*

2246. Exemption from the selective draft on account of dependents, or for physical or moral deficiency.-* * and the President is hereby authorized to exclude or discharge from said selective draft or to draft for partial military service only those in a status with respect to persons dependent upon them for support which renders their exclusion or discharge advisable; and those found to be physically or morally deficient. 4, act of May 18, 1917 (40 Stat. 78, 79).

Notes of Decisions.

Dependency.-Under this section dependency is not a matter of which the courts can take judicial notice. Ex parte Dostal (D. C. 1917), 243 Fed. 664.

A "dependent" is a person who is not self-sustaining and relies on another for support, and under the selective service act and regulations, providing for exemption to registrants having dependent parents, the exemption should not be granted if the parent is able to maintain himself, either from property which he owns or from his labor. U. S. v. McHugh (D. C. 1917), 253 Fed. 224.

Jurisdiction of courts as to physical or medical standards.-This relator applies for writ of habeas corpus for discharge from

*

Sec.

military service on the ground that he is afflicted with a disease which makes necessary his discharge from further service in the Army. He bases his application on the provisions of the selective draft act and the rules thereunder, which direct rejection and discharge from the military service of men afflicted with diseases, which the relator claims to be less severe than that from which he suffers. The court held that it had no jurisdiction to consider the physical or medical standards by which persons otherwise eligible are to be judged either for admission to or discharge from the National Army. Ex parte Traina (D. C. 1918), 248 Fed. 1004.

and

2247. Conscientious objectors exempted from the selective draft.— * * nothing in this Act contained shall be construed to require or compel any person to serve in any of the forces herein provided for who is found to be a member of any well-recognized religious sect or organization at present organized and existing and whose existing creed or principles forbid its members to participate in war in any form and whose religious convictions are against war or participation therein in accordance with the creed or principles of said religious organizations, but no person so exempted shall be exempted from service in any capacity that the President shall declare to be noncombatant; Sec. 4, act of May 18, 1917 (40 Stat. 78).

See notes to 2244, ante.

* *

*

And provided

2248. Registrants formerly in the Navy may reenlist. further, That men registered under the provisions of this Act who have served in the Navy of the United States shall, upon their own application, be permitted to reenlist in the naval or marine service of the United States with and by the approval of the Secretary of the Navy. Sec. 3, act of Aug. 31, 1918 (40 Stat. 956), amending sec. 5, act of May 18, 1917 (40 Stat. 80).

*

No

2249. Removal of cause for exemption from the selective draft.— exemption or exclusion shall continue when a cause therefor no longer exists.

* Sec. 4, act of May 18, 1917 (40 Stat. 79).

2250. Substitute for a drafted soldier.- a ** * and no person liable to military service shall hereafter be permitted or allowed to furnish a substitute for such service; nor shall any substitute be received, enlisted, or enrolled in the military service of the United States; and no such person shall be permitted to escape such service or to be discharged therefrom prior to the expiration of his term of service by the payment of money or any other valuable thing whatsoever as consideration for his release from military service or liability thereto. Sec. 3, act of May 18, 1917 (40 Stat. 78).

2251. Aliens to register for the draft. That the President may by proclamation set a day or days and place or places for the registration for military service of male aliens within designated ages residing within the United States who are citizens or subjects of a foreign country with whose Government the United States has concluded or hereafter concludes a convention or agreement in accordance with the terms of which its citizens or subjects within designated ages, residing within the United States, become under certain conditions liable to be drafted into the military service of the United States; that upon proclamation by the President stating the time and place of such registration it shall be the duty of any such alien, unless exempted from registration by the terms of the President's proclamation, to present himself for and submit to registration under the provisions of the Act approved May eighteenth, nineteen hundred and seventeen, entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States,” and all amendments thereto, and he shall thereupon be registered in the same manner as those previously registered under the terms of said Act; and every such alien shall be deemed to have notice of the requirements of said Act and this joint resolution upon the publication by the President of any such proclamation, and any such alien who shall willfully fail or refuse to present himself for registration or to submit thereto shall be subject to all the provisions and liable to all the penalties provided in said Act or any amendment thereto. Sec. 1, chap. XII, act of July 9, 1918 (40 Stat. 884).

See notes to 2239, ante.

2252. Exemption of alien residents from the draft.-That any such alien, when registered, shall be and remain liable to military service in the forces of the United States and subject to draft under the provisions of said convention or agreement and of said Act and all amendments thereto, and subject to such regulations as the President may have prescribed or may prescribe under the terms thereof, unless during the period specified in the convention or agreement concluded with the country whereof he is a citizen or subject and designated in the President's proclamation, he shall have enlisted or enrolled in the military forces of his own country or returned to his own country for the purpose of enlisting or enrolling in its military forces, or unless the country whereof he is a citizen or subject, through its diplomatic representatives, in accordance with the terms of the convention or agreement concluded between the United States and such foreign country, shall issue to such alien a certificate of exemption from military service. Sec. 2, chap. XII, act of July 9, 1918 (40 Stat. 884).

See notes to 2239, ante.

2253. Alien resident exempted from the draft by withdrawing his intention of citizenship.-* Provided further, That a citizen or subject of a country neutral in the present war who has declared his intention to become a citizen of the United States shall be relieved from liability to military service upon his making a declaration, in accordance with such regulations as the President may prescribe, withdrawing his intention to become a citizen of the United States, which shall operate and be held to cancel his declaration of intention to become an American citizen, and he shall forever be debarred from becoming a citizen of the United States. Sec. 2. act of May 18, 1917 (40 Stat. 77), as amended by sec. 1, act of Aug. 31, 1918 (40 Stat. 955).

See notes to 2239, ante.

2254. Liability of alien registrant to draft. That any such alien, after the expiration of the time fixed by the President's proclamation within which he may enlist or enroll in the military forces of his own country, return to his own country for the purpose of military service, or be exempted through the diplomatic representative of the country whereof he is a citizen or subject, shall be and remain subject in all respects to the terms, provisions, liabilities, and penalties of said Act and all amendments thereto, except as modified by the terms of the convention or agreement concluded between the United States and the country whereof such alien is a citizen or subject, and shall be subject to such regulations as the President may have prescribed or may prescribe under the terms of said Act. Sec. 3, chap. XII, act of July 9, 1918 (40 Stat. 884). See notes to 2239, ante, entitled "Treaties exempting aliens from service." 2255. Induction into military service. That all men rendered available for induction into the military service of the United States through registration or draft heretofore or hereafter made pursuant to law, shall be liable to service in the Army or the Navy or the Marine Corps, and shall be allotted to the Army, the Navy, and the Marine Corps under regulations to be prescribed by the President: Provided, That all persons drafted and allotted to the Navy or the Marine Corps in pursuance hereof shall, from the date of allotment, be subject to the laws and regulations governing the Navy and the Marine Corps, respectively. Sec. 4, act of Aug. 31, 1918 (40 Stat. 956).

The title of the act of Aug. 31, 1918, declares it to be generally amendatory of the act of May 18, 1917 (40 Stat. 76).

2256. Restricted military service.- ** * That during the present war the President be, and he is hereby, authorized to enlist for service in the offices of the War Department or under its control or on detached service under its jurisdiction men outside the draft ages, and for the same purpose to draft men within such ages, who have been disqualified by minor physical defects for active service in the Army; to establish regulations under which such enlistments may be made, and to fix the pay and allowances of men so enlisted or drafted, which said pay and allowances shall not exceed those of enlisted men of the Regular Army. * Chap. XX, act of July 9, 1918 (40 Stat. 894).

2257. Records pertaining to the selective draft.-The unexpended balance of the $3,500,000, reappropriated in the Army Appropriation Act for the fiscal year 1920, approved July 11, 1919, for the completion, preservation, and transportation of the records pertaining to the draft under the Act entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," approved May 18, 1917, including the employment of the necessary clerical and other help for duty in the office of The Adjutant General of the Army in connection with the arrangement, operation, and maintenance of the files of those records, and for the employment of clerical help required to furnish to the adjutants general of the several States statements of service of all persons from those States who entered the military service during the war with Germany, is hereby reappropriated and made available for the fiscal year 1921, for all expenses, including the employment of clerical and other help in the office of The Adjutant General of the Army, necessary for the completion and preservation of the selective-service records and the completion of the work of furnishing statements of service to adjutants general of States: Provided, That this appropriation shall be disbursed by such officer as may be designated by the Secretary of War for the purpose. Act of June

5, 1920 (41 Stat. 951), making appropriations for the support of the Army: Completion and preservation of the selective service records.

By the act of July 9, 1918 (40 Stat. 851), a fund of $15,751,000 was appropriated "for all expenses necessary in the registration of persons available for military service and in the selection of certain such persons and their draft into the military service," of which $3,500,000 was reappropriated by the act of July 11, 1919 (41 Stat. 109), as set forth above.