Military Laws of the United States (Army)

2596. Stoppage of pay.Provided, That stoppages may be made against the compensation payable to any officer or enlisted man hereunder to cover the cost of public property lost or destroyed by and chargeable to such officer or enlisted man. * Sec. 110, act of June 3, 1916 (39 Stat. 210). 2597. Restrictions on payment of the National Guard.* Except as otherwise specifically provided herein, no money appropriated under the provisions of this or the last preceding section shall be paid to any person not on the active list, nor to any person over sixty-four years of age, nor to any person who shall fail to qualify as to fitness for military service under such regulations as the Secretary of War shall prescribe, nor to any State, Territory, or District, or officer or enlisted man in the National Guard thereof, unless and until such State, Territory, or District provides by law that staff officers, including officers of the Pay, Inspection, Subsistence, and Medical Departments, hereafter appointed, shall have had previous military experience and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the militia of such State, Territory, or District: Provided further, That the preceding proviso shall not apply to any State, Territory, or District until sixty days next after the adjournment of the next session of its legislature held after the approval of this Act. Sec. 110, act of June 3, 1916 (39 Stat. 210).

2598. Pay of the National Guard when participating in maneuvers.-When any portion of the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, under the provisions of this Act, it may, after being duly mustered, be paid at any time after such muster for the period from the date of leaving the home rendezvous to date of return thereto as determined in advance, both dates inclusive; and such payment, if otherwise correct, shall pass to the credit of the disbursing officer making the same. Sec. 98, act of June 3, 1916 (39 Stat. 207).

This section superseded a proviso of the Army appropriation act for the fiscal year 1907, act of June 12, 1906 (34 Stat. 249), as follows: Hereafter when any portion of the organized militia of any State, Territory, or the District of Columbia participates in the encampment, maneuvers, and field instruction of any part of the Regular Army, under the provisions of section fifteen of the Act of January twenty-first, nineteen hundred and three, they may, after being duly mustered by an officer of the Regular Army, be paid at any time after such muster for the period from the date of leaving the home rendezvous to date of return thereto as determined in advance, both dates inclusive, and such payment, if otherwise correct, shall pass to the credit of the paymaster making the same."

Provided, That mem

2599. Pay of the National Guard Reserve. bers of said reserve, officers and enlisted men, when engaged in field or coast defense training with the active National Guard, shall receive the same Federal pay and allowances as those occupying like grades on the active list of said guard when likewise engaged: Provided further, That, except as otherwise specifically provided in this Act, no commissioned or enlisted reservist shall receive any pay or allowances out of any appropriation made by Congress for National Guard purposes. Sec. 78, act of June 3, 1916 (39 Stat. 202), as amended by sec. 42, act of June 4, 1920 (41 Stat. 782).

* Pro

2600. Traveling expenses of property and disbursing officers.vided, That when traveling in the performance of his official duties under

orders issued by the proper authorities he shall be reimbursed for his actual necessary traveling expenses, the sum to be made a charge against the allotment of the State, Territory, or District of Columbia:

June 3, 1916 (39 Stat. 200).

2601. Reduced rates of transportation.

Sec. 67, act of

Provided further, That

hereafter nothing in the Act of February fourth, eighteen hundred and eightyseven, known as the Act to regulate commerce, or any amendments thereto, shall be construed to prohibit any common carrier from giving reduced rates for members of National Guard organizations traveling to and from joint encampments with the Regular Army. Act of Aug. 29, 1916 (39 Stat. 646).

2602. Arms, equipment, and uniform to be same as for Regular Army. The National Guard of the United States shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniforms, arms, and equipments as are or shall be provided for the Regular Army. Sec. 82, act of June 3, 1916 (39 Stat. 203).

See 2728, post, as to wearing the uniform of the National Guard.

The wearing of the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform similar in any part to a distinctive part of said duly prescribed uniforms, by any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps, was prohibited by sec. 125 of this act, 2728, post. Said prohibition was not to be construed so as to prevent officers and enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers and enlisted men of the National Guard. by a proviso annexed to said section. Said section, in a further proviso, provided that the uniforms worn by officers or enlisted men of the National Guard should include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniform of the United States Army, Navy, and Marine Corps.

2603. Procurement and issue of arms, equipment and clothing.-The Secretary of War is hereby authorized to procure, under such regulations as the President may prescribe, by purchase or manufacture, within the limits of available appropriations made by Congress, and to issue from time to time to the National Guard, upon requisition of the governors of the several States and Territories or the commanding general of the National Guard of the District of Columbia, such number of United States service arms, with all accessories, field artillery matériel, engineer, coast artillery, signal and sanitary matériel, accouterments, field uniforms, clothing, equipage, publications, and military stores of all kinds, including public animals, as are necessary to arm, uniform, and equip for field service the National Guard in the several States, Territories, and the District of Columbia: Sec. 83, act of June 3, 1916 (39 Stat. 203).

Appropriations for the supply of the National Guard are made regularly in acts for the support of the Army.

This section is part of sec. 83 of the national defense act. Sections 83, 84, 85, of the national defense act, probably supersede sec. 13, act of Jan. 21, 1903 (32 Stat. 777), as amended by see. 8, act of May 27, 1908 (35 Stat. 401), which was as follows:

"The Secretary of War is hereby authorized to procure, by purchase or manufacture, and issue from time to time to the organized militia, under such regulations as be may prescribe, such number of the United States service arms, together with all accessories and such other accouterments, equipments, uniforms, clothing, equipage, and military stores of all kinds required for the Army of the United States, as are necessary to arm, uniform, and equip all of the organized militia in the several States, Territories, and the District of Columbia, in accordance with the requirements of this Act, without charging the cost or value thereof, or any expense connected therewith, against the allotment of said State, Territory, or the District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes as amended, or requiring payment therefor, and to exchange, without receiving any money

credit therefor, ammunition or parts thereof suitable to the new arms, round for round, for corresponding ammunition suitable to the old arms heretofore issued to said State, Territory, or the District of Columbia by the United States: Provided, That said property shall remain the property of the United States, except as hereinafter provided, and be annually accounted for by the governors of the States and Territories as required by law, and that each State, Territory, and the District of Columbia shall, on receipt of new arms or equipments, turn in to the War Department, or otherwise dispose of in accordance with the directions of the Secretary of War, without receiving any money credit therefor and without expense for transportation, all United States property so replaced or condemned. When the organized militia is uniformed as above required, the Secretary of War is authorized to fix an annual clothing allowance to each State, Territory, and the District of Columbia for each enlisted man of the organized militia thereof, and thereafter issues of clothing to such States, Territories, and the District of Columbia shall be in accordance with such allowance, and the governors of the States and Territories and the commanding general of the militia of the District of Columbia shall be authorized to drop from their returns each year as expended clothing corresponding in value to such allowance. The Secretary of War is hereby further authorized to issue from time to time to the organized militia, under such regulations as he may prescribe, small arms and artillery ammunition upon the requisition of the governor, in the proportion of fifty per centum of the corresponding Regular Army allowance, without charge to the State's allotment from the appropriation under section sixteen hundred and sixty-one, Revised Statutes, as amended. To provide means to carry into effect the provisions of this section, the necessary money to cover the cost of procuring, exchanging, or issuing of arms, accouterments, equipments, uniforms, clothing, equipage, ammunition, and military stores to be exchanged or issued hereunder is hereby appropriated out of any money in the Treasury not otherwise appropriated: Provided, That the sum expended in the execution of the purchases and issues provided for in this section shall not exceed the sum of two million dollars in any fiscal year: Provided also, That the Secretary of War shall annually submit to Congress a report of expenditures made by him in the execution of the requirements of this section."

2604. Supplying new type equipment, etc.-Under such regulations as the President may prescribe, whenever a new type of equipment, small arm, or field gun shall have been issued to the National Guard of the several States, Territories, and the District of Columbia, such equipment, small arms, and field guns, including all accessories, shall be furnished without charging the cost or value thereof or any expense connected therewith against the appropriations provided for the support of the National Guard. Sec. 84, act of June 3, 1916 (39 Stat. 204).

See also 2612, post.

The proviso at the end of this section was probably superseded by secs. 83, 84, 85, of the national defense act of June 3, 1916 (39 Stat. 203-204), 2603, 2604, ante, 2606, post.

2606. Exchange of obsolete equipment, etc., for new type. Each State, Territory, and the District of Columbia shall, on the receipt of new property issued

to replace obsolete or condemned prior issues, turn in to the War Department or otherwise dispose of, in accordance with the directions of the Secretary of War, all property so replaced or condemned, and shall not receive any money credit therefor. Sec. 85, act of June 3, 1916 (39 Stat. 204).

2607. Issue of Infantry equipment M. 1910 in place of obsolete type.— Provided, That whenever in the opinion of the Secretary of War a sufficient number of Infantry equipment, model of nineteen hundred and ten, shall have been procured and shall be available for the purpose the Secretary of War is hereby authorized to issue on the requisition of the governors of the several States and Territories or the commanding general of the District of Columbia National Guard, such numbers thereof as are required for equipping the National Guard in said States, Territories, and the District of Columbia, without charging the cost or value thereof or any expenses connected therewith, against any allotment to said States, Territories, or the District of Columbia, provided that the equipment thus issued shall be receipted for and shall remain the property of the United States and be annually accounted for in the manner prescribed by the Act of June third, nineteen hundred and sixteen, and that each State, Territory, and the District of Columbia shall, upon receipt of new equipment, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor and without expense for transportation of Infantry equipment now in its possession, the property of the United States, and replaced by articles of the model of nineteen hundred and ten equipment, Act of May 12, 1917 (40 Stat. 68), making appropriations for the support of the Army: National Guard.

This provision is similar to that contained in the act of Aug. 29, 1916 (39 Stat. 647), except, where the words, "in the manner prescribed by the act of June third, nineteen hundred and sixteen," are here used, the words, "by the governors of the several States, Territories, and commanding general of the District of Columbia National Guard as now required by law" are there used.

2608. Issue of automatic pistols in place of revolvers.- * *Provided, That whenever in his opinion a sufficient number of automatic pistols of the standard service type, holsters, and pistol-cartridge boxes therefor, shall have been procured and be available for the purpose, the Secretary of War is hereby authorized to issue, on the requisition of the governors of the several States and Territories, or of the commanding general of the Militia of the District of Columbia, such number of standard pistols, holsters, and pistol-cartridge boxes therefor as are required for arming all of the Organized Militia in said States, Territories, and District of Columbia, without charging the cost or value thereof, or any expense connected therewith, against the allotment to said State, Territory, or District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring payment therefor, and to exchange, without receiving any money credit therefor, ammunition, or parts thereof, suitable to the new standard pistol, round for round, for corresponding ammunition suitable to the old revolver theretofore issued to said States, Territory, or District by the United States: Provided, That the said standard pistols, holsters, and pistol-cartridge boxes therefor shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States and Territories and the commanding general of the Militia of the District of Columbia as now required by law, and that each State, Territory, and District shall, on receipt of the new pistols, holsters, and pistol-cartridge boxes, and ammunition, turn into the Ordnance Department of the United States Army, with

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out receiving any money credit therefor and without expense for transportation, all United States revolvers and ammunition therefor, holsters, and revolvercartridge boxes now in its possession.

To provide means to carry into effect the foregoing provisions, the necessary money, not to exceed three hundred thousand dollars, to recover the cost of exchanging or issuing the new pistols, ammuuition therefor, holsters, and pistol-cartridge boxes to be exchanged or issued hereunder, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. Act of Mar. 3, 1911 (36 Stat. 1057).

The portion of this section referring to R. S. 1661, was superseded by the provision for annual appropriation in sec. 67 of the national defense act of June 3, 1916, set forth 2584, ante.

2609. Care and protection of stores.Provided, That as a condition precedent to the issue of any property as provided for by this Act, the State, Territory, or the District of Columbia desiring such issue shall make adequate provision, to the satisfaction of the Secretary of War, for the protection and care of such property: * Sec. 83, act of June 3, 1916 (39 Stat. 204).

2610. Accounting for stores.-That the purchase or manufacture of arms, ordnance stores, quartermaster stores, and camp equipage for the militia under the provisions of this Act shall be made under the direction of the Secretary of War, as such arms, ordnance and quartermaster stores, and camp equipage are now manufactured or otherwise provided for the use of the Regular Army, and they shall be receipted for and shall remain the property of the United States, and be annually accounted for by the governors of the States and Territories and by the commanding general of the National Guard of the District of Columbia, for which purpose the Secretary of War shall prescribe and supply the necessary blanks and make such regulations as he may deem necessary to protect the interests of the United States. R. S. 1661, as amended by see. 3, act of June 22, 1906 (34 Stat. 450).

2611. Purchase of stores from any supply bureau of the War Department.— * Provided further, That whenever it shall be shown to the satisfaction of the Secretary of War that the National Guard of any State, Territory, or the District of Columbia, is properly organized, armed, and equipped for field service, funds allotted to that State, Territory, or District for the support of its National Guard may be used for the purchase, from the War Department, of any article issued by any of the supply departments of the Army. Sec. 83. act of June 3, 1916 (39 Stat. 204).

See 2617, post.

2612. Issue of clothing, equipment, etc., to the National Guard organized after the World War.-The Secretary of War is hereby authorized to issue from stores now on hand and purchased for the United States Army such articles of clothing and equipment matériel as may be needed by the National Guard organized under the provisions of the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes,” approved June 3, 1916. This issue shall be made without charge against militia appropriations and shall be reimbursed in kind for all Federal property brought into service by State troops: * * * Act of July 11, 1919 (41 Stat. 126), making appropriations for the support of the Army: National Guard.

And provided further, That the Secretary of War is hereby directed to issue from surplus stores and matériel now on hand and purchased for the

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Military Laws of the United States (Army), Volume 2