WAR DEPARTMENT, OFFICE OF THE CHIEF OF STAFF, June 9, 1914. The following military laws of the United States, revised and corrected to June 1, 1914, under the supervision of Brig. Gen. E. H. Crowder, Judge Advocate General of the Army, are approved and published for the information and government of the Regular and Volunteer Armies and the Organized Mitilia. By Order of the Secretary of War: (Signed) W. W. WOTHERSPOON, 8 m.www PREFACE. This compilation contains all the permanent laws of the United States directly affecting the War Department, the Regular Army, the Volunteers, and the Militia, including the legislation enacted by the 63d Congress, which adjourned March 4, 1915. As originally prepared and submitted to the Public Printer, it embraced all legislation enacted prior to June 1, 1914, and was set up in that form. The publication was delayed, and it became necessary to include legislation enacted after that date, during the remainder of the second session and also during the third session of that Congress. This later legislation will be found in the supplement. The numerical designations of paragraphs in the supplement correspond to those of related paragraphs in the original text, being distinguished for the purpose of citation by a letter added to the paragraph number, thus following the style of previous compilations. It has not been found practicable to include, as in prior editions, all the laws directly affecting the civil administration under the War Department, nor to include certain laws indirectly affecting the administration of the department and the military establishment without expanding the volume to an inconvenient size. Accordingly only such laws of this character as are frequently consulted at the War Department and other military headquarters have been retained and the others have been eliminated, citations to the latter being placed in a table of related statutes. The references in this list will enable any searcher for a statute to pass readily to the section of the Revised Statutes or the volume and page of the Statutes at Large where the act is to be found. As a further aid to ready reference, there has been inserted a table which will enable one to pass from a particular paragraph of this compilation to the corresponding provisions of the Revised Statutes and the Statutes at Large. March 18, 1915. E. H. CROWDER, Judge Advocate General. VIII. The Department of the Navy-The Marine Corps... IX. The Revised Statutes-The Statutes at Large The Army Regu- lations-The Army Register................ X. The Military Establishment-General provisions of organization.. XI. General officers and aids.... XII. Rank and command-Tactical and territorial organizations... XIII. The General Staff Corps....... XIV. The staff departments-General provisions-Disbursing officers... 1. The executive power.-The executive power a President of the United States of America. office during the term of four years. 11, sec. 1. shall be vested in He shall hold his Constitution, Art. 2. Commander in Chief-Cabinet-Pardoning power.-The President shall be Commander in Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the 'The Executive Power.-The executive power is vested in a President, and, as far as his powers are derived from the Constitution, he is beyond the reach of any other Department, except in the mode prescribed by the Constitution through the impeaching power. (Kendall v. U. S., 12 Pet., 524, 610; Marbury v. Madison, 1 Cranch, 137, 166.) Erecution of the laws.-The President is required to see that the laws are faithfully executed, but he is not obliged to execute them himself. (IV Opin. Att Gen, 515; Williams r. U'. S., 12 Pet., 524, 610.) The President speaks and nets through the heads of the several Departments in relation to subjects which appertain to their respective duties. (Wilcox r. Jackson, 13 Pet.. 498, 513; Wolsey r. Chapman, 101 U. 8., 755; Runkle r. U. S., 122 U. S., 543, 557.) As a general rule, the direction of the President is presumed in all instructions and orders issuing from the competent Department. (VII Opin. Att. Gen., 453 ) In a matter which the law confides to the pure discretion of the Executive, the decision of the President, or proper head of Department, on any question of fæet involved is conclusive, and is not subject to review by any other authority in the United States (VI Opin. Att. Gen., 226 Marbury r. Madison, 1 Cr., 137. 166) The President can not be restrained by injunction from executing a law of Congress. (Mississippi r. Johnson, 4 Wall, 475; Bates r. Taylor, 11 S. W. Rep, 266.) * Powers as Commander in Chief.—As Commander in Chief he is authorized to d.rect the movements of the land and naval forces placed by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy. He may invade the hostile country and jeet it to the sovereignty and authority of the United States. But his conquests do not enlarge the boundaries of this Union, nor extend the operations of our institutions and laws beyond the limits before assigned to them by the legislative power. (Fleming r. Paze, 9 How, 603, 615.) The power of command and control reserved by the Crown was placed by the Constitution in the wwww |