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SEC. 10. That every person who, without lawful excuse, fails to register or who evades or fails to render the personal service required by this act shall, unless and until he has performed equivalent personal service as prescribed, be and remain ineligible for employment in any position of trust and profit created and authorized by the Congress of the United States.

SEC. 11. That every person who in any year, without lawful excuse, fails to register or who evades or fails to render the personal service required by this act shall be deemed guilty of a misdemeanor and shall, in addition to the liability under section nine of this act, be liable to a fine of not to exceed $500 or to be confined for twenty days, or both: Provided, That in fixing the amount of the fine due regard shall be had to the means of the person offending and those of his parents: Provided further, That any person committed to the custody of a prescribed authority in pursuance of this section may be detained by that authority at any prescribed institution or place, and while so detained shall be subject to the regulations governing that institution or place and to training and discipline as prescribed.

SEC. 12. That no employer shall prevent, or attempt to prevent, any employee who is serving or liable to serve in the Citizen Cadet Corps, or in the Citizen Army or Navy, from registering or rendering the personal service required of him, or from attending any camp of instruction appointed to be held by proper authority, and no employer shall in any way penalize or prejudice in his employment, or attempt to penalize or prejudice in his employment, any employee for rendering, or being liable to render, such personal service, or for attending such camp either by reducing his wages or dismissing him from employment, or in any other manner: Provided, That this section shall not be construed to require an employer to pay an employee for any time when he is absent from employment for the purpose of training.

SEC. 13. That any person or corporation found guilty of violating any of the provisions of section twelve of this act shall be punished by a fine of not less than $50 nor more than $500: Provided, That in any proceedings for any violation of section twelve of this act the burden of proof shall be upon the employer to show that any employee proved to have been dismissed or to have been penalized or prejudiced in his employment or to have suffered a reduction of wages was so dismissed, penalized, or prejudiced in his employment or reduced for some reason other than having rendered or being liable to render the personal service required of him or attending the camp of instruction.

SEC. 14. That every person liable to training in the Citizen Cadet Corps or the Citizen Army or Navy who (a) fails without lawful excuse to attend a compulsory drill or instruction or (b) commits a breach of discipline while attending the same shall be guilty of a misdemeanor and shall be liable to a penalty not exceeding $25: Provided, That any penalty under this section may be recovered summarily on the information or complaint of a prescribed officer: Provided further, That in fixing the amount of the penalty the court shall have due regard to the means of the person offending and those of his parents: And provided further, That in addition to any penalty imposed or (where in the opinion of the court or the judge the imposition of a penalty would involve undue hardship) in lieu of imposing any penalty the court or judge may, if he deems it proper, commit the offender to the custody of any prescribed authority for such time, not exceeding twenty days, or for a time corresponding in duration to the time which, in the opinion of the court or judge, would be taken up in rendering the personal service required: And provided further, That it shall not be necessary for this confinement to be continuous, but the person having the custody of the offender may, subject to prescribed regulations, release him for such periods and call upon him to return to custody at such times as he sees fit, in order that the offender may follow his occupation: And provided further, That any person detained in any prescribed institution or place in pursuance of this section who escapes therefrom, or who being released from custody fails to return thereto, may be arrested without warrant by any prescribed person and taken back to the institution or place, and may, on the application of any prescribed officer, be ordered by any court of summary jurisdiction to be detained for such additional period, not exceeding twenty days, as the court deems fit to order: Provided, That the averment of the prosecutor of any offender of the Citizen Cadet Corps that he is duly authorized by the constituted authority to bring the prosecution shall be sufficient and shall not be controverted by the court or by the defendant.

SEC. 15. That a person liable to be trained for the Citizen Cadet Corps shall not be committed to jail in default of a pecuniary penalty imposed in this act or of any costs awarded in the proceedings for any such offense, but, in lieu thereof, a court may order that he be committed to the custody of a prescribed authority for such time, not exceeding the time for which the court could but for this section have com

mitted him to jail in default of payment of the pecuniary penalty imposed or costs awarded, as the court deems fit: Provided, That the total duration of confinement of a person in respect of offenses committed in any one year or of costs awarded in proceedings for such offenses shall not exceed sixty days: Provided further, That in places where children's courts exist offenses against this act committed by citizen members of the Citizen Cadet Corps of the first and second periods shall be prosecuted in such courts as far as may be practicable.

SEC. 16. That no person shall be permitted to serve in the Citizen Cadet Corps or in the Citizen Army or Navy who is found by any court duly appointed for that purpose to have been convicted of any disgraceful or infamous crime or to be of notoriously bad character: Provided, That any member of the Citizen Cadet Corps or of the Citizen Army or Navy who shall have been convicted of any disgraceful or infamous crime shall be dishonorably discharged from the service therein and shall not be eligible thereafter to hold any position of trust or profit created or authorized by the Congress of the United States.

SEC. 17. That each congressional district and the District of Columbia shall constitute a registration and training district, and in each such district units of the Citizen Cadet Corps and of the Citizen Army shall be organized and trained, and for the purpose of registration, organization, and training each of said ditricts shall be under the charge of an officer of the Regular Army, designated for the purpose, who shall have an office permanently located in the district and who shall be assisted by the necessary commissioned and enlisted personnel and by such other assistants as are duly authorized herein as instructors for imparting the prescribed training.

SEC. 18. That every male citizen, and those whose parents have declared their intention to become citizens, of each training district shall, upon arriving at theage of twelve years, be registered in the office of the district commandant of the district in which he resides. Such registration shall be made in the form and in the manner prescribed by the Secretary of War. Changes of address, removals from a district, and entrances into another district shall, within thirty days after such change, be recorded in the office of the district commandant of the districts concerned in the form and manner prescribed by the Secretary of War. The first registration under this act shall begin on the first day of January following the passage of the act, and thereafter all males arriving at the age of twelve years during the year presceding the first day of January shall be registered during the months of January and February. SEC. 19. That there shall be established in or contiguous to each training district one or more training centers, under such regulations as the Secretary of War may prescribe. And there shall be established such training centers for naval training as the Secretary of the Navy may prescribe.

SEC. 20. That all persons liable to training in the Citizen Army or Navy shall, before entering upon such training, be examined for physical fitness, and shall take the oath of allegiance to the United States as prescribed for enlisted men of the Regular Army and Navy.

SEC. 21. That the President is authorized to mobilize the Citizen Army and Navy in time of war or threatened war, insurrection, or rebellion, or when the public safety demands it.

SEC. 22. That officers and noncommissioned officers in the Citizen Cadet Corps shall be appointed by the district commandants, under such regulations as the Secretary of War may prescribe. They shall not bear commissions or warrants.

SEC. 23. That the President shall appoint and commission officers in the Citizen Army, in the Citizen Navy, and in their reserves as hereinafter provided:

Beginning from the first day of January after the passage of this act all appointments and commissions of officers in the Citizen Army and Navy shall be provisional, and shall continue in force, unless vacated by promotion or otherwise terminated by law, for a period of three years.

For one year, beginning with the first day of January after the passage of this act, provisional appointments and commissions shall be to the grades of captain, first lieutenant, and second lieutenant in the organizations herein authorized.

Two years from the first day of January after the passage of this act provisional appointments and commissions shall be to the grades of major, captain, first lieutenant, and second lieutenant in the organization herein authorized.

Three years from the first day of January after the passage of this act provisional appointments shall be to the grades of colonel, lieutenant colonel, major, captain, first lieutenant, and second lieutenant in the organizations herein authorized; and thereafter shall be to all the grades enumerated in this section: Provided, That in time of war or imminent danger appointments and commissions to all grades may be made as authorized by law for the armies of the United States.

Four years from the first day of January after the passage of this act the President is authorized to make original permanent appointments and commission officers to vacancies in organizations of the Citizen Army and Navy and in their reserves then existing, under such regulations as he may prescribe as to physical and mental requirements, grade for grade, from the officers then holding provisional appointments in these forces: Provided, That in case of failure of any officer to meet the prescribed requirements he shall, (a) upon the recommendation of the examining board, pass immediately to the reserve with the rank held by him at the time of the examination; (b) upon the recommendation of the board, be honorably discharged from the service: Provided, That for cause the President may revoke the appointment of any commissioned officer of the Citizen Army or Navy and of their reserves.

Original provisional appointments to the grades enumerated in this section shall, under such regulations as the President may prescribe as to age, mental and physical requirements, and previous military service, be from (a) those who have had previous service as officers of the Regular Army or Navy; (b) graduates of institutions having satisfactory military or naval training; (c) those who have had service as officers in the Organized Militia or Naval Militia of the United States; (d) enlisted men of the Regular Army or Navy and those who have served therein; (e) those who have satisfactorily completed training in the Citizen Cadet Corps.

Promotion of officers holding provisional appointments shall be under such regulations as the President may prescribe.

SEC. 24. That all vacancies existing in the organizations of the Citizen Army and Navy and their reserves four years from the first day of January after the passage of this act, not filled as hereinbefore prescribed, all vacancies occurring thereafter, and all vacancies caused by the organization of new units, except in the grade of second lieutenant, shall be filled from officers of the next lower grade of the arm of the service in the district in which the vacancies occur, under such regulations as to examination as the President may prescribe: Provided, That seniority to be given to an officer on promotion shall be determined by his order of merit in the examination for promotion to that rank.

SEC. 25. That the President is authorized, under such regulations as he may prescribe, to appoint and commission officers to the grade of second lieutenant of the Citizen Army and Navy from—

(a) Graduates of institutions having military or naval training.

(b) Those who have had commissioned or enlisted service in the Regular Army or Navy and suitable enlisted men serving therein.

(c) Those who have had commissioned or enlisted service in the Militia or Naval Militia and those who are serving therein.

(d) Those who have completed the Citizen Cadet Corps training and the first year of training in the Citizen Army or Navy.

(e) Those who have served in military organizations not mentioned herein who demonstrate their fitness for such commissions.

SEC. 26. That the President is hereby authorized to call into the service of the United States such members of the Medical Reserve Corps, and for such periods of time, as may be necessary to exercise proper sanitary supervision of training centers and training camps, and to make the necessary physical examinations of persons liable to be trained in the Citizen Cadet Corps, in the Citizen ́Army and Navy, and in their reserves.

SEC. 27. That nothing contained in this act shall prevent any member of the Citizen Army or Navy from enlisting or accepting a commission in the Regular Army or Navy, or in the militia or volunteer forces when called into the service of the United States.

SEC. 28. That under such regulations as the Secretary of War may prescribe, noncommissioned officers in the Citizen Army and its reserves shall be appointed: (a) By district commandants for companies, troops, batteries, and detachments of the several staff corps under their command which are not a part of any permanently organized battalion, squadron, or regiment; (b) by battalion and squadron commanders for companies, troops, or batteries which are not a part of any permanently organized regiment; (c) by regimental or coast-defense commanders.

SEC. 29. That under such regulations as the Secretary of the Navy shall prescribe, warrant officers and petty officers of the Citizen Navy and its reserves shall be appointed by the commanding officers of vessels on which such members of the Citizen Navy may be serving, or by the commandant of navy yards or naval reservations to which such members of the Citizen Navy may be assigned.

SEC. 30. That persons trained in the Citizen Cadet Corps or the Citizen Army and the reserves thereof may, when called into the service of the United States by the President, be assigned to active service with the Marine Corps of the Navy when the public interests demand such assignment.

SEC. 31. That persons undergoing training as members of the Citizen Cadet Corps, of the Citizen Army and Navy, shall not be entitled to pay. While undergoing training in camps of instruction and on board of training ships as herein provided they shall be entitled to the actual cost of transportation going to or returning from said camps and training ships, and to their subsistence and necessary medical attendance while actually serving therein.

SEC. 32. That members of the Citizen Cadet Corps undergoing training in the first period shall not be provided with nor wear a uniform. Members of the Citizen Cadet Corps undergoing training in the second and third periods shall be entitled to wear the prescribed uniforms, and those of the third period shall be provided by the United States with the absolutely necessary uniforms for use during the periods of actual training in camps of instruction. Members undergoing training in the Citizen Army and Navy shall be entitled to and be provided with the necessary service uniform, the type of which shall be that of the Regular Army or Navy, and the amounts shall be prescribed by the Secretary of War or Navy, with such distinctive insignia as may be prescribed. The uniforms so provided and issued by the Government shall be worn only while present at established camps of instruction, maneuvers, or aboard ship: Provided, That nothing herein stated shall be construed to prohibit the use at any time of uniforms purchased by those entitled to wear them or the wearing of prescribed by universities, colleges, academies, and schools, or military or

naval organizations.

SEC. 33. That any person who, not being a member of the Citizen Cadet Corps, of the Citizen Army or Navy, and their reserves, wears any uniform or any colorable imitation thereof, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $50: Provided, That this section shall not prevent any person from wearing such uniform in any staged play, musical performance, or a bona fide military and naval representation.

SEC. 34. That no intoxicating or spirituous liquors shall be sold or supplied, and no person shall have any such intoxicating or spirituous liquors in his possession, at any military or naval station, camp, fort, post, or aboard ship during such time as the training of persons as prescribed in this act is proceeding in such military or naval camp, fort, post, or aboard ship, except as prescribed for purely medical purposes. SEC. 35. That no intoxicating or spirituous liquors shall be sold to any member of the Citizen Cadet Corps while in uniform, nor shall any intoxicating or spirituous liquors, except as prescribed by a duly qualified medical practitioner, be supplied to any such cadet while in uniform. Any person violating this or the preceding section shall, on conviction thereof, be subject to a fine of $100.

SEC. 36. That the arms, ammunition, equipment, and other military and naval supplies necessary for the training provided for by this act shall be issued in such quantities as may be prescribed by the Secretary War or the Secretary of the Navy, respectively, and as Congress may duly authorize by appropriations therefor.

SEC. 37. That persons undergoing training in the Citizen Army or the Citizen Navy and their reserves, when mobilized and called into the service of the United States, as provided in section twenty-one of this act, shall receive the same pay and allowances as may be authorized by law for corresponding grades in the Regular Army or Navy, and shall be subject to the Rules and Articles of War, if called to service with the Army, and to the laws and regulations for the government of the Navy if called to service with the Navy.

SEC. 38. That members of the Citizen Army or Navy and their reserve who incur disabilities in line of duty while in active service or while actually undergoing training, and while proceeding from their homes to training centers and camps of instruction, and returning therefrom to their homes, shall be entitled to pensions as provided under existing laws.

SEC. 39. That for the purposes of carrying out the provisions of this act, in so far as they relate to the Citizen Cadet Corps, the Citizen Army and its reserves, there shall be established in the War Department a division of the General Staff Corps which shall be known as the Citizen Army Division of the General Staff Corps. The personnel of this division shall consist of seven officers, who shall be additional members of the General Staff Corps, and one of whom shall have the rank of major or captain, and be detailed from the Medical Department. The remaining personnel shall have que representative detailed, respectively, from the Infantry, Cavlary, Field Artillery, Coast Artillery Corps, and Engineer Corps. The chief of this division shall have the rank of colonel, the assistant chief shall have the rank of lieutenant colonel, and the remaining members from the line of the Army shall have the rank of major or captain. and it shall be the duty of this division to supervise the training, supply, and administration of the Citizen Cadet Corps, Citizen Army and its reserves: Provided, That the continental limits of the United States shall be divided into fifty inspection

districts, and there shall be an officer of the line of the Army, with the rank of captain, designated and appointed as inspector of said inspection district, whose duties shall be to inspect and supervise the training in the several training districts included within the limits of his inspection district: Provided further, That there shall be detailed from the Regular Army to each congressional district and the District of Columbia, hereinbefore designated as training districts, a district commandant, onehalf of those so detailed shall have the rank of first lieutenant and the other half shall have the rank of second lieutenant.

SEC. 40. That the officers hereinbefore designated as district inspectors and district commandants shall be additional officers in their respective grades, and the vacancies caused by their detail shall be filled by promotion or appointment in the Regular Army: Provided, That officers so detailed as district commandants and district inspectors may be relieved by officers of the corresponding grades of the Regular Army, and officers so relieved shall be assigned to the duties of their grade with the Regular Army: Provided further, That officers thus detailed shall be subject to the requirements of the act of Congress approved March third, nineteen hundred and eleven.

SEC. 41. That for the purpose of carrying out the provisions of this act, in so far as they relate to the Citizen Navy and its reserves, there shall be established in the Navy Department a division of the office of the aid for Naval Operations. The personnel of this division shall consist of two officers, one of whom shall have the rank of captain, who will be the chief of this division, and the other shall have the rank of commander and be the assistant chief of this division, and it shall be the duty of this division to supervise the training, supply, and administration of the Citizen Navy and its reserves: Provided, That there shall be detailed from the Navy to each training district, as herein designated, a district commandant, who shall have the rank of junior lieutenant. The officers hereinabove designated as district commandant shall be additional officers in their respective grades, and the vacancies caused by their details shall be filled by promotion in the Navy: Provided further, That officers so detailed as district commandant may be relieved by other officers of the corresponding grades of the Navy, and officers so relieved shall be assigned to the duties of his grade with the Navy: And provided further, That officers on the retired list of the Navy may be detailed for duty as district commandants.

SEC. 42. That the President is authorized to make such regulations, not inconsistent with this act, which by this act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for the securing of the discipline and good government of the members of the Citizen Cadet Corps, of the Citizen Army and Navy, and of their reserves, or for carrying out or giving effect to this

act.

[Moseley draft.]

S. 1695. Amendment in the nature of a substitute, proposed to the bill (S. 1695) to provide for the mili tary and naval training of the citizen forces of the United States, viz: Strike out all after the enacting clause and insert the following:

That all able-bodied male inhabitants of the United States who have resided within the continental limits thereof for a period of twelve months, who are citizens of the United States or who have declared their intention to become citizens of the United States, shall be liable to be trained for a period of six months during the calendar year in which they shall reach the age of eighteen years: Provided, That the following persons shall be exempt from the training prescribed in this act: (a) Those who may be reported by the prescribed medical authorities as being physically unfit for any military or naval service whatever; (b) members of the permanent military or naval forces of the United States; (c) those morally unfit; (d) members of any well-recognized religious sect or organization, at present organized and existing, whose creed forbids members to participate in war in any form, whose religious convictions are against war or participation therein, in accordance with the creed of said religious organization (the exemption of this class, however, to include only such portion of the prescribed training as requires the bearing or use of arms): Provided, That where the disability is temporary only there shall be issued temporary certificates of exemprion and all such persons shall be liable to be trained when the disability shall have been removed: Provided further, That in cases where a permanent or temporary certificate of exemption is denied, an appeal may be taken to the United States district court or judge thereof nearest the residence of the applicant, and the decision of said court or judge shall be final: Provided further, That in all cases where an exemption is applied for the burden of proof of the existence of cause for exemption shall be on

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