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the residue, if any, of the amount reserved, shall be paid subsequently to the designated person. The Secretary of War shall establish regulations requiring each officer and enlisted man to designate the proper person to whom this amount shall be paid in case of his death, and said amount shall be paid to that person from funds appropriated for the pay of the Army. (See next paragraph.) Act of May 11, 1908 (35 Stat. 108).

1062. Same. The Act approved May eleventh, nineteen hundred and eight, for the support of the army for the fiscal year ending June thirtieth, nineteen hundred and nine, in so far as it relates to the payment of six months' pay to the widow of an officer or enlisted man, and so forth, be amended as follows:

Strike out the words "contracted in the line of duty" and insert in lieu thereof the words, "not the result of his own misconduct." Act of Mar. 3, 1909 (35 Stat., 735).

1063. Expenses of interment, etc.-For the expenses of interment, or of preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, including acting assistant surgeons, and enlisted men of the army active list; for the expenses of interment, or of preparation and transportation to their homes, of the remains of civil employees of the army in the employ of the War Department who die abroad, inclusive of Alaska, or on army transports; for the expenses of removal of remains from abandoned posts to permanent military posts or national cemeteries, including the remains of federal soldiers, sailors, or marines interred in fields or abandoned private and city cemeteries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the army who die on the active list are borne by individuals, where such expenses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services, to be paid out of the funds appropriated by this Act, but no reimbursement shall be made under this Act of such expenses incurred prior to the first day of July, nineteen hundred and ten, * * * dollars. Act of Aug. 24, 1912 (37 Stat. 440). (This paragraph will be found in the last few sundry civil appropriation acts. This paragraph has the effect of making one appropriation available for expenses of interment, etc., whereas heretofore the expenses had to be met from different appropriations.)

CITIZENSHIP.

1064. Aliens honorably discharged from military service.-Any alien of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular

or volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. Sec. 2166, R. S.

1065. Aliens honorably discharged from the naval service.—Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United States Navy or Marine Corps. Act of July 26, 1894 (28 Stat. 124).

1066. Naturalization of seamen.-Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of inten

'Aliens, honorably discharged after enlisting in our Army, are not, by such discharge alone, made citizens, but they are thereupon entitled (under a provision of the act of July 17, 1862, now section 2166, Revised Statutes) to be admitted to become citizens without previous declaration of intention, upon merely presenting to the proper court (see sec. 2165, R. S.) a petition for the purpose, accompanied by proof of at least one year's residence within the United States previous to the application, of good moral character, and of the fact of honorable discharge. (Dig. Opin. J. A. G., par. 401, edition 1901.)

Under the act of July 30, 1892, an enlisted man, to be eligible for promotion as commissioned officer, must be a citizen of the United States. And, in order to be promptly naturalized, under section 2166, Revised Statutes, he must first be honorably discharged. So, advised that such alien, to be qualified for exami nation and appointment under the act, should be discharged and, after naturalization, be reenlisted. (Id., par. 403.)

The mere enlistment and honorable discharge of an alien as a soldier of our Army do not per se constitute him a citizen of the United States. He must still make formal petition to one of the courts, etc., specified in section 2165, Revised Statutes, and present thereupon the evidence required by section 2166. (Id., par. 736.)

A native-born minor is a citizen of the United States under the fourteenth amendment of the Constitution. (Id., par. 737.)

See Dig. Op. J. A. G., pp. 20, 613, 614, 617, 834, edition 1912.

tion to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. Sec. 2174, R. S.

(This would apply to members of the crew of an Army transport vessel.)

MISCELLANEOUS PROVISIONS.

1067. Exemption from arrest for debt.-No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted. Sec. 1237, R. S.

1068. Enlisted men not to be used as servants.-No officer shall use an enlisted man as a servant in any case whatever. Sec. 1232, R. S. 1069. Employment as stenographers.-Hereafter enlisted men may be detailed to serve as stenographic reporters for general courtsmartial, courts of inquiry, military commissions, and retiring boards, and while so serving shall receive extra pay at the rate of not exceeding five cents for each one hundred words taken in shorthand. and transcribed, such extra pay to be met from the annual appropriation for expenses of courts-martial, and so forth. Act of Aug. 24, 1912 (37 Stat. 575).

⚫ 1070. Remount detachments at remount depots.-That hereafter from the enlisted force of the Army now provided by law the President may authorize the organization of remount detachments at each of the remount depots, and may authorize the appointment therein of such noncommissioned officers, mechanics, artificers, farriers, horseshoers, and cooks as may be necessary for the administration of such remount depot: Provided, That nothing herein shall be so construed as to authorize an increase in the total number of enlisted men of the Army now authorized by law. Act of Mar. 3, 1911 (36 Stat. 1049).

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separation to be filled accord

ing to seniority ...... ..... 1085 Coast Artillery to constitute

corps....

1086

Same company organization;

total strength.

Same-bands

Par.

1088

1089

Field Artillery-organization.. 1090
Same-battery,

organization;

maximum enlisted strength

not to be increased.......... 1091 Same regimental and battalion noncommissioned staff officers, etc.......

1092

Same-composition and duties. 1093
Same-bands...

Infantry......

. 1094 1096-1104

Same organization of regiment 1095
Same-colored regiments...... 1096
Same company organization.. 1097
Same-increase as to noncom-

missioned officers and privates 1098 Same bands, organization of.. 1099 Same details, regimental staff,

etc....

Vacancies, how filled....

1100

1101

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Prison guard, organization of... 1104 Same composition and duties. 1087 Maximum strength..................

CAVALRY.

1105

1071. Same-Organization of regiment.-Each regiment of cavalry shall consist of one colonel, one lieutenant-colonel, three majors, fifteen captains, fifteen first lieutenants, and fifteen second lieutenants; two veterinarians, one sergeant-major, one quartermaster-sergeant, one commissary-sergeant, three squadron sergeants-major, two colorsergeants with rank, pay, and allowances of squadron sergeantmajor, one band, and twelve troops organized into three squadrons of four troops each. Sec. 2, Act of Feb. 2, 1901 (31 Stat. 748).

This enactment replaces section 1102, Revised Statutes, and section 2, act of March 2, 1899, in pari materia. Section 28 of the act of February 2, 1901 (31 Stat. 755), contained the requirement that "vacancies in the grade of field

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