withstanding such repeal, the regulations having received the sanction of the President continued in force by the authority of the President in all cases where they did not conflict with positive legislation." (1 Op. Atty. Gen. 549.) The regulations of 1821 were revised under the direction of General Scott and a new edition was issued on Mar. 1, 1825, which continued in force until 1835.

A volume of General Regulations, compiled under the direction of Major General Macomb, was printed and prepared for issue on Sept. 1, 1835, but was not formally approved and promulgated until Dec. 31, 1836. A second edition of this work, with some modifications, was issued in 1841, and a third edition, containing alterations and amendments, which had been promulgated in orders or taken from former volumes of regulations, was issued to the Army on May 1, 1847.

On Jan. 1, 1857, a volume of Army Regulations, containing a number of important modifications, together with a general rearrangement of paragraphs and subject matter, was prepared under the direction of Secretary Davis, and published with the approval of the President on Jan. 1, 1857. This volume continued in force until Aug. 10, 1861, when it was replaced by a revised edition; a second edition of this work was issued on June 25, 1863, containing the "changes and laws affecting Army Regulations and Articles of War."

The thirty-seventh section of the act of July 28, 1866 (14 Stat. 337), directed the Secretary of War "to have prepared and to report to Congress at its next session a code of regulations for the government of the Army and of the militia in actual service, which shall embrace all necessary orders and forms of a general character for the performance of all duties incumbent on officers and men in the military service, including rules for the government of courtsmartial; the existing regulations to remain in force until Congress shall have acted on said report." No code of regulations having been submitted, Congress provided, in section 20 of the act of July 15, 1870, supra, that "the Secretary of War shall prepare a system of general regulations for the administration of the affairs of the Army, which, when approved by Congress, shall be in force and obeyed until altered or revoked by the same authority, and said regulations shall be reported to Congress at its next session: Provided, That the said regulations shall not be inconsistent with the laws of the United States."

In conformity to this legislation a code of regulations, which had been prepared by a board of officers of which Inspector General Marcy was the president, was submitted to the House of Representatives on Feb. 17, 1873, and was by that body referred to the Committee on Military Affairs and ordered to be printed. No steps looking to their adoption were taken during the remainder of the session, and the Forty-second Congress adjourned without action. The question was taken up by the Military Committee of the House of Representatives in the Forty-third Congress, and the proposition of adopting a code of Army regulations was carefully considered. The conclusion reached by the committee was that the power to make and amend or alter regulations had best be left to Executive discretion. To that end a recommendation was submitted, which was adopted by Congress and approved by the President on Mar. 1, 1875, supra, authorizing the President "to make and publish regulations for the government of the Army in accordance with existing laws."

Sec. 2 of the act of June 23, 1879 (21 Stat. 34), authorized and directed the Secretary of War "to cause all the regulations now in force to be codified and published to the Army," and provided that the expense attending the publication of the work should be defrayed from the appropriation for the contingent expenses of the Army for the current fiscal year. Under the authority thus conferred the Regulations of 1881 were prepared and issued to the Army, the order of promulgation bearing date Feb. 17, 1881. A revision and condensation of this volume was issued by the Secretary of War on Feb. 9, 1889. Later revisions were issued Oct. 31, 1895; May 1, 1901; Sept. 15, 1904; Dec. 31, 1910; and Nov. 15, 1913.

The "pamphlet system" of Army Regulations, whereunder all administrative regulations for the military service, whether general or special in character, of more or less permanent application and issued or to be issued by authority of the Secretary of War, are published in a single system of numbered pamphlets, was initiated in 1920, and is the present system in force. (See Circular No. 368, War Department, dated Oct. 19, 1920.) The pamphlet system includes, together with appropriate new matter, all existing nonobsolete administrative regulations, as above described, particularly those found in (a) Army Regulations, 1913; (b) Special Regulations; (c) Compilation of Orders; (d) Supplement to the Compilation of Orders; (e) Manuals (such as Manual for the Quartermaster Corps, Manual for the Medical Department, etc.); (f) General orders, bulletins, and circulars. See, for more detailed description, AR 1-15.

Notes of Decisions

Conformity to statutes.-The general power | 144 U. S. 677). An executive officer cannot, to make regulations to carry into effect any particular statute does not carry with it the power to create offenses or to assess penalties for violations of the statute (U. S. v. Eaton,

by his regulations, alter or amend a law. All he can do is to regulate the mode of proceeding to carry into effect what Congress has enacted. Penalties are purely the creatures

310. Regulation of sale of intoxicants.-The sale of or dealing in beer, wine, or any intoxicating liquors by any person in any post exchange or canteen or Army transport, or upon any premises used for military purposes by the United States, is hereby prohibited. The Secretary of War is hereby directed to carry the provisions of this section into full force and effect. Sec. 38, act of Feb, 2, 1901 (31 Stat. 758); 10 U. S. C. 1350.

The second paragraph of the 1929 text of this section, based on section 12, act of May 18, 1917 (40 Stat. 82); 10 U. S. C. 1353, was specifically repealed by section 203, liquor law repeal and enforcement act of August 27, 1935 (49 Stat. 878).

*

310a. Regulations in the District of Columbia; carrying and possession of weapons. No person shall within the District of Columbia carry concealed on or about his person, except in his dwelling house or place of business or on other land possessed by him, a pistol, without a license therefor, issued as hereinafter provided, or any deadly or dangerous weapon. Sec. 4, act of July 8, 1932 (47 Stat. 651).

The provisions of the preceding section shall not apply to marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly appointed lawenforcement officers, or to members of the Army, Navy, or Marine Corps of the United States or of the National Guard or Organized Reserves when on duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States, provided such members are at or are going to or from their places of assembly or target practice, or to officers or employees of the United States duly authorized to carry a concealed pistol, * Sec. 5, act of July 8, 1932 (47 Stat. 651).

No person shall within the District of Columbia possess any machine gun, sawed-off shotgun, or any instrument or weapon of the kind commonly known as a blackjack, slung shot, sand club, sandbag, or metal knuckles, nor any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms: Provided, however, That machine guns, or sawed-off shotguns, and blackjacks may be possessed by the members of the Army, Navy, or Marine Corps of the United States, the National Guard, or Organized Reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly appointed law-enforcement officers, officers or employees of the United States duly authorized to carry such weapons, Sec. 14, act of July 8, 1932 (47 Stat. 654).

The inhibition in sec. 12 of the above-cited act (47 Stat. 653) against alteration of identifying marks of firearms in the District of Columbia is, by a proviso thereof, made inapplicable to officers or agents of any of the departments of the United States engaged in experimental work.

310b. Regulations in the District of Columbia; dispensing or prescribing marihuana.-* * * (b) An officer or employee of the United States, any State, Territory, the District of Columbia, or insular possession, or political subdivision, who, in the exercise of his official duties, engages in any of the activities enumerated in section 2 of this Act shall not be required to register or pay the

special tax, but his right to this exemption shall be evidenced in such manner as the Secretary may by regulations prescribe. Sec. 3, act of Aug. 2, 1937 (50 Stat. 552); 26 U. S. C. 13996.

(a) It shall be unlawful for any person, whether or not required to pay a special tax and register under section 2, to transfer marihuana, except in pursuance of a written order of the person to whom such marihuana is transferred, on a form to be issued in blank for that purpose by the Secretary.

(b) Subject to such regulations as the Secretary may prescribe, nothing contained in this section shall apply

* (4) To a transfer of marihuana to any officer or employee of the United States Government or of any State, Territorial, District, county, or municipal or insular government lawfully engaged in making purchases thereof for the various departments of the Army and Navy, the Public Health Service, and for Government, State, Territorial, District, county, or municipal or insular hospitals or prisons. Sec. 6, act of Aug. 2, 1937 (50 Stat. 553) ; 26 U. S. C. 1399e. The term "Secretary" as used in this section refers to the Secretary of the Treasury. The "activities enumerated in section 2 of this Act" have to do with the manufacture, sale, or prescribing of marihuana.

*

Regulations of the Bureau of Narcotics, Treasury Department, to carry into effect section 3, supra, are published in 2 F. R. 2404, October 1, 1937, Article 83.

310c. Regulations in the District of Columbia; sale and possession of narcotic drugs.—(b) A duly licensed manufacturer or wholesaler may also sell narcotic drugs to any of the following persons:

(1) On a special written order accompanied by a certificate of exemption, as required by the Federal narcotic laws, to a person in the employ of the United States Government or of the District of Columbia, or of any State, Territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.

(2) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon duly licensed in some State, Territory, or the District of Columbia to practice his profession, or to a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft, for the actual medical needs of persons on board such ship or aircraft, when not in port: Provided, That such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft, or to a physician, surgeon, or retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service.

(3) To a person in a foreign country if the provisions of the Federal narcotic laws are complied with. Sec. 6, act of June 20, 1938 (52 Stat. 788).

A person in charge of a hospital or of a laboratory, or in the employ of the District of Columbia or of any State, or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some State, Territory, or the District of Columbia, to practice his profession, or a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft who obtains narcotic drugs under the provisions of section 6 of this Act, or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within the District of Columbia, except within the scope of his employment or official duty, and then only for scientific or medical pur

poses and subject to the provisions of this Act. Sec. 7, act of June 20, 1938 (52 Stat. 789).

The provisions of this Act restricting the possession and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or their employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. Sec. 15, act of June 20, 1938 (52 Stat. 794).

The above provisions are from the "Uniform Narcotic Drug Act," applicable to the District of Columbia only.

310d. Regulations in the District of Columbia; operation of motor vehicles.

Provided, That enlisted men of the Army, Navy, Marine Corps, and Coast Guard shall be issued, without charge, a permit to operate Governmentowned vehicles, while engaged in official business, upon the presentation of a certificate from their commanding officers to the effect that they are assigned to operate a Government vehicle and are qualified to drive, and upon proving to the satisfaction of the director of traffic that they are familiar with the traffic regulations of the District of Columbia. Sec. 7 (a), act of Mar. 3, 1925 (43 Stat. 1121); sec. 2, act of July 3, 1926 (44 Stat. 812); act of Feb. 18, 1929 (45 Stat. 1226).

310e. Regulations in the District of Columbia; practice of the healing art.but physicians and surgeons of the United States Army, Navy, and Public Health Service, and medical officers in any other branch of the Federal Government whatsoever, * * shall not be required to pay any fee in conSec. 23, act of Feb. 27, 1929 (45

nection with any such application. Stat. 1333).

The provisions of this Act forbidding the practice of the healing art without a license shall not apply (a) to commissioned surgeons of the United States Army, Navy, or Public Health Service, or to medical officers in any other branch of the Federal Government whatsoever, in the discharge of their official duties;

Sec. 42, act of Feb. 27, 1929 (45 Stat. 1339).

This section is from the "Healing arts practice act, District of Columbia, 1928."

*

310f. Regulations in the District of Columbia; practice of dentistry.Nothing in this Act shall apply to a dental surgeon of the United States Army, Navy, Public Health Service, or Veterans' Bureau in the discharge of his official duties. * Sec. 23, act of June 7, 1924 (43 Stat. 604).

This section is from an act to regulate the practice of dentistry in the District of Columbia.

311. Reinstatement of officers dismissed or dropped. No officer of the Army who has been or may be dismissed from the service by the sentence of a general court-martial, formally approved by the proper reviewing authority, shall ever be restored to the military service, except by a reappointment confirmed by the Senate. R. S. 1228; 10 U. S. C. 579.

and no officer so dropped shall be eligible for reappointment. Act of Jan. 19, 1911 (36 Stat. 894); 10 U. S. C. 574.

The provision of the act of Jan. 19, 1911, refers to officers dropped from the rolls of the Army as absent from duty three months without leave, or absent in confinement in a prison or penitentiary for more than three months after final conviction by a civil court of competent jurisdiction.

See A. W. 118, post, 476.

Notes of Decisions

An officer of the Navy who has been dis- ment to the Navy or to membership in the missed by sentence of court-martial, and Fleet Naval Reserve. (1918) 31 Op. Atty. subsequently pardoned for the offense for Gen. 225.

which dismissed, is ineligible for reappoint

312. Restoration to grade; noncommissioned officers reenlisting within twenty days.-* * * Provided further, That any noncommissioned officer discharged with an excellent character shall be permitted, at the expiration of three years in the active service, to reenlist in the organization from which discharged with the rank and grade held by him at the time of his discharge if he reenlists within twenty days after the date of such discharge: Sec. 27, act of June 3,

1916 (39 Stat. 186); 10 U. S. C. 630.

313. Restoration to grade; enlisted men discharged to accept commission.That any enlisted man of the Army of the United States who has heretofore been, or shall hereafter be, discharged to accept a commission in any component part of the Army of the United States, and who shall tender himself for enlistment within three months after the termination of his commissioned service, shall, subject to such examination for enlistment as is provided by law or regulation, be accepted and be restored to the grade held by him before being discharged to accept such commission; * Act of Mar. 30, 1918 (40 Stat. 501); 10 U. S. C. 631.

* *

Act of May 12, 1917 (40 Stat. 74), making appropriations for the support of the Army provided that the "enlisted men who were discharged from the Army to accept a commission in the National Guard, or in any volunteer force that may be authorized in the future, at the call of the President, June eighteenth, nineteen hundred and sixteen, be restored to their original status upon reenlisting in the Regular Army." This refers to the Mexican punitive expedition.

314. For text of this section as published in the 1929 Edition, see 186, ante.

315. Restrictions on activities; civil office. No officer of the Army on the active list shall hold any civil office, whether by election or appointment, and every such officer who accepts or exercises the functions of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby vacated. R. S. 1222; 10 U. S. C. 576.

* Fourth. No person belonging to the Army or Navy shall be elected to or hold any civil office or appointment in any Territory, except officers of the Army on the retired list. R. S. 1860; act of Mar. 3, 1883 (22 Stat. 567); 48 U. S. C. 1460.

(a) After the date of the enactment of this Act, no person holding a civilian office or position, appointive or elective, under the United States Government or the municipal government of the District of Columbia or under any corporation, the majority of the stock of which is owned by the United States, shall be entitled, during the period of such incumbency, to retired pay from the United States for or on account of services as a commissioned officer in any of the services mentioned in the Pay Adjustment Act of 1922 [U. S. C., title 37], at a rate in excess of an amount which when combined with the annual rate of compensation from such civilian office or position, makes the total rate from both sources more than $3,000; and when the retired pay amounts to or exceeds the rate of $3,000 per annum such person shall be entitled to the pay of the civilian office or position or the retired pay, whichever he may elect. As used in this section, the term "retired pay" shall be construed to include credits for all service that lawfully may enter into the computation thereof.

(b) This section shall not apply to any person whose retired pay plus civilian pay amounts to less than $3,000: Provided, That this section shall not apply to