CHAPTER 2

ARMY PERSONNEL

Restrictions on activities:

Detail as aides to civil officers, 314a.
Holding civil office, 315.

Dealing with the Government, 317.
Employment by the Government, 320.
Membership fees and attendance at con-
ventions, 321.

With publications, 321a.

Retired officers on active duty; status, 322.

Commissioned service in Volunteer army, 347.

Taxation, 349.

Tour of duty; foreign service, 350.
Transfer:

Restriction, 352a.

Witnesses before committees of Congress, 353.

112. Accountability for property; reports of damage to ordnance.

This section, based on R. S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).

117a. Additional warrant officers.

* * Provided further, That any officer

of less than ten years' commissioned service but of more than twenty years' service accredited toward retirement or for increased pay for length of service may, in lieu of discharge with one year's pay as hereinbefore provided, if he so elects, be appointed a warrant officer and carried as an additional number in that grade; Act of June 30, 1922 (42 Stat. 723); U. S. C. 10:597.

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The above provision, omitted from the original Code and the Military Laws, 1929, is inserted as a new section (J. A. G. 010.3, December 28, 1929, page 8).

119. Appointment of general officers.

The method of appointment and promotion of general officers of the line was not changed by sec. 4, Army promotion act of July 31, 1935 (49 Stat. 506).

120. Appointment of chiefs of branches and assistants.

The method of appointment of chiefs and assistant chiefs of branches was not changed by sec. 4, Army promotion act of July 31, 1935 (49 Stat. 506).

NOTES OF DECISIONS

End of term.-There is no reason for questioning the long-continued interpretation of this section that the terms of chiefs of branches first appointed and commissioned during a recess of the Senate and subse121. Appointments in the grade of second lieutenant; general provisions.

quently nominated to and confirmed by the Senate and again appointed and commissioned, run for four years from date of the recess appointment (1933) 37 Op. Atty. Gen. 282.

That, for the period of ten years beginning July 1, 1936, the Secretary of War is authorized to select annually, in addition to the graduates from the United States Military Academy, fifty officers who shall be commissioned in the Regular Army: Provided, That the Secretary of War shall determine for each annual increment the number to be allotted among the promotion list branches: And

provided further, That the number to be appointed in the promotion list branches shall be selected from such reserve officers who have received the training herein authorized or from graduates of the Army Air Corps Training Center. Sec. 2, act of Aug. 30, 1935 (49 Stat. 1028); U. S. C. 10: 487a.

The above provision is added as a new paragraph of this section. It affects that portion of section 24e, National Defense Act, providing for appointment of officers in the Army in the grade of second lieutenant, as contained in original text.

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127. Appointment of officers; Medical Department.-* Appointments in the Medical and Dental Corps shall be made in the grade of first lieutenant from reserve medical and dental officers, respectively, between the ages of twenty-three and thirty-two years; in the Veterinary Corps in the grade of first lieutenant from reserve veterinary officers between the ages of twentythree and thirty-two years; and in the Medical Administrative Corps in the grade of second lieutenant from pharmacists between the ages of twenty-one and thirty-two years who are graduates of recognized schools or colleges of pharmacy requiring four years of instruction for graduation, under such regulations and after such examination as the Secretary of War shall prescribe; And provided further, That the number of such pharmacists in the Medical Administrative Corps shall not exceed sixteen. To be eligible for appointment in the Dental Corps, a candidate must be a graduate of a recognized dental college, and have been engaged in the practice of his profession for at least two years subsequent to graduation. Sec. 24e, added to act of June 3, 1916, by sec. 24, act of June 4, 1920 (41 Stat. 774), as amended by sec. 4, Army promotion act of July 31, 1935 (49 Stat. 507), and by act of June 24, 1936 (49 Stat. 1902); U. S. C. 10: 92, 122, 123, 141, 151, 552b.

The first paragraph of this section has been amended as above.

130. Appointment of warrant officers.

"U. S. C. 10:596" should be added to the citations to so much of the third and fourth paragraphs of this section, based on acts of March 4, 1927 (44 Stat. 1416), and May 23, 1928 (45 Stat. 718), respectively, as is contained in the last two provisos. The matter preceding these provisos appears to have been fully executed and was properly omitted from the United States Code.

133. Appointment of field clerks discontinued.

The compilers of the United States Code have not followed the recommendation of the War Department that the original text of this section be omitted as superfluous, in view of the fact that prior laws authorizing appointment of field clerks do not appear in the Code.

136. Assignment to armories; officers of the Ordnance Department.

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.

138. Assignment to flying commands; officers of the Air Corps.

For further provisions for temporary rank for officers of the Air Corps, see 285, post. 139. Civil rights; immunity from arrest.

NOTES OF DECISIONS

Imprisonment for failure to pay alimony.-| tempt in that he failed to pay alimony deCivil 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 civil con

creed 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.

141. Classification of officers.

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.

NOTES OF DECISIONS

cation board shall be reviewed only in exceptional cases, although expressly recognizing the right of the President to make such review at his option. (1934) 37 Op. Atty. Gen. 395.

Sufficiency of approval.-Executive Order | plates that the finding of the final classifiNo. 3870, June 19, 1923, requiring 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, has no authorization whatsoever in this section, which clearly contem143. Command; officers of the Air Corps.

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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); U. S. C. 10: 292a-1.

The above provision is added as a new paragraph of this section. For act referred to, see 285, post.

144. Same; officers of the Finance Department.

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

145. Same; officers of the Medical Department.

"U. S. C. 10: 95" should be eliminated from the citation to this section, and "U. S. C. 10: 82" added (J. A. G. 010.3, October 20, 1930, page 21).

147. Same; dental surgeons.

"U. S. C. 10: 130" should be added to the citation to this section, based on act of March 3, 1911 (36 Stat. 1054) (J. A. G. 010.3, November 12, 1929, page 43).

152. Deserters during World War; military status continued.

"U. S. C. 10: 1443" should be added to the citation to this section, based on public resolution of March 8, 1922 (42 Stat. 421) (J. A. G. 010.3, October 20, 1930, page 131).

153. Deserters; reward for apprehension. For the apprehension, securing, and delivering of soldiers absent without leave and of deserters, including escaped military prisoners, and the expenses incident to their pursuit; and no greater sum than $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; * * * Title I, act of Mar. 4, 1933 (47 Stat. 1575), making appropriations for the War Department; U. S. C. 10: 1431.

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, based on War Department act of February 28, 1929 (45 Stat. 1354), as modified above and repeated in subsequent appropriation acts, U. S. C. 10: 1431, be omitted from the Code as temporary.

155. Same; disabilities removed by subsequent honorable service.

"U. S. C. 34: 1017" should be added to the citation to this section.

157. Detail as aides to general officers.

"U. S. C. 10: 498" should be added to the citation to both the first and second paragraphs of this section, based on R. S. 1096 as amended, and R. S. 1097, respectively, and "10: 498a" to the fourth paragraph based on section 4, act of February 14, 1903 (32 Stat. 831) (J. A. G. 010.3, November 12, 1929, pages 89, 90; July 7, 1931, pages 46, 47).

Additional pay for officers so detailed was suspended for the fiscal years 1934, 1935, and 1936 by 1634m, post.

157a. Detail as Acting United States High Commissioner to the Philippine Islands. That the President is hereby authorized, in his discretion, to designate a member of the staff of the United States High Commissioner to the Philippine Islands or an officer of the Army or Navy of the United States, to act as the High Commissioner in the event of a vacancy in said office, or the temporary disability or absence of the High Commissioner, and the official so designated shall have all the powers and perform all the duties of the High Commissioner during such vacancy, disability, or absence. Act of June 5, 1936 (49 Stat. 1478); U. S. C. 48: 12376.

158. Detail to Alaska Road Commission; engineer and other officers.

By 1049, post, the duties and authority of the Board of Road Commissioners and of the Secretary of War in connection therewith were transferred to the Department of the Interior.

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161a. Detail to board on beach erosion and shore protection; officers of the Corps of Engineers.-* that there shall be organized under the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers and from the engineers of State agencies charged with beach erosion and shore protection, a board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be selected with regard to their special fitness by the Chief of Engineers from among the State agencies cooperating with the War Department. * * * Sec. 2, act of July 3, 1930 (46 Stat. 945), authorizing improvements on rivers and harbors; U. S. C. 33: 426. 164. Detail to Air Corps.

Provided, That the provisions of this section shall not be construed to exclude the assignment to Air Corps tactical or other appropriate commands of qualified permanent general officers of the line who are "flying officers" as defined herein, or as may hereafter be defined. Sec. 5, act of June 16, 1936 (49 Stat. 1525); U. S. C. 10: 292a-2.

The above provision is added as a new paragraph of this section. For section referred to, see 285, post. For definition of "flying officer", see 32, ante.

Act of June 5, 1935 (49 Stat. 323), authorizes designation of line officers of the Navy for the performance of aeronautical engineering duty only, and transfer of officers of the Construction Corps for like duty.

168. Detail to branches; enlisted men; general provisions.

Provided, That the number of warrant officers and enlisted men on duty in the offices of the Chiefs of Ordnance, Engineers, Coast Artillery, Field Artillery, Cavalry, Infantry, and Chaplains on March 5, 1934, shall not be increased, and in lieu of warrant officers and enlisted men whose services in such offices shall be terminated for any cause prior to July 1, 1937, their places may be filled by civilians, for the pay of whom, in accordance with the Classification Act of 1923, as amended, the appropriation "Pay of the Army" shall be available. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1279).

The above provision, originating in the appropriation act for the fiscal year 1935 and changed in form in the appropriation act for 1937, is added as a new paragraph of this section.

The original text of this section, based on section 1, act of June 20, 1874 (18 Stat. 101), omitted from the original Code, has been inserted as U. S. C. 10: 642a (J. A. G. 010.3, November 1, 1927, page 3; October 20, 1930, page 60).

170a. Detail to District of Columbia government.-That within twenty days after the approval of this Act the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint two persons, who, with an officer of the Corps of Engineers of the United States Army,