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purpose and to the same extent as attendance at drill: Provided further, That in performing the flight so ordered the officer or enlisted man is prevented, by the making of such flight, from attending a regularly scheduled drill formation of his unit or the unit with which the said officer or enlisted man is required to drill. Sec. 92, act of June 3, 1916 (39 Stat. 206); sec. 2, act of June 3, 1924 (43 Stat. 363); sec. 2, act of Oct. 14, 1940 (54 Stat. 1135); 32 U. S. C. 62.

This section has been amended as above.

1326. Training; encampments, maneuvers, and other exercises.

The first paragraph of the original text of this section was reenacted without change by section 2, act of October 14, 1940 (54 Stat. 1135).

Notes of Decisions

Status of trainees.-The act of enlisting in | enlisted men participating in field training the National Guard is of a contractual nature, outside the State, claim for pay for attending resulting in employemnt of the enlisted man by the State. 32 U. S. C. A., sec. 123. Andrews et al. v. State et al. (Ariz., 1939), 90 P. (2d) 995.

Where statute prescribed rate of pay for officers and enlisted men in the National Guard while under orders on local or State duty but did not provide a per diem for

field training at Camp Bullis, Tex., would be illegal and wage could not form basis for computing death benefits under Workmen's Compensation Law. Laws 1937, c. 73, sec. 1, subd. 33; Rev. Code 1928, sec. 2220, as amended by Laws 1929, c. 60, sec. 8; Rev. Code 1928, sec. 1931 et seq.; 32 U. S. C. A., sec. 63, 123. Id.

1331. Units; maintenance restricted. This section, based on War Department Appropriation Act of May 15, 1936 (49 Stat. 1299), was not repeated in the Military Appropriation Act for the fiscal year 1943.

1333. District of Columbia National Guard; enlistment.-That every able-bodied male citizen resident within the District of Columbia, of the age of eighteen years and under the age of forty-five years, excepting persons exempted by section two, and idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime, shall be enrolled in the militia. Persons so convicted after enrollment shall forthwith be disenrolled; and in all cases of doubt respecting the age of a person enrolled, the burden of proof shall be upon him. Sec. 1, act of Mar. 1, 1889 (25 Stat. 772).

CHAPTER 24

ADMINISTRATION OF OATHS

Oaths to expense accounts, 1337.

Oath of office, 1335.

1335. Oath of office.

Hereafter any officer or employee of any of the executive departments or independent establishments, including any agency the majority of the stock of which is owned by the Government of the United States, designated in writing by the head thereof for such purpose, is hereby authorized to administer the oath required by section 1757, Revised Statutes, as amended (5 U. S. C. 16), incident to entrance into the executive branch of the Federal Government, or any other oath required by law in connection with employment therein, such oath to be administered without charge or fee and to have the same force and effect as oaths administered by officers having seals. Sec. 206, act of June 26, 1943 (57 Stat. 196); 5 U. S. C. 16a. The above provision is added as a new paragraph of this section.

1337. Oaths to expense accounts.-Postmasters, assistant postmasters, collectors of customs, collectors of internal revenue, chief clerks of the various executive departments, independent establishments, and other Government agencies, or of bureaus thereof, the superintendent, the acting superintendent, custodian, and principal clerks of the various national parks and other Government reservations, superintendent, acting superintendent, and principal clerks of the different Indian superintendencies or Indian agencies, chiefs of field parties, and any officer or employee of any executive department, independent establishment, or other Government agency, in the District of Columbia or elsewhere, who shall have been designated in writing for such purpose by the head of the department, establishment, or agency concerned, are required, empowered, and authorized, when requested, to administer oaths, required by law or otherwise, to accounts for travel or other expenses against the United States, with like force and effect as officers having a seal; for such services when so rendered, or when rendered on demand by notaries public, who at the time are also salaried officers or employees of the United States; no charge shall be made; and no fee or money paid for the services herein described shall be paid or reimbursed by the United States. Sec. 8, act of Aug. 24, 1912 (37 Stat. 487); act of June 6, 1939 (53 Stat. 810); 5 U. S. C. 93a, 97; 16 U. S. C. 454; 19 U. S. C. 50; 25 U. S. C. 34; 26 U. S. C. 1756; 33 U. S. C. 768; 39 U. S. C. 33.

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The first paragraph of this section has been amended as above.

By act of August 5, 1939 (53 Stat. 1219), postmasters in Alaska were authorized to administer oaths and perform all other functions of a notary public as required by acts of Congress.

By act of October 14, 1940 (54 Stat. 1175), employees of the Department of the Interior, designated by the Secretary, are authorized to administer oaths necessary in the performance of their official duties,

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This provision, based on War Department appropriation act of February 28, 1929. (45 Stat. 1370, was not repeated in the appropriation act for the fiscal year 1942, and subsequent acts. 1340a. Enlisted Reserve Corps; composition and organization.

The first paragraph of this section was reenacted without change by act of March 15, 1940 (54 Stat. 53).

1340b. Enlisted Reserve Corps; enlistment. 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. 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, except that for original enlistments of such specialists in units as may be prescribed by regulations of the Secretary of War, the maximum age limit shall be forty-five years. All enlistments in force at the outbreak of 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); sec. 35, act of June 4, 1920 (41 Stat. 780); act of June 8, 1926 (44 Stat. 705); act of Mar. 15, 1940 (54 Stat. 53); 10 U. S. C. 424, 423, 425. This section has been amended as above.

1345. Reserve officers, appointment; from flying cadets.

The original text of this section, based on act of July 11, 1919 (41 Stat. 109); 10 U. S. C. 299, is superseded by 35a-3, ante.

1353. Reserve officers; detail to active duty; general provisions.

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Except as otherwise herein provided, nothing contained in this Act shall be construed to affect the number of Reserve officers that may be called to active duty under existing laws, nor the conditions and the purposes for which they may be called. Sec. 10, act of Apr. 3, 1939 (53 Stat. 559). The above provision is added as a new paragraph of this section.

The second paragraph of the original text, based on Military Appropriation Act of July 1, 1937 (50 Stat. 464), was modified as repeated in the Military Appropriation Act of June 18, 1940 (54 Stat. 374), and was not repeated in the Military Appropriation Act for the fiscal year 1942.

The calling of Reserve officers to active duty in connection with the existing national emergency was authorized by Executive Order No. 8244, September 8, 1939.

For authority of the President to order Reserve officers into the active military service for a 12-month training period, with or without their consent, see 2220-1, post.

The appropriation "Pay of the Army", is made available for the pay of Reserve officers ordered to active duty under the first paragraph of the original text of this section by Military Appropriation Act of June 30, 1941 (55 Stat. 368).

By section 2, act of June 5, 1942 (56 Stat. 314); 50 U. S. C. App. 762, all provisions of existing law limiting the number and grade of Reserve officers who may be ordered to extended active duty were suspended for the duration of the war and six months thereafter.

1354. Reserve Officers, Air Corps; detail to active duty.

*

Whenever any Air Corps Reserve officer who has not been selected for commission in the Regular Army is released from active duty that has been continuous for one or more years, he shall be paid a lump sum of $500 for each complete year of active service as such officer, and if released from active duty otherwise than upon his own request, or as a result of inefficient or unsatisfactory service as determined by the Secretary of War, such lumpsum payment shall be prorated for fractional parts of each year of such active service. The lump-sum payments herein authorized shall be in addition to any pay, allowances, compensation, or benefits which such officers may otherwise be entitled to receive. Sec. 2, act of June 16, 1936 (49 Stat. 1524); sec. 11, act of Apr. 3, 1939 (53 Stat. 559); sec. 6, act of June 3, 1941 (55 Stat. 240); 10 U.S. C. 300a.

* * * Upon the effective date of this Act, Air Corps Reserve officers who are then on active duty under the provisions of section 1 of the Act of June 16, 1936 (49 Stat. 1524), shall be deemed to be on active duty under the provisions of this Act: Provided, That on and after the effective date of this Act no Air Corps Reserve officers shall be called to active duty under the provision of section 1 of the said Act of June 16, 1936. * Sec. 10, act of Apr. 3, 1939 (53 Stat. 559).

*

* * Provided, That funds available for Organized Reserves for the fiscal year 1940 may be expended for the pay of Reserve officers ordered to active duty for longer periods than fifteen days under the provisions of section 10 of said Act of April 3, 1939. Sec. 1, Supplemental Military Appropriation Act of July 1, 1939 (53 Stat. 997).

During the fiscal year 1941, all existing limitations with respect to the number of flying cadets in the Army Air Corps, and with respect to the number and rank of Reserve Air Corps officers who may be ordered to extended active duty with the Air Corps, shall be suspended. Sec. 2(a), act of July 2, 1940 (54 Stat. 713).

The first paragraph of the original text of this section, based on section 8, act of July 2, 1926 (44 Stat. 783); 10 U. S. C. 292b, was expressly repealed by section 1, act of April 3, 1939 (53 Stat. 555).

The second paragraph of the original text, based on section 1, act of June 16, 1936 (49 Stat. 1524); 10 U. S. C. 292b-2, should be eliminated in view of the second paragraph, supra. The third paragraph of the original text, based on section 2, act of June 16, 1936 (49 Stat. 1524); 10 U. S. C. 300a, was amended as indicated in first paragraph, supra.

The second, third, and fourth provisions, supra, are added as new paragraphs.

For additional authority for detail of Air Corps Reserve officers to extended active duty, see 1358, post.

The appropriations contained in the Military Appropriation Act of June 30, 1941 (55 Stat. 369), are not subject to any limitation as to the number and grade of Reserve officers who may be ordered to extended active duty with the Air Corps.

* *

1355. [Expired] Reserve officers, Ordnance Department; detail to active duty.-* Provided, That the President may, with their consent, order Ordnance Reserve officers and Specialist Reserve officers assigned to the Ordnance Department to active duty for such periods as may be necessary

to carry out the purposes of this appropriation, and the pay and allowances of such officers while so assigned shall be charged to this appropriation. Title II, Second Deficiency Appropriation Act of May 2, 1939 (53 Stat. 643). This provision appeared for the first time in the act cited. The appropriation referred to is "Ordnance service and supplies, Army." It was repeated in subsequent appropriation acts, but was dropped from the Military Appropriation Act for the fiscal year 1943.

1358. Reserve officers; detail to duty with Regular Army. That the President is hereby authorized to order annually, with their consent, upon application to and selection by the War Department, for a period of not more than one year for any one officer, for active duty with the Regular Army, such numbers of Reserve officers in the grade of second lieutenant as are necessary to maintain on active duty at all times not more than one thousand Reserve officers of the promotion-list branches other than the Air Corps, not more than three thousand Reserve officers of the Air Corps, and not more than three hundred Reserve officers of the non-promotion-list branches: Provided, That in the non-promotion-list branches and the Judge Advocate General's Department, such Reserve officers may be in any grade not above captain: Provided further, That until July 1, 1949, the tour of active duty of Air Corps Reserve officers may, in the discretion of the Secretary of War, be extended not to exceed a total of seven years' active service in all, and thereafter not to exceed a total of five years' active service in all: Provided further, That in the non-promotion-list branches and the Judge Advocate General's Department, the tour of active duty may, in the discretion of the Secretary of War, be extended not to exceed a total of two years' active service in all: And provided further, That nothing herein contained shall require the termination of active duty of any Reserve officer because of promotion to a higher grade after his tour of active duty begins. The tour of any Reserve Corps officer on active duty may be terminated at any time, in the discretion of the Secretary of War. Sec. 1, act of Aug. 30, 1935 (49 Stat. 1028); sec. 5, act of Apr. 3, 1939 (53 Stat. 557); 10 U. S. C. 369a.

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The first paragraph of this section has been amended as above.

*

The Supplemental Military Appropriation Act of July 1, 1939 (53 Stat. 997) makes an appropriation for expenditures necessary for Medical Department reserve officers, reserve chaplains, and reserve officers of The Judge Advocate General's Department called to active duty under this provision.

In connection with Proclamation No. 2352, September 8, 1939, proclaiming the existence of a limited national emergency, the commissioned strength of the Regular Army was authorized by Executive Order No. 8244, September 8, 1939, to be supplemented by the use of reserve officers as may be necessary within the limitations as to numbers and grades prescribed by this section.

1358a. Reserve officers; discharge.

Notes of Decisions

In general.-Claim for pay and allowances | The President has discretionary power to as a major, Officers' Resere Corps. Claimant discharge a member of the Officers' Reserve was ordered before a reclassification board Corps for any reason or no reason and this which accorded him a fair hearing and recpower is not limited by the recommendations ommended that he be reassigned. Upon reof a reclassification board. Sec. 37, N. D. A.; ceipt of the report of the board, The AdU. S. ex rel. French v. Weeks, 259 U. S. 326. jutant General, by direction of the President, discharged claimant from the Officers' Re- The power of discharge may be delegated to serve Corps. The claim related to a period the Secretary of War. Seltzer v. U. S. (1943), subsequent to this action. Claim denied. Held: 98 Ct. Cl. 554.

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