prosecuting officer believes to be an addict, such officer shall report to the authority vested with the power to designate the place of confinement, the name of such person, the reasons for his belief, all pertinent facts bearing on such addiction, and the nature of the offense committed. *** Sec. 343(a), Public Health Service Act of July 1, 1944 (58 Stat. 699); 42 U. S. C. 259(a). The original text of this section, based on sections 2, 7, and 8, act of January 19, 1929 (45 Stat. 1085, 1086, 1087); 21 U. S. C. 222, 227, 228, was expressly repealed by section 611, Public Health Service Act of July 1, 1944 (58 Stat. 719). The subject-matter is covered by the above provisions. 272. Prisoners; reward for recapture. This provision has been repeated in subsequent appropriation acts, including Military "10 U. S. C. 1461" should be eliminated from the citation of this section and "10 U. S. C. 272a. Prisoners; expenses of civil confinement.- -* * * for expenses incident to confinement of military prisoners in nonmilitary facilities; * * * Military Appropriation Act of June 28, 1944 (58 Stat. 578). A similar provision appeared in Military Appropriation Act, 1944 (57 Stat. 352). 274. Promotion of officers; general provision. Promotion-list second lieutenants and first lieutenants shall be promoted to the respective grades of first lieutenant and captain immediately upon completing respectively three years' and ten years' continuous commissioned service in the Regular Army, but not otherwise. Except as hereinafter provided promotion-list captains, majors, and lieutenant colonels shall be promoted to the respective grades of major, lieutenant colonel, and colonel immediately upon completing respectively seventeen years', twenty-three years', and twenty-eight years' continuous commissioned service in the Regular Army: * * * Provided further, That promotion-list majors and lieutenant colonels shall not be promoted, to the respective grades of lieutenant colonel and colonel until they shall have completed respectively six years' and five years' continuous commissioned service under permanent appointments in the grades of major and lieutenant colonel, except that for the purpose of determining years of such service in grade officers promoted to or serving in the respective grades of major and lieutenant colonel shall, in addition to receiving credit for all actual continuous commissioned service in the Regular Army in those grades, receive constructive credit of one-half the amount of their continuous commissioned service in the Regular Army in excess of seventeen and twenty-three years, respectively: Provided further, That each promotion-list officer shall be assumed to have, for promotion purposes, at least the same length of continuous commissioned service in the Regular Army and service in grade as any officer junior to him, in his grade, on the promotion list, except that an officer sentenced by courts martial to loss of files on the promotion list shall be assumed to have for promotion purposes no greater service than the officer next above him in his new position on the promotion list: Provided further, That no officer shall be promoted, under the provisions of this section,, in advance of any officer in the same grade whose name appears above his on the promotion list, except that the promotion of an officer shall not be withheld by reason of the fact that an officer senior to him on the promotion list is for any reason not eligible for promotion. *** Sec. 3, act of July 31, 1935 (49 Stat. 506); sec. 2, act of June 13, 1940 (54 Stat. 379); 10 U. S. C. 552a. The second paragraph of this section has been amended as above. The act of June 23, 1938 (52 Stat. 944), establishing a promotion system in the line of the Navy was amended by the act of October 14, 1940 (54 Stat. 1174, 1175); act of January 20, 1942 (56 Stat. 9); act of January 20, 1942 (56 Stat. 10); act of June 30, 1942 (56 Stat. 463). The act of January 19, 1942 (56 Stat. 6) regulates the distribution and promotion of commissioned officers of the Coast and Geodetic Survey. 276a. Promotion of officers; date effective and waiver of oath.—That every officer of the Army of the United States, or any component thereof, promoted to a higher grade at any time after December 7, 1941, shall be deemed for all purposes to have accepted his promotion to higher grade upon the date of the order announcing it unless he shall expressly decline such promotion, and shall receive the pay and allowances of the higher grade from such date unless he is entitled under some other provision of law to receive the pay and allowances of the higher grade from an earlier date. No such officer who shall have subscribed to the oath of office required by section 1757, Revised Statutes, shall be required to renew such oath or to take a new oath upon his promotion to a higher grade, if his service after the taking of such an oath shall have been continuous. Act of Oct. 14, 1942 (56 Stat. 787); 10 U. S. C. 558. 278. Promotion of officers of the Medical Department; examination. * That until May 15, 1945, the Secretary of War may, in his discretion, dispense with any part of the examination for promotion in the Regular Army of officers of the Medical, Dental, and Veterinary Corps, except those relating to physical examination. Act of Nov. 29, 1940 (54 Stat. 1219). The above provision is added as a new paragraph of this section. 279. Promotion of officers of the Medical Department for length of service. ** * An officer of the Pharmacy Corps shall be promoted to the grade of first lieutenant after three years' service, to the grade of captain after six years' service, to the grade of major after twelve years' service, to the grade of lieutenant colonel after twenty years' service, and to the grade of colonel after twenty-six years' service: ** Sec. 1, act of July 12, 1943 (57 Stat. 430); 10 U. S. C. 131. * The above provision is added as a new paragraph of this section. 280. Promotion of chaplains.-* **Chaplains shall hereafter have rank, pay, and allowances according to length of active commissioned service in the Army, or, since April 6, 1917, in the National Guard while in active service under a call by the President ***. Sec. 15, act of June 3, 1916 (39 Stat. 176); sec. 15, act of June 4, 1920 (41 Stat. 769); 10 U. S. C. 236. The above provision, omitted from the original text, is added as the first paragraph of this section. 285. Advanced rank; officers of Air Corps assigned to flying commands. For temporary war-time rank of officers commissioned in or assigned to Air Corps, see act of February 16, 1942, post, 2160c. The functions, duties and powers of the Commanding General, General Headquarters Air Force (Air Force Combat Command) were transferred to the Commanding General, Army Air Forces, by Executive Order No. 9082, February 28, 1942, set forth under 2255, post. 286. Advanced rank; major generals commanding armies and departments. -That the major generals of the Regular Army specifically assigned by the Secretary of War to command the four armies of the United States Army shall have the rank and title of lieutenant general while so serving: Provided, That major generals, while holding the rank and title of lieutenant general under the foregoing provisions, shall be entitled to receive the pay and allowances of a major general and, in addition, shall be entitled to receive the same personal money allowances as are now, or may hereafter be, prescribed by law for vice admirals of the Navy: Provided further, That should an officer, while serving in the rank of lieutenant general be retired from active service, he shall be retired with the lineal rank and the retired pay to which he would be entitled had he not been serving in the rank of lieutenant general, the provisions of section 1254, Revised Statutes (10 U. S. C. 1025), to the contrary notwithstanding. Act of Aug. 5, 1939 (53 Stat. 1214); 10 U. S. C. 482b. That the Act entitled “An Act to provide for the rank and title of lieutenant general of the Regular Army", approved August 5, 1939, is hereby amended to include the major generals of the Regular Army specifically assigned by the Secretary of War to command the Panama Canal and Hawaiian Departments. Act of July 31, 1940 (54 Stat. 781); 10 U. S. C. 4826. Vice admirals of the Navy receive a personal money allowance of $500 per annum under 1371c-7(2), post. By act of July 17, 1941 (55 Stat. 598), the grade of vice admiral was authorized for not to exceed nine naval officers designated by the President to perform special or unusual duty. The act of June 16, 1942 (56 Stat. 370), provides for advanced rank on the retired list for these officers. 289. Advanced rank in time of war.-In time of war or national emergency determined by the President any officer of the Regular Army may be appointed to higher temporary grade without vacating his permanent appointment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appointed, as officers, shall be appointed and commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Par. 7, sec. 127a, added to act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); sec. 20, act of June 15, 1933 (48 Stat. 161); sec. 101, act of Sept. 9, 1940 (54 Stat. 875); 10 U. S. C. 513. This section has been amended as above. For pay status of officers temporarily appointed to higher grades or ranks under this section, see 1371c-1 (2), post. For temporary wartime rank of officers commissioned in or assigned to the Air Corps, see act of February 16, 1942, post, 2160c. For disability benefits for officers disabled in higher temporary grade, see 322b-1 to 322b-9, post. 291. Brevet rank for service against the Indians. "10 U. S. C. 526" and "10 U. S. C. 527" should be eliminated from the citations to the first and second paragraphs of this section, based on sections 1 and 2, act of February 27, 1890. 293. Relative rank; officers of the same grade. Unless special assignment is made by the President under the provisions of the one hundred and nineteenth article of war, all officers in the active service of the United States in any grade shall take rank according to date, which, in the case of an officer of the Regular Army, is that stated in his commission or letter of appointment, and, in the case of a reserve officer or an officer of the National Guard called into the service of the United States, shall precede that on which he is placed on active duty by a period equal to the total length of active Federal service and service under provisions of sections 94, 97, and 99 of this Act, which he may have performed in the grade in which called or any higher grade. When dates of rank are the same, precedence shall be determined by length of active commissioned service in the Army, which shall include all time served on active duty as a commissioned officer in the Federal service, and commissioned service under the provisions of sections 94, 97, and 99 of this Act. When length of such service is the same, officers of the Regular Army shall take rank among themselves according to their places on the promotion list, preceding reserve and National Guard officers of the same date of rank and length of service, who shall take rank among themselves according to age. Par. 8, sec. 127a added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); sec. 5, act of Feb. 28, 1925 (43 Stat. 1078); act of Dec. 14, 1942 (56 Stat. 1051); 10 U. S. C. 511. * And provided further, That hereafter all promotion-list officers in any grade shall take rank among themselves according to their standing on the promotion list. Sec. 3, act of July 31, 1935 (49 Stat. 506); sec. 2, act of June 13, 1940 (54 Stat. 380); 10 U. S. C. 552a. This section has been amended as above. Under Executive Order No. 8356, March 2, 1940, as amended by Executive Order No. 8377, March 18, 1940, consuls general are to take place and precedence with but after brigadier generals of the Army; consuls with but after colonels; and vice consuls with but after captains. 294. Relative rank; warrant officers.- *** and all warrant officers, including those of the Army Mine Planter Service, shall take rank next below second lieutenants and among themselves according to the dates of their respective warrants: Provided, That aboard their vessels, warrant officers of the Army Mine Planter Service shall take rank among themselves, in the order, master, chief engineer, first mate, assistant engineer, second mate, each according to the date of appointment to such rating. Sec. 4a, added to act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 761); act of July 15, 1939 (53 Stat. 1044); 10 U. S. C. 593. *** And provided further, That the relative rank * * * of warrant officers of the Army Mine Planter Service shall be as now prescribed by law, and warrant officer second assistant engineers *** while aboard their vessels, shall take rank immediately below warrant officer second mates. Act of Oct. 15, 1940 (54 Stat. 1177); 10 U. S. C. 593. This section has been amended as above. For relative rank of temporary warrant officers, Army Mine Planter Service, see 29, ante. For relative rank of chief warrant officers and warrant officers (junior grade) established by act of August 21, 1941, see 131c, ante. For temporary appointments as commissioned officers, see 2160a-1, post, 295. Relative rank; members of the Army Nurse Corps. The act of July 3, 1942 (56 Stat. 646), makes provision for relative rank, and authority in and about naval hospitals, of members of the Navy Nurse Corps. 296. Relative rank of officers; service counted. By section 2, act of June 13, 1940, ante, 293, relative rank of promotion-list officers in any grade is determined by their standing on the promotion list. "10 U. S. C. 684" should be eliminated from the citation to the third paragraph of the original text of this section, based on section 6, act of August 24, 1912 (37 Stat. 594), and "37 U. S. C. 4c" added. 297. Relative rank with Navy. For revival of grade of commodore, see section 1, act of April 9, 1943 (57 Stat. 59); 34 U. S. C. 350e. 304. Rating as pilot; officers and enlisted men. The term "pilot" as used in the Navy and Marine Corps is defined in act of June 5, 1942 (56 Stat. 309). 305. Ratings as specialists; enlisted men. The maximum number of specialist ratings for the fiscal years 1940, 1941, and 1942 was prescribed by Executive Order No. 8176, June 21, 1939, as amended by Executive Order No. 8281, November 1, 1939; by Executive Order No. 8502, August 3, 1940, as amended by Executive Order No. 8595, November 18, 1940; by Executive Order No. 8824, July 18, 1941; and by Executive Order No. 9041, January 26, 1942. "10 U. S. C. 605" should be eliminated from the citation of the original text to this section and "10 U. S. C. 604" added. This section, based on section 4b, added to act of June 3, 1916, by section 4, act of June 4, 1920 (41 Stat. 761), as amended by section 1, act of June 20, 1936 (49 Stat. 1554); 10 U. S. C. 604, was superseded by 1371c-9 (2), post. 309. Army Regulations. Notes of Decisions Conformity to statutes.-Those claiming that a regulation prescribed by head of a government department is invalid must make invalidity so manifest that court has no choice except to hold that the secretary has exceeded his authority and employed means not appropriate to the government of the department. 5 U. S. C. A., sec. 22. Fussell v. U. S. (C. C. A., 1939), 100 F. (2d) 995. 309a. Regulation of manufacture, distribution, storage, use and possession of explosives.— * * * This Act shall not be construed to prevent the manufacture under the authority of the United States of explosives for, or their sale to or possession by, the military or naval service of the United States or the Federal Bureau of Investigation. This Act shall not apply to arsenals, navy yards, depots or other establishments owned by, or operated by or on behalf of, the United States. The Director may, however, cooperate with the heads of departments having jurisdiction over such establishments. Sec. 3, act of Oct. 6, 1917 (40 Stat. 386); sec. 2, act of Dec. 26, 1941 (55 Stat. 864); 50 U. S. C. 123. * * 310a. Regulations in the District of Columbia; carrying concealed weapons. -No person shall within the District of Columbia carry either openly or concealed on or about his person, except in his dwelling house or place of business or on other land possessed by him, a pistol, without a license therefor issued as hereinafter provided, or any deadly or dangerous weapon capable of being so concealed. Sec. 4, act of July 8, 1932 (47 Stat. 651); act of Nov. 4, 1943 (57 Stat. 586). The first paragraph of the original text of this section has been amended as above. 310b. Regulations in the District of Columbia; dispensing or prescribing marihuana. "26 U. S. C. 1399b" should be eliminated from the citation to the first paragraph of this section, based on section 3, act of August 2, 1937 (50 Stat. 552), and "26 U. S. C. 3232" added. "26 U. S. C. 1399e" should be eliminated from the second paragraph, based on section 6, act of August 2, 1937 (50 Stat. 553), and "26 U. S. C. 2591" added. 310d. Regulations in the District of Columbia; operation of motor vehicles.— *** Provided That enlisted men of the Army, Navy, Marine Corps, and Coast Guard shall be issued, without charge, a permit to operate Govern 646631-45-5 |