By Third Supplemental National Defense Appropriation Act of October 8, 1940 (54 Stat. 970), funds were made available during fiscal year 1941 for additional motor-transport and tank units, notwithstanding any limitation in the Military Appropriation Act, 1941. * * 1246. Reserve Officers' Training Corps; admission of Reserve officers.Provided further, That any Reserve officer who is also a medical, dental, pharmacy, or veterinary .student may be admitted to such Medical, Dental, Pharmacy, or Veterinary Corps unit for such training, under such rules and regulations as the Secretary of War may prescribe: ** * * Sec. 47c, added to act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); sec. 4, act of July 12, 1943 (57 Stat. 430); 10 U. S. C. 384. This section has been amended as above. 1247. Reserve Officers' Training Corps; courses of training. * Provided, That any medical, dental, pharmacy, or veterinary student may be admitted to a Medical, Dental, Pharmacy, or Veterinary Corps unit of the Reserve Officers' Training Corps for a course of training at the rate of ninety hours of instruction per annum for the four college years. Sec. 47c, added to act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); sec. 4, act of July 12, 1943 (57 Stat. 430); 10 U.S. C. 383. * * * * * The second paragraph of this section has been amended as above. The third paragraph of this section has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 590). 1255. Citizens' Military Training Camps; establishment, maintenance, and eligibility for membership. The second paragraph of the original text of this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1373), is not repeated in the Military Appropriation Act for the fiscal year 1942. CHAPTER 23 NATIONAL GUARD Authorized strength of the National Guard, Funds of unreconstituted units of the Na $500,000 shall be available exclusively for defraying the cost of increasing the strength of the National Guard above approximately two hundred and five thousand officers and men. * Sec. 1, Military Appropriation Act of Apr. 26, 1939 (53 Stat. 612). * The above provision is added as a new paragraph of this section. In connection with Proclamation No. 2352, September 8, 1939, proclaiming the existence of a limited national emergency, the increase as quickly as possible in the enlisted strength of existing active units of the National Guard to 235,000 was authorized by Executive Order No. 8244, September 8, 1939, with such increase in commissioned strength as is essential for command. 1269. Caretakers. That the funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase and issue of forage, bedding, shoeing, and veterinary services, and supplies for the Government animals issued to any organization, and for animals owned or hired by any State, Territory, District of Columbia, or National Guard organization, not exceeding the number of animals authorized by Federal law for such organization and used solely for miiltary purposes, and for the compensation of competent help for the care of material, animals, armament, and equipment of organizations of all kinds, under such regulations as the Secretary of War may prescribe. The compensation paid to caretakers who belong to the National Guard, as herein authorized, shall be in addition to any compensation authorized for members of the National Guard under any of the provisions of the National Defense Act. Under such regulations as the Secretary of War shall prescribe, the material, animals, armament, and equipment, or any part thereof, of the National Guard of any State, Territory, or the District of Columbia or organizations thereof, may be put into a common pool for care, maintenance, and storage; and the employment of caretakers therefor, not to exceed fifteen for any one pool, is hereby authorized. Commissioned officers of the National Guard shall not be employed as caretakers except that, under such regulations as the Secretary of War shall prescribe, one such officer not above the grade of captain for each heavier-than-air squadron, and one such officer not above the grade of captain for each pool, may be employed. Either enlisted men or civilians, may be employed as caretakers, but if there are as many as two caretakers in any unit, one of them shall be an enlisted man. Funds hereafter appropriated under the provisions of the National Defense Act, as amended, for the support of the National Guard of the several States, Territories, and the District of Columbia, shall be supplemental to moneys appropriated by the several States, Territories, and the District of Columbia, for the support of the National Guard, and shall be available for the hire of caretakers and clerks: Provided, That the Secretary of War shall, by regulations, fix the salaries of all caretakers and clerks hereby authorized to be employed, and shall also designate by whom they shall be employed. Sec. 90, act of June 3, 1916 (39 Stat. 205); sec. 46, act of June 4, 1920 (41 Stat. 783); sec. 5, act of June 6, 1924 (43 Stat. 471); sec. 1, act of May 28, 1926 (44 Stat. 673); act of Apr. 21, 1928 (45 Stat. 440); sec. 6, act of June 19, 1935 (49 Stat. 392); sec. 1, act of Oct. 14, 1940 (54 Stat. 1134); 32 U. S. C. 42. [This paragraph expired] For compensation of help for care of materials, animals, and equipment, $4,349,970, of which $212,350 shall be available exclusively for the compensation of employees engaged upon Federal property custodial and accounting work and such other work as they may be required to perform by the properly constituted State authorities: Provided, That the number of caretakers authorized to be employed for any one heavier-than-air squadron under the provisions of section 90 of the National Defense Act of June 3, 1916, as amended, may be increased from thirteen to twenty-one. Sec. 1, Military Appropriation Act of June 13, 1940 (54 Stat. 371); 32 U. S. C. 42. The first paragraph of the original text of this section was amended as indicated by first paragraph, supra. The second provision, supra, added as a new paragraph, was not repeated in the appropriation act for the fiscal year 1943. 1274. General courts-martial. Notes of Decisions I. Appointment of court.-An order signed White (Ore., 1941), 110 P. (2d) 948. by the Adjutant General of State National Guard reciting the appointment of a general court-martial, and stating among other things, the names of the trial judge advocate and defense counsel, complied with statutory requirement for appointment of a trial judge advocate and a defense counsel. Wright v. White (Ore., 1941), 110 P. (2d) 948. II. Jurisdiction.-Unless a general courtmartial convened to try an officer of the National Guard for violation of the Articles of War was convened by orders of the President or the Governor of the State, it had no jurisdiction to try the officer. Wright v. III. Preferment of charges.-It was within scope of the authority of Adjutant General of State National Guard and of an employee in his office who, respectively, had ranks of major general and major to prefer charges showing violation of Articles of War against a warrant officer in National Guard performing duties of band master in that band master made false reports as to number of men of band section present at certain assemblies, and thereby procure general courtmartial for the officer. Wright v. White (Ore., 1941), 110 P. (2d) 948. 1283. Detail to active duty in general. The appropriation, "Pay of the Army," is made available for the pay of officers of the National Guard of the United States ordered to active duty under this section by Military Appropriation Act of June 30, 1941 (55 Stat. 368). 1286a. Detail in connection with national matches. This provision, based on War Department appropriation act of May 15, 1936 (49 Stat. 1800), and subsequent acts, was not repeated in the Military Appropriation Act for the fiscal year 1942 and subsequent acts. 1302. Federal service, National Guard of the United States; general provision. For authority of the President to order the National Guard of the United States into active military service for the period of the emergency, see 2220-1 post. For policy of Congress to supplement the Regular Army with the National Guard of the United States when necessary for the national security, see 2225-1, post. 1306. Funds; appropriations authorized. By Third Supplemental National Defense Appropriation Act of October 8, 1940 (54 Stat. 970), certain funds appropriated for the National Guard in the Military Appropriation Act for the fiscal year 1941 were transferred to Regular Army appropriations. 1307. Funds; apportionment and availability. By Executive Order No. 8101, April 28, 1939, certain public lands in the State of Wyoming were withdrawn for the use of the War Department as a target range for the Wyoming National Guard. Section 1, act of June 21, 1941 (55 Stat. 256), authorizes the incorporation of the Atlanta National Guard target range, Georgia, as a part of the Fort McPherson Military Reservation. 1308. Funds; disbursement and accounting. The second paragraph of this section, based on the War Department Appropriation Act of July 14, 1932 (47 Stat. 684), was not repeated in the Military Appropriation Act for the fiscal year 1943. 1311. Funds of unreconstituted units of the National Guard. This section, based on Public Resolution of March 3, 1927 (44 Stat. 1404); 32 U. S. C. 195, has been eliminated from the Code. 1319. Federal property; liability for loss, damage, or destruction. The third paragraph of the original text of this section, based on War Department Appropriation Act of April 9, 1935 (49 Stat. 140), 32 U. S. C. 47-1, was not repeated in the Military Appropriation Act for the fiscal year 1943. 1323. State troops; maintenance and use.- -(a) No State or Territory or Puerto Rico or the Canal Zone shall maintain troops in time of peace other than as authorized in accordance with the organization prescribed under this Act: Provided, That nothing contained in this Act shall be 'construed as limiting the rights of the States and Territories and Puerto Rico and the Canal Zone in the use of the National Guard within their respective borders in time of peace: Provided further, That nothing contained in this Act shall prevent the organization and maintenance of State or Territorial police or constabulary. (b) Under such regulations as the Secretary of War may prescribe for the organization, standards of training, instruction, and discipline, the organization by and maintenance within any State or Territory or Puerto Rico or the Canal Zone of such military forces other than a National Guard as may be provided by the laws of such State or Territory is hereby authorized while any part of the National Guard of the State or Territory or Puerto Rico or the Canal Zone concerned is in active Federal service: Provided, That under such regulations as the Secretary of War may prescribe for the organization, standards of training, instruction, and discipline, the organization by and maintenance within the Virgin Islands of the United States of such military forces as may be provided by the laws of the Legislative Assembly of the Virgin Islands is hereby authorized: Provided further, That such forces shall not be called, ordered, or in any manner drafted, as such, into the military services of the United States; however, no person shall, by reason of his membership in any such unit, be exempted from military service under any Federal law: Provided further, That the Secretary of War is authorized in his discretion and under such regulations as he may prescribe to use appropriations for the Military Establishment for any expenses of the United States incident to the training of the military forces authorized by this subsection except for pay, subsistence, medical care and treatment, and transportation of members of such military forces between their homes and the places of performance of such training: And provided further, That the Secretary of War, in his discretion and under regulations determined by him, is authorized to issue, from time to time, for the use of such military units, to any State or Territory or Puerto Rico or the Virgin Islands or the Canal Zone, upon requisition of the Governor thereof, such arms, ammunition, clothing, and equipment as he deems necessary. The provisions of this subsection shall terminate upon the expiration of six months after the termination of the present war, or at such earlier time as the Congress by concurrent resolution, or the President by proclamation, may designate. Sec. 61, act of June 3, 1916 (39 Stat. 198); act of Oct. 21, 1940 (54 Stat. 1206); act of Aug. 18, 1941 (55 Stat. 628); act of Oct. 1, 1942 (56 Stat. 762); act of June 26, 1944 (58 Stat. 359); 32 U. S. C. 194. This section has been amended as above. Notes of Decisions In general.-A sult to enjoin the Governor | validity of no statute of the State is chalof a State from employing military force lenged, but merely the legality of the Govin alleged violation of plaintiff's constitu- ernor's actions done under color of general tional rights, can not be maintained in a provisions of the State constitution and laws three-judge District Court under Judicial Code conferring his executive and military powers. section 266, or be reviewed by direct appeal Philips v. U. S. (1941), 812 U. S. 246. to this Court under that section, where the 1325. Training; drill and indoor target practice.-Under such regulations as the Secretary of War shall prescribe, each company, troop, battery, and detachment in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year. Provided, That an assembly for drill and instruction may consist of a single duly ordered formation of a company, troop, battery, or detachment, or when so authorized by the Secretary of War of a series of duly ordered formations of subdivisions or parts thereof, but in the latter case the series of formations of subdivisions or groups must comprehend and include the entire organization, and must be included within the time limit of seven consecutive days within a calendar month. The sum total of the attendance at all the separate consecutive formations announced as constituting that assembly shall be counted as the attendance at the actual military assembly for the required period of time; but no officer, warrant officer, or enlisted man shall be counted more than once, nor receive credit for more than one required period of actual military attendance even though he may have attended more than one of the formations which constitute the assembly for the required period of time: Provided further, That credit for an assembly for drill or for indoor target practice shall not be given unless the number of officers and enlisted men present for duty at such assembly shall equal or exceed a minimum to be prescribed by the President, nor unless the period of actual military duty and instruction participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present shall be of at least one and one-half hours' duration and the character of training such as may be prescribed by the Secretary of War: Provided further, That any flight ordered by competent authority and performed by an appropriately rated Air Corps officer or enlisted man of the National Guard assigned to an Air Corps unit thereof, or so performed by an officer or enlisted man of the Medical Department of the said National Guard regularly attached to an Air Corps unit of the National Guard by appropriate authority, may be credited for the same 646631°-45-25 |