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military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests:
R. S. 1998, as amended by act of Aug. 22, 1912 (37 Stat. 356).
Sec. 1996, R, S., reads as follows:
"All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof."
Provision for removing charges of desertion against veterans of the Mexican War and the Civil War was made by R. S. 1997 and by acts of Mar. 2, 1889, and Mar. 2, 1895.
Desertion as a military offense is punished under A. W. 58, ch, 52, post.
Notes of Decisions. Construction.-Act of Mar. 31, 1865, im- Effect of conviction.-Whether the pen. posing forfelture of citizenship as an ad- alty imposed by sec. 21, act of Mar. 3, ditional penalty for desertion, is penal in 1865 (13 Stat. 490), on a person found its nature, and must receive a strict con- guilty of desertion from the Army of the struction in favor of the citizen. Hụber v. United States, depriving him of his rights Reily (1866), 53 Pa. St. (3 P. F. Smith) as a citizen of the United States, deprives 112,
him also of previously existing right as Necessity of conviction.—The provisions a citizen of this Commonwealth to vote of this section, imposing the additional for members of the general court, and penalties of forfeiture of citizenship and thus disqualifies him as a juror, quære. disqualification to hold office, can only take Commonwealth v. Wong Chung (1904), effect
on conviction by court-martial. 186 Mass. 231, 71 N. E. 292. Kurtz v. Moffitt (1885), 6 Sup. Ct. 148,
Honorable discharge of deserter. The 153, 115 U. S. 487, 29 L. Ed. 458; State v.
honorable discharge of deserter is Symonds (1869), 57 Me. 148; Holt formal final judgment passed by the Gov. Holt (1871), 59 Me. 464; Severance v. ernment upon his entire military record, Healey (1870), 50 N. H. 448; Gotcheus v. and a declaration that he left the service Matheson (N. Y. 1870), 58 Barb. 152, 40 in a status of honor. This applies to a How. Prac. 97; Goetcheus v. Matthewson soldier in the volunteer service equally (1875), 61 N. Y. 420; Huber V. Reily with soldier in the Regular Army. (1866), 53 Pa. St. (3 P. F. Smith), 112, Lander v. U. S. (1873), 9 Ct. Cl. 242. 23 Leg. Int. 228; McCafferty v. Guyer Naturalization.--An alien who bad de(1868), 59 Pa. St. (9 P. F. Smith) 109; serted from the military service, and had Brightly, Elect. Cas. 44,
been convicted and sentenced therefor by a court-martial, refused citizenship. In Gnadt (D, C. 1920), 269 Fed. 189.
2214. Instruction in common branches at post schools.---Schools shall be established at all posts, garrisons, and permanent camps at which troops are stationed, in which the enlisted men may be instructed in the common English branches of education, and especially in the history of the United States; and the Secretary of War may detail such officers and enlisted men as may be necessary to carry out this provision. It shall be the duty of the post or garrison commander to set apart a suitable room or building for school and religious purposes. R, S. 1231.
2215. Vocational instruction at post schools.
In addition to millitary training, soldiers while in the active service shall hereafter be given the opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general business occupations. Civilian teachers may be employed to aid the Army officers in giving such instruction, and part of this instruction may consist of vocational education either in agriculture or the mechanic arts.
Sec. 27, act of June 3, 1916 (39 Stat. 186). 2216. Regulation of vocational instruction.
The Secretary of War, with the approval of the President, shall prescribe rules and regulations for conducting the instruction herein provided for, and the Secretary of War shall have the power at all times to suspend, increase, or decrease the amount of such instruction offered as may in his judgment be consistent with the requirements of military instruction and service of the soldier. Sec. 27, act of June 3, 1916 (39 Stat. 186).
2217. Transfer of enlisted men to obtain vocational instruction, Provided, however, That the Secretary of War may, in his discretion, in order to carry out the last provision, select one or more and not exceeding three regi. ments of Infantry, Cavalry, or Field Artillery to be stationed at a regimental post within the continental limits of the United States on or before July first, nineteen hundred and seventeen, and may transfer from such regiment to other organizations any enlisted man or men who do not desire educational or, vocational training and instruction such as is contemplated by the concluding paragraph of section twenty-seven of the National Defense Act approved June third, nineteen hundred and sixteen, and may transfer thereto from other organizations a number of enlisted men to be selected under such rules and regulations as he may prescribe who do desire such instruction and training or may receive recruits thereto sufficient to bring the enlisted strength of the regiment up to that authorized by law. * Act of May 12, 1917 (10 Stat. 59).
2218. Conditions of educational and vocational instruction.-- * During such part of the year beginning July first, nineteen hundred and seventeen, and thereafter as the enlisted men of the regiment so selected shall not be engaged on field service or in field training they shall be under training or instruction nine hours of each day, or as near that number of hours as possible, Sundays and holidays excepted, at least three hours of each day to be devoted to military training and six hours of each day, or as nearly that as possible, to educational and vocational training and instruction such as is contemplated by the concluding paragraph of section twenty-seven of the National Defense Act. The educational and vocational training to be had under civilian instructors employed for that purpose under such rules and regulations as the Secretary of War shall prescribe: And prorided further, That said civilian instructors, is well as the discipline of the said post, shall be under the jurisdiction of the military authorities, under such rules and regulations as the Secretary of War may prescribe. Act of Joy 12, 1917 (40 Stat, 60).
2219. Means for vocational instruction.--For the employment of the necessary civilian instructors in the most important trades, and for the payment of their traveling expenses, as authorized under existing law; for the purchase of carpenter's, machinist's, masouls, electrician's, and such other tools and equipment as may be required, including machines used in connection with the trades; for the purchase of materials, live stock (including fowls), and other supplies necessary for instruction and training purposes and the construction of such buildings needed for vocational training in agriculture; for shops, storage, and shelter of machinery as may be necessary to carry out the provisions of section 27 of the Act approved June 3, 1916, authorizing, in addition to the military training of soldiers while in the active service, means for securing an opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to civil life better equipped for industrial, commercial, and general business occupations, part of this instruction to consist of vocational education either in agriculture or the mechanic arts, $3,500,000 :
Act of June 5, 1920 (41 Stat. 965), making appropriations for the support of the Army: Vocational training.
Similar provisions appear in previous appropriation acts.
2220. Special training at colleges, etc.—That the Secretary of War is author. ized to assign to educational institutions, for special and technical training, soldiers who enter the military service under the provisions of this Act in such numbers and under such regulations as he may prescribe; and is authorized to contract with such educational institutions for the subsistence, quarters, and military and academic instruction of such soldiers. Sec. 7, act of Aug. 31, 1918 (40 Stat. 957).
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).
DRAFT FOR MILITARY SERVICE,
Liability to military service, 2222.
Proportionate to population, 2227.
Full quota required, 2228.
Local boards, 2230.
Neglect of duty, 2238.
Registration for the draft:
Prosecution for failure to register, 2243.
Officials and ministers, 2244.
Removal of cause, 2249.
Restricted military service, 2256. Records pertaining to the selective draft,
2222. Liability to military service. That all able-bodied male citizens of the l'nited States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Sec. 1, act of Apr. 22, 1898 (30 Stat. 361).
After the beginning of the World War, by the act of May 18, 1917 (40 Stat. 76), the President was authorized to raise the Regular Army to its maximum strength, and to draft into the military service of the United States any and all members of the National Guard and the National Guard Reserves, and to raise by draft an additional force of 500.000 enlisted men.
By the same act he was authorized in his discretion to raise an additional force of 500,000 men and recruit training units for each component of the Army. The act of July 9, 1918 (40 Stat. 894), authorized the President during each fiscal year to raise by draft the maximum number of men which might be trained and used during such year until the conclusion of the war.
See also 2239, post.