June 3, 1916 (39 Stat. 166), which has been modified by the act of June 4, 1920 (41 Stat. 759).

Volunteer Army. The first Volunteer Army was created during the War of 1812 by special statute, which left the States in control of the recruiting of regiments and appointment of officers. A similar force was authorized during the Mexican War and during the Civil War. The statutes under which these volunteer forces were authorized are so numerous, involving bounties and other inducements, that it is not considered prac ticable to set them out here. After declaration of war against Spain, under the act of Apr. 22, 1898 (30 Stat. 361), a call was addressed to the governors of the States for 125,000 volunteers, and subsequent acts authorized a volunteer brigade of Engineers and a force of 10,000 men immune to tropical diseases. This force was mustered out m 1899, except for a force to serve six months in the Philippine Islands; and a force of 35,000 to serve not later than July 1, 1901, was authorized by set. 12, act of Mar. 2, 1899 (30 Stat. 980). The act of Apr. 25, 1914 (38 Stat. 347), provided "for raising the volunteer forces of the United States in time of actual or threatened war," the President to determine the number needed and to appoint the officers; sec. 2 of that act is as follows: "That the volunteer forces shall be raised, organized, and maintained, as in this Act provided, only during the existence of war, or while war is 'imminent, and only after Congress shall have authorized the President to raise such a force: Provided, That the term of enlistment in the volunteer forces shall be the same as that for the Regular Army, exclusive of reserve periods, and all officers and enlisted men composing such volunteer forces shall be mustered out of the service of the United States as soon as practicable after the President shall have issued a proclamation announcing the termi nation of the war or the passing of the imminence thereof." While par. 7, sec. 2, of the selective draft act of May 18, 1917 (40 Stat. 77), authorized the raising of four divisions of volunteers, no such forces were actually raised under that provision, and the Slavic Legion, authorized by the act of July 9, 1918 (40 Stat. 868), was the only volunteer force during the World War, all other additional forces being raised by draft. The Volunteer Army is not included in the military forces as defined by sec. 1, act of June 3, 1916 (39 Stat. 166), as amended by sec. 1, act of June 4, 1920 (41 Stat, 759); therefore legislation on this subject has been omitted from this 'book.

Army of the United States. This term was used in the act of Feb. 2, 1901 (31 Stat. 748), with reference to the Regular Army only. In sec. 2, act of Apr. 22, 1898 (30 Stat. 361), providing "That the organized and active land forces of the United States shall consist of the Army of the United States and of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, respectively, as the Regular Army and the Volunteer Army of the United States." In sec. 1, act of Feb. 2, 1901 (31 Stat. 748), the term was stated to include the components comprised by the Regular Army. Sec. 1. act of Apr. 25, 1914 (38 Stat. 347), declared "That the land forces of the United States shall consist of the Regular Army, the organized land militia while in the service of the United States, and such volunteer forces as Congress may authorize." When the national defense act was originally enacted, June 2, 1916, sec. 1 (39 Stat. 166) thereof gave the following definition: That the Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law." For provisions of current law see 2113, post.

2113. Composition of the Army of the United States.-That the Army of the United States shall consist of the Regular Army, the National Guard while in the service of the United States, and the Organized Reserves, including the Officers' Reserve Corps and the Enlisted Reserve Corps. Sec. 1, act of June 3, 1916 (39 Stat. 166), as amended by sec. 1, act of June 4, 1920 (41 Stat. 759). That all laws and parts of laws in so far as they are inconsistent with this Act are hereby repealed. Sec. 52, chap. I, act of June 4, 1920 (41 Stat. 787). All laws and parts of laws in so far as they are inconsistent with this Act are hereby repealed. Sec. 128, act of June 3, 1916 (39 Stat. 217).

For definitions formerly in force see "Historical Note" at the head of this chapter. The above statute makes no mention of a Volunteer Army; therefore legislation on that subject has been omitted from this book. See "Historical Note" at the beginning of this chapter.

Notes of Decisions.

Military forces.-The invariable policy of the Government has been to consider the military forces as falling into two classes: Those who were soldiers or sailors by profession, irrespective of the national exigency, who took war when it came, and, if they survived it, continued to make mili

tary occupation the business of their lives; second, those who left their ordinary avocations at the outbreak of or during the continuance of hostilities and enlisted with the expectation of serving only so long as the exigency continued. Cleary v. U. S. 35, Ct. Cls. 207, 211.

2114. Organization of the Army.-The Organized peace establishment, including the Regular Army, the National Guard and the Organized Reserves, shall include all of those divisions and other military organizations necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency declared by Congress. The Army shall at all times be organized so far as practicable into brigades, divisions and army corps, and whenever the President may deem it expedient, into armies. For purposes of administration, training and tactical control, the continental area of the United States shall be divided on a basis of military population into corps areas. Each corps area shall contain at least one division of the National Guard or Organized Reserves, and such other troops as the President may direct. The President is authorized to group any or all corps areas into army areas or departments. Sec. 3, act of June 3, 1916 (39 Stat. 166), as amended by sec. 3, act of June 4, 1920 (41 Stat. 759).

In time of peace our Army has been habitually distributed into geographical commands, styled, respectively, military divisions, departments, and districts-the districts, as organized prior to 1815, corresponding to the commands now designated as corps areas or departments. These divisions and departments could be established only by the President; but, within their respective departments, commanding generals have from time to time grouped adjacent posts into temporary commands, known as districts, not referring thereby to the Coast Artillery districts found also in corps areas and departments.

Sec. 3, act of June 3, 1916, superseded R. S. 1114, which provided that in the ordinary arrangement of the Army two regiments of Infantry or of Cavalry should constitute a brigade, which should be the command of a brigadier general, and that two brigades should constitute a division, which should be the command of a major general, but that it should be in the discretion of the commanding general to vary such disposition whenever he might deem it proper to do so.

Sec. 1 of the selective draft act of May 18, 1917 (40 Stat. 76), authorized the President "to increase or decrease the number of organizations prescribed for the typical brigades, divisions, or army corps of the Regular Army, and to prescribe such new and different organizations and personnel for army corps, divisions, brigades, regiments, battalions, squadrons, companies, troops, and batteries as the efficiency of the service may require :

Notes of Decisions.

Construction of act.-The courts will not Interfere with the discretion of the Presi dent and Secretary of War in the work of

reorganizing the Army, or in their construction of this act. U. S. v. Root (1903), 22 App. D. C. 419.

* * *

2115. Annual report of the strength of the Army.The Secretary of War shall annually report to Congress the numbers, grades, and assignments of the officers and enlisted men of the Army, and the number, kinds, and strength of organizations pertaining to each branch of the service. Sec. 4c, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762). 2116. Vacant.

2117. Definition of the Regular Army.-That the Regular Army is the permanent military establishment, which is maintained both in peace and war according to law. Scc. 3, act of Apr. 22, 1898 (30 Stat. 361).

2118. Composition of the Regular Army.-The Regular. Army of the United States shall consist of the Infantry, the Cavalry, the Field Artillery, the Coast Artillery Corps, the Air Service, the Corps of Engineers, the Signal Corps, which shall be designated as the combatant arms or the line of the Army; the General Staff Corps; the Adjutant General's Department; the Inspector General's Department; the Judge Advocate General's Department; the Quartermaster Coips; the Finance Department; the Medical Department; the Ordnance Department; the Chemical Warfare Service; the officers of the Bureau of Insular Affairs; the officers and enlisted men under the jurisdiction of the Militia Bureau; the chaplains; the professors and cadets of the United States Military Academy; the present military storekeeper; detached officers; detached enlisted men; unassigned recruits; the Indian Scouts; the officers and enlisted meu of the retired list; and such other officers and enlisted men as are now or may hereafter be provided for. * * Sec. 2, act of June 3, 1916 (39

Stat. 166), as amended by sec. 2, act of June 4, 1920 (41 Stat. 759). The section amended and sec. 1, act of Feb. 2, 1901 (31 Stat. 748), each prescribed the composition of the Army.

For the present and former authorized enlisted strength of the Army, see 2179, post. 2119. Proportionate strength of a branch.-Officers and enlisted men shall be assigned to the several branches of the Army as hereafter directed, a suitable proportion of each grade in each branch, but the President may increase or diminish the number of officers or enlisted men assigned to any branch by not more than a total of 15 per centum: Provided, That the total number authorized in any grade by this Act is not exceeded: Provided further, That the number of enlisted men herein authorized for any branch shall include such number of Philippine Scouts as may be organized in that branch: Provided further, That no officer shall be transferred from one branch of the service to another under the provisions of this section without his own consent. Sec. 4c, added to the act of June 3, 1916, by sec. 4, act of June 4, 1920 (41 Stat. 762).

A plan for increase of the Regular Army in five annual increments, each arm, corps, and department to receive annually one fifth of the total increase authorized for it, etc., provided for by sec 24, act of June 3, 1916 (39 Stat. 182), was not completed by reason of the enactment of this superseding legislation.

2120. Increase of the Regular Army during the World War.-That in view of the existing emergency, which demands the raising of troops in addition to those now available, the President be, and he is hereby, authorized—

First. Immediately to raise, organize, officer, and equip all or such number of increments of the Regular Army provided by the national defense Act approved June third, nineteen hundred and sixteen, or such parts thereof as he may deem necessary; to raise all organizations of the Regular Army, including those added by such increments, to the maximum enlisted strength authorized by law.

Third.

*

* *

Provided further, That the number of organizations in a regiment shall not be increased nor shall the number of regiments be decreased: Sec. 1, uct of May 18, 1917 (40 Stat. 76-77).

The above is emergency legislation and no longer operative.

2121. Machine-gun companies.Provided further, That the Presi dent in his discretion may organize, officer, and equip for each Infantry and Cavalry brigade three machine-gun companies, and for each Infantry and Cavalry division four machine-gun companies, all in addition to the machine-gun

companies comprised in organizations included in such brigades and divisions: Par. 3, sec. 1, act of May 18, 1917 (40 Stat. 77).

The above is emergency legislation and no longer operative.

The composition of a machine-gun company of Infantry and a machine-gun troop of Cavalry was provided for by secs. 17 and 18, respectively, of the act of June 3, 1916, repealed by the correspondingly numbered sections of the act of June 4, 1920 (41 Stat. 769-770).

2122. Armored motor-car companies.- *

Provided further, That the President in his discretion may organize for each division one armored motorcar machine-gun company. The machine-gun companies organized under this section shall consist of such commissioned and enlisted personnel and be equipped in such manner as the President may prescribe: Par. 3, sec. 1, act of May 18, 1917 (49 Stat. 77).

The above is emergency legislation and no longer operative. 2123. Military headquarters.- * * Provided, That when the economy of the service requires, the Secretary of War shall direct the establishment of military headquarters at points where suitable buildings are owned by the government. Sec. 8, act of June 23, 1879 (21 Stat. 35).

This proviso, from the Army appropriation act for the fiscal year 1880, repealed sec. 6, act of June 18, 1878 (20 Stat. 150), requiring that in time of peace military headquarters should be in buildings or barracks owned by the Government unless the Secretary of War should order otherwise.

2124. Composition of the Infantry.-The Infantry shall consist of one Chief of Infantry with the rank of major general; four thousand two hundred officers in grades from colonel to second lieutenant, inclusive, and one hundred and ten thousand enlisted men, organized into such Infantry units as the President may direct. Hereafter all tank units shall form a part of the Infantry. Sec. 17, act of June 3, 1916 (39 Stat. 177), as amended by sec. 17, act of June 4, 1920 (41 Stat. 769).

The Infantry is designated as a combatant arm or of the line of the Army, by sec. 2 of said act of June 4, 1920, ante, 2118.

Sec. 17, act of Jane 3, 1916, as originally enacted, provided in detail for the organization of regiments, battalions and various kinds of companies of Infantry, and superseded most of the provisions of sec. 10, act of Feb. 2, 1901 (31 Stat. 750), and a provision of sec. 4, act of Mar. 2, 1899 (30 Stat. 978), prescribing the composition of Infantry bands.

Tank units have succeeded the Tank Corps, first known as the Tank Service, which came into existence by reason of a letter of The Adjutant General of the Army written, by order of the Secretary of War, on Mar. 6, 1918, to the Director of Tank Service, as follows:

"Under authority conferred by sections 1, 2 and 3 of the act of Congress To authorize the President to increase temporarily the Military Establishment of the United States,' approved May 18, 1917, the President directs that there be organized for the period of the existing emergency, the enlisted strength to be raised by voluntary enlistment or draft, a Tank Service to consist of: "

1 brigadier general and 913 other officers.

"The officers for this service will be provided as authorized by the 3d paragraph of section 1 and by section 9 of the act approved May 18, 1917.

"The 12 light tank companies and 15 heavy tank companies, the 50 officers not above the rank of captain, and the 25 sergeants which have been heretofore authorized as an increase in the Engineer Corps, National Army, will be transferred to the Tank Service."

Sec. 7-b, G. O. 80, W. D. 1918, directs that the Director of the Tank Corps will operate under the direct supervision of the Chief of Staff, in so far as pertains to purely military matters, and is responsible for the efficiency and preparedness for service of personnel and matériel. The office of the Director was merged into that of the Chief of

Tank Corps on Aug. 15, 1919. The Tank Corps was continued to June 30, 1920, by act of July 11, 1919 (41 Stat. 129). No provision for continuing the Tank Corps as such after June 30, 1920, was made in subsequent legislation.

An appropriation for tanks and other armored motor vehicles to remain available until the end of the fiscal year 1922 was made by act of June 5, 1920 (41 Stat. 972).

2125. Infantry band organization at recruiting depots.—

Provided,

That hereafter one of the companies at each recruiting depot shall have the organization of an infantry band, to which recruits showing an aptitude for music may be attached for examination and instruction before assignment to organizations in the Army. * ** Act of Mar. 3, 1901 (35 Stat. 745), making appropriations for the support of the Army: Transportation.

Previous provisions for detachments at recruit depots, and for musicians, etc., thereat, were made by act of June 12, 1906, and act of Mar. 2, 1907, post, 2140.

The existing laws pertaining to or affecting recruiting parties, recruit depots, and unassigned recruits are to continue and remain in force, except as specifically provided otherwise by sec. 22, the national defense act, 2995, post.

2126. Bands of Infantry during the World War.-That the Secretary of War is authorized to organize for use during the present emergency twenty bands additional to those now authorized for the Army to be organized as are bands of Infantry. Act of July 9, 1918 (40 Stat. 852).

The above is emergency legislation and no longer operative.

2127. Colored regiments.-The enlisted men of two regiments of infantry shall be colored men. R. S. 1108.

Notes of Decisions.

Enlistment of white men.-The enlistment of white men in colored regiments is pro

hibited by implication by this section and 2131, post. (1881) 17 Op. Atty. Gen. 47.

2128. Porto Rico Regiment of Infantry.-The Porto Rico Regiment of Infantry and the officers and enlisted men of such regiment shall become a part of the Infantry branch herein provided for, and its officers shall, on July 1, 1920, be recommissioned in the Infantry with their present grades and dates of rank, unless promoted on that date in accordance with the provisions of section 24 hereof. Sec. 21, act of June 3, 1916 (39 Stat. 180), as amended by sec. 21, act of June 4, 1920 (41 Stat. 770).

By sec. 37, act of Feb. 2, 1901 (31 Stat. 758), the President was authorized to organize the Porto Rico Provisional Regiment of Infantry, which organization was modified by the Army appropriation act of Apr. 23, 1904 (33 Stat. 266). The name was changed to the Porto Rico Regiment of Infantry of the United States Army by sec. 1, aet of May 27, 1908 (35 Stat. 392).

By sec. 21, act of June 3, 1916, the Porto Rico Regiment of Infantry was to have the same organization and the same grades and numbers of commissioned officers and enlisted men as prescribed for other regiments of Infantry of the Army.

2129. Composition of the Cavalry.-The Cavalry shall consist of one Chief of Cavalry with the rank of major general, nine hundred and fifty officers in grades from colonel to second lieutenant, inclusive, and twenty thousand enlisted men, organized into Cavalry units as the President may direct. Sec. 18, act of June 3, 1916 (39 Stat. 178), as amended by sec. 18, act of June 4, 1920 (41 Stat. 770).

The Cavalry is designated as a combatant arm or of the line of the Army, by sec. 2 of said act of June 4, 1920, ante, 2118.

Sec. 18, act of June 3, 1916, as originally enacted, provided in detail for the organization of regiments, squadrons and various kinds of troops of Cavalry.