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in time 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 deficiencies 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 from 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: Rescrre corps. 2467. 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. — Provided 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 shall 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 (40 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
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. 780).
2473. Qualifications for enlistment in the Enlisted Reserve Corps.The Enlisted 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 technical 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 officers 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 O! 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. 555, 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.]
Right to bear arms, 2502.
Old organizations, 2511.
2517. StrengthProportionate to Congri ssmen, 2518.
State with one Representative, 2519.
service, 2527. Commissioned officers-
took Federal oath, 2532.
Commanded by governor, 2537.
General officers, 2539,
National Guaru of the District of Columbia :
Commander in chief, 2541.
Draft in time of war, 2549.
Physical examination, 2551.
Army, 2553. Physical examination prior to muster
out, 2554. Draft for the Mexican Punitive Expedi
2563. Sentences of confinement, 2564. Sentences of dismissal or dishonorable
Like that of the Regular Army, 2567.
lar Army, 2574.
Command, 2575. Officers on duty with Regular Army, 2576. Leaves of absence for Government em
Federal aid :
2578. Inspections, 2579. United States property and disbursing offi
cers: Appointment, 2580. Duties, 2581. Inspection of accounts and records, 2582.
Expenses payable from allotment, 2588.
ter Corps, 2591.
Property and disbursing officers, 2600.
Reduced rates of transportation, 2601.
Same as for Regular Army, 2602.
Proceeds of sales, 2616.
Additional to issue, 2617.
Credit to States, 2619.
Care of horses and material, 2622.
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. Ilinois (1886), 6 Sup. Ct. 580, 582, 584; 116 U, S. 252, 29 L. Ed. 615 [C. S. p. 14309). This amendment means no
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. 618. the
powers which relate to merely municipal legislation, or what was, perhaps, more properly called internal police," * not sur rendered or restrained by the Constitution of the United wtates. U, S. v. Cruikshank (1875), 92 U. S. 542, 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 oluntarily 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 authorixing 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 L'nited States. State governments, unless restrained by their own constitutions, have the power to regulate or prohibit associations and meetings of tbe 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