regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United States. Sec. 212, Title II, Part II, act of June 30, 1932 (47 Stat. 406); 5 U. S. C. 59a.

That, notwithstanding any other provision of law, one retired officer of the United States Army, acting as professor of military science and tactics at the public high schools of Washington, District of Columbia, shall be permitted to receive, in addition to his retired pay, the pay of a teacher in the public high schools of Washington, District of Columbia, not to exceed $1,800 per annum, under appointment by the Board of Education of the District of Columbia and payable from the appropriation for the expenses of the public schools of the District of Columbia. Act of June 4, 1935 (49 Stat. 320); 10 U. S. C. 1178a.

R. S. 1222, supra, was not to apply to an officer designated by the President to perform the duties of the Secretary of War, under sec. 1, act of Aug. 5, 1882, post, 891.

By joint resolution of May 31, 1924 (43 Stat. 252), the President was authorized to direct a named officer to report to the Secretary of the Treasury for duty for a period of six months as Director of the Bureau of Engraving and Printing, notwithstanding the provisions of R. S. 1222 and of 318, post.

By sec. 4 (e) of the act of June 3, 1924 (43 Stat. 861), creating the Inland Waterways Corporation, the Secretary of War may detail an officer from the Military Establishment as chairman of the advisory board, notwithstanding R. S. 1222 "or any other provision of law, or any rules or regulations issued thereunder." See 184, ante.

By War Department appropriation act of June 7, 1924, repeated in permanent form in act of Feb. 12, 1925, nothing contained in any act "shall be construed as depriving any commissioned officer of the Army, Navy, or Marine Corps of his right to pay and allowances while serving on such duty as the President may direct in the coordination of the business of the Government, as now being conducted by him under the general supervision of the Director of the Bureau of the Budget." See 162, ante.

Officers of the Army are permitted to serve as members of the Niagara Falls Bridge Commission, notwithstanding the provisions of R. S. 1222, supra, by section 7, public resolution of June 16, 1938 (52 Stat. 770).

For other details of officers on the active list specifically authorized by law, see 156207, ante.

Notes of Decisions

Commissioner of the District of Columbia.A retired Army officer, if otherwise qualified, may hold the office of Commissioner of the District of Columbia. (1930) 36 Op. Atty. Gen. 388.

Head of State University.-Detailing of officer on active list of Army to act as head of Louisiana State University held unauthorized. (1927) 35 Op. Atty. Gen. 187.

A retired officer in the Medical Corps of the Army is not entitled to recover compensation for services rendered by him on the verbal request of the officer in charge of a recruiting office in the examination of applicants for enlistment, in the absence of a regular medical officer or other person authorized to make such examinations. Coffey v. U. S. (1935), 80 Ct. Cl. 779.

Reserve officers.-Sec. 1222 R. S. does not prohibit appointment of an Army officer on the active list to a civil office, but acceptance of such office vacates his commission in the Army. (Oct. 26, 1938) 39 Op. Atty. Gen. No.

Officer of Soldiers' Home.-Officers of the Soldiers' Home hold "a civilian office or position under the United States Government" within the meaning of this section. Retired officers of the Army holding such offices may elect whether they will ac- 53. cept retired pay or the pay of the civilian The section is inapplicable, under circumposition, and may be required to refund pay-stances stated, to an officer of the Reserve ments heretofore made in excess of those Corps on leave of absence with pay from provided by law. (1933) 37 Op. Atty. Gen. active duty with the Army. Id. 144.

315a. Restrictions on activities; dual office.No 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 heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers of the Army, Navy, Marine Corps, or Coast Guard 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. Retired enlisted men of the Army, Navy, Marine Corps, or Coast Guard retired for any cause, and retired officers of the Army, Navy, Marine Corps, or Coast Guard who have been retired for injuries received in battle or for injuries or incapacity incurred in line of duty shall not, within the meaning of this section, be construed to hold or to have held an office during such retirement. Sec. 2, act of July 31, 1894 (28 Stat. 205); act of May 31, 1924 (43 Stat. 245); sec. 6, act of July 30, 1937 (50 Stat. 549); act of June 25, 1938 (52 Stat. 1194); 5 U. S. C. 62.

Provisions relating to retired officers of the Army serving in various capacities are found in 210-224, ante.

This section was expressly waived as to retired officers employed on river and harbor improvements by 315b. post.

Provisions of law prohibiting the holding of more than one office were not to apply to directors of the Textile Foundation, established by act of June 10, 1930 (46 Stat. 539).

Notes of Decisions

Officers retired for disability.-While this of Columbia. (1930) 36 Op. Atty. Gen. 388. section (U. S. C. 5: 62) prevents the appointment of an officer of the Navy in active service to the position of Director of the Bureau of Marine Inspection and Navigation, Navy Department, the officer will be eligible for such appontment if and when he is retired on account of incapacity incurred in line of duty, subject to the provisions of 315, supra (U. S. C. 5: 59a). (Aug. 17, 1937) 39 Op. Atty. Gen. No. 19.

Retired enlisted man.-This section, even before the amendment of 1924, did not apply to retired enlisted men. Grant v. U. S. (1930), 70 Ct. Cl. 294.

Offices to which applicable.-A retired Army officer, if otherwise competent, may hold the office of Commissioner of the District

An office of the Emergency Fleet Corporation is not an office of the United States within the meaning of this section and a retired officer of the Army, holding office in the corporation and drawing the salary thereof as well as his retired pay, in excess of $2,500 per annum, is not to be denied the retired pay on the ground that his appointment to the Fleet Corporation was in violation of the act. Dalton v. U. S. (1930) 71 Ct. Cl. 421.

Sec. 2, act of July 31, 1894, prohibiting the holding of more than one office, is inapplicable where the annual compensation to each office amounts to less than $2,500. (Oct. 26, 1938) 39 Op. Atty. Gen. No. 53.

315b. Restrictions on activities; employment of retired officers on river and harbor works.-That section two of the act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes, approved July thirty-first, eighteen hundred and ninety-four, shall not be so construed 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 compensation for such employment. Sec. 7, act of June 3, 1896 (29 Stat. 235); 5 U. S. C. 63; 33 U. S. C. 544.

For sec. 2, act of July 31, 1894, see 315a, ante.

315c. Restrictions on activities; appointment of retired officers in Budget Bureau.-* * * Provided, That section 2 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1895, and for other purposes, approved July 31, 1894, shall not be construed as having application to retired officers of the Army, Navy, Marine Corps, or Coast Guard who may be appointed to the offices created by section 207 of the Budget and Accounting Act, 1921, approved June 10, 1921, within the meaning of precluding payment to such officers of the difference in pay pre

scribed for such offices and their retired pay. Act of Feb. 17, 1922 (42 Stat. 373); 5 U. S. C. 64.

For sec. 2, act of July 31, 1894, see 315a, ante.

For section 207, act of June 10, 1921, see 1641, post.

315d. Restrictions on activities; employment of retired officers on reclamation projects.-* Provided further, That notwithstanding the provisions of any other Act, retired officers of the Army or Navy may be employed by the Secretary of the Interior as consulting engineers in accordance with the provisions of this Act. Sec. 1, act of Feb. 28, 1929 (45 Stat. 1406); 43 U. S. C. 411b.

The act from which this section is taken authorizes the employment of engineers and economists for consultation purposes on important reclamation work. It repeals a similar provision contained in resolution of June 28, 1926 (44 Stat. 776).

316. Restrictions on activities; office in Diplomatic and Consular Service.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 resigned his place in the Army, and it shall be filled as a vacancy. R. S. 1223; 10 U. S. C. 577. Provided, That no salary herein appropriated shall be paid to any official receiving any other salary from the United States Government. Title 1, act of Jan. 25, 1929 (45 Stat. 1096), making appropriations for the State Department; 22 U. S. C. 32.

R. S. 1440, containing a provision similar to first paragraph of this section, but applying to officers of the Navy, was amended by act of Mar. 2, 1929 (45 Stat. 1482), so as to except retired naval officers from its provisions.

A provision similar to second paragraph has appeared in prior and subsequent appropriation acts.

By section 1, act of May 24, 1924 (43 Stat. 140), the Diplomatic and Consular Service was thereafter to be known as the Foreign Service of the United States (J. A. G. 010.3, November 12, 1929, page 98).

317. Restrictions on activities; dealing with the Government.-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. R. S. 1138; 10 U. S. C. 1315.

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 composition of the ration allowed to troops in the service of the 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. R. S. 1150; 10 U. S. C. 1315. No payment shall be made from money appropriated in this Act to any officer on the retired list of the Army who, for himself or for others, is engaged in the selling of, contracting for the sale of, or negotiating for the sale of, to the Army or the War Department, any war materials or supplies. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1283).

The third paragraph of the 1929 text has been superseded by the above provision, which has appeared in subsequent appropriation acts.

The Quartermaster's Department was consolidated with the Subsistence Department and the Pay Department to form the Quartermaster Corps by the act of Aug. 24, 1912 (37 Stat. 591).

For somewhat similar provision applicable to officers of the Navy or Marine Corps, see act of June 10, 1896 (29 Stat. 361), as amended by section 9, act of July 22, 1935 (49 Stat. 490).

317a. Restrictions on activities; dual compensation.--No person who holds an office, the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law. R. S. 1763. No allowance or compensation shall be made to any officer or clerk by reason of the discharge of duties which belong to any other officer or clerk in the same or any other department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law. R. S. 1764; 5 U. S. C. 69.

No officer in any branch of the public service, or any other person whose salary, pay, 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 additional pay, extra allowance, or compensation. R. S. 1765; 5 U. S. C. 70. That unless otherwise specially authorized by law, no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia: Provided, That no such retired officer, officer, or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other salary or compensation for services heretofore rendered by reason of any decision or construction of said section six. Sec. 6, act of May 10, 1916 (39 Stat. 120); act of Aug. 29, 1916 (39 Stat. 582); 5 U. S. C. 58, 59.

* The enlisted men and officers of the Army, Navy, and Marine Corps may be appointed and compensated for the enumeration of Army, Navy, Marine, and other military posts. Sec. 3, act of June 18, 1929 (46 Stat. 22);

13 U. S. C. 203.

The War Department recommends the express repeal of the first paragraph of this section, based on R. S. 1763; 5 U. S. C. 58, which has been omitted from the United States Code (J. A. G. 010.3, October 20, 1930, page 3; July 7, 1931, page 110).

Notes of Decisions

Persons included within prohibition.-Spe- | gress to make exception to R. S. 1765, supra. cial act authorizing lease of naval lands Baker v. U. S. (C. C. A.. 1928), 27 F. (2d) to naval officers held to show intent of Con- 863, certiorari denied (1929), 278 U. S. 656. 318. Restrictions on activities; employment on civil works or by corporations. 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 De partment, if such extra employment 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. R. S. 1224; act of Feb, 27, 1877 (19 Stat. 243); 10 U. S. C. 495.

This section, as enacted in the Revised Statutes, was as follows:

"Officers of the Army on the active list shall not be separated from their regiments or corps for employment on civil works of internal improvement, nor be allowed to engage in the service of incorporated companies, or be employed as acting paymaster, or disbursing agent of the Indian Department, if such extra employment require that he be separated from his

regiment or company, or otherwise interfere with the performance of the military duties proper."

It was stricken out, and the section as set forth here was inserted in lieu thereof, as cited above.

319. Restrictions on activities; interference with elective franchise.-No officer of the Army or Navy of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. R. 8. 2003; 8 U. S. C. 32.

320. Restrictions on activities; private pursuits for hire. Hereafter no enlisted man in the active service of the United States in the Army, Navy, and Marine Corps, respectively, whether a noncommissioned officer, musician, or private, shall be detailed, ordered, or 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 professions. Sec. 35, act of June 3, 1916 (39 Stat. 188); 10 U. S. C. 609; 34 U. S. C. 449. For first paragraph of 1929 text, see 318, ante.

The second paragraph, based on War Department appropriation act of February 28, 1929 (45 Stat. 1353), is not continued in force for the fiscal year 1937 or subsequent years. For superseding provisions, see third paragraph of 317, ante.

The act of May 11, 1908 (35 Stat. 110), provided that Army bands or members thereot should not receive remuneration for furnishing music outside the limits of military posts, when the furnishing of such music placed them in competition with local civilian musicians. 321. Restrictions on activities; membership fees and attendance at conventions. No money appropriated by this or any other Act shall be expended for membership fees or dues of any officer or employee of the United States or of the District of Columbia in any society or association or for expenses of attendance of any person at any meeting or convention of members of any society or association, unless such fees, dues, or expenses are authorized to be paid by specific appropriations for such purposes or are provided for in express terms in some general appropriation. Sec. 8, act of June 26, 1912 (37 Stat. 184); 5 U. S. C. 83.

Provided further, That, in addition to the authority contained in section 67, National Defense Act of June 3, 1916, as amended, a total of not to exceed * of the appropriations available to the War Department chargeable with expenses of travel shall be available for expenses incident to attendance at meetings of technical, professional, scientific, and other similar organizations, when, in the judgment of the Secretary of War, such attendance would be of benefit in the conduct of the work of the War Department. ** Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 126). The above provision is repeated, with varying amounts, in subsequent appropriation acts. 321a. Restrictions on activities; engagement with publications.-No appropriation for the pay of the Army shall be available for the pay of any officer or enlisted man on the active list of the Army who is engaged in any manner with any publication which is or may be issued by or for any branch or organization of the Army or military association in which officers or enlisted men have membership and which carries paid advertising of firms doing business with the Government [War Department]: Provided, however, That nothing herein contained shall be construed to prohibit officers from writing or disseminating articles in accordance with regulations issued by the Secretary of War. Title