ized to appoint such applicants reported as qualified therefor to membership in the Reserve Officers' Corps, in accordance with the recommendations of the boards: Provided, That no officer of the National Guard or Organized Militia shall, without his consent, be appointed in any arm, corps, or department in any grade lower than that held by him in such arm, corps, or department in the National Guard or Organized Militia: Provided further, That after the initial appointments to the Reserve Officers' Corps shall have been made in accordance with this section, appointments to the Reserve Officers' Corps shall be made only from graduates of the Reserve Officers' Training Corps in accordance with existing law and from reservists who have completed the prescribed eleven months' continuous service with the training forces, except that any person eligible under the provisions of this section for appointment who was for unavoidable reasons unable to apply therefor within the period prescribed, shall be eligible for appointment in accordance with the provisions of this section: And provided further, That all members of the Reserve Officers' Corps and all enrolled reservists of all grades in all arms, corps, and departments shall, from the date upon which they shall have been called out for service in maneuvers or for training in time of peace or from the date upon which they shall have been called out for service in time of actual or threatened hostilities in accordance with the provisions of this act, until released from such service by competent authority, be subject to the Rules and Articles of War so far as they shall be applicable to persons who do not belong to the permanent personnel of the United States Army.

SEC. 43. Members of the Reserve Officers' Corps shall take rank next after all officers of like grades in the permanent personnel of the United States Army or in the Marine Corps when detached for service with said Army, and shall take rank among themselves in each grade according to date of appointment in such grade,

Officers of the Reserve Officers' Corps appointed on the same date shall take rank among themselves in each grade as follows: First, officers of the National Guard; second, officers of the Organized Militia; third, enlisted men of the Regular Army or of the permanent personnel of the United States Army; fourth, all other officers so appointed.

Officers of the National Guard appointed on the same date to the same grade in the Reserve Officers' Corps, shall take rank among themselves according to length of prior commissioned service in the National Guard and Organized Militia, and when two or more such officers shall have had the same such service they shall take rank among themselves according to total length of enlisted and commissioned service in the National Guard and Organized Militia.

Officers of the Organized Militia appointed on the same date and the same grade in the Reserve Officers' Corps shall take rank among themselves according to length of prior commissioned service in the Organized Militia; and when two or more such officers shall have had the same prior commissioned service, they shall take rank among themselves according to total length of enlisted and commissioned service in the Organized Militia: Provided, That commissioned or enlisted service in the National Guard and Organized Militia in the service of the United States shall count double: Provided further, That when two or more officers of the National Guard or Organized Militia can not be graded with respect to rank, as above provided, they shall take rank among themselves in accordance with their relative rank in the National Guard or Organized Militia prior to appointment in the Reserve Officers' Corps. Enlisted men so appointed shall take rank among themselves according to length of service as noncommissioned officers, and those who shall have had no such service shall take rank among themselves according to age.

All other persons so appointed on the same date in same grade shall take rank among themselves according to age, the oldest to be the senior; and when two or more officers are of the same age, their seniority shall be decided by lot in a manner prescribed by the Secretary of War.

SEC. 44. Vacancies occurring in time of peace in any grade below that of colonel in the Reserve Officers' Corps shall be filled by the promotion, subject to such exceptions as the President may prescribe in regulations governing the promotion, examinations for promotion and assignment of reserve officers, of officers of said corps in the next lower grade in the reserve unit, corps or department in which such vacancies occur: Provided, That officers of the Reserve Officers' Corps, if they so elect, may qualify for promotion and be promoted in the first or second reserves even though no vacancy exists in the next higher grade in their regiment, battalion, squadron, corps, or department; and

when the number of officers in any grade in any unit, corps, or department of the first reserves exceeds the number authorized therefor, the commander of the divisional area may transfer such surplus officers to other organizations of the first reserves or to the second reserves or he may attach them to organizations in the first reserves.

In time of war, officers of the Reserve Officers' Corps may be promoted to any grade or rank in such corps in accordance with their efficiency as demonstrated in service in the field: Provided, That appointments to grades above that of colonel so made shall be made by and with the advice and consent of the Senate.

SEC. 45. Any member of the Reserve Officers' Corps assigned or attached to either the first or the second reserves who shall have been reported by his commanding officer, or by any other officer duly authorized to make such report, as not qualified to perform the duties of his then grade, shall, if such report is concurred in by the next higher military authority, be immediately ordered before a board composed of five reserve officers senior in rank to the officer so ordered, convened by the commander of the reserve area, or in case he shall have concurred in such report, then by the next higher military authority, and such board shall immediately proceed to inquire into and report, in the manner now prescribed for retiring boards, upon the competency and capacity of such officer to perform the duties of his then grade and if such board shall report that such officer is qualified to perform such duties he shall continue on the duty to which he was before assigned; and if such board shall report that such officer is not qualified to perform such duties and such report is approved by the President, such officer shall forthwith be transferred to the unorganized reserves and shall not again be eligible for assignment to duty with either the first or the second reserves: Provided, That any member of the Reserve Officers' Corps who shall have been convicted of any offense involving moral turpitude or which, in the opinion of the President, was unbecoming an officer and a gentleman shall be forthwith dismissed from the service and shall not be again eligible for appointment or enrollment in any branch of the United States Army: Provided further, That all members of the Reserve Officers' Corps, who are assigned to either the first or second reserves, shall, as soon as they reach the age of sixty-four years, be transferred to the unorganized reserves, and no reserve officer over the age of sixty-four shall in time of peace be eligible for assignment or attachment to either the first or second

reserves.

SEC. 46. The President is hereby authorized, as soon as the necessary funds therefor shall have been appropriated, to cause such land to be acquired by lease or purchase, such buildings, target ranges, and other structures to be erected or leased and such military stores and equipment of all kinds, including reserve supplies, to be procured in each divisional area as shall be necessary for the examining, enlisting, enrolling, organizing, training, and equipping the troops of all arms and corps stationed in such area.

SEC. 47. Whenever in time of peace any parcel of land, other than that occupied by a dwelling house and its curtilage, shall be required for the use of the training forces or the first reserves during the prescribed annual maneuvers and the owner or occupant thereof refuses to allow such parcel of land to be so used, the President may in his discretion authorize such use of such land without the permission of the owner or occupant and direct that any damage caused thereto by such use shall be adjusted and settled as hereafter provided.

Whenever in time of peace any damage is caused to any private property by any troops of the United States Army engaged in the prescribed annual maneuvers, the President is hereby authorized to cause any claims resulting therefrom to be immediately adjusted and settled, in accordance with the regulations to be prescribed by him, so far as appropriations will permit, by a board of officers appointed by the commander of the area in which such damage occurred.

SEC. 48. As soon as the President shall decide that the necessary training personnel has been organized and trained, the necessary ground acquired, the necessary structures erected, and the necessary military supplies and equipment provided in each divisional area, he is hereby authorized and empowered to call out for military training and service to serve in the United States Army in accordance with the provisions of this act and to report for such service on the first day of November next thereafter, all persons liable to military service who have arrived or who will arrive at the age of eighteen years

during the year ending on the day next preceding such first day of November; and in each subsequent year ending on the thirty-first day of October all males liable to military service who arrive at the age of eighteen years during such year shall likewise be called out to report for military training and service in the United States Army on the first day of November of that year, in accordance with the provisions of this act.

SEC. 49. Except as otherwise provided in this act, service in the United States Army in time of peace shall be for a period of twelve years unless sooner discharged, the first eleven months of said period shall be in continuous training and service in the training forces, the next four years and one month shall be in the first reserves, and not more than one period of fifteen days' active service in any calendar year for two years shall be required of any enrolled member of said reserves during his period of service therein in time of peace. The last seven years of said twelve-year period of service shall be in the second reserves, and reservists assigned thereto shall not be called out for active service in time of peace: Provided, That no reservist assigned to the first reserves shall be eligible for appointment in the Reserve Officers' Corps unless he shall have served with his organization during all periods of active service prescribed therefor from the date of his assignment thereto to the date of his appointment in said corps: Provided further, That all persons who shall have been commissioned, appointed, enlisted, or enrolled in the United States Army at the outbreak of war or when war becomes imminent may be held to service therein during the continuance of war or until the President shall decide that war is no longer imminent, and this without regard to the periods for which such persons shall have been commissioned, appointed, enlisted, or enrolled: And prorided further, That enrolled noncommissioned officers and enlisted specialists who have completed their eleven months' continuous active training and service may, with their consent, be retained with or attached to the training forces for further stipulated periods of training and service, and any enrolled man who has satisfactorily completed his eleven months' continuous training and service may be permitted to enlist in the permanent personnel in one of the arms or corps of the United States Army, and any reservist so enlisting shall, upon completion of his service under such or any subsequent enlistment, revert to the reserve status he would then occupy if he had not so enlisted.

SEC. 50. In time of peace the President may, by proclamation, call out for active service, in accordance with the provisions of this act, any class of persons liable for such service, and in time of actual or threatened hostilities he may likewise, by proclamation, call out for military service such classes of persons according to age, beginning with the youngest liable for such service, as shall be required for the national defense: Provided, That in time of peace no part of the training forces or of the first or second reserves shall be called out to execute the laws, suppress insurrection, or repel invasion, without the authority of Congress first had and obtained, except in cases of actual or threatened invasion occurring while Congress is not in session, and then only when, in the judgment of the President, it would be dangerous to wait for Congress to assemble. A copy of such proclamation, duly posted in a conspicuous place in the post office of the place of residence or temporary abode of any person included in such call not less than ten days prior to the date prescribed in said proclamation, for such person to report for said service, or any other public notification which the President may deem suitable, shall be deemed good and sufficient notice to such person of his liability under such call, and no personal service of any notice of any kind shall be required to bring such person within the provisions of this act: Provided further, That from and after the date upon which any person liable for military service has been duly called out therefor in accordance with the provisions of this act until such time as he shall have been duly discharged from such service, such person shall be subject to the Rules and Articles of War so far as they are applicable to persons whose permanent retention in the United States Ariny is not contemplated: And provided further. That in time of acual or threatened hostilities the President may accept the voluntary military services of any person not more than sixty-four years of age who is not included in any class called out for service.

SEC. 51. The President is hereby authorized to delegate to the commander of each divisional area the necessary authority to commence the organization, as soon as practicable after the passage of this act, of such units of the first reserves as are to be organized in such area; to subdivide such divisional area into three reserve areas; to subdivide each such reserve area into districts and

subdistricts; to prescribe the limits of each such reserve area, district, and subdistrict; to prescribe what units of the first reserves authorized for such divisional area shall be located in each such subdivision; and, subject to the approval of the President, to assign a competent officer of the permanent personnel of the training forces in such area of appropriate rank to the command of each division, brigade, and regiment of the first and second reserves to be organized in such divisional area. Each officer so assigned shall, in time of peace, have reserve rank appropriate to the command to which appointed, but shall receive only the pay and allowances provided for his actual grade and rank in the permanent personnel. In time of war he shall have the rank, pay, and allowances appropriate to such command.

Each such commander of a reserve regiment shall, subject to such regulations as the President may prescribe and to the supervision of superior military authority, have full charge of all matters connected with the enrollment and records of all reserve officers and noncommissioned reservists belonging to his regiment; of all plans for drawing upon the unorganized reserves for the necessary personnel in the event of actual or threatened hostilities; of all matters connected with the mobilization of his regiment in peace or war or relating to its equipment or the training of its personnel: Provided, That each officer of the permanent personnel assigned to the command of a division, a brigade, or a regiment of the first or second reserves shall also be assigned or attached to a unit of the training forces and, in addition to his duties with the first or second reserves, he shall be required to perform such other duties in such unit of the training forces as the commander of the divisional area shall prescribe. The organization, peace administration, and training of all units located in a reserve area, other than regiments and brigades, shall be conducted under the supervision of the commanders of reserve divisions, who shall be assisted in such duties by such other officers of the permanent personnel as may be designated therefor by the commander of the divisional area: Provided, That each reserve area, district, and subdistrict prescribed for the location and organization of a unit of the first reserves shall likewise be prescribed for the location and organization of a corresponding unit of the second reserves: Provided further, That the commander of each divisional area is hereby authorized to change the limits of reserve areas, districts, and subdistricts to conform to changes which may occur in the distribution of population liable to military service or to assign surplus reservists in one such subdivision to a reserve unit located in another.

SEC. 52. The commander of each divisional area when notified of the appointment or promotion thereof is hereby authorized to assign members of the Reserve Officers' Corps resident in such area to units of the first and second reserves located within such area and to such other duty appropriate to their rank and grade that may be consistent with the provisions of this act and with regulations prescribed pursuant thereto: Provided, That as far as their places of residence may render such action practicable, such reserve officers shall be assigned according to seniority in each grade to units of the first reserves and second reserves in the order named. Reserve officers so assigned shall in time of peace be liable for active service for not exceeding two weeks in any one year: Provided further, That such officers may, with their consent, be ordered to active duty for longer periods, and reserve officers and noncommissioned officer reservists who are candidates for promotion may be required to undergo such active service prior to promotion in excess of two weeks per year as the President may prescribe as necessary for their further military training: Provided further, That whenever during maneuvers in time of peace or in time of actual or threatened hostilities officers of the permanent personnel of the United States Army are detached from the organizations to which assigned for duty with the first or second reserves, a corresponding number of reserve officers may be attached to the permanent personnel of organizations from which such permanent officers were detached for temporary duty therein: Provided further, That, subject to such regulations as the Secretary of War may prescribe, hønorably discharged enlisted men of the Regular Army, the United States Army, and the National Guard or Organized Militia and enlisted men of good character of the National Guard and Organized Militia may, with their consent, be enrolled as reserve noncommissioned officers and assigned to reserve organizations: And provided further, That whenever a reserve officer or an enrolled reservist changes his residence to a place at such distance from the location of the unit to which he is assigned as to render his further service therein undesirable, he shall be detached from such unit and assigned or attached to

another reserve unit located in the vicinity of his new place of residence, and it is hereby made the military duty, for failure to perform which the offender shall be subject to trial and punishment by a military tribunal in accordance with the Rules and Articles of War, of each reserve officer and enrolled reservist who shall change his place of residence to notify his immediate commanding officer prior to making such change.

SEC. 53. The pay and allowance of all permanent commissioned officers and enlisted men belonging to the personnel of any arm, corps, or department of the United States Army or employed on any duty authorized by law shall be the same as that now prescribed by law for like grades and arms in the Regular Army, except that in lieu of a money allowance for clothing to enlisted men on the active list the President is hereby authorized to prescribe the articles of clothing that shall be issued for the use of enlisted men in each grade in each arm and corps.

SEC. 54. The pay of all persons in the United States Army, other than the officers, enlisted men, and civilians of the permanent personnel shall, except as otherwise provided in this act, in time of peace be one-third of the pay prescribed by law for like grades in the Regular Army. The allowances of all persons in the United States Army, other than those enumerated in the preceding section, shall at all times be the same as prescribed by law for like grades and arms in the Regular Army, except that in lieu of a money allowance of clothing to enlisted and enrolled men, the President is hereby authorized to prescribe the articles of clothing that shall be issued for the use of enlisted or enrolled men in each grade in each arm and branch of the service: Provided, That no person shall be entitled to the pay or allowance hereinbefore prescribed in this section except for such time as he shall have actually served on active service in time of peace pursuant to the orders of competent authority issued in accordance with the provisions of this act: Provided further, That in time of actual hostilities, all persons in the United States Army shall be entitled to the pay now prescribed by law for like grades in the Regular Army.

SEC. 55. No person whomsover shall be entitled to or given any money or other valuable thing whatsoever as bounty or as a fee or gratuity for enlisting, enrolling, accepting a commission in, or in any other manner entering the military service of the United States: Provided, That the provisions of this section shall not operate to prevent the payment of reenlistment pay or bonus for reenlisting in the permanent Military Establishment as provided by law. SEC. 56. The following persons be, and they are hereby, excepted and made exempt from liability to military training and service in time of peace under the provisions of this act, to wit: Such as are rejected as totally physically or mentally unfit for military training and service; the only son liable to military training and service of a widow dependent upon his labor for support; the only son liable to military training and service of aged or infirm parent or parents dependent upon his labor for support: Provided, That when there are two or more sons of such aged or infirm parents liable upon the provisions of this act for military training and service, the father, or if he be dead, the mother, may elect which one of such sons shall be exempt; the only brother of children not twelve years of age dependent upon his labor for support: Provided further, That any person exempted from military training and service in accordance with the provisions of this section, except when such exemption is based upon permanent total physical or mental unfitness therefor, shall be exempted for one year only, but such exemption upon sufficient showing that one of the authorized bases therefor exists, may be again exempted for a further period of one year, and so on from year to year: And provided further, That any person who shall be exempted from liability to military training and service or who shall for any cause not have been duly registered in accordance with the provisions of this act, shall, nevertheless, become liable to such military training and service with the class of recruits called out for such training and service on the first day of November next following the date on which his exemption shall have ceased or on which he shall have been duly registered, providing that he shall not become more than twenty-four years of age during such calendar year.

The following persons be, and they are hereby, excepted and made exempt from liability to perform military service under the provisions of this act in time of war or when war is imminent, and from liability to assignment to and service in the first or second reserves in time of peace, to wit: Such as are reJected as totally physically or mentally unfit for military service; also, first, the Vice President of the United States, the judges of the various courts of the