEM ALLOWANCE : for Civilian employees. Ordnance Depart- ment, traveling, 857a, 857b. Engineer Department, traveling, 80Sa. of Inspectors of Panama Canal accounts, 200a. for Members Ordnance Board, 877. Officers not occupying quarters at prov- ing ground, 825b. to Receive pay for holidays, 54-56. PERIODICALS : See also Nevspapera. Subscriptions, payment in advance, 77a. PERMITS : for Examination of ruins, etc., 1286, 1287. PERSONAL INJURIES : to Laborers, artisans, etc. See Injuries to Government employees; Laborers. PERSONAL PROPERTY. See Ptillic propertij. PERSONAL SERVICES. See Executive departments. PETITION : to Congress, by employees permitted, 42. to Court of Claims. See Court of Claims. PHILIPPINE CONSTABULARY : See also Philippine Islands. Chief and assistants, detail of, 384, 941. Chief and assistants, detail not covered by detached-service law, 987. Chief and assistants, rank and pay, 941. Philippine Scouts may assist, 340. PHILIPPINE ISLANDS : See also Philippine Constabulary ; Philip- pine Scouts. Appointments from, to Military Acad- emy, 1143, 1143a. Banks in, designation as United States depositaries, 182. . Contract surgeons in, assignment of pav. 740. PHILIPPINE ISLANDS— Continued. Discrimination against uniform, penaltv, 1010. Employees detailed in, pay, 362b. Enlisted service in, counted double, 1040, 1041. Insane Filipino soldiers, treatment of, 1527. Leave of absence in, commencement, etc, 665. National defense secrets, courts in, given jurisdiction over offenses in connection with, 13173. Service on transports, pay for foreign service, 645. Shelter of troops in, reports of expendi- tures, 548. Tour of duty of officers in, 330a. Transfer of stores to Government, 417. PHILIPPINE SCOUTS : See also Philippine Islands. Appointment of officers to vacancies in grade of second lieutenant, 331d, . Captain of, creation of office, etc., 339. Captain of, limitation of number, etc., 339. Commissioned service in, by enlisted mm. See Pay of enlisted men; Retirement, Army\. Enlisted men, pay and allowances, 338. Enlistment of native troops authorized, 335. Excepted from limitation on tour of duty, 330a. Excluded from total, strength of line, 332e. Insane, care and treatment of, 1527. Lieutenants, natives may be appointed, 337. National-defense act, effect on, 1106a. Officers, appointment, second lieutenants, 331d. Officers, provisional, pay, 338. Officers, selection for command, 336. Retirement — Captains and lieutenants, 339a. Double time for foreign service not .counted, 339b. Former officers, 339c, 339d. Not part of limited retired list, 339d. Schaaf, Bernard A., 339e. may Serve under constabulary officers, 340. PHOTOGRAPH : Unlawful, penalty for making, etc., 13171-13171. PHYSICAL EXAMINATION: National Guard — Muster in, 1339f. Muster out, 1339g. PHYSICIANS : Employment of civilian, 779. PHYSIOLOGY AND HYGIENE : Study of, at Military Academy, 1161. PISTOLS : Automatic, distribution to Militia, 1370. INDEX. 1053 PLANTS : for Manufacture of arms. See Munitions plants. PLEDGE: Receiving public property as, penalty, 220. PLOTTERS : Additional pay for qualifying, COO, Authorized number not to be increased, 700. POLITICAL CONTRIBUTIONS : Soliciting by officers prohibited, 172-170. POLO PONIES: Purchase of, for Military Academy, 542. PORT OF ENTRY: During insurrections. See Insurrections. PORTO RICO: See also Porto Rico Reu'iment. Banks in, designation as United States depositories, 182. Citizens of, appointed to Military Academy, 1142. Citizens of, may enlist in Army, 349. Citizens of, may be second lieutenants in I'orto Rico Regiment, 342, 347. Discrimination against uniform, penalty, 1010. Enlisted service in, counted double, 1040, 1041. Enlisted men, service in, pay, 644. National Guard, 1321a. Surgeons in, assignment of pay, 740. PORTO RICO REGIMENT : Captains, recommissioned in Regular Army, 346a-346c. Colonel, 345a. Commanding officer, detail, 384. Creation, 841. Designation changed, 344. Detached-service law does not cover duty with, 937. Enlisted men, citizenship, 343a. Enlisted men, pay and allowances, 341, 342, 343a. Enlistment, term of, 341-343, 343a. Field officers, appointment and number, 345, 345a, 345b, 348a. Officeks — Appointment, 341, 347a. Detail, transfer, etc., 345b. Grades of lieutenant colonel and cap- tain, how filled, 345b. Pay and allowances, 341, 343a, 348. Promotion, limitation, 342. I'romotions, by seniority, 348, 348a. Rank, who held commissions in Pro- visional Regiment, 346d. Recommission, 346, 346a. Retirement, 348. Organization, 341a. Service ontside island of Porto Rico, 343a. 349. Vacancies in grade of second lieutenant, how filled, 342, 347, 347a. PORTS : Closed during insurrection. See Insur- rection. POSSE COMITATUS: Army not to be used as, exceptions, 1477, 1480. Civil rights cases, aid of proces.s, 1440. in Hawaii, governor may summon, 1478. POSTAGE STAMPS : See also Mail matter. Official use, Postmaster General to fur- nish, 126. POSTAL GUIDE, OFFICIAL: Supply for executive departments, 1236c. POSTAL SERVICE: Persons in, to take oath, before whom, 249, 250. POST BAKERIES: Purchase of equipment for. 1237. POST CHAPLAINS. See riiaplains. POST COMMISSARY SERGEANTS. See Commissiary sergeants. POST EXCHANGES : Public buildings, when may be used for, 1294. Public funds not to be expended upon, 1294. Public transportation may be furnished, 1294. Sale of intoxicating liquor in, prohibited, 1295. POST GARDENS : Public moneys not to be expended upon, 518. POSTMASTER GENERAL : to I'^irnish postage stamps for official use, 126. Oath of office, before whom may be taken, 249, 250. POSTMASTERS : Premium for securing recruits. 1032a. POST NONCOMMISSIONED STAFF OF- FICERS: Part of Regular Army. 331a. POST OFFICES: at Military posts, 1294a. POST ORDNANCE SERGEANTS: See also Ordnance sergeants. Pay, 695. POST QUARTERMASTER SERGEANTS. See Quartermaster sergeants. POSTS. See Military posts. POST SCHOOLS: Purchase of equipment for. 1237. POST TRADERS, 723. POWDER. Sale or exchange of unservice- able, 837. POWERS OP ATTORNEY : to Receive payment of claims, 240. PRACTICE MARCHES: of Militia. See Militia. PREMIUMS : for Accepted recruits. 1032, 1032a. on Bonds, maximum rate, etc., 393. on Sales of Treasury notes, accounting for, 402. PRESIDENT OF THE UNITED STATES: for other matters over which the Presi- dent has less direct control, sec the specific title. 1054 INDEX. PRESIDENT OF THE UNITED STATES— Continued. Appoi ntments of Chaplains, 902-904. of Commanding general, District of Columbia Militia, 1372. at Military Academy, 1108, 1108a. of Officers after adjournment of Sen- ate, 9. in Officers' Reserve Corps, 1533. Power to make, 7. of Volunteer officers, 1386. Without consent of Senate, 10. Akmy — See also throughout this title. Commander in Chief, 2. Commissioned to be signed by, 925. Contemptuous or disrespectful words concerning, 62 A. W. Enlisted strength of line, 1105. Medals of honor, 1013. Paymasters, etc., may increase bonds, 185. Prescribe new organizations, 356a. Punishments, limit of, prescribed, 45 A. W. during Recess of Congress, 8. Regulations, publication of, 324. Retiring boards, review of proceedings, 980. Sale of military stores, 1261. Transportation of troops, preference to, 525. Uniform and clothing issues pre- scribed, 571. Enlisted men — Certificates of merit for, 1018. Citizenship, may remit loss of rights, 1052. Executive departments — to Designate acting chiefs of bureaus, 146. Designate acting heads, 15. Executive office — Detail of clerks to, from executive departments, 12, 12a. Insurrections. See Insurrection, Marine corps — Shore duty, 304. Military reservations. See, this title, Puhlio lands. Militia — Appointments. See, this title, Ap- pointments. Apportionment to States, 1341. Commander in Chief of District of Columbia, 1371. Enlisted strength of company, troop, etc., 1326. Use of, to suppress domestic violence, 1418. National Guard — Authorized to draft into service, 1339h-1339n. Disbandment forbidden without con- sent of, 1325n. Prescribe organization, 1325a, 1325v. PRESIDENT OF THE UNITED STATES— Continued. Neutrality, enforcement of. See Neu- trality. Office. See this title, White House. Officers — Brevets. See Brevet rank. Dismissed by, right to trial, 994. Engineers, duty outside profession, 789. Examination prescribed by, 930. Retirement, at discretion of President, 963. Pay of Army — Advance to persons at distant sta- tions, 649. Powers and duties — See also throughout this title. Buildings erected, consent of States, 1275. Civil Service, regulations for admis- sion, 163. Extradited persons, protection of, 1476. Foreign intercourse fund, payments ^ from, 190. Lands held in trust, obtain release, 1279. Naval officers to inspect Army trans- ports, 306. Opinions of department heads, may re- quire, 2. Pardons, 2. Transfer officers from retired to ac- tive list, 958a, 958d. Treaties, 7. Proclamation — Calling for volunteers, 1384. of Neutrality, penalty for violation, 1475. Public lands — Military reservations, disposition of useless, 1281. Reservation of parcels of land, 1285. Unlawful inclosures, removal, 1318. Rations — Issuance to Indians at posts, 599. Substitute equivalent, 593. Succession to Presidency — Eligibility rules same as for election, 6. Order of, 5. of Vice President, 4. Term of officbi — Commencement, 3. Four years, 1. Threats against — Penalty for making, la. War — Transportation of troops, preference to, 525, 525a, 525b. White House — Chief of telegraph at, 881. Detail of clerks to duty in, 12, 12a. Military storekeeper, retention of, 513. Volunteer forces — Officers, appointment, 1386. INDEX. 1055 PRESIDENT OF THE UNITED STATES— Continued. Volunteer forces — Continued. Organization into brigades, etc., 1385. Proclamation calling for, 1384. PRINCIPAL MUSICIAN. Pay, 701. PRINCIPALS : on Bonds, duration of liability, 396. PRINTING AND BINDING : Appropriations for, availability, 115. Cost, in Court of Claims, losing party to pay, 289. Estimates for, information to accom- pany, 115. for Executive departments. See Execu- tive departments. Joint Committee on, continuance, va- cancies, etc., 114a. for Quartermaster's Department, 1286, 1236a, 1236b. PRIORITY : of Surety on bonds, 223. of United States, 221, 222. PRISONERS: See also Articles of War. at Disciplinary barracks. See Discip- Unary harracks. Manufacture of Government articles by, 822a. at Military prison. See Military prison. of War, medical care, 776. of War, pay while held, 720. PRISONS: See also Disciplinary barracks. Military prison. See Military prison. Officers in confinement dropped, 993. PRIVATE MUNITIONS PLANTS. See Munitions plants. PRIVATE PROPERTY. See Property. PRIVATES : of particular organizations, see the specific title. See also Enlisted men. Pay, for different arms of service, 698. Pay, in staff departments. 698. PRIVATES. FIRST-CLASS : Medical Department, percentage, 766f. Pay. 695a. Signal Corps, percentage, 890a. PRIZES : Captured from insurgents, condemna- tion, 1428. Defrauding United States of captured, penalty, 1267. to Graduates of school for bakers and cooks, 1188. PROCEEDS OF SALES. See Sales. PROCLAMATION OF PRESIDENT. See President of the United States. PROFESSORS : at Military Academy. See Military Acadenyy. PROMOTIONS, ARMY: 0/ a particular class 0(( officers or en- listed men. See the specific title. Enlisted Men — to Second lieutenants, provisions for, 919-921, 331d, 331f. PROMOTIONS, ARMY— Continued. Officers — in a particular corps or department. See the specific title. Line. See Officers, Army. Staff departments. See Staff depart- ments. PROPERTY : See also Articles of War ; Public property. Captured on high seas, jurisdiction over, 302. » Civil rights with respect to, 1443. Claims settled by Auditor for War De- partment on recommendation of Sec- retary of War, 162a. Confiscation of. See Insurrection. Damage to, from gunfire, etc., claims for, 162. Destruction. See Artidtes of War. During insurrection. See Insurrection. Lost in military service, claims for, 217, 217a. Returns, Signal Corps, 901a. PROVING GROUND: Brick house on, not " public quarters," 825a. Per diem expenses of officers, 825h. PROVISIONAL REGIMENT: in Porto Rico. See Porto Rico regiment. PUBLIC ANIMALS. See Horses. PUBLICATIONS : Distribution by Public Printer, 85. PUBLIC BUILDINGS: for a particular building, see the specific title. See also Buildings. Appropriation — Cost of construction not to exceed, 1191, 1192. for Sites, cost not to exceed, 1193. Unexpended balances available, 192. Construction — Cost not to exceed appropriation, 1191. Limit of cost, at posts, without ap- proval, 546. by Quartermaster's Department by contract, 546, 515a. Contracts — After advertising in Quartermaster Department, 546. Appropriations. See this' title, Ap- propriations. Bonds, to cover labor and material, 1217. Bonds, suits for labor and material on, 1217. Eight-hour law to be observed, 1219. Separate for twb or more, 1209. Draping in mourning prohibited, 122. Estimates — Plans to accompany, 97. for Post exchanges, 518. Preference to American material, 1234. Repair and construction under Quarter- master Corps, 515a, 1056 IInTDEX. PUBLIC BUILDING S— Continued. Sites — Cost not to exceed appropriation, 1193. Title papers to Attorney General, 1290. Title to be approved bj^ Attorney General, 1290. PUBLIC BUSINESS: Condition of, in Book of Estimates, 102. in Executive departments, report of, 108. Extension of hours of labor when in arrears, 49. Monthly report as to condition, 49. PUBLIC DOCUMENTS. See Documents. PUBLIC FUNDS: See also Public moneys. Militia officers furnished, for coCFee, etc., 1350. PUBLIC IMPROVEMENTS. See PuMic huUdinfis. PUBLIC LANDS : See also PiiMic property; Donation of lands. Conveyed to individuals for use of United States, 1278. Homesteads on. See Homesteads. Inclosures. destroying or invading, 1314. Leasing of certain authorized, 1279. Military reservations. See Military/ reserrations. Monuments of surveys, molesting, 1313. I*urchases of, must be authorized, 1274. Kemoving unlawful inclosures, 1318. in Reservations not subject to preemp- tion, 1268. Rights of way across, forfeited, when, 1283. Rights of way, granting. 1282, 1283. Rights of way, revocation, 1282. Trees on, penalty for chipping, etc.. 1312. Trees on, penalty for cutting, 1311, 1313. PUBLIC MONEYS: See also Public property. Accounting. See Accounting officers; Accounting of public money. Accounts, failure to render, 421. Advance, certificate to requisitions, 237. Advances forbidden, exceptions, 407. Bankers receiving on deposit, etc., pen- alty, 427. Conversion of, 419, 420, 426. Delinquent custodian, distress warrant, 224. Depositories. See Depositories of puh- Uc money. Deposits, failure to make, 422. Disbursement. See Disbursement of pub- lic money. Disbursing officers. See Disbursing offi- cers. Drawn only in accordance with appro- priations, 186. Duties of fiscal agents, 185. Embezzlement, 419, 420, 428, 1263. Embezzlement, evidence of, at trial, 424. PUBLIC MONEYS-^Continued. Embezzlement, refxisal to pay draft evi- dence, 425. Exchange of funds, restrictions, 401. Fraudulent receipts or vouchers, 426. Gross amount received paid into Treas- ury, 403. Penal provisions, to whom applicable, 423. Premiums received on sale of notes, etc., 402. Requisitions for advances, disapproved, when, 196. Warrants, requirements, 237. PUBLIC PARKS: Sale of obsolete cannon, etc., to, 840. PUBLIC PRINTER: See also Printing and binding. Distributing material, etc., transferred to, 85. Estimates by, to departments, 114. Forms, etc., furnished departments, 112. Publications to be distributed by, 85. Report of departments, date furnished, 106, 106a. PUBLIC PROPERTY : for property of a particular department or office, see the specific title. See also Public lands. Disposal op — See also this title. Sales; Educational institutions ; Ordn ance. Congress empowered to make, 1255. of Damaged or unsuitable, 1261. by Soldiers prohibited, 1262. Exchange. See the specific title. Inventory. See this title. Returns. Issues — See also Educational institutions; Xa- tional Guard training. See also this title. Sales. of Arms, etc., to departments, 847. Lease of certain, 1279. Loan of tents, restrictions, 1259b. Loss OF — Affidavit of commanding officer, 1260. Affidavit of company commander, 1260. Certificates forwarded accounting offi- cer, 1257. Charge certified to accounting officer, 1256. Officer may relieve himself af liability, 1258. Regulations by heads of departments, 1259. Offenses — Embezzlement, penalty, 1263, 1264, 94 A. W. Theft, penalty, 1263, 1264, 94 A. W. Receiving stolen property, penalty, 1266. Robbery, penalty, 1265. Returns — to Accounting officers discontinued, 12.56. of Colors, volunteer regiments mus- tered out, 149a. INDEX. 1057 PTBLIC PROPERTY— Continued. Returns — Continued. Failure to make, penalty, 110. by Heads of departments, 109. New method prescribed, 1256-1259. Sales — See also this title, Disposal of; Edu- cational institutions ; Ordnance, Expenses of, paid from proceeds, 40G. to Philippine Government, proceeds, 417. Proceeds, annual statement of, 101. I'roceeds from, disposition, 403, 404. Statutes at Large — Preserved as, 323. Transfer of certain to other bureaus and departments, 604, 842, 847, 417a. Transportation — by Quartermaster's Department, 532. PUBLIC RECORDS. See Records. PUBLIC WORKS: See also Public huildings. Bids, separate proposals for two or more, 1209. Construction and repair, supervision by officers of Quartermaster Corps, 515a. Eight-hour law to be observed, 1219. Estimates to be accompanied by plans, 97. Preference to American material, 1234. Rivers and harbors. See River and har- bor works. PUNISHMENTS : For a particular offense, see the specific title. See also Articles of War. by Courts-martial. See Courts-martial. liimit of, for Army, prescribed by Presi- dent, 45 A. W. of Military convicts. See Military prison. PURCHASES : of a particular article or class of ar- ticles, see the specific title. from Contingent funds. See Contingent funds. of Discharge. See Discharge. PURCHASING OFFICERS : Funds may be kept in personal posses- sion, 592. Trading in subsistence stores prohibited, 591. QUARANTINE : Epidemic. See Contagious diseases. State health laws to be observed, 1462. Stations under the Secretary of the Treasury, 1463. Vessels entering, etc., against regula- tions, 1464. QUARTERMASTER AND COMMISSARY OF CADETS: at Military Academy. See Military Academy. QUARTERMASTER CORPS : See also Pay Department; Quarter- master" s Department; Subsistence De- partment. QUARTERMASTER CORPS— Continued. Appointments — by Detail, how made, 495. Appropriations — Available for purchase of reserve sup- plies, 616a. Expenditures for subscriptions in ad- vance, 520. Pay of Army disbursed by officers of, 689. Printing, restrictions, 1236, 1236a, 1236b. for " Supplies, services, and transpor- tation " created, 689a, 689b. Brigadier General — Permanent vacancy, to cease and de- termine, 502. Chief. See Chief of Quartermaster Corps; Quartermaster Oeneral. Civilian Employees— Authorized to enlist in, 505. Certain, replaced by enlisted men, 505. Field clerks, 033a. Pay clerks, rank, etc., 629, 630, 495a, 632a. Restrictions upon salary and number, 570, 570a. Commissary sergeants. See Commissary sergeants. Composition, 495a. Contracts — Certain, reduced 1o writing, 1211a. Creation, 495. Duties — Construction and repair, 515a. Dusbursement of Army pay appropri- ation, 689. Disbursement of pay to National Guard, 1330J. Disbursement of various appropria- tions, 689a. Enumerated, 500. Enlisted Men — Authorization, to replace civilian em- ployees, 505. Composition and number, 505, 506, 506b. Composition and pay, 506a. Excluded from line of Army, 332c. Establishment, 495, Field clerks, 633a. Master electricians, title changed, 514b. Military storekeeper, grade revived, 513a. Officers — Brigadier generals, decrease of one, 502. Composition, 497. Details of, how made, 495. Duties. See this title. Duties. First lieutenant appointment of pay clerk, 632a. to Form one list for filling vacancies, 495. Number of, from captains to colonels, 497. Regimental commissaries, etc., to per- form duties, 498. 92061°— 17 -67 1058 IKDEX. QUARTERMASTER CORPS — Continued. Officers — Continued. Second lieutenants, appointment of pay clerlis, 49r)a. Six captains promoted to major, 496. Storelieeper revived for appointment of Chas. P. Daly, 513a. "Vacancies, how filled, 495, 497. Fart of Regular Army, 331a. Pay clerks. See Pay department. Quartermaster sergeants. See Quarter- master sergeants ; Master electricians. Supervision by Chief of Staff, 503. Supplies — Issue to schools for instruction camps, 954c. Loans of tents restricted to G. A. R. and U. C. V., 1259b. Reserve Officers' Training Corps — Issue of public animals, etc., to in- stitutions maintaining units, 1562. Issue of tentage, etc., to other schools, 1563. Sale to Navy and Marine officers, 588a. Sales of cloth cuttings, 578a. Sales of surplus ice, 521, 521a, 521b. QUARTERMASTER GENERAL : See also Quartermaster's Department. in Absence, officer detailed to act, 146. Account to Secretary of War for money every three months, 1259^. Charges against officers for loss of prop- erty. 1256. Money in hands of subordinates, not liable for, 387. Property in hands of subordinates not liable, 387. Regulations for property accountability to be prescribed by, 1259J, 1259a. Title, 501a. QUARTERMASTER SERGEANTS : Authorization and appointment, 514, 514a. Designation changed, 496. Duties, 514. Master electricians to be Icnown as, 514b. Numljer, 506a. Pay and allowances, 514, 695, 695a. Qualifications for appointment, 514a. Senior grade, pay, 695a. Supplies. See Quartermaster's Depart- ment. QUARTERMASTERS, ARMY : Claims of, jurisdiction of Court of Claims, 277. Losses by, Court of Claims decree, 280. any Officer may act temporarily, 499. Regimental, battalion, etc., duties, 498, 499, 938. Regimental, horses allowed, 554. QUARTERMASTER'S DEPARTMENT : See also Quartermaster Corps. Appointments — Discontinued, details in lieu thereof, 936. QUARTERMASTER'S DEPART- MENT— Continued. Appropriations — Contracts for stores In advance of, 1190. Expenditures from, restricted, 1291. Payments from total available bal- ance, 523. for Shelter of troops in Philippines, 548. Civilian Employees — Number limited, 569, 570, 570a. Salaries limited, 569, 570, 570a. Composition, 507. Consolidation into Quartermaster Corps, 495. Duties — Deductions from mileage allowances, 685. Supplies, purchase and distribution, 515. Supplies, etc., to naval and marine de- tachments, 517. Transportation for Army, 515. Enlisted Men — Army service detachment, number, 1170. Army service men, enlistment of, 1168. Army sei'vice men, no extra pay, 1109. Officers — Bond, President may increase, 388. Bonds, sum and condition, 387. Bonds, waiver, 387a. Contracts, not to be interested In, 519. Disabilities, 519. Duties, 515, 515a. Increase in number, 508. Transportation of property for sur- veys, 532. Vacancies in certain grades, how filled, 511. Organization, 507. Printing — Contract, after advertising, exception, 1236, 1236a, 1236b. Done by Government Printing Office, 1236. Promotions — by Seniority, 509. Property. See this title. Supplies. Quartermaster General. See Quarter- master General. Quartermaster sergeants. See Quarter- master sergeants. Quartermasters. See Quartermasters, Army. Storekeeper — Abolishment of office, 512. Revived for appointment of Chas. P. ^Daly, 513a. Supervision by Chief of Staff, 503. Supplies — Accountability system to be prescribed, 12591. Contracts for, before appropriation, 1190. INDEX. 1059 TqU A RTERM ASTER'S DEPART- MENT — Continued. SuppLiKS — ^Continued. Issue to educational institutions for instruction camps, 954c. Issued to militia, title in United States, 1358, 1361. Loan of tents, restrictions, 1259b. I'roceeds from sales, availability, 522. Purchase from Indians, 1240. Purchase of, on Pacific coast, 1205. Transportation. See Transportation. QUARTERS, ARMY: fora particular class of officers or en- listed men, see the specific title. Allowance, 651a. Assignment of, in kind, according to rank, 551. Barracks. See Barracks. Brick house at proving ground not " pub- lic quarters," 825a. Commutation appropriation, 668c. Commutation for details abroad, 673. Commutation, duty " without troops," 6.71. Commutation rates, 670. Commutation to retired oflflcers at col- leges, 945, 946. Commutation of, where no public quar- ters, 668, 668a. Heat and light for authorized allowance, 556. for Militia officers attending schools, 1334. for Officers, limit of cost, at posts, 547, 547a. Officers not occupying, at proving ground, 825b. Officers temporarily on duty in field, 552, 672. Permanent, cost limited, 547. " Public quarters available," Secretary of War to determine, 668b. for Sei'vants not allowed, 670. • RADIODYNAMIC TORPEDO CONTROL: Installation of unit, 1615. Patents, issue to United States, 1614. Purchase of inventions, 1612. Tests, 1613. RADIO SERGEANT: Pay, 695a. RAFTS : Army transports to be equipped with, 536. RAILROADS, BOND-AIDED. See Bond- aided Railroads. RANK, ARMY: for rank of a particular class of offi- cers or enlisted men, see the specific title. Allowance for loss of files by increase of arm, 931b. Army Register to contain lineal, 326. Brevet. See Brevet rank. Commissioned service in Marine Corps counted, 353a. RANK, ARMY— Continued. Equal, may not be held in both line and staff, 934. Lineal, advancement of officers who lost by regimental promotion, 929. Officers, precedence over drafted forces, 1339m, 13.39n. Officers, professors. Military Academy, 1126. Officers, volunteer service does not affect, 1007. Relative, between officers of same grade, 353. Relative, with officers of Navy, 352. Relative, reorganization act not to change, 1102. Second lieutenants appointed under na- tional defense act, 331g. Service in Officers' Reserve Corps not counted, 1552. RATED MEN : Coast Artillery Corps, 1086b. Medical Department, 765a, 765b. RATIONS, ARMY: for a particular doss of officers and en- listed men, see the specific title. Cash to retired enlisted men in lieu of, 714, 715. Coffee and sugar, commutation of, 601, 602. Coffee and sugar, in kind issued weekly, 600. Competitors in rifle matches, 611a. Com m utation — General hospitals, rates, 611b. General prisoners, rates, 611b. Nurse Corps, rate, 611b. Constituents, change by President, 593. Constituents, prescribed by President, 593. Emergency, in addition to regular, 595. Enlisted men entitled to one daily, 596, 597. Enlisted men on furlough, 611, 611b. Interest of certain officers in purchase or sale prohibited, 591. Issuance to Indians, may be authorized, 599. to Nayal or marine detachments, 590, 304a, 304b. Sale to officers, amount deducted from pay, 692. Sale, to officers in field authorized, 605. Special for soldiers recovering from sickness, 594. Supplies for, purchase of, 586. REAL PROPERTY: Civil rights of citizens with respect to, 144.3. REAPPROPRIATION : of Unexpended balances. 191a. REAR ADMIRALS, NAVY: Relative rank of, with officers of the Army. 352. REBELLION : See also Insurrection, 1060 INDEX. REBELLION— Continued. Militia may be called to suppress, 1339, 1340. War of. See Civil War. RECEIVERS OP PUBLIC MONEYS: See also Public moneys. Duties of, as fiscal agents, 185. RECESS APPOINTMENTS. See Appoint- ments. RECORD AND PENSION OFFICE: See also Adjutant GeneraVs Department ; Militaru Secretary's Department. Appropriatoins, availability, 435. Assistant chief, rank, 433. Chief, rank, 433. Establishment, 432. Merged into Military Secretary's Depart- ment, 434. Pension business of War Department, 438. Records of militia in war, filed, in, 430. Records of volunteer armies, custody, 432, 438. Records of volunteers, on disbandment, 439. Records of wars prior to Civil War, cus- tody, 441. Removal of charge of desertion on rolls, 443, 454. RECORDING CLOCKS: Use, in executive departments, forbid- den, 121. RECORDS: See also Documents, Articles of War. Destruction, mutilation of public, pen- alty, 129. Destruction, etc., of public, by custodian, 130. as Evidence. See Evidence. False or fictitious entry by custodian, 171. Forgery, etc., public, penalty, 131. of Indian wars, 441. Preservation, regulations by department heads, 19. of Revolutionary wars. See Revolution- ary War. of War of 1812, 440. RECRUITING : See also Enlistment. of Volunteers. See Volunteer Army, RECRUITING DEPOTS: Bands, 1099a. Cooks, extra-duty pay, 563b. Corporals, temporary, 704b. Detachments, 704. Detachments part of Regular Army, 331a. Enlisted men, detail, and pay, 704a. Mess stewards extra-duty pay, 563b. National defense act, effect on, 1106a. Regimental sergeant, major, 704c. Retired officers, 958. Sergeants, temporary, 704b. RECRUITING PARTIES : National defense act, effect on, 1106a. Part of Regular Army, 331a. RECRUITS : Debts due traders, etc., deducted from pay, 723. Employment of physicians to examine, 779. Excessive enlistment for foreign service, 332a. Mounted service school, depot for cer- tain, 1186. National Guard. See National Guard Re- serve, reserve l>attaUons. Premium for, accepted, 1032. Premium for, to postmasters, 1032a. UXASSIGNED Excluded from strength of line, 332e. National defense act, effect on, 1106a. Part of Regular Army, 331a. Ratio to authorized strength, 332c, 332f. 'Volunteers. See Volunteer Army. RED CROSS. See American 2fational Red Cross. REENLISTMENT. See Enlistment. REGIMENTAL COURTS-MARTIAL. See Courts-martial. REGIMENTAL QUARTERMASTER : Horses allowed, 554. REGIMENTAL SERGEANT MA.IOR : Recruiting depots, 704c. REGIMENTAL SUPPLY SERGEANT: Pay, 695a. REGIMENTS : Cavalry, 331a, 1071, 1071a, 1072. Field Artillery, 331a, 1090, 1090c. Infantry, 331a, 1095, 1095a, 1096. REGISTER. See Army Register. REGISTERED MAIL. See Mail matter. REGULAR ARMY : See also Army. Composition, 331, 331n. Comprises permanent military establish- ment, 330, 331a. Constitutes part of land forces, 328, 329, 329a. Increase in emergency, 331b, 331c. Increase in increments, 331b. Lieutenant general in, abolished, 350. Part of Army of United States, 329a. Strength, maximum, 332, 332e. Strength, minimum, 332d. Tactical units of, 356a. REGULAR ARMY AND NAVY UNION : Badges of, who may wear, 1021, 1022. REGULAR ARMY RESERVE : See also Enlisted Reserve Corps. Allowances when reporting, 10311, Assignments to service, 1031g. Composition, 10.31, 1031f. Details with Reserve Officers' Training Corps, 1561. Enlistments — • at Outbreak of war, continued, 1031h. Qualifications, 1031f. Field Artillery war units, 1090b. FlK LOUGH TO • on Account of deppndent family, 1044a. Accounts closed, 1031e. INDEX. 1061 REGULAR ARMY RESERVE—Contiiuiod. Friu.oirJii TO — Continued. After one yoar, 1031c. on Discharge bj' pnrchasp, 104;>a, Government employees, use in mobilizing, paying, etc., 1031n. Mobilization, 1031g. 1031n. Oflioers assigned to, 1031g. Organization, I031g. I'arts of Regular Army, 331a. Pay — Active service, in time of war, 1331 j. Annual retainer, 1031i. Bounty upon reporting for active duty, 10311. Continuous service, 1031k. in Training, 103lg. Tensions, 1031m. Reenllf^'tmeuts in time of war, bounty, 10310. Retirement, service confers no right to, 1031m. Training, annual, lOSlf. Use of other departments in mobilizing, paying, etc., 1031 n. REGULATIONS, ARMY : I'resident authorized to mal^e, 324. Vo1unt«>er forces subj«>ct to, 1385. RELATIVE RANK. See Rank, Army. RELI(;iOUS ORGANIZATIONS : ;Meml>ers of certain, exempt from Army duty, 1324, 1323a. REMAINS: of Civil employees who die abroad, 1063. of Officers and enlisted raers. See Voluntrrr Army. REPEAL : of Acts in revision of Revised Statutes, 814. REPORTS : o/ (I paitiruUir office or officer, or on a particular subject, see the specific title. of P^xecutive departments, ^^e Executive departments. REPRIEVES : Power in President, to grant, 2. REQUISITIONS : for .Advances of money, 237. RESERVATIONS: See also Military posts; Military reser- rations; Public lanOs. Inclosures on, breaking, vie, penalty, 1314. Rights of way across, 1282, 1283. Survey monuments on, molesting, pen- alty, 1313. RESERVATIONS- Continued. Timber on, cutting, etc., penalty, 1311, 1312. Unlawful inclosures, removal, 1318. RESERVE: Army. See Regular Army Reserve; En- listed Reserve Corps. Militia. See Militia. National Guard. See National Guard Reserve. Officers. See Officers* Reserve Corps. RESERVE OFFICERS' TRAINING CORPS : Age, minimum, 1559. Appointment of graduates as temporary second lieutenants, 1570. Appointment of graduates in Officers' Reserve Corps, 1565. Arms and accouterments, issue, 1562. Credit for military training other than with, 1568. Detail of enlisted men with, 1561. Detail of officers as professors, 1560. Detail of officers as professors, required, 1555, 1557. Eligibility to membership, 1559. ESTAISMSHMEXT Conditions precedent, 1555, 1557. . at Other than State institutions, 1556. at State institutions, 1554. Horses, issue, 1562. Junior division, 1553. Maintenance in civil schools, 1553. Organization for camp training, 1564. Post graduates' eligibility for Officers* Reserve Corps, 1566. Senior division, 1553. Subsistence after two years, 1567. Training camps, 1564. Training, prescribed, 1558. RESTORATION TO DUTY: of Civil deserters, etc., pension, 446. of Military convicts, 488, 48Sa, 488b. RETAINED PAY: Abolished, exception, 707. RETIREMENT, ARMY: of a particular class of officers on cn- ' listed men, see the specific title. ExLiSTKD Men — Allowance in cash in lieu of clothing, ^ etc., 715. Application after 30 years' service, 713, 1038. Commissioned service in Porto Rico .*■''• Regiment or Philippine Scouts, 709, 710. Credit for Army, Navy, or Marine serv- ice, 1038. Credit for Civil War Service, 713, 1039. Credit for foreign service. 1040, 1042. Credit for war service, 1039. Detail on recruiting duty, 1392. Detail with Reserve Officers' Training Corps work. 1561. National defense act, effect on, 1106a. Part of Regular .\rmy, 331a. 1062 INDEX. RETIREMENT, ARMY— Continued. Enlisted Men — Continued. Pay, 75 per cent of rank on which re- tired, 1038. Reserve service confers no right, 1031m, 1589. Subject to Articles of War, 2 A. W. Noncommissioned Officers — See also this title, Enlisted men. Application, after 30 years' service, 713. Detail on recruiting service, 1392. Detail to schools, etc., pay, 946. Subject to Articles of War, 2 A. W. Officers — on Army Register, 988. Articles of War — Subject to, 988, 2 A. W. Assignment to Duty — See also this subdivision. Transfer to active list. Active duties to which assignable, 958. with District of Columbia militia, 959, 1373. to Educational institutions, 945-950, with National Guard, 1332b. Rank and pay, 958f. in Recruiting volunteers, 1392. with Reserve Officers' Training Corps, 1560. on River and harbor work, 799. at Soldiers' Home, 956. with State militia, etc., 957, 958. Temporary command of post, 975a. in War, restriction, pay, 961. Command, withdrawn from, 986. Discipline — Subject to Articles of War, 988; 2 A. W. Grounds for Retirement — Age 62 years, 963. Age 64 years, 964. Application after 30 years' service, 962. Application after 40 years' service, 962, 964. Cadet service not counted, 657. Credit for volunteer, etc., service, 655. Disability, 968, 981, 982. of General officers, restriction, 972. Length of service, 963. Not affected by act of June 30, 1882, 965. for Panama Canal service, certain, on application, 927j. Physical disability for promotion, 930, 931. Staff detail does not postpone, 380. Hearing, entitled to, 983. Limited list. See this subdivision, Number. National defense act, effect on, 1106a, Number — ■ . Limited list of three hundred and fifty, 966. RETIREMENT, ARMY — Continued. Officers — Continued. Number — Continued. Unlimited list, transfers from lim- ited, 967. Unlimited retired list, 965. Part of Regular Army, 331a. Pay — on Active duty in time of war, 961a. on Active duty, 974, 975, 958f. Additional, for holding another office, 990. on Duty at colleges, etc., 949. on Duty at soldiers' home, 956, Longevity prohibited, exception, 659. Rates, 658. Wholly retired, 660. Promotion — Withdrawn from line of, 986. Rank — Advanced, for Civil War, etc., serv- ice, 969a, 969b-969c. Advanced, for service on Panama Canal, 927d. Brigadier generals, certain, ad- vanced, 970. Rank on Retirement — Actual rank held at time of, 984. Advanced, for certain service, 969a, 969b-969c. Advanced for Civil War service, 960. Advanced for service on Panama Ca- nal, 927c. of Chief of Staff bureau, 376, 973. Commissioned in advanced, 971. if Retired for disability, 985. Reserve not entitled to, 1571. Retiring Board. See Retiring Board. Secretaries to, not authorized, 989. Territorial appointments, 960. Transfer to Active List — See also this subdivision, Assign- ment to Duty. on Disability list, examination, 95Sg. Examination for promotion required, 958c, 958j. Officers previously transferred enti- tled to benefits, 958e. of Officers retired for physical disa- bility authorized, 958a, 958d. Panama Canal service, age limit, 958h-958k. Promotion after, 9581, 958j. Rank, grade, and arm, 9581. with Rank to which entitled, 958b. Subsequent retirement, 958k. Uniform — of Rank at which retired, 988. Unlimited list. See this subdivision, Number. Vacancies Caused by — Filled by promotion in order, 987. RETIRING BOADS: See also Retirement, Armg. Composition, convening, 976. Findings, items prescribed, 979. Findings, revision by President, 980. INDEX. 1063 RETIRING BOARDS— Continued. Oath of members, 977. Officers entitled to hearing before, 983. Organization, 976. Powers and duties, 978. RETURNS : of Militia. See Militia. of Property. See Public property, of Volunteers. See Volunteer Army. RETURNS OFFICE : Filing of contracts in. See Contracts. REVENUE-CUTTER SERVICE : Transportation to personel on trans- ports, 529. REVIEWING AUTHORITY. See Courts- martial. REVISED STATUTES : Accrued rights not affected by revision, 315. Certificate to, by Secretary of State, 312, 318. Citation, manner of, 313. First edition 1874, 308. Printed copies as evidence, 310, 318. Repeal of acts embraced in revision, 314. Repeal of certain sections relating to militia, 1320. Revision, acts after December 1, 1873, not affected, 317. Revision authorized, 307. Revision, scope, 313. Second edition, 318. Sections, arrangement, reason, 316. Supplement of 1891, as evidence, 320. Supplement of 1891, authorized, 319. Title of revision, 311. REVOCABLE LICENSES : to Use public lands. See Public lands. REVOLUTIONARY RECORDS : Appropriation for collecting, etc., 442. Publication by Secretary of War, 442. Transfer to Secretary of War, 440. Transfer to War Department, 442. REWARDS : for Apprehension of deserters, 1056- 1058. for Apprehension of military convicts, 1058. to Employees, for suggestions, 861. RIFLE CLUBS: See also Citizens' traininf/ camps. Issue of rifles and ammunition to, 954a, 954b. Issue of targets to, 954d. Results of practice, filed, l.'^68. Sale of rifles, etc., to, price, 1367, 1368. RIFLE PRACTICE. See Target practice. RIFLE RANGES. See Turfjet ranges. RIGHT OF APPEAL: from Court of Appeals. See Court of appeals. RIGHT OF WAY: to Militia in District of Columbia, 1466. over Public lands. See Public lands. RIGHTS: Accrued, not affected by revision of R. S.. 315. RIGHTS— Continued. Civil. Sec Civil Rights. RIVER AND HARBOR WORKS: Annual estimates to be submitted, 98. Appropriations, unexpended balances, 192. Dredging, etc., eight-hour law applicable, 1232. Employment of retired officers on, 799. Plans for improving, for fleet operations, 98a. Two or more may be included in con- tract, 1210. ROADS : Across military reservations, when per- mitted, 1284. ROBBERY : of Public property from agent, penalty, 1265. ROCK EXCAVATION: and Dredging, eight-hour law applicable, 12.32. ROSETTES : Showing attendance of enlisted Reserve Corps at encampments, 1583. Unauthorized wearing of, penalty, 1584. Worn in lieu of medals of honor, 1014, 1017. SADDLERS : Medical Department, percentage, 7ri6e. Pay, 695a. SALARY. See Pay. SALES : of a particular article or class of sup- plies, see specifir; title. Of public property, in general. See Pub- lic property. SANITARY EQUIPMENT : Loan to Red Cross, 775b, 775c, 775d. SANITARY TRAIN: Composition, 356a. SATURDAYS : Half holiday in District of Columbia, 53. SCHAAP, BERNARD A. : Pay and retirement, 339e. SCHOOLS : See also Colleges; Educational institu- tions. for Bakers and cooks, prizes for gradu- ates, 1188. Cadets, entitled to wear uniform. 1010b- lOlOd. Detachments at, organization. 1183. for Enlisted men at posts and garrisons, 1293. for Fire for Field Artillery, object. 1183. Issue of rifles and ammunition to certain 954a 954b. of Line, Army, object, 1183. SCOUTS. See Indian scouts: Philippine Scouts. SEA AREAS. See Defensive sea arras. SEACOAST DEFENSES. See Coast de- fenses. SEA TRAVEL: See also Transport wtion. 1064 INDEX. SEA TRAVEL— Continued. Enlisted men on discharge, to what en- titled, 1046, 1046a. Officers on - discharge, actual expenses only, 683. Surgeons, etc., actual expenses only, G82. What to constitute, 682. SEAL OF UNITED STATES: Adoption, 1530. Affixed to commissions of civil officers, 1531. Custody in Secretary of State, 1531. SEAL OF WAR DEPARTMENT : Commissions of officers issued under, 925. SEAMEN : Alien, naturalization of, 1066. SEAS : Jurisdiction over offenses committed on high, 300. Seizures on, condemnation proceedings, 301, 302. SECOND LIEUTENANTS, ARMY: of a particular branch of the service, see the specific title. Appointment. See Officers, Army. Pay, 635. Promotion during probationary period, 918a. Provisional, 918a. Rank, appointed under national-defense act, 33 Ig. Relative rank with officers of Navy, 352, Temporary, for training, 1570, 1571. Vacancies caused by increase of Army, how filled, 331d. Vacancies caused by national-defense act, how filled, 331f. Vacancies, original, how filled. 331o. Vacancies, order and method of filling, 918. SECRETARY OF THE INTERIOR: See also Executive departments; Heads of departments; Interior Department. Authorized to grant rights of way, 1282, 1283. Indian agents, under orders of, 940, 1397. SECRETARY OF LABOR : See also Executive departments; Heads of departments. Duty with regard to claims for injuries, 66. SECRETARY OP SENATE: Distribution of Senate documents, 1172. SECRETARY OF STATE : See also Executive departments ; Heads of departments. Custody of seal of United States, 1531. Duties, with .reference to Revised Stat- utes. See Revised Statutes. SECRETARY OF THE TREASURY: See also Executive departments; Heads of departments ; Treasurt/ Department. Accounts. See also Accounting of puhlic money. Accounts, regulation by, 196. SECRETARY OF THE TREASURY— Con. Advance of money, action on requisitions, 237. Appropriations, disposition of balances, 191, 192. Claims. See Claims. Contracts for electricity made by, 1107. Delinquent accounts, report of, 199. Designation of public depositories, 182. Distress warrants. See Distress icar- rants. Estimates. See Estimates. Outstanding liabilities, certificate as to, 242. Quarantine stations under control of, 1463. Records, copies of, by, 246. Set-offs of United States, enforcing, 2.S0. Supplies for departments, purchase of, 1197. Surety companies. See Surety com- panies. Warrants to be signed by, 237, SECRETARY OF WAR: for particular matters relating to the War Department, see the specific titles. See also Executive departments ; Heads of departments; War Department. Acting Secretary designated by President, 143. American National Red Cross, annual re- ports to, 104a, 104b. Assistant Secretary — Appointment, 142. Creation of office, 142. Claims. See ClaAms. Clothing, See Clothing, Army. Contracts — Bids, regulations for. 1206, for Supplies, supei*vision over, 1189. Creation of office, 141. Disciplinary Barracks — Clemency and restoration, 4S8a, to Exercise supervisory control ovei*, 477a. Report of affairs of, 477a, Estimates — Fortifications, report on employees, 818. for River and harbor works, 98. Signal Office, report of employees, 895. Inspections — of Disbursements, and necessity there- for, 412. Reports of, to Congress, 462. Maneuvers — Regulations for, 1298. Report to Congress of joint, 1329. Mileage. See Mileage. Militia. See Militia. Open-Market Purchases — Approval of, exceeding $500, 1200. Exceeding $200, reported to, 1198, 1199. of Horses, may fix maximum price, 541, 542. Plans for improving harbors for fleet operations, 98a. INDEX. 1065 SKCRKTARY OF WAR— Continuod. I'OWKUS AND DUTIKS— *S'cc also t^irowjhout this title. Action final as to dopcndent familios of enlisted men, 1347b. Approval of oxponditureB for build- ings, 1291. Custodian of propertj- of department, 148. Duties enumerated, 147. Flags and eolors, captured, collected, 149. Guns, determination of bore and cali- T>er, 852. Indian country, removal of cattle, 1402. to Inspect military prison annually, 478. Military forces, instruction, 1207. Military records, collection, etc., 440, 442. Permits for examination of ruins, etc., 128C). Public property, inventory and return, 109. Regulations for account for Army sup- plies, 1259a. Report as to land and buildings re- quired for airsbips for coast de- fenses, 1274d. Statue of Liberty, to keep in repair, 1288. Supervision of department, 147. Public lands. See Puhlic laniJs. Quarters. See Qtiarters, Army. Rei'Outs — Annual, to include reports of inspec- tions, 462. of Disciplinary barracks affairs, 477a. of Inspections of accounts to Congress. 412, 413. Militia, expenditures for arms, etc., 13.S6. SurrLiEs — - Prescribe kinds, etc., to be purcbased, 516. Regulations for transportation, etc., 516. Transportation of troops. See Tvans- portation. SECRET SERVICE AfiENCIES : Established by volunteer forces, 1385. SEIZT'RES: of I'roperty on high seas, condemnation, 301. SENTENCES. See Punishments. SEQUOIA NATIONAL PARK: Detail of troops for protection, 1301. Rights of way through, 1282. SENATE. See Congress. SENATE DOCUMENTS : Military Academy library furnished, 11 72. SERGEANT BUGLER : I'ay, 695a. SERGEANTS : See also Soneomm,lssioned officers. Bands, pay, 701, SERGEANTS— Continued. Commissary. See Commissary sergeants. Details. See Details. Medical Department, percentage, 70Cd. Mess, pay, 697. Ordnance. See Ordnanec Deportment. Pay, 695, 695a. Quarlermaster. See Qunrtci master ser- fieants. Recruit depots. 704b. Signal Corps, percentage, 890a. SERGEANTS, FIRST CLASS: Medical Department, percentage, 766d. Signal Corps, percentage, 890a. SERUMS : Surgeon General, member of board on, 780. SERVANTS: Enlisted men not to be used as, 1008. for Officers, quarters not allowed, 070. SERVICE SCHOOLS: Civilian employees, pay, 362. .362a. 362b. Detachments of enlisted men, organiza- tion, 1183. Detachments, effect of national-defense act, 1106a. Detachments part of Regular Army, 331a. Instructors, leaves of absence, 1187. Purchases of horses for, 542. for Theoretical and practical instruction, 1 183. SERVICES : for Executive departments. See Execu- tive departments. for Military Establishment, contracts, 1189. Voluntary, prohibited, exception, 37. SET-OFFS : to Claims. See Court of Claims. SETTLEMENT : of Accounts. See Aeeoiintiiuj of public money. of I'laims. See Claims. SETTLERS : on Indian lands, removal of unauthor- ized, 1400. SEWING MACHINES: Exchange on purchase of new, 1261a. SHARPSHOOTERS : Additional pay for qualifying, 699. SHEEP : Driving, etc.. across military reserva- tions, 1284. SHELTER OF TROOPS : in Philippines, report of expenditures for, 548. SHIPPING BOARD: Purchase or charter of vessels suitable for Army transports, 534e. Transfer of military vessels to, 534f. SHOOTING GALLERIES: Authorization, to be open to militia, 553. Militia appropriations may be expended, 1353. SHORE DUTY: of Marine detachments. See Marine Corps. 1066 INDEX. SHORE DUTY— Continued. of Naval detachments. See Navy. SIBERT, WILLIAM L. : Promoted to brigadier general, 927b,' 927e. may Retire on application, 927j. Thanks of Congress tendered, 927a. SICK LEAVE: with Pay may be granted to employees, 50. SICK REPORTS: of Volunteers, disposition, 430. SICKNESS : Absence of officers on account of, 661. SIGNAL CORPS : See also Chief Signal Officer. Accounts, settlement with other bureaus, 901b. Aero squadrons, organization, 890b. Appointments and promotions in, 884. Appropriations for support, 882. Aviation Duty — Details on, number and term, 889. Married officers eligible, 889r. Pay and allowances while on, 889, 889q. Aviation fields. See Aviation fields. Aviation schools. See Aviation schools. Aviation Section — See also Aeronautics, Advisory Com- mittee for. Accidents, payment to beneficiary in case of death by, 889n. Appropriation for airships, 889bb. Aviation examining boards, compo- sition, 889k. Aviation mechanicians, authorized num- ber, 889i. Aviation mechanicians, pay, 889j. Aviation motor, development, ■889dd. Aviation students, qualifications, etc., 889d, 889e. Aviators, civilian, 889t, 889w. Basic patents for manufacture or de- velopment of aircraft, 889flE-889hh. Composition, 879a, 889b, 889d, 889i. Creation, 889a. Duties enumerated, 889a. Enlisted men, instructed in art of flying, 889j, 889r. Enlisted men, number and pay, 889b, 889i, 889j. Enlisted Reserve Corps, on duty with, 889cc. Junior military aviator, 889p. Military aviator, increase in grade, pay, etc., 889p, Military aviator, office created, 889g. Military aviator, qualifications for, 889k, 889m. Military aviator, service required, 889o. Officers, certificates of examination, 889o. Officers, detailed from line, 879a, 889c-889e, 889k, 889s. Officers, Inefficient, termination of de- tail, 889f. SIGNAL CORPS— Continued. Aviation Section — Continued. Officers, married, eligible for detail, 889r. •Officers, number, 889b. Officers, pay, 889h, 889p. Officers, qualification certificate re- quired, 889k. Officers rated in two classes, 889g. Officers, ratings, 889o. Pay, former law repealed, 889q. Pay of civilian aviator, 889u. Pay of enlisted men studying art of flying, 889j. Pay of junior and military aviators, 889h. Qualification certificates, issue, 8891, Qualification certificates required, 889k. Redetail not barred, 889s. Redetail of proficient aviators, 879a. Report as to land and buildings re- quired for airships for coast de- fenses, 1274d. Reserve officers on duty with, 889cc. Battalions, organization, 890b. Companies, organization, 890b. Composition, 870a, 880. Contracts, form, 1211b. Draftsmen, employment of, 895. Enlisted Men — Additional, for Aviation Section, 889b. Composition, 890-892, 890a. Excluded from strength of line, 332e. Grades established, 890a. Increase for Alaska and Philippines, 891. Increase in time of war, 892. May be mounted, 890e. Organization, 890-892. Pay, 698. Pay of noncommissioned officers, 695. Percentage of grades, 890a. Returns of stores in possession of, 901. Exchange of typewriters, etc., 883a. Horseshoer, pay, 695a. Military telegraph. See Teleyraph lines. Officers — Additional for Aviation Section, 889b. of Aviation Section. See this title. Aviation Section. Detailed as chief of telegraph bureau, Executive Office, 881. Detailed from line, 886, 887, 936. Detailed in, to be from grade of vacancy, 888. Examined for appointment, or promo- tion, 884. Lieutenants promoted, after 14 years, 386. Number, 879a. Promotions by seniority, 885. 886. Returns of stores in possession of. 901. Vacancies which can not be filled by promotions, 887. Organization, 879, 880. Organization of units, 890b. Part of Regular Army, 331a. INDEX. 1067 SIGNAL CORPS— Continued. Privates, first class, percentage, 890a. Privates, percentage, 890a. Phopbrty — Regulations for keeping to be pre- scribed, 894. Returns to be made semiannually, 901 901a. Sales — Proceeds available for replacement, 883. Sergeants, additional, details, 1332a. SiGXAL Office — Employment of additional persons, 161. Employment of draftsmen, 895. Vacancies Filled — by Details from line, 886, 887, 936, by Promotion, 885, 886. of Volunteer forces, 1385. SIGNAL SCHOOL, ARMY, 1183. SITES: for Fortifications. See Fortifications. for Public buildings. See Public build- ings. SKETCH : Making, etc., unlawful, concerning na- tional defenses, penalty, 1317^-1317$. SKILLED DRAFTSMEN. See Draftsmen. SMALL ARMS : Ammunition, for target practice, 831a. Militia, supplied with. See Militia. Obsolete, sale to patriotic organizations, 8.39. Practice, appropriations for, availability, 831. Practice, inspectors of, in militia, 1357. SOLDIERS : See also Enlisted men. Discharged, preference to, in civil serv- ice, 40, 41. Outfits of, not to be sold, 1262. SOLDIERS' HOME : See also National Home for Disabled Vol- unteer Soldiers. Accounts — See also Accounting of public money. Adjustment by War Department Audi- tor limited, 1509. Admission — Contributors to support of home, 1515. Convicts, deserters, drunkards, exclud- ed, 1516. Disabled soldiers, veterans of wars, 1514, 1515. Regulars or Volunteers wounded in duty, 1515. Board of Commissioners — Choice of retired officers for duty, 956. Composition, quorum, powers, and du- ties, 1502. Gifts, authorized to receive, 1508. Pensions, regulation of payment, 1520. to Recommend oflacers for appoint- ment, 1505. Report annually to Secretary of War, 1504. Sites for, purchase of, approval, 1503, SOLDIERS' HOME— Continued. BUILDINOS Erection, approved by Secretary of War, 1512. Erection by commissioners, approval, 1503. Disbursements Over .$5,000, approval necessary, 1512. Discharge. See this title, Inmates. Funds — Accounts. See this title. Accounts. Borrowing on credit of home, forbid- den, 1513. Custody in Treasurer of United States 1511. Custody, transfer in certain cases, 1511. Deductions from pay, 707, 722. 1.508. Deposited in Treasury, interest, 1510. Disbursement over $5,000, approval, 1512. Fines of courts-martial, 1507, 1507a. Forfeitures for desertion, 1507. Gifts, 1508. for Support, source of, 1507. Governor — Appointment, 1505. Deputy governor, appointment, etc., 1505. One for each site, removal, 1505. Grounds, purchase of, 1512. Inmates — Discharged, regulations for, 1517. Outdoor relief, 1511, 1518. Pensions. See this title. Pensions of inmates. Subject to Articles of War, etc.. 1521, 2 A. W. Uniform furnished free, 1522. Inspection — by Board of Commissioners, 1502. by Inspector General annually, 464. Liquor — Sale within one mile prohibited, 1523. Officers — Borrowing on credit of home, forbid- den. 1513. Enumerated, appointment and removal, 1 505. Retired officers, assigned to duty at, 956. Selected by President, 1506. Outdoor relief, 1511, 1518. Pensions of Inmates — Allotment to dependent relatives, 1520. on Death, without heirs, escheat, 1520. Paid to pensioner at discharge, 1520. Payment to treasurer of home, in trust, 1520. Surrendered to home, 1519. Secretary. 1505. Sites, selection of, 1503. Supplies — Purchase on contract from lowest bid- der, 1512. 1068 INDEX. SOLDIERS' ITOME— Continued. Treasurer — Bond, 1506. Secretary to be, J 505. SOLDIERS' HOMESTEADS. See Home- si eaOs. SOLITARY CONFINEMENT : of Military convicts, reported, 491. SPANISH-AMERICAN WAR : Arrears of pay, etc., of Volunteers, time limit for fllinj? claims, 218. Badges. See Badges. Uniform, etc., of discharged Volunteers, 1009. SPECIAL AGENTS: for Disbursement of money, bond, 248. SPECIAL COURTS-MARTIAL. See Arti- cles of War; Courts-Martial. SPEEDY TRIAL: of Offenders against civil rights, 1453. SPIES : in Time of war, death sentence author- ized, 82 A. W. SPRINGFIELD ARMORY : Master armorer, pay, 854a. Salaries of clerks, 857c. SQUADRON : Cavalry, 1074a, . • . Stable sergeant : Pay, 695a. STAFF COLLEGE : to Provide theoretical, etc., instruction, 1183. STAFF DEPARTMENTS. /or a particular department, see the spe- cific title. , Chiefs of — Appointment of detailed oflBcer, 375, Appoinment from line officers, 373. Appointment from staff officers, 374. Rank and pay fixed, 373. Retired, rank and pay fixed, 376, 973. Enlisted men. See Enlisted men. Noncommissioned officers. See ISioncom- missioncd officers. Officers — ' Detailed from line, 378. Eligibility for detail, restrictions, 937-938L Eligibility for redetail, 379. General officers, 350a. Promotion, by seniority, 377. Promotion during detail, 365b. not Reappointed, return to former grade, 382. Relative rank in corps or arm held, 381. Retirement before completion of detail, 380. Term of detail, 379. Transfer from line, 934. Vacancies caused by details to Na- tional Guard, 1332d. of Volunteers. See Volunteer Army. STAFF OFFICERS, ARMY: on, staff of a particular officer, see the officer. STAFF OFFICERS, ARMY— Continued. Details from Artillery captains, etc.,' 1090. Details from Cavalry captains, etc., 1077. Details from Infantry captains, etc., 1100. Details without creating vacancy In line, 361. Regimental, deemed duty " with troops," 385, 938, in Staff departments. See Staff deport- ments. of Volunteers, See Volunteer Army. STAMPS. See Postage. STATE CONSTABULARY: National defense act does not forbid, 1325d. STATE DEPARTMENT: Secretary, See Secretary of State. Tender of foreign decoritions through, 1012. STATE EMPLOYEES: Rates of pay compared with Government employees, 40g, STATE HEALTH: Officers of United States to observe, 1462. STATE POLICE: National defense act does not forbid, 1325d. STATES : 20(>b UNIVERSITY OF CALIFORNIA LIBRARY