75. Dental Corps; composition.

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Hereafter the Dental Corps of the Army shall consist of commissioned officers of the same grade and proportionally distributed among such grades as are now or may be hereafter provided by law for the Medical Corps, who shall have the rank, * * * of officers of corresponding grades in the Medical Corps, including the right to retirement as in the case of other officers, * Act of Oct. 6, 1917 (40 Stat. 397); U.S.O. 10: 121.

The above provision, quoted in a note under section 75 of the original Military Laws, 1929, is added as a new paragraph of the section.

The provision as to grade and proportional distribution was impliedly repealed by 279, post.

80. Contract nurses; laws applicable.

This section, based on sec. 202 (10), act of June 7, 1924 (43 Stat. 620), as amended; U.S.C. 38: 484, was repealed by 1059k, post. The subject matter is covered by 1090a, post.

82. Chief of Ordnance; duties.

The last clause of the fourth paragraph of this section, reading:

"and for the safe-keeping and preservation of all ordnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance therewith "——

should be omitted as repealed by 111, post.

92. Chaplains; number.

The last note to the original text of this section, beginning "By 149, 163, post", should be omitted.

94. Same; duties.

The second paragraph of this section, based on R.S. 1126 as amended by the act of Feb. 27, 1877 (19 Stat. 242), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1428).

103. Philippine Scouts; composition and organization.

The President is authorized at any time to disband the Philippine Scouts or to reduce the personnel thereof.

Sec. 301, Title III, Part II, act of June 30, 1932 (47 Stat. 407); U.S.C. 10:321a.

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This section, based on R.S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).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. The above provision was omitted from the original text of the Military Laws, 1929. 130. Appointment of warrant officers.

"U.S.O. 10: 596" should be added to the citations to both the third and fourth paragraphs of this section.

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.

139. Civil rights; immunity from arrest.

NOTES OF DECISIONS

Imprisonment for failure to pay alimony.-Civil 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 contempt in that he failed to pay alimony decreed 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.

144. Command; officers of the Finance Department.

This section, based on R.S. 1183, U.S.C. 10:176, is omitted as obsolete.

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.

147. Same; dental surgeons.

"U.S.C. 10: 130" should be added to the citation to this section.

151a. Conviction of felony.-* * * Provided further, That no appropriation contained in this Act shall be available for the pay and allowance of any commissioned officer convicted of felony and which conviction has been affirmed by an appellate court unless approved by the Secretary of War. Title I, act of Mar. 4, 1933 (47 Stat. 1574), making appropriations for the War Department.

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.

The original text of this section, based on act of Feb. 28, 1929 (45 Stat. 1354), making appropriations for the War Department, is superseded by the above.

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, and "10: 498a" to the third paragraph.

Additional pay for officers so detailed was suspended for the fiscal year 1934 by 1634m,

post.

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.

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

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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 speci

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.

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, whose lineal rank shall be above that of captain, shall be Commissioners of the District of Columbia, and who, from and after July first, eighteen hundred and seventy-eight, shall exercise all the powers and authority now vested in the Commissioners of said District, except as are hereinafter limited or provided, and shall be subject to all restrictions and limitations and duties which are now imposed upon said commissioners. The commissioner who shall be an officer detailed, from time to time, from the Corps of Engineers, by the President, for this duty, shall not be required to perform any other, nor shall he receive any other compensation than his regular pay and allowances as an officer of the Army. * * Sec. 2, act of June 11, 1878 (20 Stat. 103).

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* * * The President of the United States may detail from the Engineer Corps of the Army not more than three officers, junior to the engineer officer belonging to the Board of Commissioners of said District, to act as assistants to said engineer commissioner in the discharge of the special duties imposed upon him by the provisions of this Act. Sec. 5, act of June 11, 1878 (20 Stat. 107), as amended by act of Aug. 7, 1894 (28 Stat. 246).

* * * Hereafter such engineer commissioner may, in the discretion of the President of the United States, be detailed from among the captains or officers of higher grade having served at least fifteen years in the Corps of Engineers of the United States. Pub. res. Dec. 24, 1890 (26 Stat. 1113).

The above provisions were omitted from the original text of the Military Laws, 1929. By act of March 3, 1881 (21 Stat. 460), it is provided that the engineer commissioner shall be entitled to receive such compensation, in addition to his Army pay and allowances, as will make his compensation equal to $5,000 per annum, and recent District of Columbia appropriation acts have provided for compensating him at such rate in grade 8 of the professional and scientific service of the Classification Act of 1923 as may be determined by the Board of Commissioners.

By section 4, act of February 27, 1931 (46 Stat. 1426), the engineer commissioner is made chairman of a joint board consisting of the Commissioners of the District of Columbia and the members of the Public Utilities Commission, established for the adoption of traffic regulations in the District of Columbia.

173. Detail to educational institutions as superintendent or professor.

This section, based on R. S. 1225, as amended by section 1, act of September 26, 1888 (25 Stat. 491), act of January 13, 1891 (26 Stat. 716), and act of November 3, 1893 (28 Stat. 7), should be omitted as superseded by 174 and 175, post.

177. Detail to Federal Power Commission; officers of the Engineer Corps.— * * * The commission may request the President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, to serve the commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the commission; and such detail is hereby authorized. * * * Sec. 2, act of June 10, 1920 (41 Stat. 1063), as amended by sec. 1, act of June 23, 1930 (46 Stat. 798); U.S.O. 16: 793.

The original text of this section was amended to read as above.

178. Detail to flying duty; number restricted.

"U.S.C. 37: 29" should be added to the citation to this section.

181. Detail to advisory board for hygienic laboratory; officer of the Medical Department.

By section 13, act of April 9, 1930 (46 Stat. 152), the advisory board for the Hygienic Laboratory was thereafter to be known as the National Advisory Health Council, and by section 1, act of May 26, 1930 (40 Stat. 379), the Hygienic Laboratory was designated as the National Institute of Health, all laws, authorizations, and appropriations pertaining to the former being made applicable to the latter.

182. Detail in connection with Indian education.

Citation to second paragraph of this section should read: Act of July 31, 1882 (22 Stat. 181); U.S.C. 25: 276.

183. Detail as Indian agents.

The first paragraph of this section, based on section 1, act of July 1, 1898 (30 Stat. 573), U.S.C. 25:27, should be omitted as obsolete.

197. Detail to Philippine Constabulary.

"U.S.C. 10:537" should be added to the citation to the second paragraph of this section. 202. Details to special duty restricted.

The second and third paragraphs of this section, based on R.S. 1235 and 1236, respectively, were expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1428).

As the appropriation made by section 9, act of February 28, 1919 (40 Stat. 1202), U.S.C. 10: 643, on which the fourth paragraph of this section was based, has long since been exhausted, the provision may be regarded as fully executed and should be omitted. 207a. Detail of retired officers; general provisions.officer shall not be assignable to any other duty. 10:990.

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* and a retired R. S. 1259; U.S.C.

The above provision, omitted from the original text of the Military Laws, 1929, follows a provision authorizing detail of retired officers to duty at the Soldiers' Home (see 222, post). While modified by various subsequent enactments (see 208, post, et seq.), it is believed still effective to prevent the detail of retired officers to duty except under circumstances expressly prescribed by law.

210. Same; Alaska Road Commission.

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.

211. Same; courts-martial, courts of inquiry, and boards.

The provision "and such officers while so assigned shall receive the full pay and allowances of their respective grades" should be omitted as superseded by 1513, post.

212. Same; to educational institutions as president, superintendent, or professor. This section, based on section 1, act of May 4, 1880 (21 Stat. 113), and act of August 6, 1894 (28 Stat. 235), should be omitted as superseded by 215, post.

213. Same; to educational institutions as superintendent or professor.

This section, based on R.S. 1225 as amended by act of November 3, 1893 (28 Stat. 7), and act of March 3, 1909 (35 Stat. 738), should be omitted as superseded by 215, post. 214. Same; to educational institutions as instructors in military drill and tactics.

This section, based on R.S. 1225, as amended by section 1, act of February 26, 1901 (31 Stat. 810), section 2, act of February 26, 1901 (31 Stat. 810), and section 1, act of April 21, 1904 (33 Stat. 225), and on section 2, act of April 21, 1904 (33 Stat. 225), should be omitted as superseded by 215, post.

217. Same; as military attachés.

The provision "and such officers while so assigned shall receive the full pay and allowances of their respective grades" should be omitted as superseded by 1513, post.