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Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service;

Sec. 125, act of June 9, 1916 (39 Stat. 216). 2730. National uniform worn by officers who served in the Civil War.-That all oflicers who have served during the rebellion as officers of the Regular Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of cereniony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Act of Feb, 4, 1897 (29 Stat. 511).

2731. National uniform worn by volunteer officers who served in the Civil War.-All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments. R. S. 1226.

2732. National uniform worn by officers who served in the war with Spain or since.--That all oflicers who have served during the war with Spain ,or since, as Oflicers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service by resignation or otherwise, shall be entitled to hear the official title and upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the regular or volunteer service. Sec. 3), act of Feb. 2, 1901 (31 Stat. 757). 2733. Organizations and persons permitted to wear uniforms.

Providcd, That the foregoing provision shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the National Guard; nor to prevent members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War may designate, from wearing their prescribed uniforms;

nor to prevent the members of military societies composed entirely of honorably discharged ofiicers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uniform duly prescribed by such $0cieties to be worn by the members thereof; nor to prevent the instructors and members of the duly organized cadet corps of a State university, State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authori

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ties of such institution of learning for wear by the insiructors and members of such cadet corps; nor to prevent civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; nor to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving-picture films while actually engaged in representing therein a military or naval character not tending to loring discredit or reproach upon the United States Army, Navy, or Marine ('orps:

Sec. 125, act of June 3, 1916 (39 Stat. 216). 2734. Distinctive mark to distinguish uniforms.-

Provided further, That the uniforms worn by officers or enlisted men of the National Guard, or by the members of the military societies or the instructors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps:

Sec. 125, act of June 3, 1916 (39 Stat. 217). 2735. Insignia of rank of Army officers not to be used by others.And prorided further, That the members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine ('orps, or any insignia of rank similar thereto.

Sec. 125, act of June }, 1916 (39 Stat. 217). 2736. Unauthorized wearing of the uniform of a friendly nation.—That it shall be unlawful for any person, with intent to deceive or mislead, within the l'nited States or Territories, possessions, waters, or places subject to the jurisdiction of the United States, to wear any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation, or Government with which the United States is at peace, or any uniformn, decoration, or regalia so nearly resembling the same as to be calculated to deceive, unless such wearing thereof be authorized by such State, nation, or Government.

Any person who violates the provisions of this Act shall upon conviction be punished by a fine not exceeding $300 or imprisonment for not exceeding six months, or by both such fine and imprisonment. Act of July 8, 1918 (40 Stat. 821).

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CHAPTER 42.

DECORATIONS OF HONOR.

Foreign decorations :

Tender, 2737.
Not worn, 2738.
Bestowed by cobelligerents, 2739.

Bestowed on clvilians, 2740.
Decorations issued by the United States :
Continuous honorable service requisite,

2741. Award

After death, 2742.
To foreign soldiers, 2743.
By commanding general, 2744.
Time limit, 2745.
Extended under changed regulations,

2746.
Issued but once to a person, 2747.
Medals of honor of earliest design not

surrendered, 2748. Bars for successive deeds, 2749. Silver stars for citations in orders,

2750. Replacement if lost or damaged, 2731. Appropriation chargeable with cost, 2752.

Regulations, 2753.
Medal of honor:

First issue, 2754.
Established, 2755.

Medal of honor-Continued.

Design changed, 2756.
Awarded for gallantry beyond the call of

duty, 2757.
Medal of honor roll, 2758.

Certificates issued, 2759.
Board to investigate awards, 2760.

Recall of medals, 2761.
Rosette and ribbon, 2762.
Distinguished service cross, 2763.
Distinguished service medal, 2764.

Certificate of merit replaced, 2765.
Philippines congressional medal, 2766.
Medal for service by the National Guard in

the Spanish War and on the Mexican

border, 2767.
Corps badges, 2768.
National trophy and medals for rifle con-

tests, 2769.
Military society badges :

Worn by soldiers, 2770.
Unlawful wearing, 2771.
Veterans of the Spanish-American War,

2772.
Veterans of the Chinese-Relief expedition,

2773. Army and Navy Union of the United

States, 2774.

2737. Tender of foreiga decorations. That hereafter any present, decoration, or other thing which shall be conferred or presented by any foreign government to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the Department of State unless so authorized by act of Congress. Sec. 3, act of Jan. 31, 1881 (21 Siat. 604).

Sec. 1 of this act authorized certain officers named to accept certain decorations, medals, and presents, specified therein, from foreign governments. It is omitted as private and temporary merely.

Notes of Decisions.

Consent of Congress.--This section does therefor be first obtained by act of Congress, not authorize the delivery of such presents as required by Const. art. II, sec. 2, par. 2. or decorations to any particular class of (1909) 27 Op. Atty. Gen. 219. officers, or to any officer, unless authority

2738. Foreign decorations not to be worn.--That no decoration, or other thing the acceptance of which is authorized by this act, and no decoration heretofore accepted, or which may hereafter be accepted, by consent of Congress, by any officer of the United States, from any foreign government, shall be publicly shown or exposed upon the person of the officer so receiving the same. Sec. 2, act of Jan. 31, 1881 (21 Stat. 604).

Officers of the United States are prohibited from accepting. without the consent of Congress, any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state, by Const, art. 1, sec. 9, cl. 8.

2739. Toreign decorations bestowed by cobelligerents of the United States.That any and all members of the military forces of the United States serving in the present war be, and they are hereby, permitted and authorized to accept during the present war or within one year thereafter, from the Government of any of the countries engaged in war with any country with which the United States is or shall be concurrently likewise engaged in war, such decorations, when tendered, as are conferred by such Government upon the members of its own military forces; and the consent of Congress required therefor by clause eight of section nine of Article I of the Constitution is hereby expressly granted : Provided, That any officer or enlisted man of the military forces of the United States is hereby authorized to accept and wear any medal or decoration heretofore bestowed hy the Government of any of the nations concurrently engaged with the United States in the present war. Act of July 9, 1918 (40 Stat. 872).

Notes of Decisions.

Construction. This provision authorizes the Department of State to deliver to naval officers of the United States medals and decorations heretofore tendered to such officers through said Department by the Governments of nations concurrently en

ga ged with the United States in the World War. (1919) 31 Op. Atty. Gen. 445.

The words " medals or decorations' are used in their usual meaning and do not include such articles as bowls, cups and photographs.

Id.

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2740. Foreign decorations bestowed on civilians.--That American citizens who have received, since August first, nineteen hundred and fourteen, decorations or medals for distinguished service in the arnies or in connection with the field service of those nations engaged in war against the Imperial German Goverument, shall, on entering the military service of the United States, be permitted to wear such medals or decorations. Act of July 9, 1918 (10 Siat. 872). 2741. Continuous honorable service requisite for the award of a decoration.

but no medal, cross, bar, or other device, hereinbefore authorized, shall be awarded or presented to any individual whose entire service subsequently to the time he distinguished himself shall not have been honorable;

Act of July 9, 1918 (40 Stat. $72). 2742. Award of decorations after death.--*

but in case an individual who shall distinguish himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the medal or cross or the bar or other emblem or device presented, within three years from the date of the act justifying the award thereof, to such representative of the deceased as the President may designate;

Act of July 9, 1918 (40 Stat. 871),

2743. Foreign soldiers decorated.--That the President is authorized, under regulations to be prescribed by him, to confer such medals and decorations as may be authorized in the military service of the United States upon officers and enlisted men of the military forces of the countries concurrently engaged with the United States in the present war. Act of July 9, 1918 (40 Stat. 872).

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