transportation and subsistence to pay them travel allowances at the rate of 5 cents per mile or, at the option of the Secretary of War, transportation in kind may be furnished, and in addition thereto candidates may be paid a subsistence allowance at the rate of 1 cent a mile within such limits as to territory as the Secretary of War may prescribe for the distance by the shortest usually traveled route from the places from which they are authorized to proceed to the camp, and for the return travel thereto, and to make the payment of travel allowances for the return journey in advance of the actual performance of the same, and medical attendance and supplies to persons receiving instruction at said camps during the period of their attendance thereat, * *. Sec. 47d, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); act of Mar. 9, 1928 (45 Stat. 251); 10 U. S. C. 442.

*

1588a. Travel expense, rifle competition; National Guard and Organized Reserves.-⭑ Provided, That officers, warrant officers, and enlisted men of the National Guard and Organized Reserves, who, under regulations prescribed by the Secretary of War, volunteer to participate without pay as competitors or range officers in the national matches to be held during the fiscal year 1937, may attend such matches without pay, notwithstanding any provision of law to the contrary, but shall be entitled to travel and subsistence allowances at the same rates as are provided for civilians who attend and participate in said matches, but this proviso shall not operate to prohibit the pay of such competitors or range officers, provided funds for such payment are available from the appropriation "Promotion of rifle practice, 1937," nor shall any provision in this Act operate to deprive a reserve officer ordered to active duty incident to the national matches of pay for the full period of such active duty, provided funds for such payment are available from the appropriation "Promotion of rifle practice, 1937": *. Title I, War Department appropriation act of

* *

May 15, 1936 (49 Stat. 1299).

This provision has been repeated in subsequent appropriation acts.

1589. Travel expense, rifle competition; civilians.-Hereafter the Secretary of War shall, within the limits of appropriations made from time to time by Congress and in accordance with reasonable rules and regulations approved by him upon the recommendation of the National Board for the Promotion of Rifle Practice, authorize and provide for

(g) Transportation of employees, instructors, and civilians to give or undergo instruction or to assist or engage in practice in the use of rifled arms, and the transportation and subsistence, or commutations in lieu of subsistence, of members of teams especially authorized by the Secretary of War to participate in matches or competitions in the use of rifled arms, making a full report of all things done hereunder annually to Congress. Act of June 7, 1924 (43 Stat. 510); 32 U. S. C. 181.

Provided, That no competitor shall be entitled to commutation of rations in excess of $1.50 per day, and when meals are furnished no greater expenses than that sum per man per day for the period the contest is in progress: Provided further, That in lieu of traveling expense and commutation of rations while traveling the sum of 5 cents per mile may be paid to civilian competitors, and such travel pay for the return trip may be paid in advance of the performance of the travel. Sec. 2, act of May 28, 1928 (45 Stat. 786); 32 U. S. C. 181b.

The second paragraph of the 1929 text of this section, based on act of June 5, 1920 (41 Stat. 966); 32 U. S. C. 185, should be omitted as superseded by the second paragraph, supra. (J. A. G. 010.3, July 10, 1931, page 142.)

1590. For text of this section as published in the 1929 Edition, see 1315, ante. 1591. Reserve Officers' Training Corps; commutation of subsistence.--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 advanced training by the president of the institution and by the 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 at the institution, devoting five hours per week to the military training prescribed by the Secretary of War, and has agreed in writing to pursue the course in camp training prescribed by the Secretary of War, he may be furnished at the expense of the United States 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, not exceeding two years: *. Sec. 47c, added to act of

* *

June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778); 10 U. S. C. 387. * and if at the end of two years of such training he has been selected by the professor of military science and tactics and the head of the institution for advanced training, and has agreed in writing to continue in the Reserve Officers' Training Corps for the remainder of his course at the institution, and has agreed in writing to pursue the course 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, not exceeding two years: * * *. Sec. 47c, added to the act of June 3, 1916, by sec. 34, act of June 4, 1929 (41 Stat. 778); 10 U. S. C. 387a.

The second paragraph refers to medical, dental, and veterinary students admitted under the provisions of 1247, ante.

1592. Reserve Officers' Training Corps; commutation of uniforms.-The Secretary of War, under such regulations as he may prescribe, is hereby authorized * to pay commutation in lieu of uniforms at a rate to be fixed annually by the Secretary of War, * *. Sec. 47, act of June 3, 1916 (39 Stat. 192); sec. 34, act of June 4, 1920 (41 Stat. 777); 10 U. S. C. 389.

*

Pro

1592a. Reserve Officers' Training Corps; training camp pay.-* vided further, That members of the Reserve Officers' Training Corps, or other persons authorized by the Secretary of War to attend advanced course camps, shall be paid for attendance at such camps at the rate prescribed for soldiers of the seventh grade of the Regular Army. Sec. 47c, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 443.

The Secretary of War is hereby authorized * * * to transport members 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 appropriations will permit, or in lieu of transporting them to and from such camps and subsisting them while en route, to pay them travel allowances at the rate of 5 cents per mile for the distance by the shortest usually traveled route from the places from which they are authorized to proceed to the camp and for the return travel thereto, and to make the payment of travel allowances for the return journey in advance of the actual performance of the same. Sec. 47a, added to the act of June 3, 1916, by sec. 34, act of June 4. 1920 (41 Stat. 778); 10 U. 8. C. 441.

1593. For first paragraph of 1929 text, see 1555, ante.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 28) that the second paragraph, based on section 1, act of August 29, 1916 (39 Stat. 624); 32 U. S. C. 155, be omitted as obsolete. It has been omitted from the Military Laws.

1594. The text of this section as published in the 1929 Edition, based on section 6, act of March 4, 1923 (42 Stat. 1508), as amended; 10 U. S. C. 451, 452, 453; 32 U. S. C. 161, 162, 163, has been expressly repealed. See 1088, ante.

1595. Payment for 31st of month.-That, hereafter members of the National Guard, the Officers' Reserve Corps, and the Enlisted Reserve Corps who have or shall become entitled for a continuous period of less than one month to Federal pay at the rates fixed for the Regular Army, whether by virtue of a call by the President, of attendance at school or maneuver, or of any other cause, and whose accounts have not yet been settled, shall receive such pay for each day of such period, and the thirty-first day of a calendar month shall not be excluded from the computation. Sec. 3, act of Sept. 14, 1922 (42 Stat. 841); act of May 11, 1926 (44 Stat. 531); 32 U. S. C. 159.

As referring to the National Guard only, this provision occurred in War Department appropriation acts of June 30, 1920 (41 Stat. 973), June 30, 1921 (42 Stat. 93), and June 30, 1922 (42 Stat. 749). By act of Sept. 14, 1922 (42 Stat. 841), sec. 3, the "Officers' Reserve Corps" was added, and by act May 11, 1926 (44 Stat. 531) the "Enlisted Reserve Corps" was included.

1596. Payment in advance; general provision. That hereafter the payments authorized by section 3, act of September 14, 1922 (Public Numbered 299, Sixtyseventh Congress), may include the entire amount lawfully accruing to such officers as pay, allowances, and mileage on account of such service, and, including pay and mileage for their return home, may be paid to the officers during said period and prior to their departure from the camp or other place at which such service is performed. Sec. 3, act of Mar. 4, 1923 (42 Stat. 1508); 32 U.S. C. 159.

1597. For text of this section as published in the 1929 Edition, see 1558, ante.

1598. Payment to recipients of pension, disability or retirement benefits.--No part of the appropriations made in this Act shall be available for pay, allowances, or traveling or other expenses of any officer or enlisted man of the National Guard who may be drawing a pension, disability allowance, disability compensation, or retired pay (where retirement has been made on account of physical disability or age) from the Government of the United States: Provided, That nothing in this provision shall be so construed as to prevent the application of funds herein contained to the pay, allowances, or traveling expenses of any officer or enlisted man of the National Guard who may surrender said pension, disability allowance, disability compensation, or retired pay for the period of his service in the National Guard: Provided further, That adjutants general who may be drawing such emoluments may be continued in a federally recognized status without pay under this Act. Title I, War Department appropriation act of April 9, 1935 (49 Stat. 139).

No appropriation made in this Act shall be available for pay, allowances, or traveling or other expenses of any officer of the Organized Reserves who may be drawing a pension, disability allowance, disability compensation, or retired pay from the Government of the United States: Provided, That nothing in this provision shall be so construed as to prevent the application of funds herein contained to the pay, allowances, or traveling expenses of any officer or enlisted man of the Reserve Corps who may surrender said pension, disability allowance, disability compensation, or retired pay for the period of his active duty in the

Reserve Corps. Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 141).

The above provisions have been repeated in subsequent appropriation acts.

For renouncement of pension rights, see 1144, ante.

A similar provision as to officers and enlisted men of the Naval and Marine Corps Reserves is found in sec. 1, act of March 15, 1934, making appropriations for the Navy Department (48 Stat. 408), and subsequent appropriation acts.

Notes of Decisions

National Guard personnel.-Under the first paragraph of this section, officers in National Guard receiving pension from United States cannot, without surrendering pension, receive benefits extended by Federal Government to members of State militia (Act, Mar. 4, 1933, sec. 1 (47 Stat. 1589); Const. art. 1, sec. 8, cl. 16). U. S. v. Dern (App. D. C., 1934), 74 F. (2d) 485.

The first paragraph of this section, making certain members of National Guard ineligible for Federal pay except on surrender of Government pension, held not repealed by subsequent general act relating to militia organization (Act, Mar. 4, 1933, sec. 1 (47 Stat. 1589); Const. art. 1, sec. 8, cl. 16). Id.

That Federal Government withdrew its recognition from brigadier general of State National Guard because of general's refusal to surrender his Federal pay as a retired officer did not operate to cancel general's commission in National Guard, since government of militia is within the province of the State until militia has been called into national service (National Defense Act, 39 Stat. 166, as amended; Act Cong. March 4, 1933, 47 Stat. 1589; Military Law, secs. 30, 31, 71; Const. N. Y. art. 4, sec. 4; art. 11, sec. 6; Const. U. S. art. 1, sec. 8, cl. 16). People ex rel. Gillett v. De Lamater (1936), 287 N. Y. S. 979.

1599. Prisoners of war.-Every officer, noncommissioned officer, and private of any militia or volunteer corps in the service of the United States who is captured by the enemy, shall be entitled to receive during his captivity, notwithstanding the expiration of his term of service, the same pay, subsistence, and allowance to which he may be entitled while in the actual service of the United States; but this provision shall not be construed to entitle any prisoner of war of such militia corps to any pay or compensation after the date of his parole, except the traveling expenses allowed by law. R. S. 1288; 10 U. S. C. 846.