not less than one hundred dollars nor more than five hundred dollars, and by imprisonment for not less than three months nor for more than one year. SEC. 80. Any person who shall advise, counsel, aid, or assist any other person in violating any of the provisions of this act, or who shall threaten, obstruct, or assault any person lawfully engaged in carrying out any of the provisions of this act, or who, having knowledge of any violation or intended violation of any of the provisions of this act, fails or neglects to inform without delay the proper authorities of such violation or intended violation shall, upon conviction, be punished by a fine of not less than ten dollars nor more than two hundred dollars, and by imprisonment for not less than one month nor for more than one year; and any person who shall connive, conspire, combine, or agree with any other person or persons to commit any of the offenses prescribed in this section shall, upon conviction, be deemed guilty of the completed offense and punished as a principal.

SEC. 81. Any person who, acting for himself or for one or more other persons or for a corporation, shall give employment to any person who, being liable for military service and having been duly called out for same, has not completed the prescribed service in the training forces or been furloughed to the Reserves, or who, being liable for registration or physical examination, has not duly submitted thereto shall, upon conviction, be punished by a fine of not less than ten dollars nor more than two hundred dollars and by imprisonment for not less than one month nor for more than three months.

SEC. 82. In time of actual or threatened hostilities any sentence of imprisonment or portion of such sentence imposed by any court for any offense not involving moral turpitude upon any person liable for military service, which shall be unexecuted on the date of enrollment of such person in the military service, shall be executed under the military authorities. In time of peace any such sentence shall be executed under the civil authorities, and the person so punished, if liable to military service and not over twenty-four years of age when such sentence shall have been executed, shall be liable for military service and training with the class of recruits called out to report therefor on the first day of November next following the execution of his sentence.

SEC. 83. Any person whomsoever who knowingly shall under oath make any false or misleading statement, either orally or in writing, in connection with any claim for exemption from military service under this act shall, upon conviction, be deemed guilty of perjury and punished accordingly.

SEC. 84. Any person whomsoever who shall knowingly procure or cause to be made any false or misleading statement under oath in connection with any claim for exemption from military service under this act shall, upon conviction, be deemed guilty of subornation of perjury and punished accordingly.

SEC. 85. One-half of any fine adjudged against any person for violation of any provision of this act shall be paid to any person or persons who shall have furnished the information which resulted in the conviction of the person so fined, and one-half of any such fine shall be covered into the Treasury of the United States.

SEC. 86. It shall be lawful at any time for any person authorized by the laws of the United States, or of any State, Territory, or District, to make arrests to arrest summarily and place in the custody of the proper United States officials for examination or trial any person whom such person authorized to make arrests has reasonable grounds for believing has violated any of the provisions of this act, and, in time of war or when war is imminent all persons in the naval and military service of the United States are hereby clothed with like authority to make such arrests.

SEC. 87. Nothing in this act shall operate to deprive any permanent enlisted men in the United States Army of any of the rights or privileges respecting retirement or pension which are now provided by law for enlisted men of the Regular Army, or to deprive any permanent officer of the United States Army of any of the rights or privileges respecting pensions which are now provided by law for officers of the Regular Army, but no person in the United States Army other than the permanent officers and enlisted men described in section three of this act shall be entitled to retirement, and no person in the United States Army other than such permanent officers and enlisted men shall be entitled to pensions except for physical disabilities incurred in line of duty while employed on active duty pursuant to the orders of competent authority or while, pursuant to such orders, proceeding from their homes to posts of duty and thence to their homes.

SEC. 88. That section thirty-five of the act of Congress approved March fourth, nineteen hundred and nine, Criminal Code, is amended to read as follows:

Whoever shall make or cause to be made, or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent; or whoever, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, shall make or use, or cause to be made or used, any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim; or whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States or willfully to conceal such money or other property, shall deliver, or cause to be delivered, to any other person having authority to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt; or whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without full knowledge of the truth of the facts stated therein and with intent to defraud the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. And the issue to or the placing in the custody or possession of any officer, soldier, sailor, or other person called into or employed in the military or naval service of the United States, of any arms, equipments, ammunition, clothes, military stores, or other public property shall not be held to vest in any such officer, soldier, sailor, or other person, any title whatsoever as against the United States to such arms, equipments, ammunition, clothing, military stores, or other public property. And whoever shall knowingly purchase or receive in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service, any arms, equipments, ammunition, clothes, military stores, or other public property, whether furnished to the soldier, sailor, officer, or person, under a clothing allowance or otherwise, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same shall be fined not more than five hundred dollars, and imprisoned not more than two years."

SEC. 89. The Secretary of War is hereby authorized to prescribe all regulations and forms and to designate or prescribe all persons necessary or convenient for carrying out the provisions of this act in all cases in which authority to prescribe such regulations or forms or to designate such persons is not by the provisions of this act delegated to another person.

SEC. 90. All commissioned officers in the Regular Army shall be included in the permanent commissioned personnel of the United States Army, and the inclusion of any such officer therein shall not operate to reduce his rank or the pay and allowances to which he as an officer in the Regular Army was entitled on the date of the passage of this act.

SEC. 91. All provisions of the act of Congress approved June third, nineteen hundred and sixteen, relating to the Reserve Officers' Corps, the training camps for selected civilians, the National Guard, the composition of the militia, and all laws and parts of laws in conflict with the provisions of this act are hereby repealed: Provided. That members of the Reserve Officers' Training Corps shall be eligible for appointment in the Reserve Officers' Corps under the conditions provided in the act of Congress approved June third, nineteen hundred and sixteen, relative to eligibility to appointment in the Reserve Officers' Corps: Provided further, That from and after five years after the passage of this act no part of any appropriation for the raising, equipping, arming, paying, supplying, training, sheltering, subsisting, or transporting troops shall be used for equipping, arming, paying, supplying, training, sheltering, or transporting any person who is not commissioned, enlisted, appointed, enrolled, or employed in the United States Army, the Reserve Officers' Training Corps, or the Militia of the Hawaiian Islands or Porto Rico: And provided further, That nothing herein shall operate to release or relieve any State, Territory, or District, or corporation, or natural person from any accountability, responsibility, liability,

or indebtedness to the United States for any money, or moneys, or any property whatsoever which shall have been or may hereafter be intrusted to any such State, Territory, or District, or to any such corporation or natural person, and until such time as all such accountability, responsibility, liability, and indebtedness shall have been finally settled according to law all existing laws and parts of laws relating to such settlements shall remain in full force and effect.

Act of May 8, 1792, entitled "An Act more effectually to provide for the national defense by establishing a uniform militia throughout the United States."

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years (except as is hereinafter excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enroll every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by a proper noncommissioned officer of the company, by whom such notice may be proved. That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot pouch, and powderhorn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutered and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned officers shall severally be armed with a sword or hanger and espontoon, and that from and after five years from the passing of this act, all muskets for arming the militia as herein required, shall be of bores sufficient for balls of the eighteenth part of a pound. And every citizen so enrolled, and providing himself with the arms, ammunition and accouterments required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales. for debt or for the payment of taxes.

SEC. 2. And be it further enacted, That the Vice President of the United States, the officers, judicial and executive, of the Government of the United States, the Members of both Houses of Congress and their respective officers, all customhouse officers with their clerks, all post officers and stage drivers who are employed in the care and conveyance of the mail of the post office of the United States, all ferrymen employed at any ferry on the post road, all inspectors of exports, all pilots, all mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who now are or may hereafter be exempted by the laws of the respective States shall be and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five

years.

SEC. 3. And be it further enacted, That withn one year after the passing of this act the militia of the respective States shall be arranged into divisions, brigades, regiments, battalions, and companies as the legislature of each State shall direct, and each division, brigade, and regiment shall be numbered at the formation thereof and a record made of such numbers in the adjutant general's office in the State, and when in the field or in service in the State each division, brigade, and regiment shall respectively take rank according to their numbers, reckoning the first or lowest number highest in rank. That if the same be convenient each brigade shall consist of four regiments, each regiment of two battalions, each battalion of five companies, each company of sixty-four privates. That the said militia shall be officered by the respective States as follows: To each division one major general and two aids-de-camp, with the rank of major; to each brigade one brigadier general, with one brigade inspector, to serve also as brigade major, with the rank of a major; to each regiment one lieutenant colonel commandant; and to each battalion one major; to each company one captain, one lieutenant, one ensign, four sergeants, four corporals, one drummer, and one fifer or bugler. That there shall be a regimental staff, to consist

of one adjutant and one quartermaster, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one sergeant major; one drum major and one fife major.

SEC. 4. And be it further enacted, That out of the militia enrolled, as is herein directed, there shall be formed for each battalion at least one company of grenadiers, light infantry or riflemen; and that to each division there shall be at least one company of artillery and one troop of horse; there shall be to each company of artillery one captain, two lieutenants. four sergeants, four corporals, six gunners, six bombadiers, one drummer, and one fifer. The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge box to contain twelve cartridges; and each private or matross shall furnish himself with all the equipments of a private in the infantry until proper ordnance and field artillery is provided. There shall be to each troop of horse one captain, two lieutenants, one cornet, four sergeants, four corporals, one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good horses of at least fourteen hands and a half high, and to be armed with a sword and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and a half high, a good saddle, bridle, mail-pillion and valise, holsters, and a breastplate and crupper, a pair of boots and spurs, a pair of pistols, a saber, and a cartouch-box to contain twelve cartridges for pistols. That each company of artillery and troop of horse shall be formed of volunteers from the brigade, at the discretion of the commander in chief of the State, not exceeding one company of each to a regiment, nor more in number than one-eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the color and fashion to be determined by the brigadier commanding the brigade to which they belong.

SEC. 5. And be it further enacted, That each battalion and regiment shall be provided with the State and regimental colors by the field officers, and each company with a drum and fife or bugle horn by the commissioned officers of the company, in such manner as the legislature of the respective States shall direct.

SEC. 6. And be it further enacted, That there shall be an adjutant general appointed in each State, whose duty it shall be to distribute all orders from the commander in chief of the State to the several corps; to attend all public reviews when the commander in chief of the State shall review the militia or any part thereof; to obey all orders from him relative to carrying into execution and perfecting the system of military discipline established by this act; to furnish blank forms of different returns that may be required, and to explain the principles on which they should be made; to receive from the several officers of the different corps throughout the State returns of the militia under their command, reporting the actual situation of their arms, accouterments, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline, all which the several officers of the divisions, brigades, regiments, and battalions are hereby required to make in the usual manner, so that the said adjutant general may be duly furnished therewith, from all which returns he shall make proper abstracts and lay the same annually before the commander in chief of the State.

SEC. 7. And be it further enacted, That the rules of discipline approved and established by Congress in their resolution of the twenty-ninth of March, one thousand seven hundred and seventy-nine, shall be the rules of discipline to be observed by the militia throughout the United States, except such deviations from the said rules as may be rendered necessary by the requisitions of this act or by some other unavoidable circumstances. It shall be the duty of the commanding officer at every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained agreeably to the said rules of discipline.

SEC. 8. And be it further enacted, That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company, or detachment. SEC. 9. And be it further enacted, That if any person, whether officer or soldier, belonging to the militia of any State, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.

SEC. 10. And be it further enacted. That it shall be the duty of the brigade-inspector to attend the regimental and battalion meetings of the militia composing their several brigades during the time of their being under arms, to inspect their arms, ammunition, and accouterments; superintend their exercise and maneuvers and introduce the system of military discipline before described throughout the brigade, agreeable to law, and such orders as they shall from time to time receive from the commander-inchief of the State; to make returns to the adjutant general of the State, at least once in

every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accouterments, and ammunition of the several corps, and every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline; and the adjutant general shall make a return of all the militia of the State to the commander in chief of the said State and a duplicate of the same to the President of the United States.

And whereas sundry corps of Artillery, Cavalry, and Infantry now exist in severaof the said States which by the laws, customs, or usages thereof have not been incorporated with or subject to the general regulations of the militia:

SEC. 11. Be it further enacted, That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act, in like manner with the other militia.

Senator THOMAS. Mr. Chairman, did not our hearings last year cover this subject pretty extensively?

The CHAIRMAN. Yes; in general. There were two or three parties who testified here with respect to the subject, particularly with respect to the Swiss military system; but the general subject was not gone into, although there were some hearings had on the subject. Senator BRADY. In our hearings we will have reference to all three of these measures that the chairman has mentioned?

The CHAIRMAN. Yes.

Senator BRADY. The object being to secure all information we can relative to the merits of the different measures?

The CHAIRMAN. Yes. I will state that Mr. Walter L. Fisher is present, and the committee will be glad to have Mr. Fisher make any statement that he desires to make in reference to the whole subject involved. I will say that Mr. Hallinan requested that we have Mr. Fisher come here and we are very glad to have him.

STATEMENT OF HON. WALTER L. FISHER.

Mr. FISHER. Senator Chamberlain, and members of the subcommittee, let me right at the outset disclaim any pretension to special knowledge or peculiar wisdom on this subject. My excuse for appearing before you at all is, first, a profound conviction of the importance of the matter, and, second, the fact that for some time I have, on account of that conviction, been led to give a good deal of thought and attention to the subject, primarily for the purpose of clarifying my own views and enabling me to do what I conceive to be my duty as a citizen.

I am emboldened to express any opinion on the subject very largely by the fact that I find that most eminent military authorities apparently unite in the opinion that matters of this sort are not matters that are exclusively military in character, but are, after all, questions of public policy that must and should be decided by the general citizenship of the Nation. I know of no higher authority upon a matter of this kind than Admiral Mahan, whose position is internationally established, and in reading what he has to say on this and kindred matters, I was very much impressed by this utterance of his. He says:

Justly appreciated, military affairs are one side of the politics of a nation, and therefore concern the individual who has an interest in the government of the State. They form part of a closely related whole, and putting aside the purely professional details, * military preparations should be determined chiefly by those broad political considerations which affect the relations of States one to another and the several parts of the same State to the common defense.

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