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2202. Discharge of temporary forces for the World War.Provided further, That all persons who have enlisted since April first, nineteen hundred and seventeen, either in the Regular Army or in the National Guard, and all persons who have enlisted in the National Guard since June third, nineteen hundred and sixteen, upon their application, shall be discharged upon the termination of the existing emergency. Sec. 7, act of May 18, 1917

(40 Stat. 81).

The above is emergency legislation and no longer operative.

The Secre

2203. Discharge of veterans intending to reenlist.— * tary of War is authorized to discharge any or all of these men enlisted prior to April 2, 1917, who desire discharge from their old enlistment for the purpose of so reenlisting, regardless of whether or not the period of their original contract or enlistment has been completed: Joint Res. 14, Sept. 29, 1919 (41

Stat. 291).

The above is emergency legislation and no longer operative.

2204. Issue of certificate of discharge under true name. That the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during any war between the United States and any other nation or people and were honorably discharged therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them, but no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. Act of Aug. 22, 1912 (37 Stat. 324).

Similar provisions for relief of soldiers and sailors who enlisted or served under assumed names during the war of the Rebellion were made by act of Apr. 14, 1890, amended by act of June 25, 1910 (26 Stat. 55; 36 Stat. 824).

2205. Lost certificate of discharge replaced. That whenever satisfactory proof shall be furnished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the military service of the United States has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish to such officer or enlisted man, or to the widow of such officer or enlisted man, a certificate of such discharge, to be indelibly marked, so that it may be known as a certificate in lieu of a lost or destroyed discharge: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. Act of July 1, 1902 (32 Stat. 629). 2206. Forging, etc., certificate of discharge.-Whoever shall forge, counterfeit, or falsely alter any certificate of discharge from the military or naval service of the United States, or shall in any manner aid or assist in forging, counterfeiting, or falsely altering any such certificate, or shall use, unlawfully have in his possession, exhibit, or cause to be used or exhibited, any such forged, counterfeited, or falsely altered certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not more than $1,000 or impris oned not more than one year, or both, in the discretion of the court. Act of Mar. 4, 1917 (39 Stat. 1182).

2207. Computation of foreign service toward retirement.-

That in

computing length of service for retirement credit for double time for foreign service shall not be given to those who hereafter enlist: And provided further, That nothing in this provision shall be so construed as to forfeit credit for double time already accrued. Act of Aug. 24, 1912 (37 Stat. 575).

Provision for retirement after 30 years of service is made by act of Mar. 2, 1907 (31 Stat. 1217), ante, 1705.

Former acts provided that foreign service should be computed as double time as follows: Provided. That hereafter in computing length of service for retirement, credit shall be given the soldier for double the time of his actual service in Porto Rico, Cuba, or in the Philippine Islands." Act of May 26, 1900 (31 Stat. 209).

"Hereafter, in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, the same as is now given in Porto Rico, Cuba, and the Philippine Islands." Act of Mar. 2, 1903 (32 Stat. 933).

Provided, That hereafter in computing the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama; but double credit shall not be given for service hereafter rendered in Porto Rico or the Territory of Hawail." Act of Apr. 23, 1904 (33 Stat. 264).

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2208. Employment of retired soldiers on active duty.— * The President * and he may also authorize the employment on any active duty of retired enlisted men of the Regular Army, either with their rank on the retired list or in higher enlisted grades, and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed. Sec. 7, Act of May 18, 1917 (40 Stat. 81).

Notes of Decisions.

Status of retired enlisted men.-Enlisted men, after retirement, are not a part of the Army. U. S. v. Union Pac. R. Co. (1919),

249 U. S. 354; Murphy e. U. S. (1903), 38 Ct. Cl. 511; Id. (1294), 39 Ct. Cl. 178.

2209. Enticing, persuading, or aiding to desert.-Whoever shall entice or procure, or attempt or endeavor to entice or procure, any soldier in the military service, or any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, seaman, or other person in deserting or in attempting to desert from such service; or whoever shall harbor, conceal, protect, or assist any such soldier, seaman, or other person who may have deserted from such service, knowing him to have deserted therefrom, or shall refuse to give up and deliver such soldier, seaman, or other person on the demand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars. Sec. 42, Criminal Code, act of Mar. 4, 1909 (35 Stat. 1097).

Notes of Decisions.

Application of statute to crime of soldier. This section merely provides for the punishment of civilians, not subject to the Articles of War, who are accessories to the crime of desertion by a soldier, or who do any of the acts specified, tending to promote his commission of that crime, and has no application to the crime of the soldier himself. Kurtz V. Moffitt (1885), 6 Sup. Ct. 148, 153, 115 U. S. 487, 20 L. Ed. 458.

Evidence.-A conviction for having procured or enticed a person to desert (sec. 17, act 1812) is sustained by evidence of the making of representations as to the means and facilities for deserting to induce a person to enlist, with the belief that they were likely to cause him to desert, if they had such effect. U. S. v. Clark (D. C. 1862), Fed. Cas. No. 14,808.

"Harboring," etc., deserter.-An attorney employed by the father of a soldier alleged

cealed or assisted" the deserter within the meaning of this section, which requires some positive physical act, done with knowledge and intent to aid in the wrongful purpose of the deserter. Firpo v. U. S. (C. C. A. 1919), 261 Fed. 850.

to be 16 years of age, to secure said soldier's release from service because of enlistment without the father's consent, who merely advised the soldier, who was then a deserter, to remain away from the authorities until notified, held not to have "harbored, con2210. Arrest of deserters by civil officials.-That United States marshals and their deputies, sheriffs and their deputies, constables, and police officers of towns and cities are hereby authorized to apprehend, arrest, and receive the surrender of any deserter from the Army for the purpose of delivering him to any person in the military service authorized to receive him. Sec. 3, act of June 16, 1890 (26 Stat. 158.)

That it shall be lawful for any civil officer having authority under the laws of the United States, or of any State, Territory, or District, to arrest offenders, to summarily arrest a deserter from the military service of the United States and deliver him into the custody of the military authority of the General Government. Sec. 6, act of June 18, 1898 (30 Stat. 484).

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Arrest under prior laws.-See Kurtz v. Moffitt (1885), 6 Sup. Ct. 148, 115 U. S. 487, 29 L. Ed. 458; U. S. v. Gleason (C. C. 1864), Fed. Cas. No. 15,215; Id. (C. C. 1867), Fed. Cas. No. 15,216; Clark v. Cumins (1868), 47 Ill. 372; Hutchings v. Van Bokkelen (1852), 34 Me. 126; Hickey v. Huse (1869), 56 Me. 493; Trask v. Payne (N. Y. 1865), 43 Barb. 569; Hawley v. Butler (N. Y. 1866), 48 Barb. 101; Hawley v. Butler (N. Y. 1868), 54 Barb. 490.

Purpose of section.-Congress, by giving permission to civil officers to make arrests of deserters, did not intend to take away the authority then existing to make such arrests on the part of the officers of the Army, but the act was intended to enable civil authorities to aid and assist the military in apprehending deserters. In re Fair (C. C. 1900), 100 Fed. 149.

Shooting in attempting to arrest deserter.See In re Matthews (D. C. 1902), 122 Fed. 248. See also notes to A. W. 92, ch. 52, post.

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2211. Reimbursement for expense of apprehending a deserter.the apprehension, securing, and delivering of deserters, including escaped military prisoners, and the expenses incident to their pursuit, and no greater sum than $50 for each deserter or escaped military prisoner shall, in the discretion of the Secretary of War, be paid to any civil officer or citizen for such services and expenses; Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Quartermaster Corps, Incidental expenses. Similar provision appears in previous appropriation acts.

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2212. Pension forfeited for desertion. That any soldier who deserts shall, besides incurring the penalties now attaching to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. Sec. 6, act of Apr. 26, 1898 (30 Stat. 365), as amended by act of May 11, 1908 (35 Stat. 110). The section, as originally enacted, contained provisions for an increase in time of war of the pay of enlisted men, of 20 per cent, to which the provision set forth here was annexed as a proviso. Said provisions were omitted, by amendment of the section to read as set forth here, as cited above.

Desertion as a military offense is punished under A. W. 58, ch. 52, post.

2213. Citizenship forfeited for desertion. That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the

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, imposing forfeiture of citizenship as an additional penalty for desertion, is penal in its nature, and must receive a strict construction in favor of the citizen. Huber v. Reily (1866), 53 Pa. St. (3 P. F. Smith) 112.

Necessity of conviction.-The provisions of this section, imposing the additional penalties of forfeiture of citizenship and disqualification to hold office, can only take effect on conviction by court-martial. Kurtz v. Moffitt (1885), 6 Sup. Ct. 148, 153, 115 U. S. 487, 29 L. Ed. 458; State v. Symonds (1869), 57 Me. 148; Holt v. Holt (1871), 59 Me. 464; Severance v. Healey (1870), 50 N. H. 448; Gotcheus v. Matheson (N. Y. 1870), 58 Barb. 152, 40 How. Prac. 97; Goetcheus v. Matthewson (1875), 61 N. Y. 420; Huber v. Reily (1866), 53 Pa. St. (3 P. F. Smith), 112, 23 Leg. Int. 228; McCafferty v. Guyer (1868), 59 Pa. St. (9 P. F. Smith) 109; Brightly, Elect. Cas. 44.

Effect of conviction.-Whether the penalty imposed by sec. 21, act of Mar. 3, 1865 (13 Stat. 490), on a person found guilty of desertion from the Army of the United States, depriving him of his rights as a citizen of the United States, deprives him also of previously existing right as a citizen of this Commonwealth to vote for members of the general court, and thus disqualifies him as a juror, quære. Commonwealth v. Wong Chung (1904), 186 Mass. 231, 71 N. E. 292.

Honorable discharge of deserter.-The honorable discharge of a deserter is a formal final judgment passed by the Gov ernment upon his entire military record, and a declaration that he left the service in a status of honor. This applies to a soldier in the volunteer service equally with a soldier in the Regular Army. Lander v. U. S. (1873), 9 Ct. Cl. 242.

Naturalization.-An alien who had deserted from the military service, and had been convicted and sentenced therefor by a court-martial, refused citizenship. In re 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 miliitary 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).

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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 regiments 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 (40

Stat. 59).

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2218. Conditions of educational and vocational instruction.ing 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 provided further, That said civilian instructors, us 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 May 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, mason's, electrician's, and such other tools and equipment

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