ation committing a homicide while prisoner | not barred from punishment by court-martial was on duty as member of State militia in though committed in time of peace (Mo. St. flood area, since the charge was man- Ann. secs. 3997, 4471, pp. 2800, 3069; 10 slaughter, not a capital crime, and thus was U. S. C. A. sec. 1565). Id. 1275. Special courts-martial.-In the National Guard, not in the service of the United States, the commanding officer of each garrison, fort, post, camp, or other place, brigade, regiment, detached battalion, or other detached command, may appoint special courts-martial for his command; but such special courtsmartial may in any case be appointed by superior authority when by the latter deemed desirable. Special courts-martial shall have power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the military laws of the United States, and such special courts-martial shall have the same powers of punishment as do general courtsmartial except that fines imposed by such courts shall not exceed $100. Sec. 104, act of June 3, 1916 (39 Stat. 208); 32 U. S. C. 93. 1276. Summary courts-martial.-In the National Guard, not in the service of the United States, the commanding officer of each garrison, fort, post, or other place, regiment or corps, detached battalion, company, or other detachment of the National Guard may appoint for such place or command a summary court to consist of one officer, who shall have power to administer oaths and to try the enlisted men of such place or command for breaches of discipline and violations of law governing such organizations; and said court, when satisfied of the guilt of such soldier, may impose fines not exceeding $25 for any single offense; may sentence noncommissioned officers to reduction to the ranks; may sentence to forfeiture of pay and allowances. The proceedings of such court shall be informal, and the minutes thereof shall be the same as prescribed for summary courts of the Army of the United States. Sec. 105, act of June 3, 1916 (39 Stat. 208); 32 U .S. C. 94. 1277. Courts-martial; power to issue warrants for arrest.-In the National Guard, not in the service of the United States, presidents of courts-martial and summary court officers shall have power to issue warrants to arrest accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue subpoenas and subpoenas duces tecum and to enforce by attachment attendance of witnesses and the production of books and papers, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. Sec. 108, act of June 3, 1916 (39 Stat. 209); 32 U. S. C. 97. All 1278. Courts-martial; execution of processes and sentences.processes and sentences of said courts shall be executed by such civil officers as may be prescribed by the laws of the several States and Territories, and in any State where no provision shall have been made for such action, and in the Territories and the District of Columbia, such processes and sentences shall be executed by a United States marshal or his duly appointed deputy, and it shall be the duty of any United States marshal to execute all such processes and sentences and make return thereof to the officer issuing or imposing the same. Sec. 108, act of June 3, 1916 (39 Stat. 209); 32 U. S. C. 97. Notes of Decisions Custody of accused.-Under the laws of pending completion of a court of inquiry, Alabama (secs. 1600 (1), (49), (51), (52), held legal. Harbin v. State (Ala., 1930), and 1600 (48), subsec. C (1)), sheriff's cus- 131 So. 547. tody of a member of the National Guard, 1279. Courts-martial; sentences of confinement.-All courts-martial of the National Guard, not in the service of the United States, including summary courts, shall have power to sentence to confinement in lieu of fines authorized to be imposed: Provided, That such sentences of confinement shall not exceed one day for each dollar of fine authorized. Sec. 106, act of June 3, 1916 (39 Stat, 209); 32 U. S. C. 95. 1280. Courts-martial; sentences of dismissal or dishonorable discharge.-No sentence of dismissal from the service or dishonorable discharge, imposed by a National Guard court-martial, not in the service of the United States, shall be executed until approved by the governor of the State or Territory concerned, or by the commanding general of the National Guard of the District of Columbia. Sec. 107, act of June 3, 1916 (39 Stat. 209); 32 U. S. C. 96. 1281. This section, based on sec. 81, National Defense Act, as amended, 32 U. S. C. 70, was repealed by section 16, act of June 15, 1933 (48 Stat. 159). 1282. Detail to duty with General Staff or National Guard Bureau.-In time of peace the President may order to active duty, with their consent, officers of the National Guard of the United States for the purposes set forth in sections 5 and 81 of this Act. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); 32 U. S. C. 142a. * * The President may also order, with their consent, to active duty in the National Guard Bureau, not more than four officers who at the time of their initial assignments hold appointments in the National Guard of the United States, * Sec. 81, act of June 3, 1916 (39 Stat. 203); sec. 44, act of June 4, 1920 (41 Stat. 782); sec. 4, act of Sept. 22, 1922 (42 Stat. 1034); sec. 3, act of Feb. 28, 1925 (43 Stat. 1076); sec. 16, act of June 15, 1933 (48 Stat. 160); 32 U. S. O. 175. For section 5 of the act, see 1258, ante. to duty hereunder, see 1557, post. For pay and allowances of officers ordered 1283. Detail to active duty in an emergency.-To the extent provided for from time to time by appropriations for this specific purpose, the President may order officers of the National Guard of the United States to active duty in an emergency at any time and for the period thereof: Provided, That, except in time of a national emergency expressly declared by Congress, no officer of the National Guard of the United States shall be employed on active duty for more than fifteen days in any calendar year without his own consent. * * Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); sec. 1, act of June 19, 1935 (49 Stat. 391); 32 U. S. C. 81c. For active duty in time of national emergency, see 1302, post. the 1284. Detail to command tactical units of the National Guard.President may assign the National Guard of the several States and Territories and the District of Columbia to * tactical units, and may detail officers either from the National Guard or Regular Army to command such units: Provided, That where complete units are organized within a State, Territory, or the District of Columbia the commanding officers thereof shall not be displaced under the provisions of this section. Sec. 64, act of June 3, 1916 (39 Stat. 198); 32 U. S. C. 8. 1285. Detail as assistant to chief of staff of National Guard division.The President may detail one officer of the * * * National Guard as assistant to the chief of staff of any division of the National Guard in the service of the United States as a National Guard organization: * ́ Sec, 65, act of June 3, 1916 (39 Stat. 199); 32 U. S. C. 10.. 1286. Detail as instructors in the use of arms. That the President * Na may detail capable officers and noncommissioned officers of the tional Guard to duty at such ranges as instructors for the purpose of training the citizenry in the use of the military arm. Sec. 113, act of June 3, 1916 (39 Stat. 211); 32 U. S. C. 183. Provided fur 1286a. Detail in connection with national matches.ther, That officers, warrant officers, and enlisted men of the National Guard * may be ordered to duty, with their consent, for the care, maintenance, and operation of the ranges used in the conduct of the national matches * Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1300). This provision has been repeated in subsequent appropriation acts. 1287. Discharge and withdrawal of Federal recognition; officers and warrant officers. The appointments of officers and warrant officers of the National Guard may be terminated or vacated in such manner as the several States, Territories, and the District of Columbia shall provide by law. Whenever the appointment of an officer or warrant officer of the National Guard of a State, Territory, or the District of Columbia has been vacated or terminated or upon reaching the age of sixty-four, the Federal recognition of such officer shall be withdrawn and he shall be discharged from the National Guard of the United States: Provided, That under such regulations as the Secretary of War may prescribe, upon termination of service in the active National Guard, an officer of the National Guard of the United States may, if he makes application therefor, transfer to the inactive National Guard and remain in the National Guard of the United States in the same or lower grade. When Federal recognition is withdrawn from any officer or warrant officer of the National Guard of any State, Territory, or the District of Columbia, as provided in section 76 of this Act or upon reaching the age of sixty-four years, he shall thereupon cease to be a member thereof and shall be given a discharge certificate therefrom by the official authorized to appoint such officer. Sec. 77, act of June 3, 1916 (39 Stat. 202); sec. 14, act of June 15, 1933 (48 Stat. 159); sec. 4, act of June 19, 1935 (49 Stat. 391); 32 U. 8. C. 114. Under such regulations as the President shall prescribe the capacity and general fitness of any officer or warrant officer of the National Guard of the several States, Territories, and the District of Columbia for continued Federal recognition may at any time be investigated by an efficiency board of officers senior in rank to the officer under investigation, appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both. If the findings of said board be unfavorable to the officer under investigation and be approved by the President, Federal recognition shall be withdrawn and he shall be discharged from the National Guard of the United States. Federal recognition may be withdrawn by the Secretary of War and his appointment in the National Guard of the United States may be terminated when an officer or warrant officer of the National Guard of any State, Territory, or the District of Columbia has been absent without leave for three months. Sec. 76, act of June 3, 1916 (39 Stat. 202); sec. 13, act of June 15, 1933 (48 Stat. 158); 32 U. S. C. 115. Notes of Decisions War Department may summarily withdraw Federal recognition from local National Guard and officers found on inspection lacking in required qualifications. This ac tion may be taken without a trial and is not subject to judicial review. Hurley v. U. S. ex rel. Gladman (App. D. C., 1931), 47 F. (2d) 431. 1288. Discharge of enlisted men.-An enlisted man discharged from service in the National Guard and the National Guard of the United States shall receive a discharge in writing in such form and with such classification as is or shall be prescribed for the Regular Army, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the Secretary of War may prescribe. Sec. 72, act of June 3, 1916 (39 Stat. 201); sec. 40, act of June 4, 1920 (41 Stat. 781); sec. 10, act of June 15, 1933 (48 Stat. 157); 32 U. S. C. 125. 1289. Enlistment in National Guard and National Guard of the United States.Original enlistments in the National Guard and in the National Guard of the United States shall be for a period of three years, and subsequent enlistments for periods of one or three years each: Provided, That all enlisted men of the National Guard on the date of approval of this Act may, under such regulations as may be prescribed by the Secretary of War, be enlisted in grade, rating, and branch in the National Guard of the United States for the remaining unexpired portions of their enlistments in the National Guard: And provided further, That in the event of an emergency declared by Congress the period of any enlistment which otherwise would expire may by Presidential proclamation be extended for a period of six months after the termination of the emergency. Sec. 69, act of June 3, 1916 (39 Stat. 200); sec. 37, act of June 4, 1920 (41 Stat. 781); sec. 4, act of June 6, 1924 (43 Stat. 470); sec. 7, act of June 15, 1933 (48 Stat. 156); 32 U. S. C. 124. 1290. The text of this section as published in the 1929 Edition, based on section 70, act of June 3, 1916 (39 Stat. 201), as amended; 32 U. S. C. 123, was repealed by section 8, act of June 15, 1933 (48 Stat. 156). For current law, see 1294a, post. 1291. Enlistment in inactive National Guard. Men duly qualified for enlistment in the active National Guard may enlist for one term only in the inactive National Guard and in the National Guard of the United States for a period of one or three years, under such regulations as the Secretary of War shall prescribe, and on so enlisting they shall sign an enlistment contract and subscribe to the oath or affirmation in section 70 of this Act. Sec. 78, act of June 3, 1916 (39 Stat. 202); sec. 42, act of June 4, 1920 (41 Stat. 782); sec. 2, act of Feb. 28, 1925 (43 Stat. 1076); sec. 15, act of June 15, 1933 (48 Stat. 159); 32 U. S. C. 132. For section 70, supra, see 1294a, post. For transfers to the inactive National Guard, see 1329, post. 1292. For text of this section as published in the 1929 Edition, see 1266e, ante. 1293. For text of this section as published in the 1929 Edition, see 1266c, ante. 1294. Oath of office; officers and warrant officers.-Commissioned officers and warrant officers of the National Guard of the several States, Territories, and the District of Columbia and in the National Guard of the United States shall take and subscribe to the following oath of office: "I, -- do solemnly swear that I will support and defend the Constitution of the United States and the constitution of the State of -- against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of ------; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ------ in the National Guard of the United States and of the State of upon which I am about to enter, so help me God." Sec. 73, act of June 3, 1916 (39 Stat. 201); sec. 11, act of June 15, 1933 (48 Stat. 157); 32 U. S. C. 112. 1294a. Oath of enlistment.-Men enlisting in the National Guard of the several States, Territories, and the District of Columbia, and in the National Guard of the United States, shall sign an enlistment contract and subscribe to the following oath or affirmation: "I do hereby acknowledge to have voluntarily enlisted this day of ‒‒‒‒‒‒, 19, as a soldier in the National Guard of the United States and of the State of for the period of three (or one) year--, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the State of ------, and 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 of the Governor of the State of and of the officers appointed over me according to law and the rules and Articles of War." That the oath of enlistment prescribed in this section may be taken before any officer of the National Guard authorized to administer oaths of enlistment in the National Guard of the several States, Territories, and the District of Columbia, by respective laws thereof. All oaths of enlistment heretofore administered by the officers described above are hereby validated. Sec. 70, act of June 3, 1916 (39 Stat. 201); sec. 38, act of June 4, 1920 (41 Stat. 781); sec. 8, act of June 15, 1933 (48 Stat. 156); sec. 3, act of June 19, 1935 (49 Stat. 391); 32 U. S. C. 123. 1295. Federal service, National Guard; general provision. That whenever the United States is invaded or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable with the regular forces at his command to execute the laws of the Union, it shall be lawful for the President to call forth such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose, through the governor of the respective State or Territory, or througn the commanding general of the militia of the District of Columbia, from which State, Territory, or District such troops may be called, to such officers of the militia as he may think proper. Sec. 4, act of Jan. 21, 1903 (32 Stat. 776); sec. 3, act of May 27, 1908 (35 Stat. 400); 32 U. S. C. 81a. That whenever the President calls forth the organized militia of any State, Territory, or of the District of Columbia, to be employed in the service of the United States, he may specify in his call the period for which such service is required, and the militia so called shall continue to serve during the term so specified, either within or without the Territory of the United States, unless sooner relieved by order of the President: Provided, That no commissioned officer or enlisted man of the organized militia shall be held to service beyond the term of his existing commission or enlistment: * * * Sec. 5, act of Jan. 21, 1903 (32 Stat. 776); sec. 4, act of May 27, 1908 (35 Stat. 400); 32 U. S. C. 81b. That when the militia of more than one State is called into the actual service of the United States by the President he may, in his discretion, apportion them among such States or Territories or to the District of Columbia according to representative population. Sec. 6, act of Jan. 21, 1903 (32 Stat. 776); 32 U. S. C. 81b. There being no provision in the current law for raising volunteer forces, the second proviso of the second paragraph of the 1929 text of this section has been omitted. (J. A. G. 010.3, Dec. 12, 1929, p. 20.) For draft of the National Guard (as distinguished from call), see 1302-1304, post. 136307-40 40 |