356. Offenses committed prior to the enactment of the present code. "U.S.C. 10: 1593a" should be added to the citation to this section. 359 (A.W.2). Persons subject to military law. NOTES OF DECISIONS Persons not in military service; improper Finduction.-Alleged deserter not served with notice of finding of physical qualification was unlawfully inducted into military service as respected jurisdiction of courtmartial. Ver Mehren v. Sirmyer (C.C.A. 1929) 36 F. (2d) 876. Lack of jurisdiction of court martial could not be waived by a defendant who 'had not been lawfully drafted into military service. Id. Dropping name from official register.The dropping of the name of a Naval officer from the official register does not raise a presumption that the President has dropped him from the rolls, under Article 36 of the Articles for the Government of the Navy (similar to 476, post), and he remains amenable to trial by courtmartial. Ex parte Smith (D.C.Me. 1931) 47 F. (2d) 257. 360 (A.W. 3). Courts-martial classified. NOTES OF DECISIONS Collateral attack.-Party asserting va- facts. Ver Mehren v. Sirmyer (C.C.A. lidity of judgment of court-martial has 1929) 36 F. (2d) 876. burden of proving necessary jurisdictional 362 (A.W. 5). General courts-martial. NOTES OF DECISIONS Number of members.-Accused, by silence in court-martial proceeding, waived -objection to trial before court-martial of 369 (A.W. 12). General courts-martial. seven instead of nine members. Aderhold, Warden, v. Menefee (C.C.A. 1933), 67 F. (2d) 345. NOTES OF DECISIONS Crimes committed on high seas.-Crime committed on United States warship on high seas is committed without "territorial Jurisdiction of United States", and is there fore triable by court-martial, where committed by an enlisted man of the Navy belonging to vessel. Aderhold, Warden, v. Menefee (C.C.A. 1933), 67 F. (2d) 345. machine, owner to lose control of the Result of own misconduct.-Where enlisted men had been absent on 24-hour passes and were returning to their station on a two-seated motorcycle belonging to one of them, several hours after expiration of the 24-hour period, when the lights of the motorcycle suddenly failed, causing 466 (A.W. 108). Soldiers-Separation from the service. NOTES OF DECISIONS Terms of discharge.-Change citation to second paragraph to read as follows: Reid v. U.S. (D.C. 1908), 161 Fed. 469; writ of error dismissed, 211 U.S. 529. Demurrer to answer, in petition for mandamus alleging that the form of discharge granted a man duly inducted for military service but never entrained, due to cancellation of all calls on November 11, 1918, was a matter within the sound discretion of the Secretary of War, overruled. Story v. Dern, Sec'y of War, et al. (Oct. 1934); At law, No. 841298, Dist. Col. Supr. Ct. (No opinion.) The words "honorably discharged" in a certificate of discharge do not necessarily control where the War Department has ruled that a soldier having a certificate of discharge containing such words was nevertheless not honorably separated. Horylev v. New York State Bonus Commis sion (N.Y. Sup. Ct., App. Div., 1927), 221 N.Y. Supp. 548. 476 (A.W. 118). Officers, separation from service. NOTES OF DECISIONS Effect of not carrying name in official register. A Navy court-martial has jurisdiction to try a naval officer, regardless of the fact that his name had not been carried in the official register after his deser tion. Affirmative action of the President in dropping him from the rolls cannot be inferred from mere fact that his name was SO omitted. Ex parte Smith (D.C.Me. 1931) 47 F. (2d) 257. CHAPTER 4 USE OF THE ARMY 486. Indian Country; general provision. This section, based on R.S. 2150; U.S.C. 25: 223, and R.S. 2151; U.S.C. 25:224, was expressly repealed by act of May 21, 1934 (48 Stat. 787). 487. Same; arrest of Indians. This section, based on R.S. 2152; U.S.C. 25: 225, was expressly repealed by act of May 21, 1934 (48 Stat. 787). 489. Same; removal of unauthorized persons. This section, based on R.S. 2147; U.S.C. 25: 220, was expressly repealed by act of May 21, 1934 (48 Stat. 787). 494. Prevention of peonage. The second paragraph of this section, based on R.S. 1991, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429). 26 28 1 ARMY SERVICE AND POST SCHOOLS Coast Artillery School, 509. Engineer School, 510. 506. Army War College. Field Artillery School, 511. "U.S.O. 10: 9" should be eliminated from the citation to the first paragraph of this section. 509. Coast Artillery School.-For purchase of engines, generators, motors, machines, measuring and nautical instruments, special apparatus, and materials for experimental purposes for the engineering and artillery and military art departments and enlisted specialists division; for purchase and binding of professional books treating of military and scientific subjects for library, for use of school, and for temporary use in coast defense; for incidental expenses of the school, including chemicals, stationery, printing and binding; hardware; materials; cost of special instruction of officers detailed as instructors; employment of temporary, technical, or special services; for office furniture and fixtures; for machinery; for maintenance, operation, and repair of motor trucks; and unforeseen expenses; in all, $27,385. Title I, act of Mar. 4, 1933 (47 Stat. 1587), making appropriations for the War Department. The original text of this section, based on act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the War Department, is superseded by the above provision, which has been repeated in subsequent appropriation acts. 510. The Engineer School.—* * * for the operation and maintenance of the Engineer School, including (a) compensation of civilian lecturers, and (b) purchase and binding of scientific and professional books, pamphlets, papers, and periodicals * * * and for the compensation of civilian employees *. Title I, act of Apr. 26, 1934 (48 Stat. 629), making appropriations for the War Department. * * The original text of this section, based on act of Feb. 28, 1929 (45 Stat. 1363), making appropriations for the War Department, is superseded by the above provision. 511. Field Artillery School.-For the pay of employees, the purchase of books, pamphlets, periodicals, and newspapers, procurement of supplies, materials, and equipment for instruction purposes, and other expenses necessary in the operation of the Field Artillery School of the Army, and for the instruction of the Army in Field Artillery activities, $26,805. Title I, act of Feb. 23, 1931 (46 Stat. 1294), making appropriations for the support of the War Department. The first paragraph of this section, based on act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the War Department, is superseded by the above, which has been repeated in subsequent appropriation acts. 513. Infantry School. For the procurement of books, publications, instruments, and materials, and other necessary expenses for instruction at the Infantry School, and for pay of employees at the Infantry School and in the office |