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act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762); 10 U. S. C. 8. That officers shall be assigned to the several branches of the Army so that the number assigned to any branch, except of the Medical Department and Chaplains, shall be 70 per centum of the number prescribed for such branch under the Act of June 4, 1920, but the President may increase or diminish the number of officers assigned to any branch by not more than a total of 30 per centum. Act of June 30, 1922 (42 Stat. 723); 10 U. S. C. 482a.

That the authorized commissioned strength of the Regular Army, including the sixty-seven general officers of the line as now authorized by law, shall be fourteen thousand six hundred and fifty-nine officers, of which number one thousand seven hundred and ninety-three shall be assigned to the non-promotion-list branch in numbers proportionate to the numbers now fixed by law for such branches, and twelve thousand seven hundred and ninety-nine to the promotion-list branches in numbers proportionate to the numbers now designated by the President for such branches pursuant to law, except that the proportional increases as computed under this Act for the Medical Administrative Corps and Veterinary Corps shall be assigned to the Dental Corps and that the Air Corps shall be increased so as to provide within the total of fourteen thousand six hundred and fifty-nine an authorized commissioned strength of two thousand and ninety-two: Provided, That the President may increase or diminish the number of officers assigned to any branch by not more than a total of 30 per centum: Act of Apr. 13, 1938 (52 Stat. 216); 10 U. S. C. 481a.

135. Assignment of officers; restrictions repealed.-* * Existing laws in so far as they restrict the assignment of officers are hereby repealed.

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Sec. 4c, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762).

136. This section, based on R. S. 1662, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429). The same act also repealed R. S. 1663, referred to in note.

* Provided, That officers in

137. Assignment to Field Artillery School.-* the grade of second lieutenant in the Field Artillery may be assigned, for the period of one year, to batteries stationed at the School of Fire for Field Artillery at Fort Sill, Oklahoma, for the purpose of pursuing courses of practical instruction in field artillery. Act of May 12, 1917 (40 Stat. 41); 10 U. S. C. 1173. 138. For text of this section as published in the 1929 Edition, see 285, post.

139. Civil rights; immunity from arrest.-No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted. R. 8. 1237; 10 U. S. O. 610.

Notes of Decisions

Imprisonment for failure to pay alimony.- civil contempt in that he failed to pay Civil contempt of court, defined as failing to do something ordered to be done by the court in a civil action for the benefit of the opposing party therein, is to be distinguished from criminal contempt, punishment for which is inflicted for the primary purpose of vindicating public authority. The proposed arrest and threatened imprisonment of an enlisted man of the United States Army for

alimony decreed against him is based on mesne or civil process, and is therefore prohibited by R. S. 1237. Writ of prohibition awarded prohibiting the circuit court from punishing petitioner for the alleged contempt so long as he may be an enlisted private or noncommissioned officer in the United States Army. Ex parte Davis (Ala., 1932), 139 So. 286.

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Third. No officer, soldier,

140. Civil rights; voting in Territories.-* seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any Territory, by

reason of being on service therein, unless such Territory is, and has been for the period of six months, his permanent domicile. R. S. 1860; 48 U. S. C. 1460.

141. Classification of officers.-Immediately upon the passage of this act, and in September of 1921 and every year thereafter, the President shall convene a board of not less than five general officers, which shall arrange all officers in two classes, namely: class A, consisting of officers who should be retained in the service, and class B, of officers who should not be retained in the service. Until otherwise finally classified, all officers shall be regarded as belonging to class A, and shall be promoted according to the provisions of this Act to fill any vacancies which may occur prior to such final classification.

No officer shall be finally classified in class B until he shall have been given an opportunity to appear before a court of inquiry. In such court of inquiry he shall be furnished with a full copy of the official records upon which the proposed classification is based and shall be given an opportunity to present testimony in his own behalf. The record of such court of inquiry shall be forwarded to the final classification board for reconsideration of the case, and after such consideration the finding of said classification board shall be final and not subject to further revision except upon the order of the President. * * Sec. 24b, added to the act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 773); 10 U. S. C. 571.

Executive Order No. 6612, February 22, 1934, revoked Executive Order No. 3870, June 19, 1923, which required a review by the Secretary of War, acting for the President, in every case in which the officer is placed in class B for retirement or discharge from the Army. Provision for involuntary retirement, and placing "out of the line of promotion," of commissioned officers of the Coast Guard, is made by act of January 12, 1938 (52 Stat. 4).

Notes of Decisions

Sufficiency of approval.-Executive Order | contemplates that the finding of the final No. 3870, June 19, 1923, requiring a review classification board shall be reviewed only by the Secretary of War, acting for the in exceptional cases, although expressly President, in every case in which the officer recognizing the right of the President to is placed in class B for retirement or dis- make such review at his option. (1934) charge from the Army, has no authorization 37 Op. Atty. Gen. 395. whatsoever in this section, which clearly

142. Command; brevetted officers. That brevet rank shall be considered strictly honorary, and shall confer no privilege of precedence or command not already provided for in the statutes which embody the rules and articles governing the Army of the United States. Sec. 3, act of Feb. 27, 1890 (26 Stat. 14); 10 U. S. C. 523.

Officers may be assigned to duty or command according to their brevet rank by special assignment of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned. R. S. 1211; 10 U.S. C. 524.

* And provided further, That officers of the Army shall only be assigned to duty or command according to their brevet rank when actually engaged in hostilities: Sec. 1, act of Mar. 3, 1883 (22 Stat. 457);

10 U. S. C. 525.

*

143. Command; officers of the Air Corps.

And provided further,

That no officer holding temporary rank under the provisions of this section shall be eligible to command outside of his own corps except by seniority under his permanent commission. Sec. 3, act of July 2, 1926 (44 Stat. 782); 10 U. S. C.

292a.

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And provided further, That no officer holding temporary rank under the provisions of this Act shall be eligible to command outside his own corps except by seniority under his permanent commission. Sec. 4, act of June 16,

1936 (49 Stat. 1525); 10 U. S. C. 292a-1.

For acts referred to, see 285, post.

144. This section, based on R. S. 1183, 10 U. S. C. 176, is omitted as obsolete (J. A. G. 010.3, October 20, 1930, page 36).

145. Command; officers of the Medical Department.-Officers of the Medical Department of the Army shall not be entitled, in virtue of their rank, to command in the line or in other staff corps. R. S. 1169; 10 U. S. C. 82.

146. Command; contract surgeons.* Provided, That when a contract surgeon is in charge of a hospital he shall have the same authority as a commissioned medical officer. Act of Apr. 23, 1904 (33 Stat. 266); 10 U. S. C. 108. * * * Their right to command shall be

147. Command; dental surgeons.limited to the dental corps. U. S. C. 130.

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148 Commissions; execution and delivery. That hereafter the commissions of all officers under the direction and control of the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Secretary of Agriculture shall be made out and recorded in the respective departments under which they are to serve, and the department seal affixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. Act of Mar. 28, 1896 (29 Stat. 75); 5 U. S. C. 11.

The President is authorized to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointments have been advised and consented to by the Senate. R. S. 1773; 5 U. S. C. 10.

Similar previous provisions, as to making out and recording, etc., in the Treasury Department, commissions of all officers employed in levying or collecting the public revenue, of R. S. 238, were superseded by this act.

149. Commissions in the several branches.-Officers of all grades in the Infantry, Cavalry, Field Artillery, Coast Artillery Corps, Corps of Engineers, and Medical Department; officers above the grade of captain in the Signal Corps, Judge Advocate General's Department, Quartermaster Corps, Ordnance Department, and Chemical Warfare Service, all chaplains and professors, and the military storekeeper shall be permanently commissioned in their respective branches. All officers of the General Staff Corps, Inspector General's Department, Bureau of Insular Affairs, and Militia Bureau shall be obtained by detail from officers of corresponding grades in other branches. Other officers may be either detailed, or with their own consent, be permanently commissioned, in the branches to which they are assigned for duty. Sec. 4, act of June 3, 1916 (39 Stat. 167); sec. 4, act of June 4, 1920 (41 Stat. 760); 10 U. S. C. 487.

150. Posthumous commissions.-That the President be, and he is hereby, authorized to issue, or cause to be issued, an appropriate commission in the name of any person who, while in the military service of the United States during the war between the United States and Germany and Austria-Hungary, has been duly appointed to a commissioned grade, or had successfully completed the course at a training school for officers and had been recommended for appointment to a commissioned grade by the officer commanding or in charge of such school, and, through no fault of his own, was unable to accept the commission for such grade by reason of his death in line of duty; and any such commission shall issue as of the date of such appointment, and any such person's name shall be carried upon the records of the War Department as of the

grade and branch of the service to which he would have been promoted by such commission, from the date of such appointment to the date of his death. Sec. 1, pub. res. of Mar. 3, 1925 (43 Stat. 1255); 10 U. S. C. 488.

That the President be, and he is hereby, authorized to issue, or cause to be issued, an appropriate commission in the name of any person who, while in the military service of the United States during the war between the United States and Germany and Austria-Hungary, may have been officially recommended for appointment or for promotion to a commissioned grade, which recommendation shall have been duly approved by the Secretary of War, or by the commanding general American Expeditionary Forces, as the case may be, and who shall have been unable to receive and accept such commission by reason of his death in line of duty; and any such commission shall issue as of the date of such approval, and any such person's name shall be carried upon the records of the War Department as of the grade and branch of the service to which he would have been promoted by such commission, from the date of such approval to the date of his death. Sec. 2, pub. res. of Mar. 3, 1925 (43 Stat. 1255); 10 U. S. C. 489.

That the President be, and he is hereby, authorized to issue, or cause to be issued, an appropriate commission in the name of any officer of the Army of the United States who, after having been examined and found duly qualified for promotion, died or shall die, in line of duty after the occurrence of the vacancy entitled him, by virtue of seniority, to such promotion and before the issue or acceptance of a commission therefor; and any such commission shall issue with rank as of the date of said vacancy, and any such officer's name shall be carried upon the records of the War Department as of the grade and branch of the service shown in such commission, from the date of such vacancy to the date of his death. Sec. 3, pub. res. of Mar. 3, 1925 (43 Stat. 1256); 10 U. S. C. 490.

That no person shall be entitled to receive any bonus, gratuity, pay, or allowances by virtue of any provision of this resolution. Sec. 4, pub. res. of Mar. 3, 1925 (43 Stat. 1256); 10 U. S. C. 491.

151. Commissions of retired officers on promotion. That commissioned officers of the Army, Navy, and Marine Corps on the retired list whose rank has been or shall hereafter be advanced by operation of or in accordance with law shall be entitled to and shall receive commissions in accordance with such advanced rank. Act of Mar. 4, 1911 (36 Stat. 1354); 10 U. S. C. 1014; 34 U. S. C. 394.

A previous act, act of May 6, 1910 (36 Stat. 347), containing a similar provision relating to officers of the Army only, was superseded by this act.

152. Deserters during World War; military status continued. That none of the provisions contained in section 2 of the Act of May 18, 1917 (Fortieth Statutes, page 77), or in section 4 of the act of June 15, 1917 (Fortieth Statutes, page 217), or in any other act or joint resolution of Congress, or in any proclamation heretofore issued by the President, or in any proclamation of peace that may hereafter be issued by the President, shall be construed as terminating the military or naval status or any person who, having been drafted or having voluntarily enlisted for the period of the emergency due to the World War in the military or naval service of the United States, or having been commissioned as an officer for the period of said emergency in the military or naval forces of the United States, thereafter deserted such military or naval service; or as terminating before the expiration of three years after the date of the President's proclamation of peace as required by section 4 of the Act of June 15, 1917 (Fortieth Statutes, page 217), exclusive of all periods of absence from the jurisdiction of the United States, the amenability to prosecution and trial

of any person who wilfully failed or refused to comply with any of the quirements of the Act of May 18, 1917, entitled "An act to authorize the Pre dent to increase temporarily the Military Establishment of the United State or of said Act as amended, or with regulations promulgated by the Preside pursuant thereto. Act of Mar. 8, 1922 (42 Stat. 421); 10 U. S. C. 1443.

153. Deserters; reward for apprehension. For the apprehension, securing, a delivering of soldiers absent without leave and of deserters, including escape military prisoners, and the expenses incident to their pursuit; and no greate sum than $50 [$25] for each deserter or escaped military prisoner shall, in the discretion of the Secretary of War, be paid to any civil officer or citizen for such services and expenses; * * *. Act of Feb. 28, 1929 (45 Stat. 1354), making appropriations for support of War Department; 10 U. S. C. 1431.

A similar provision has appeared in prior and subsequent appropriation acts. The change indicated appeared in the act for the fiscal year 1934.

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 222) that this section be omitted from the Code as temporary.

154. Desertion; penalties and disabilities.-That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests: R. S. 1998; sec. 1, act of Aug. 22, 1912 (37 Stat. 356); 8 U. S. C. 11; 34 U. S. C. 1200. That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. Sec. 6, act of Apr. 26, 1898 (30 Stat. 365); act of May 11, 1908 (35 Stat. 110); 10 U. S. C. 1432.

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Sec. 1996, R. S., reads as follows:

"All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof."

Provision for removing charges of desertion against veterans of the Mexican War and the Civil War was made by R. S. 1997 and by acts of Mar. 2, 1889, and Mar. 2, 1895. Desertion as a military offense is punished under A. W. 58, post, 416.

By 1485, post, deposits of savings of enlisted men are forfeited by desertion.

155. Desertion; disabilities removed by subsequent honorable service. That in all cases where it shall be made to appear to the satisfaction of the President that a commissioned or warrant officer or an enlisted man with the charge of desertion now standing against him on the rolls and records of the Army, Navy, or Marine Corps has since such charge was entered served honorably in the World War, either in the military or naval forces of the Allies or in the Army, Navy, or Marine Corps or in other branches of the military service of the United States prior to November 11, 1918, the President is hereby authorized, in his

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