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in tiine of a national emergency expressly declared by Congress, no reserve officer shall be employed on active duty for more than fifteen days in any calendar year without his own consent.

Sec. 37a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776).

Sec. 39, act of June 3, 1916 (39 Stat. 190), provided for the call to active duty in time of war; but it was stricken out by sec. 32, act of June 4, 1920, cited above,

2466. Voluntary service by reserve officers.- Provided further, That sec. tion three of the Act approved February twenty-seventh, nineteen hundred and six, entitled, “An Act making appropriations to supply urgent defici. encies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and six, and for prior years and for other purposes,” shall not be construed to prohibit the Secretary of War froin accepting the gratuitous services of members of the Officers' Reserve Corps of the Army in the furtherance of the enrollment, organization, and training of the Officers Reserve Corps, the Reserve Officers' Training Corps, or the Enlisted Reserve Corps of the Army or in consultation upon matters relating to the military service. Act of May 12, 1917 (10 Stat. 72), making appropriations for the support of the Army: Reserre corps. 2457. Pay and allowances on active duty.

A reserve officer shall not be entitled to pay and allowances except when on active duty. When on active duty he shall receive the same pay and allowances as an officer of the Regular Army of the same grade and length of active service, and mileage from his home to his first station and from his last station to his home, but shall not be entitled to retirement or retired pay. Sec. 37a, added to the act of June 3, 1916, by sec. 32, act of June 4, 1920 (41 Stat. 776).

2468. Leave of absence for Federal employees who are reserve officers.-Prorided further, That all officers and employees of the United States or of the District of Columbia who shall be members of the Officers' Reserve Corps shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shal} be ordered to duty with troops or at field exercises, or for instruction, for periods not to exceed fifteen days in any one calendar year. Act of May 12, 1917 (10 Stat. 72), making appropriations for the support of the Army: Reserve Corps.

2469. Federal employees restored to civil position after service as reserve officers.--Provided further, That members of the Officers' Reserve Corps who are in the employ of the United States Government or of the District of Columbia and who are ordered to duty by proper authority shall, when relieved from duty, be restored to the positions held by them when ordered to Guty. Act of May 12, 1917 (40 Stat. 72). 2470. Retirement and pension rights of reserve officers.

Provided, That no reserve officer appointed pursuant to this Act shall be entitled to retirement, or to retired pay, and shall be eligible for pension only for disability incurred in line of duty in active service or while serving wth the Army pursuant to provisions of this Act. Scc. 476, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778).

The above topic was treated by sec. 53, act of June 3, 1916 (39 Stat. 190), which was stricken out by sec. 34, act of June 4, 1920, above cited.

2471. Retirement of medical reserve officers. That any officer of the Medical Reserve Corps who shall have reached the age of seventy years, and whose

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total active service in the Army of the United States, Regular or Volunteer, as such officer, and as contract or acting assistant surgeon, and as an enlisted man, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the Army with the rank, pay, and allowances of a first lieutenant. Act of June 22, 1910 (36 Stat. 580), as amended by act of Mar. 4, 1911 (36 Stat. 1348).

This act, as originally enacted, contained, after the words “ • enlisted man," the words " in the war of the rebellion." They were stricken out by amendment, as cited above. 2472. Period of service in the Enlisted Reserve Corps.

The period of enlistment shall be three years, except in the case of persons who served in the Army, Navy, or Marine Corps at some time between April 6, 1917, and November 11, 1918, who may be enlisted for one year periods and who, in time of peace, shall be entitled to discharge within ninety days if they make application therefor.

Sec. 55, act of June 3, 1916 (39 Stat. 195), as amended by sec. 35, act of June 4, 1920 (41 Stat. 180).

2473. Qualifications for enlistment in the Enlisted Reserve Corps.--The linlisted Reserve Corps shall consist of persons voluntarily enlisted therein.

Enlistments shall be limited to persons eligible for enlistment in the Regular Army who have had such military or teclinical training as may be prescribed by regulations of the Secretary of War. All enlistments in force at the outbreak of the war, or entered into during its continuation, whether in the Regular Army or the Enlisted Reserve Corps, shall continue in force until six months after its termination unless sooner terminated by the President. Sec. 55, act of June 3, 1916 (39 Stat. 195), as amended by sec. 35, act of June 4, 1920 (41 Stat, 780).

2474. Enlistment of dental students in the Enlisted Reserve Corps.-All regulations concerning the enlistment of medical students in the Enlisted Reserve Corps and their continuance in their college course while subject to call to active service, shall apply similarly to dental students. Act of Oct. 6, 1917 (40 Stat. 397).

2475. Organization of the Enlisted Reserve Corps.--The President may form any or all members of the Enlisted Reserve Corps into tactical organizations similar to those of the Regular Army, similarly armed, uniformed, and equipped, and composed so far as practicable of men residing in the same locality, may officer them by the assignment of reserve oflicers or officers of the Regular Army, active or retired, and may detail such personnel of the Army as may be necessary for the administration of such organizations and the care of Government property issued to them. Sec. 55a, added to the act 01 June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780).

2476. Active service by the Enlisted Reserve Corps. - Members of the Enlisted Reserve Corps may be placed on active duty, as individuals or organizations, in the discretion of the President, but except in time of a national emergency expressly declared by Congress no reservist shall be ordered to active duty in excess of the number permissible under appropriations made for this specific purpose, nor for a longer period than fifteen days in any one calendar year without his own consent. While on active duty they shall receive the same pay and allowances as other enlisted men of like grades and length of service. Sec. 55b, added to the act of June 3, 1916, by sec. 35, act of June 4, 1920 (41 Stat. 780).

2477-2501. Vacant.-(These sections related to the Volunteer Army, provision for which is no longer made by law.]

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Right to bear arms, 2502.
State and Territory defined, 2503.
Militia :

Composition, 2504.
Exemptions from militia duty, 2505.
Power of Congress and the States, 2506.
State troops, 2507.
State police, 2508.
Naval Militia, 2509.
Ancient privileges, 2510.

Old organizations, 2511.
Regulations, 2512.
National Guard :

Composition, 2513.
Organization, 2514.
Reorganization after the World War,

Staff departments, 2516.
Location of units and headquarters,

Proportionate to Congressmen, 2518.

State witb one Representative, 2519.
Increase to maximum, 2520.
Time limit for attaining maximum,

Strength of units, 2522.
Enlisted men,
Oath, 2524.
l'eriod of enlistment, 2525.
Discharge, 2526.
Status on discharge from Federal

service, 2527.
Commissioned officers-

Selection, 2528.
Drafted organizations, 2529.
Filling vacancies while in Federal

service, 2530.
Examinations, 2531.
Continuance of militia officers

took Federal oath, 2532.
Adjutants general, 2533.
Returns and reports, 2534.
Discharge, 2535.
Transfer to National Guard Reserve,

National Guard in Territories :

Commanded by governor, 2537.
Officers, 2538.

General officers, 2539.
Adjutants general, 2540.

National Guard of the District of Columbia :

Commander in chief, 2541.
Commanding general, 2542.
Staff officers, 2543.
Armory, 2544.
Use of grounds at Washington Barracks,

Enlistment during the World War, 2546.
National Guard Reserv...
Use of the National Guard by States, 2548.
National Guard in Federal service :

Draft in time of war, 2549.
(all into Federal service, 25493.
Philippine Militia, 2550.

Physical examination, 2551.
Subject to rules and regulations for the

Army, 2553.
Physical examination prior to muster

out, 2554.
Draft for the Mexican Punitive Expedi-

Authorized, 2555.

Organization, 2556.
Draft for the World War, 2557.
Courts-martial for the National Guard :

System, 2558.
General courts, 2559.
Special courts, 2560.
Summary courts, 2561.
Warrants for arrest, 2562.
Execution of processes and sentences,

Sentences of confinement, 2564.
Sentences of dismissal or dishonorable

llischarge, 2505.
Membership, 2566.
Training of the National Guard :

Like that of the Regular Army, 2567.
Amount each year, 2568.
Credit for assembly, 2569.
Attendance at military service schools,

Use of rifle ranges, 2571.
Instruction camps, 2572.

Instructors, 2573,
Participation in maneuvers of the Regu.

lar Army, 2574.

Command, 2575. Officers on duty with Regular Army, 2578. Leares of absence for Government em

ployees, 2577.


146315--21-VOL 2--20


Federal eid:
Conditional on compliance with statutes,

2578. Inspections, 2579. United States property and disbursing offi

cers : Appointment, 2580. Duties, 2581. Inspection of accounts and records, 2582.

Regulations, 2583.
Annual appropriation authorized, 2584.

Estimate, 2585.
Expenses payable from general fund,

Apportionment among States, 2587.

Expenses payable from allotment, 2588. Appropriation for joint maneuvers, 2589. Appropriation for camps of instruction,

Disbursement of pay by the Quartermas-

tér Corps, 2591.
Purchase of travel rations, 2592.
Pay and allowances :

Rates, 2593.
Enlisted men

Rates, 2595.
Stoppages, 2596.
Restrictions, 2597.
Participation in maneuvers, 2598.
National Guard Reserve, 2599.


Property and disbursing officers, 2600.

Reduced rates of transportation, 2601.

Same as for Regular Army, 2602.
Procurement and issue, 2603.
New type of equipment, 2604,
New type of small arms, 2605.
Exchange of obsolete equipment, 2606.
Infantry equipment M. 1910, 2607.
Automatic pistols, 2608.
Care and protection furnished, 2609.
Accounting, 2610.
Purchase from any supply bureau, 2611.
Issue after the World War, 2612.
Ammunition for target practice, 2613.
Equipment for Coast Artillery armories,

Loss or damage to stores issued, 2615.

Proceeds of sales, 2616.
Sale of Army stores to States :

Additional to issue, 2617.
Requisition in time of war, 2618.

Credit to States, 2619.
Animals :

Procurement, 2620.
Issue, 2621,

Care of horses and material, 2622.
Home Guards supplied with arms and equip-

ment, 2623.

2502. The right to bear arms.--A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Constitution of the United States, second amendment.

Notes of Decisions.


Limitation to Federal Government. This amendment is a limitation only on the powers of Congress and the National Gov. ernment, and not upon that of the State. Presser v. Illinois (1886), 6 Sup. Ct. 580, 582, 584; 116 U. $. 252, 29 L. Ed. 615 (C. S. p. 14309).

This amendment means more than that the right shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the National Government, leaving the people to look for their protection against any violation by their fellow citizens of the rights it recognizes, to what is called, in City of New York v. Miln (1837), 11 Pet. 139, 9 L. Ed. 648, the “ powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police,” “not surrendered or restrained" by the Constitution of the United wtates. U. S. v. Cruikshank (1875), 92 U. S. 5-12, 553, 23 L. Ed. 588.

The object of the clause relative to the right to bear arms has reference to the

perpetuation of free government, and is based on the idea that the people can not be effectually oppressed and enslaved who are not first disarmed. Cockrum v. State (1859), 24 Tex. 394, 401.

The right coluntarily to associate together as a military company or organization, or to drill or parade with arms, without and independent of an act of Congress or law of the State authorizing the same, is not an attribute of national citizenship. Military organization and military drill and parade under arms are subjects especially under the control of the Government of every country. They can not be claimea as rights independent of law and are not privileges and immunities of citizens of the United States. State governments, unless restrained by their own constitutions, have the power to regulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies to perform the duties or exercise the privileges of citizens of the United States; and have also the power to con

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