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By sec. 36, act of Feb, 2, 1901, ante, 1633, it was provided that the pay and allow. ances of provisional officers of native organizations should be the same as for officers of like grade in the Regular Army.
But see 2995, post.
21513. Slavic Legion.- That, under sich regulations as the President may prescribe, a foree of volunteer troops in such unit or units as he may direct may be raised to be composed of Jugo-Slavs, Czecho Slovaks, and Ruthenians (Ukranians) belonging to the oppressed races of the Austro-Hungarian or German Empire resident in the United States but not citizens thereof nor subject to the draft. Such force shall be known as the Slavic Legion or by such other description as the President may prescribe. No man shall be enlisted in it until he bus furnished satisfactory evidence that he will faithfully and loyally serve the cause of the United States and that he desires to fight the Imperial governments of Germany and Austro-Hungary, and the allies thereof. The force so raised and duly sworn into the service may be equipped, maintained, an trained with our own troops or separately as the President may direct and thereafter may be transported to such field of action as the President may direct to be used against the common enemy in connection with our own troops or with those of any nation associated with the United States in the present war; and the several items of expense involved in the equipment, maintenance, training, and transportation of such foree may be paid from the respective appropriations herein made or from any subsequent appropriations for the same: Prorided, That American citizens of Austrian or German birth, or who were born in alien enemy territory, who have passed the necessary examination and whose loyalty is unquestioned, may, in the diseretion of the Commander in Chief of the Army and Navy, be commissioned in the United States Army or Navy. Act of July 9, 1918 (10 Stat. 868). 2152. Voting in Territories.
Third. No officer, soldier, seaman, mariner, or other person in the Army or Navy, or attached to troops in the service of the United States, shall be allowed to vote in any Territory, by reason of being on service therein, unless such Territory is, and has been for the period of six months, his permanent domicile.
R. S. 1860. 2153. Laundresses not to accompany troops.--That hereafter women shall not be allowed to aecompany troops as laundresses:
See, 5, act of June 18, 1878 (20 Stat. 150).
This seetion superseded R. S. 1240.
A further provision of this section, authorizing the retention of any laundress, being the wife of a soldier, then allowed to accompany troops, until the expiration of his term of enlistment, is omitted here, as temporary only.
2154. Cooperation by the Coast and Geodetic Survey with the War and Navy Departments.--*
The Secretary of War, the Seeretary of the Navy, and the Secretary of Commerce shall jointly preseribe regulations governing the duties to be performed by the Coast and Geodetic Survey in time of war, and for the cooperation of that serviee with the War and Navy Departments in time of peace in preparations for its duties in war, which regulatious shall not be effective unless approved by each of the said Secretaries, and included therein may be rules and regulations for making reports and communications between the officers or bureaus of the War and Navy Departments and the Coast and Geodetic Survey. Sec. 16, act of May 22, 1917 (40 Stat. 88). 2155. Personnel of the Coast and Geodetic Survey under military jurisdiction.
Nothing in this Act shall reduce the total amount of pay and allowances they were receiving at the time of transfer.
Provided further, That any of the personnel of the Coast and Geodetic Survey who may be transferred as herein provided shall, while under the jurisdiction of the War Department or Navy Department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army or Navy, as the case may be, in so far as the sanne may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law:
Sec. 16, act of Jay 22, 1917 (40 Stat. 88).
2156. Cooperation of the Lighthouse Service with the War Department.--The Secretary of the Navy, the Secretary of War, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Lighthouse Service in time of war, and for the cooperation of that service with the Navy and War Departments in time of peace in preparation for its duties in war, and this may include arrangements for a direct line of communication between the officers or bureaus of the Navy and War Departments and the Bureau of Lighthouses to provide for immediate action on all communications from these departments. Act of Aug. 29, 1916 (39 Stat. 602). 2157. Personnel of the Lighthouse Service under military jurisdiction.
* Prorided further, That any of the personnel of the Lighthouse Serv. ice who may be transferred as herein provided shall, while under the jurisdiction of the Navy Department or War Department, be subject to the laws, regulations, and orders for the government of the Navy or Army, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law. Act of Aug. 29, 1916 (39 Stat. 603).
2158. American National Red Cross attached to the Army in time of war.That whenever in time of war, or when war is imminent, the President may deem the cooperation and use of the American National Red Cross with the sanitary services of the land and naval forces to be necessary, he is authorized to accept the assistance tendered by the said Red Cross and to employ the sa me under the sanitary services of the Army and Navy in conformity with such rules and regulations as he may prescribe. Sec. 1, act of April 24, 1912 (37 Stat. 90). 2159. Emergency forces organized like the Regular Army.
Third. Provided, That the organization of said force shall be the same as that of the corresponding organizations of the Regular Army:
Sec. 1, act of May 18, 1917 (40 Stut. 76).
The above is emergency legislation and no longer operative,
2160. Units of the emergency forces to be composed of men from the same locality:-* Organizations of the forces herein provided for, except the Regular Army and the divisions authorized in the seventh paragraph of section one, shall, as far as the interests of the service permit, be composed of men who come, and of officers who are appointed from, the same State or locality. Sec. 2, act of May 18, 1917 (40 Stat. 78).
Provided, That all persons enlisted or drafted under any of the provisions of this Act shall as far as practicable be grouped into units by States and the political subdivisions of the same:
Sec. 7, act of May 18, 1917 (40 stat. 81).
The above is emergency legislation and no longer operative.
2161. Training units for the emergency forces.
Fifth. To raise by draft, organize, equip, and officer, as provided in the third paragraph of this section, in addition to and for each of the above forces, such recruit training units as he may deem necessary for the maintenance of such forces at the maximum strength.
Sec. 1, act of May 18, 1917 (40 Stut. 77). The above is emergency legislation and no longer operative.
2162. Ammunition batteries and artillery parks for the World War.- * Sixth. To raise, organize, officer, and maintain during the emergency such number of ammunition batteries and battalions, depot batteries and battalions, and such artillery parks, with such numbers and grades of personnel as he may deem necessary. Such organizations shall be officered in the manner provided in the third paragraph of this section, and enlisted men may be assigned to said organizations from any of the forces herein provided for or raised by selective draft as by this Act provided.
Sec. 1, act of May 18, 1917 (40 Stat. 77).
The above is emergency legislation and no longer operative.
Provided, That the President is authorized to raise and maintain by voluntary enlistment or draft, as herein provided, special and technical troops as he may deem necessary, and to embody them into organizations and to officer them as provided in the third paragraph of section one and section nine of this Act.
Sec. 2, act of May 18, 1917 (40 Stat. 78). The above is emergency legislation and no longer operative.
2164. Emergency forces subject to military laws and regulations.All persons drafted into the service of the United States and all officers accepting commissions in the forces herein provided for shall, from the date of said draft or acceptance, be subject to the laws and regulations governing the Regular Army, except as to promotions, so far as such laws and regulations are applicable to persons whose permanent retention in the military service on the active or retired list is not contemplated by existing law, and those drafted shall be required to serve for the period of the existing emergency unless sooner discharged:
Sec. 2, act of May 18, 1917 (40 Stat. 78). The above is emergency legislation and no longer operative. See notes to 2239, post.
Able-bodied citizens, 2165.
Porto Ricans, 2167.
Complete period, 2171.
One or three years, 2172.
Previous service not honorable, 2177.
Exclusive of convicts, 2178.
2181. Industrial furloughs, 2182. Transfer to paval service, 2183. Corporal bugler, and bugler, first class,
2184, Cooks, 2185. Details :
In writing for working parties, 2186.
First sergeants, 2190.
recruit depots, 2191.
World War, 2194.
Servants of officers, 2196.
By purchase, 2199.
During the World War, 2201. Temporary forces for the World War,
Under true name, 2204.
Credit for foreign service, 2207.
Return to active duty, 2208. Desertion : Enticing, persuading, or aiding to desert,
2209. Arrest of deserters, 2210.
Reimbursement for expense, 2211, Pension forfeited, 2212.
Citizenship forfeited, 2213. Education : Common branches taught at post schools,
At post schools, 2215.
Means provided, 2219.
2165. Qualifications for enlistment.-Recruits enlisting in the Army must be effective and able-bodied men, and between the ages of sixteen and thirty-five years, at the time of their enlistment. This limitation as to age shall not apply to soldiers reenlisting. R. S. 1116.
* Prorided, That the limits of age for original enlistments in the Army shall be eighteen and thirty-five years. Sec. 4, act of Mar. 2, 1899 (30 Stat. 978).
Sec. 11, act of Mar. 16, 1802 (2 Stat. 134), fixed the age of recruits at between the ages of 18 and 35 years, and provided that no person under the age of 21 years should be enlisted or held in the service without the consent of his parent, guardian, or master, The provision in sec. 11, act of Mar. 16, 1802, was repeated in sec. 11, act of Jan. 11, 1812 (2 Stat. 672), except that the maximum age was fixed at 45 years. It was again repeated in sec. 5, act of Jan, 20, 1813 (2 Stat. 792), the maximum age being fixed at 45 years. By sec. 3, act of Dec. 10, 1814 (3 Stat. 147), the provision requiring the consent of parents, etc., was repealed. By sec. 7, act of Mar. 3, 1815 (3 Stat, 225), it was provided that the Army should be recruited in accordance with the provisions of act of Mar. 16, 1802, thereby repealing the provision in sec. 3, act of Dec. 10, 1814, which did away with the consent of parents. See In re McDonald (D, C, 1866), Fed. (as. No. 8,752. By sec. 5, act of Sept. 28, 1850 (9 Stat. 507), it was provided that the Secretary of War should discharge soldiers who at the time of their enlistment were under 21 years of age, upon evidence that such enlistments were made without the consent of parents or guardians. Sec. 2, act of Feb. 13, 1862 (12 Stat. 339), repealed the provision of sec. 5, act of Sept. 28, 1850, relating to the discharge of minors enlisted without consent of parents, etc., provided that no persons under the age of 18 years shonld be enlisted, and made the oath of enlistment conclusive as to age. Sec. 20, act of Feb. 24, 1864 (13 Stat. 10), provided that the Secretary of War might order the discharge of all persons in the military service under the age of 18 years
the time of application for their discharge, upon proof of nonconsent of their parents or guardians. Sec. 5, act of July 4, 1804 (13 Stat, 380), made the provision of sec. 20, act of Feb. 24, 1864, relating to the discharge of ininors, obligatory upon the Secretary of War, provided for the discharge of all persons subsequently enlisted under the age of 16 years without the consent of parents or guardians, and provided for the punishment of recruiting officers enlisting persons under the age of 16 years without such consent. Sees. 17, 18, act of Mar. 3, 1865 (13 Stat. 489), provided for the punishment of recruiting agents, etc., knowingly procuring the enlistment of minors between the ages of 16 and 18 years without the consent of their parents or guardians, or of minors under the age of 16 (at all), and provided for the punishment of officers receiving the enlistment of such minors. Sec. 1, act of May 15, 1872, provided that no person under the age of 21 years shall be enlisted or mustered into the military service of the United States without the written consent of their parents or guardians, provided that such minor has such parents or guardians entitled to bis custody and control (which was the law prior to the enactment of this section).
Provisions that in time of peace no recruit should be enlisted for the first time who was over 30 years of age, and that no private should be reenlisted who had served 10 years or more or who was over 35 years of age, except such as should have already servel as enlisted men for 20 years and upward, were contained in the Army appropriation act for the fiscal year 1894, act of Feb. 27, 1893 (27 Stat. 486). The provision relating to reenlistment was repealed by sec. 1, act of Aug. 1, 1894 (28 Stat. 215). and the provision relating to first enlistment was superseded and other requirements for enlistment and reenlistment were prescribed by sec. 2 of said act, 2177, 2106, post.
R. S. 1120 provided for the payment of a premium of $2 for each accepted recruit brought to a recruiting rendezvous. That section was repealed by act of May 12, 1917 (40 Stat. 53).
The President was authorized, in his discretion, to utilize the services of postmasters of the second, third, and fourth classes in procuring the enlistment of recruits for the Army, the postmaster procuring his enlistment to receive the sum of $5 for each recruit accepted, sec. 27, act of June 3, 1916 (39 Stat. 186), which payment was discontinued by sec, 11, act of July 2, 1918 (40 Stat. 754).
Notes of Decisions.
See notes to 2169, post.
Nature of enlistment.-Enlistments in the Ariny, made under the inducements held out by the laws of the United States, are contracts; and, although the Government be a party, the contracts ought to be construed according to those well-established principles which regulate contracts gener. ally. (1853) 6 Op. Atty. Gen. 187. So, also, it has been held that enlistment in a volunteer regiment organized under act ('onn. May 8, 1861, was a contract with the State, and not with the United States, and was not affected by any authority given or limitation fixed by the laws of the
United States. Lanahan v. Birge (1862), 30 Conn. 438.
The engagements of the Crown with those in the military service are purely voluntary. (1920) 3 K. B. 663.
Qualifications for enlistment in general. Any person liable to be drafted may voluntarily enlist. Lanahan v. Birge (1862), 30 Conn. 438. An alien may be lawfully enlisted. (1854) 6 Op. Atty. Gen. 474. But see (1841) 3 Op. Atty. Gen. 670.
Persons of African descent may be enlisted as soldiers. (1864) 11 Op. Atty. Gen. 53,