struction of the varying number of recruits attached to such companies; Act of Mar. 3, 1909 (35 Stat. 741), making appropriations for the support of the Army. But see 2995, post. 2192. Sergeant major at a recruit depot.— Provided, That hereafter one of the enlisted men detached from the Army at large for duty at each of the recruit depots under the provisions of the Act of June twelfth, nineteen hundred and six, shall, while so detached, have the rank, pay, and allowances of a regimental sergeant major. Act of Aug. 29, 1916 (39 Stat. 624), making appropriations for the support of the Army. But see 2995, post. Act of June 12, 1906, mentioned in this section, is set forth 2140, ante. 2193. Instructors of rifle clubs.-Provided, That the Secretary of War, in his discretion, and under such regulations as he may prescribe, may authorize the detail of enlisted men of the Army as temporary instructors in rifle practice to organized rifle clubs requesting such instruction. Act of May 12, 1917 (40 Stat. 64). 2194. Duty at educational institutions during the World War.-That during the present war the President be, and he hereby is, authorized to detail for duty at institutions where one or more units of the Reserve Officers' Training Corps are maintained such number of enlisted men, either active or retired, of the Army of the United States as he may deem necessary, but the active noncommissioned officers so detailed shall have had at least one year's active service, and the total number of such active noncommissioned officers so detailed shall not exceed three thousand, and shall be additional in their respective grades to those otherwise authorized for the Army of the United States. While detailed under the provisions of this section retired noncommissioned officers of the Army of the United States shall receive active pay and allowances. Sec. 3, act of April 17, 1918 (40 Stat. 532). The above is emergency legislation and no longer operative. 2195. Stenographic reporters.Provided, That hereafter enlisted men may be detailed to serve as stenographic reporters for general courts-martial, courts of inquiry, military commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not exceeding five cents for each one hundred words taken in shorthand and transcribed, such extra pay to be met from the annual appropriation for expenses of courts-martial, and so forth. * Act of Aug. 24, 1912 (37 Stat. 575). 2196. Servants of officers.-No officer shall use an enlisted man as a servant in any case whatever. R. S. 1232. 2197. Civil employment.-Hereafter no enlisted man in the active service of the United States in the Army, Navy, and Marine Corps, respectively, whether a noncommissioned officer, musician, or private, shall be detailed, ordered, or permitted to leave his post to engage in any pursuit, business, or performance in civil life, for emolument, hire, or otherwise, when the same shall interfere with the customary employment and regular engagement of local civilians in the respective arts, trades, or professions. Sec. 35, act of June 3, 1916 (39 Stat. 188). The act of May 11, 1908 (35 Stat. 110), provided that Army bands or members thereof should not receive remuneration for furnishing music outside the limits of military posts when the furnishing of such music placed them in competition with local civilian musicians. Concerning the entrance of discharged soldiers into the civil service of the Government see, ante, 22-26. 2198. Regular Army Reserve abolished.-The Regular Army Reserve is hereby abolished, and all members thereof shall be discharged from the obligations under which they are now serving. Sec. 30, act of June 3, 1916 (39 Stat. 187), as amended by sec. 30, act of June 4, 1920 (41 Stat. 775). Authority for the establishment of the Army Reserve was contained in sec. 2, Army appropriation act of Aug. 24, 1912 (37 Stat. 590), the provisions of which became effective Nov. 1, 1912. The authorized reserve was to consist of (1) soldiers furloughed to the reserve for the unexpired portions of seven-year terms of enlistment, either after four years' service with an organization of which they formed a part or, upon their application, after three years' service with an organization; and (2) those who enlisted or reenlisted in the reserve after having been honorably discharged from the Regular Army. Various provisions of the act of June 3, 1916 (39 Stat. 166), found in secs. 27, 30, 31 (as amended by sec. 6, ch. XVII, act of July 9, 1918, 40 Stat. 890) and 32, were designed to enable the War Department to keep in closer touch with the reservists by providing for their field training with pay and allowances, transportation and subsistence, authorizing pay at the rate of $2 per month at other times, and providing for the discharge of those physically unfit. By the act of Aug. 24, 1912, above cited, the Fresident was authorized, in the event of actual or threatened hostilities to summon all furloughed soldiers belonging to the Army Reserve to rejoin their respective organizations; by sec. 31, act of June 3, 1916, he was authorized to assign members of the Regular Army Reserve as reserves to Regular Army organizations or to organize the Reserve, or any part thereof, into units or detachments of any arm, corps, or department as he might prescribe. For present Enlisted Reserve Corps, see 2473-2476, post. 2199. Discharge by purchase. That in time of peace the President may, in his discretion and under such rules and upon such conditions as he shall prescribe, permit any enlisted man to purchase his discharge from the Army. The purchase money to be paid under this section shall be paid to a paymaster of the Army and be deposited to the credit of one or more of the current appropriations for the support of the Army, to be indicated by the Secretary of War, and be available for the payment of expenses incurred during the fiscal year in which the discharge is made. Sec. 4, act of June 16, 1890 (26 Stat. 158). Regulations made by the President under the above section are found in par. 48, Compilation of General Orders, etc., War Dept., 1881-1915. 2200. Discharge on account of dependent relatives.-When by reason of death or disability of a member of the family of an enlisted man, occurring after his enlistment, members of his family become dependent upon him for care or support, he may, in the discretion of the Secretary of War, be discharged from the service of the United States. Sec. 29, act of June 3, 1916 (39 Stat. 187), as amended by sec. 29, act of June 4, 1920 (41 Stat. 775). The section amended was similar except that it was limited in its application to cases where support was necessary and provided for the alternative of furlough to the Regular Army Reserve (now abolished, ante 2198). A provision of sec. 30, act of Feb. 2, 1901 (31 Stat. 756), had permitted discharge after one year's service where one parent had died and the other was solely dependent upon the soldier for support. 2201. Discharge on account of dependents during the World War.The President may provide for the discharge of any or all enlisted men whose status with respect to dependents renders such discharge advisable; Sec. 7, act of May 18, 1917 (40 Stat. 81). The above is emergency legislation and no longer operative. * 2202. Discharge of temporary forces for the World War.Provided further, That all persons who have enlisted since April first, nineteen hundred and seventeen, either in the Regular Army or in the National Guard, and all persons who have enlisted in the National Guard since June third, nineteen hundred and sixteen, upon their application, shall be discharged upon the termination of the existing emergency. * Sec. 7, act of May 18, 1917 (40 Stat. 81). The above is emergency legislation and no longer operative. The Secre 2203. Discharge of veterans intending to reenlist.— tary of War is authorized to discharge any or all of these men enlisted prior to April 2, 1917, who desire discharge from their old enlistment for the purpose of so reenlisting, regardless of whether or not the period of their original contract or enlistment has been completed: *Joint Res. 14, Sept. 29, 1919 (41 Stat. 291). The above is emergency legislation and no longer operative. 2204. Issue of certificate of discharge under true name. That the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during any war between the United States and any other nation or people and were honorably discharged therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them, but no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. Act of Aug. 22, 1912 (37 Stat. 324). Similar provisions for relief of soldiers and sailors who enlisted or served under assumed names during the war of the Rebellion were made by act of Apr. 14, 1890, amended by act of June 25, 1910 (26 Stat. 55; 36 Stat. 824). 2205. Lost certificate of discharge replaced.—That whenever satisfactory proof shall be furnished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the military service of the United States has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish to such officer or enlisted man, or to the widow of such officer or enlisted man, a certificate of such discharge, to be indelibly marked, so that it may be known as a certificate in lieu of a lost or destroyed discharge: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. Act of July 1, 1902 (32 Stat. 629). 2206. Forging, etc., certificate of discharge.—Whoever shall forge, counterfeit, or falsely alter any certificate of discharge from the military or naval service of the United States, or shall in any manner aid or assist in forging, counterfeiting, or falsely altering any such certificate, or shall use, unlawfully have in his possession, exhibit, or cause to be used or exhibited, any such forged, counterfeited, or falsely altered certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not more than $1,000 or imprisoned not more than one year, or both, in the discretion of the court. Act of Mar. 4, 1917 (39 Stat. 1182). 2207. Computation of foreign service toward retirement. That in computing length of service for retirement credit for double time for foreign service shall not be given to those who hereafter enlist: And provided further, That nothing in this provision shall be so construed as to forfeit credit for double time already accrued. Act of Aug. 24, 1912 (37 Stat. 575). Provision for retirement after 30 years of service is made by act of Mar. 2, 1907 (31 Stat. 1217), ante, 1705. Former acts provided that foreign service should be computed as double time as follows: Provided, That hereafter in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Porto Rico, Cuba, or in the Philippine Islands." Act of May 26, 1900 (31 Stat. 209). "Hereafter, in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, the same as is now given in Porto Rico, Cuba, and the Philippine Islands." Act of Mar. 2, 1903 (32 Stat. 933). Provided, That hereafter in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama; but double credit shall not be given for service hereafter rendered in Porto Rico or the Territory of Hawaii." Act of Apr. 23, 1904 (33 Stat. 264). 2208. Employment of retired soldiers on active duty.- * * * The President * * and he may also authorize the employment on any active duty of retired enlisted men of the Regular Army, either with their rank on the retired list or in higher enlisted grades, and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed. Sec. 7, Act of May 18, 1917 (40 Stat. 81). Notes of Decisions. Status of retired enlisted men.-Enlisted men, after retirement, are not a part of the Army. U. S. v. Union Pac. R. Co. (1919), 249 U. S. 354; Murphy v. U. S. (1903), 38 Ct. Cl. 511; Id. (1204), 39 Ct. Cl. 178. 2209. Enticing, persuading, or aiding to desert.-Whoever shall entice or procure, or attempt or endeavor to entice or procure, any soldier in the military service, or any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, seaman, or other person in deserting or in attempting to desert from such service; or whoever shall harbor, conceal, protect, or assist any such soldier, seaman, or other person who may have deserted from such service, knowing him to have deserted therefrom, or shall refuse to give up and deliver such soldier, seaman, or other person on the demand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars. Sec. 42, Criminal Code, act of Mar. 4, 1909 (35 Stat. 1097). to be 16 years of age, to secure said soldier's release from service because of enlistment without the father's consent, who merely advised the soldier, who was then a deserter, to remain away from the authorities until notified, held not to have "harbored, con cealed or assisted" the deserter within the meaning of this section, which requires some positive physical act, done with knowledge and intent to aid in the wrongful purpose of the deserter. Firpo v. U. S. (C. C. A. 1919), 261 Fed. 850. 2210. Arrest of deserters by civil officials.-That United States marshals and their deputies, sheriffs and their deputies, constables, and police officers of towns and cities are hereby authorized to apprehend, arrest, and receive the surrender of any deserter from the Army for the purpose of delivering him to any person in the military service authorized to receive him. Sec. 3, act of June 16, 1890 (26 Stat. 158.) That it shall be lawful for any civil officer having authority under the laws of the United States, or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government. Sec. 6, act of June 18, 1898 (30 Stat. 484). Notes of Decisions. Arrest under prior laws.-See Kurtz v. Moffitt (1885), 6 Sup. Ct. 148, 115 U. S. 487, 29 L. Ed. 458; U. S. v. Gleason (C. C. 1864), Fed. Cas. No. 15,215; Id. (C. C. 1867), Fed. Cas. No. 15,216; Clark v. Cumins (1868), 47 Ill. 372; Hutchings v. Van Bokkelen (1852), 34 Me. 126; Hickey v. Huse (1869), 56 Me. 493; Trask v. Payne (N. Y. 1865), 43 Barb. 569; Hawley v. Butler (N. Y. 1866), 48 Barb. 101; Hawley v. Butler (N. Y. 1868), 54 Barb. 490. Purpose of section.-Congress, by giving permission to civil officers to make arrests of deserters, did Lot intend to take away the authority then existing to make such arrests on the part of the officers of the Army, but the act was intended to enable civil authorities to aid and assist the military in apprehending deserters. In re Fair (C. C. 1900), 100 Fed. 149. Shooting in attempting to arrest deserter.See In re Matthews (D. C. 1902), 122 Fed. 248. See also notes to A. W. 92, ch. 52, post. for 2211. Reimbursement for expense of apprehending a deserter.the apprehension, securing, and delivering of deserters, including escaped military prisoners, and the expenses incident to their pursuit, and no greater sum than $50 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 June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Quartermaster Corps, Incidental expenses. Similar provision appears in previous appropriation acts. * * 2212. Pension forfeited for desertion.-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), as amended by act of May 11, 1908 (35 Stat. 110). The section, as originally enacted, contained provisions for an increase in time of war of the pay of enlisted men, of 20 per cent, to which the provision set forth here was annexed as a proviso. Said provisions were omitted, by amendment of the section to read as set forth here, as cited above. Desertion as a military offense is punished under A. W. 58, ch. 52, post. 2213. Citizenship forfeited for desertion.-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 |