1630. Draft, organize, and equip additional force of 500,000 men; officers therefor.-To raise by draft as herein provided, organize and equip an additional force of five hundred thousand enlisted men, or such part or parts thereof as he may at any time deem necessary, and to provide the necessary officers, line and staff, for said force and for organizations of the other forces hereby authorized, or by combining organizations of said other forces, by ordering members of the Officers' Reserve Corps to temporary duty in accordance with the provisions of section thirty-eight of the national defense Act approved June third, nineteen hundred and sixteen; by appointment from the Regular Army, the Officers' Reserve Corps, from those duly qualified and registered pursuant to section twenty-three3 of the Act of Congress approved January twenty-first, nineteen hundred and three (Thirty-second Statutes at Large, page seven hundred and seventy-five), from the members of the National Guard drafted into the service of the United States, from those who have been graduated from educational institutions at which military instruction is compulsory, or from those who have had honorable service in the Regular Army, the National Guard, or in the volunteer

'Certain paragraphs which relate to the Regular Army, etc., will be found under other chapters.

'Paragraph 1544, ante, or 39 Stat. 190.

'See footnote to paragraph 1388, ante, or 32 Stat. 779.

forces, or from the country at large, by assigning retired officers of the Regular Army to active duty with such force with their rank on the retired list and the full pay and allowances of their grade; or by the appointment of retired officers and enlisted men, active or retired 2 of the Regular Army as commissioned officers in such forces. Par. 3, Sec. 1, Act of May 18, 1917 (40 Stat. 76.)

(See note to paragraph 329a for distinction between a commission in the National Army, the Regular Army, etc.)

1631. Same-Organization same as corresponding organizations of Regular Army. The organization of said force shall be the same as that of the corresponding organizations of the Regular Army.3 Id.

(For paragraphs 1 and 2 of this section, see paragraphs 331c, 331c, 1339p, and 1339q, and for the ensuing provision of this paragraph of the section, see paragraph 356b, ante.)

1632. Appointment of officers.-Officers with rank not above that of colonel shall be appointed by the President alone, and officers above that grade by the President by and with the advice and consent of the Senate. Id., 77.

(For the provision of this paragraph of section 1 immediately preceding this paragraph, see paragraph 356e.)

1633. Same-Recommissioning in Coast Guards former officers of Revenue-Cutter Service or.-The President may in his discretion recommission in the Coast Guard persons who have heretofore held commissions in the Revenue-Cutter Service or the Coast Guard and have left the service honorably, after ascertaining that they are qualified for service physically, morally, and as to age and military fitness. Id.

1634. Draft, organize, officer, equip, and train additional force of 500,000 men.-The President is further authorized, in his discretion and at such time as he may determine, to raise and begin the training of an additional force of five hundred thousand men organized, offi

'An officer appointed to the National Army from civil life under the act of May 18, 1917, upon his acceptance of his commission is entitled to mileage for travel under competent orders from his place of residence to his first duty station. (Act of June 12, 1906, 34 Stat. 246.) Similarly a member of the Officers' Reserve Corps is entitled to mileage upon being ordered to active duty (national defense act of June 3, 1916, sec. 38); (see 23 Comp. Dec. Comptroller 705). So much of paragraph 1279, Army Regulations, as is inconsistent herewith is not in accordance with the law. (Dig. Opin. J. A. G., January, 1918.)

The acceptance by a retired enlisted man of an appointment to a higher grade while employed on active duty, under section 7 of the act of May 18, 1917 (40 Stat. 76), will not affect his retired status. Upon the termination of his active duty he will revert to the same status as a retired enlisted may which he occupied prior to the acceptance of an appointment in the temporary forces and will again become entitled to the retired pay and allowances of an enlisted man of his grade on the enlisted man's retired list. During his active duty his pay on the retired list is in abeyance. (Id. February, 1918.)

See paragraph 1532a, ante, for authorization for appointments into certain designated grades in staff corps.

cered, and equipped, as provided for the force first mentioned in the preceding paragraph of this section. Par. 4, Sec. 1,

id.

1635. Draft, organize, officer, and equip recruit training units.— To raise by draft, organize, equip, and officer, as provided in the third paragraph of this section, in addition to and for each of the above forces, such recruit training units as he may deem necessary for the maintenance of such forces at the maximum strength. Par.5, Sec. 1, id.

1636. Draft, organize, officer, and maintain ammunition batteries, battalions, etc.-To raise, organize, officer, and maintain during the emergency such number of ammunition batteries and battalions, depot batteries and battalions, and such artillery parks, with such numbers and grades of personnel as he may deem necessary. Such organizations shall be officered in the manner provided in the third paragraph of this section, and enlisted men may be assigned to said organizations from any of the forces herein provided for or raised by selective draft as by this Act provided. Par. 6, Sec. 1, id.

(For paragraph 7, section 1, see paragraph 1383a, ante.)

1637. Voluntary enlistment or draft of men necessary to complete and maintain Regular Army and drafted National Guard organizations; other forces raised by selective draft.-The enlisted men required to raise and maintain the organizations of the Regular Army and to complete and maintain the organizations embodying the members of the National Guard drafted into the service of the United States, at the maximum legal strength as by this Act provided, shall be raised by voluntary enlistment, or if and whenever the President decides that they can not effectually be so raised or maintained, then by selective draft; and all other forces hereby authorized, except as provided in the seventh paragraph of section one, shall be raised and maintained by selective draft exclusively; but this provision shall not prevent the transfer to any force of training cadres from other forces. Sec. 2, id.

(For qualifications and conditions for voluntary enlistment see paragraph 1661, post.)

1638. Persons subject to draft: age limit.-Such draft as herein provided shall be based upon liability to military service of all male citizens, or male persons not alien enemies who have declared their intention to become citizens, between the ages of twenty-one and thirty years, both inclusive, and shall take place and be maintained under such regulations as the President may prescribe not inconsistent with the terms of this Act.1 Id.

'Citizens of a foreign country subject to draft may not be released therefrom to permit them to enlist in the army of their own country. (War Dept. Bull. 67, Nov. 30, 1917.)

Relator was brought before the court on a writ of habeas corpus. He was a citizen of Russia, had never declared his intention of becoming a citizen of the