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the total number of enlisted men of the Army now authorized by law. Act of Mar. 3, 1909 (35 Stat. 733); 10 U. 8. O. 1174. For saving clause as to service-school detachments, see 1920, post.
100. Detachment at U. S. disciplinary barracks.—* 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;
Par. 4, sec. 2, act of Mar. 4, 1915 (38 Stat. 1085); 10 U.S. C. 1454.
101. Indian scouts.-The President is authorized to enlist a force of Indians not exceeding one thousand, who shall act as scouts in the Territories and Indian country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department commander. R. 8. 1112; 10 U. S. C. 611.
That so much of the Army appropriation of twenty-fourth July, eighteen hundred and seventy-six, as limits the number of Indian scouts to three hundred is hereby repealed; and sections ten hundred and ninety-four and eleven hundred and twelve of the Revised Statutes, authorizing the employment of one thousand Indian scouts, are hereby continued in force: Provided, That a proportionate number of noncommissioned officers may be appointed.
Act of Aug. 12, 1876 (19 Stat. 131); 10 U. 8. C. 611.
A force of Indian scouts, not exceeding 1,000, was authorized by R. S. 1094, as well as by this section. The Army appropriation act of July 24, 1876 (19 Ştat. 97), provided payment for only 300 Indian scouts. But the implied limitation was repealed, and the provisions of R. S. 1094, 1112, authorizing the employment of 1,000 Indian scouts, were continued in force, and other provisions relating to such scouts were made by act of Aug. 12, 1876 (19 Stat. 131), supra. "Indian scouts as now authorized by law" were included in the composition of the Army by sec. 1, act of Feb. 2, 1901, but were omitted from the composition of the Regular Army by sec. 2, act of June 3, 1916. Indian scouts are included in sec. 2, act of June 4, 1920, ante, 6. The enlistment of natives of the Philippine Islands, to be organized as scouts, was authorized by sec. 36 of tbat act, 103, post. See 1920, post, for saving clause as to Indian scouts.
102. Retired officers; status.-Officers retired from active service shall be withdrawn from command and from the line of promotion. R. S. 1255; 10 U.S. C. 1024.
Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. R. S. 1256; 10 U. S. C. 1023.
Officers and men on the retired list were made subject to the Articles of War by art. 2 thereof, 359, post. The pay and allowances of retired officers were prescribed by 1383, 1383a, post. Retired officers may be assigned to duty as provided in 207a, post, et seq.
Retired officers are specifically excepted from the provision forbidding all persons holding an office, the salary or annual compensation attached to which amounts to $2,500, from holding any other lucrative office, contained in 1315a, post. See also 1385, 1383a, 1388, 174, 199, 215, 221, post.
103. Philippine Scouts; composition and organization. That when in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist natives of those islands for service in the Army, The total number of enlisted men in said native organizations shall not exceed
Sec. 36, act of Feb. 2, 1901 (31 Stat. 757); 10 U.S. C. 321, 333.
The President is authorized to form the Philippine Scouts into such branches and tactical units as he may deem expedient, within the limit of strength prescribed by law, organized similarly to those of the Regular Army, the officers to be detailed from those authorized in section 4 hereof.
Nothing in this act shall be construed to alter in any respect the present status of enlisted men of the Philippine Scouts. Sec. 22a, added to the act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat, 770); 10 U. 8. C. 321.
The President is authorized at any time to disband the Philippine Scouts or to reduce the personnel thereof. Sec. 301, Title III, Part II, act of June 30, 1932 (47 Stat. 407); 10 U. 8. C. 321a.
By sec. 36, act of Feb. 2, 1901, it was provided that the pay and allowances of provisional officers of native organizations should be the same as for officers of like grade in the Regular Army.
See 1920, post, for saving clause as to Philippine Scouts.
For provision including officers of the Philippine Scouts in the reduced strength of commissioned personnel and for their place on the promotion list and promotion, see 107, 283, post.
104. Philippine Scouts; command when assisting constabulary.—That any companies of Philippine scouts ordered to assist the Philippine constabulary in the maintenance of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided : Provided, That when the Philippine scouts shall be ordered to assist the Philippine constabulary, said scouts shall not at any time be placed under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary. Sec. 2, act of Jan. 30, 1903 (32 Stat. 783); 10 U. S. 0. 335.
105. This section, based on section 22a, added to act of June 3, 1916, by section 22, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 324, is omitted as executed. (J. A. G. 010.3, November 12, 1929, page 72.)
106. Philippine Scout officers; appointment.-* No further appointments shall be made as officers of Philippine Scouts except of citizens of the Philippine Islands, who may be appointed in the grade of second lieutenant, under such regulations as the President may prescribe.
Sec. 22a, added to act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 770); 10 U. 8. C. 323.
A provision of section 22a, National Defense Act, as amended June 4, 1920, which is omitted as fully executed, provided that all officers of the Philippine Scouts on the active list who were citizens of the United States and found qualified, should be recommissioned in some one of the branches, those not so recommissioned to continue to serve under their commissions as officers of the Philippine Scouts.
Prior to the above, officers for the Philippine Scouts were transferred from the line of the Army under the provisions of sec. 36, act of Feb. 2, 1901 (31 Stat. 757). See also 107, post.
For authority to detail retired officers of the Philippine Scouts as instructors at educational institutions, see 215, post.
107. Philippine Scout officers; promotion and classification.-* Officers commissioned in the Philippine Scouts shall be subject to promotion, classification, and elimination, as hereinafter prescribed for officers of the Regular Army.
Sec. 22a, added to the act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 770); 10 U. S. C. 326.
officers of the Phillippine Scouts who shall continue to be carried on the promotion list and who shall be promoted to grades from first lieutenant to colonel, inclusive, in the same manner as prescribed by law for other officers
on the promotion list :
Act of June 30, 1922 (42 Stat. 722); 10 U. 8. C. 482.
For credit to retired officers of the Philippine Scouts of service at educational institutions for longevity pay purposes, and for promotion, where service was performed prior to June 10, 1922, see 1388, post.
108. Philippine Scout officers; concurrent commissions in drafted forces.That officers of the Philippine Scouts be, and they hereby are, made eligible to appointment as officers in the militia or other locally created armed forces in the Philippine Islands which have been or shall hereafter be drafted into the service of the United States; and any such officer of the Philippine Scouts so appointed as an officer in said drafted forces shall not thereby vacate his commission in the Philippine Scouts, and in case his commission in said Philippine Scouts shall terminate while holding a commission in said drafted forces as aforesaid, he shall thereupon be eligible to reappointment as an officer of said Philippine Scouts notwithstanding his retention of a commission in said drafted forces. Sec. 1, act of March 30, 1918 (40 Stat. 500); 10 U. 8. C. 322.
That in computing period of service for any purpose officers of the Philippine Scouts shall be credited with all time served as commissioned officers in the drafted forces mentioned in section one of this act. Sec. 2, act of March 30, 1918 (40 Stat. 501); 10 U. 8. C. 325.
This section has been held to be permanent and properly included in the United States Code (Memo. J. A. G. October 9, 1930).
109. Leader of the Army Band.--That the Secretary of War is hereby authorized to appoint a warrant officer of the Regular Army leader of the Army Band, who, while holding such appointment, shall receive, in lieu of any and all pay and allowances as warrant officer, the base pay and the allowances of a captain of the Regular Army in the third pay period and shall be entitled to longevity pay provided for an officer for each three years of service under such appointment plus any previous active commissioned service under a Federal appointment which the appointee may have had, but shall not be entitled to pass to a higher pay period. The leader of the Army Band may be relieved from his appointment as such and returned to his former status at the discretion of the Secretary of War. Upon retirement he shall be retired as a warrant officer and shall receive the retired pay to which he would have been entitled had he not been appointed and received the pay and allowances of leader of the Army Band: Provided, That no back pay or allowances shall be allowed to the leader of the Army Band by reason of the passage of this Act: And provided further, That nothing contained in this act shall operate to increase the authorized number of commissioned officers or warrant officers of the Regular Army, nor to decrease the number of warrant officers authorized by law. Act of Mar. 3, 1925 (43 Stat, 1100); 10 U.S. C. 11.
The Army Band, now stationed at Washington Barracks, D. C., was not created by statute, but by Army orders, and is above first given statutory recognition.
For provision as to allowance for quarters and subsistence of members while sick in hospital or absent from permanent duty stations, see 1489, post.
The act of June 7, 1935 (49 Stat. 331), gives the leaders of the United States Navy Band and the United States Marine Corps Band the rank, pay, and allowances of a lieutenant in the Navy and a captain in the Marine Corps, respectively, with retirement privileges. The act of April 14, 1936 (49 Stat. 1936), gives "the present leader of the Army Band” the rank, pay and allowances of a captain in the Army and the right to retirement as a captain in the same manner as other officers of the Army of such rank and length of service.
110. Regular Army Reserve.--Under such regulations as the President may prescribe there shall be organized and maintained as a part of the Regular Army and in addition to the authorized strength thereof otherwise provided a Regular Army Reserve. Any person who has served in the Regular Army and who has been honorably discharged therefrom, and who is less than thirty-six years of age may, under regulations prescribed by the President, be reenlisted for the Regular Army Reserve. Each soldier thus reenlisted shall be entitled to receive, during each year of his service in the Regular Army Reserve, an enlistment allowance of $24 per annum payable in installments under such regulations and conditions as the President may prescribe. Service in the Regular Army Reserve not on active duty shall confer no right to pay, longevity pay, retirement or retired pay, or any other emoluments upon members thereof except as provided in this section; and members of the Regular Army Reserve shall become entitled to pensions only due to disability incurred while on active duty in the service of the United States. Active duty for such purposes shall be deemed to begin on the date of acceptance for such duty following compliance with the order to report for active duty and shall terminate when relieved or discharged from such duty. Members of the Regular Army Reserve may be ordered to active duty only in case of emergency declared by the President and when so ordered shall be furnished transportation and subsistence allowances at Government expense from their homes within the continental limits of the United States or its possessions to points where ordered to report for active duty. In addition, if found qualified and accepted for active duty following such order they shall receive a sum at the rate of $3 per month for each month they have been enlisted in the Regular Army Reserve but not to exceed $150. While on active duty they shall have the same status and receive only the same pay and allowances provided by law for enlisted men of the active Regular Army of like grade and length of service. In computing length of service for pay purposes, time spent on active duty only will be counted. Within six months after the termination of an emergency declared by the President, they shall be placed in an inactive status or discharged, whichever is appropriate.
Members of the Regular Army Reserve shall be subject to military law only from the date they are required to obey an order to report for active duty. Sec. 30, act of June 3, 1916 (39 Stat. 187); sec. 30, act of June 4, 1920 (41 Stat. 775); act of Apr. 25, 1938 (52 Stat. 221); 10 U. 8. C. 343.
Authority for the establishment of the Army reserve was contained in sec. 2, Army appropriation act of Aug. 24, 1912 (37 Stat. 590), the provisions of which became effective Nov. 1, 1912. The authorized reserve was to consist of (1) soldiers furloughed to the reserve for the unexpired portions of 7-year terms of enlistment, either after four years' service with an organization of which they formed a part or, upon their application, after three years' service with an organization; and (2) those who enlisted or reenlisted in the reserve after having been honorably discharged from the Regular Army.
By the act of Aug. 24, 1912, above cited, the President was authorized, in the event of actual or threatened hostilities, to summon all furloughed soldiers belonging to the Army reserve to rejoin their respective organizations.
Various provisions of the act of June 3, 1916 (39 Stat. 166), found in secs. 27, 30, 31 (as amended by sec. 6, ch. 17, act of July 9, 1918, 40 Stat. 890) and 32, were designed to enable the War Department to keep in closer touch with the reservists by providing for their field training with pay and allowances, transportation and subsistence, authorizing pay at the rate of $2 per month at other times, and providing for the discbarge of those physically unfit.
By sec. 31, act of June 3, 1916, the President was authorized to assign members of the Regular Army reserve as reserves to Regular Army organizations or to organize the reserve, or any part thereof, into units for detachments of any arm, corps, or department as he might prescribe.
By sec. 30, act of June 4, 1920 (41 Stat. 775), the Regular Army Reserve was abolished, and all members thereof discharged from their obligation.
110a. Unauthorized use of military designations.-Unfair methods of competition in commerce are declared unlawful.
Sec. 5, Federal Trade
Commission act of Sept. 26, 1914 (38 Stat. 719); sec. 2, act of Feb. 13, 1925 (43 Stat. 939); 15 U. S. 0. 45.
Notes of Decisions General.-Use by company of words “Army of Arny and Navy goods handled by company, and Navy" in its name to inpress public with elimination of deception required that com. fact that its stock consisted of goods pur- pany cease using such words, and could not cbased from Army and Navy departments be effected by use of qualifying phrases which held an unfair method of competition, where merely indicated that company was not conpercentage of such goods in its stock had nected with the Army and Navy, or with the declined to about 10 percent of total inven-government, and that it did not handle such tory. Federal Trade Commission v. Army goods exclusively. Id. and Navy Trading Co. (App. D. C., 1937), Trading company ordered to cease and de88 F. (20) 776.
sist from using words "Army and Navy" in its False and misleading representations as trade-name held entitled to use such words in to origin of a commodity and as to its nature connection with any particular lot of mer. or quality constitute an unfair method of chandise which it might handle which bad competition. Id.
been made for Army or Navy Departments, Where use of words "Army and Navy" in provided words specified origin of that partrade-name constituted an unfair method of ticular lot. Id. competition because of diminishing quantity