For a restriction on the National Guard similar to that set out in second paragraph hereof, see 1331, post.

Provision for issue of military supplies and equipment to institutions maintaining units of the Reserve Officers' Training Corps is found in 2030, post.

Commutation of subsistence and commutation of uniform are paid advanced students under 1591 and 1592, post, and training camp pay under 1592a, post.

Notes of Decisions

Military instruction in land-grant col- | the training is a question not involved in leges. A State, by accepting the benefits of the present case.

eral and State authorities in respect of the military instruction given in the land-grant colleges.

the Act of July 2, 1862, for the endow- Judicial notice is taken of the long-esment, maintenance, and support of a "land | tablished voluntary cooperation between Fedgrant" college, becomes bound, as one of the conditions of the grant, to offer the students at such college instruction in military tactics, but remains free to determine the branches of military training to be offered, the content of the instruction, and the objects to be attained; whether the State becomes bound to require the students to take

The War Department has not been empowered to prescribe the military instructions in these institutions. Hamilton . Regents (1934), 293 U. S. 245, affirming (Calif., 1934), 28 P. (2d) 355.

1245. Reserve Officers' Training Corps; eligibility for membership.—Eligibility to membership in the Reserve Officers' Training Corps shall be limited to students of institutions in which units of such corps may be established who are citizens of the United States, who are not less than fourteen years of age, and whose bodily condition indicates that they are physically fit to perform military duty, or will be so upon arrival at military age. Sec. 44, act of June 3, 1916 (39 Stat. 192); 10 U. S. C. 382.

1246. Reserve Officers' Training Corps; admission of reserve officers.Provided further, That any reserve officer who is also a medical, dental, or veterinary student may be admitted to such Medical, Dental, or Veterinary Corps unit for such training, under such rules and regulations as the Secretary of War may prescribe: Sec. 47c, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 384.

*

1247. Reserve Officers' Training Corps; courses of training.-The Secretary of War is hereby authorized to prescribe standard courses of theoretical and practical military training for units of the Reserve Officers' Training Corps, and no unit of such corps shall be organized or maintained at any educational institution the authorities of which fail or neglect to adopt into their curriculum the prescribed courses of military training or to devote at least an average of three hours per week per academic year to such military training, except as provided in section 47c of this Act. Sec. 40a, added to the act of June 3, 1916, by sec. 33, act of June 4, 1920 (41 Stat. 777); 10 U. S. C. 385.

Provided, That any medical, dental, or veterinary student may be admitted to a Medical, Dental, or Veterinary Corps unit of the Reserve Officers' Training Corps for a course of training at the rate of ninety hours of instruction per annum for the four collegiate years, * * *. Sec. 47c, added to act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 383.

Provided further, That none of the funds appropriated in this Act shall be available for any expense on account of any student in Air Corps, Medical Corps, Dental Corps, or Veterinary units not a member of such units on May 5, 1932, but such stoppage of further enrollments shall not interfere with the maintenance of existing units: *. Title I, act of July 14, 1932 (47 Stat.

686), making appropriations for the War Department.

The above provision has been repeated in subsequent appropriation acts.

The words italicized were omitted in the appropriation act for the fiscal year 1937 and subsequent years.

Pro

1248. Reserve Officers' Training Corps; interruption of course.vided further, That nothing in this Act shall be construed to require that the advanced training provided for herein shall follow without interruption upon the completion of the two years' elective or compulsory course of military training prescribed in section 40 of this Act or to require that such advanced training be pursued without interruption after it has been commenced in those cases where the person selected for advanced training at any institution will, under the rules and regulations thereof, normally require, in order to be graduated therefrom, a period of sufficient duration after any interruption to complete the advanced course without curtailment. Sec. 47c, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778); act of May 12, 1928 (45 Stat. 501); 10 U. S. C. 386a.

1249. Reserve Officers' Training Corps; credit for prior training.-That in the interpretation and execution of section fifty of the Act of Congress approved June third, nineteen hundred and sixteen, credit shall be given as for service in the senior division of the Reserve Officers' Training Corps to any member of that division for any period or periods of time during which such member has received or shall have received at an educational institution under the direction of an officer of the Army, detailed as professor of military science and tactics, a course of military training substantially equivalent to that prescribed by regulations under this section for the corresponding period or periods of training of the senior division, Reserve Officers' Training Corps. Pub. res. of Sept. 8, 1916 (39 Stat. 853); 10 U. S. C. 388.

Section 50 of the Act of June 3, 1916, referred to above, was superseded by 1248, ante. 1250. Reserve Officers' Training Corps; training camps.-The Secretary of War is hereby authorized to maintain camps for the further practical instruction of the members of the Reserve Officers' Training Corps, no such camps to be maintained for a longer period than six weeks in any one year, except in time of actual or threatened hostilities; * and to admission to military hospitals at such camps, and to furnish medical attendance and supplies; to use the troops of the Regular Army, and such Government property as he may deem necessary, for the military training of the members of such corps while in attendance at such camps; and to prescribe regulations for the government of such camps. Sec. 47a, added to the act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 778); 10 U. S. C. 441.

For pay and allowances while in attendance at training camps, see 1592a, post.

1251. Rifle practice; national matches.-That there shall be held an annual competition, known as the national matches, for the purpose of competing for a national trophy, medals, and other prizes to be provided, together with a smallarms firing school, which competition and school shall be held annually under such regulations as may be prescribed by the Secretary of War. Act of Feb. 14; 1927 (44 Stat. 1095); sec. 1, act of May 28, 1928 (45 Stat. 786); 32 U. S. C. 181a. The national matches contemplated in this Act shall consist of rifle and pistol matches for the national trophy, medals, and other prizes mentioned in section 1 above, to be open to the Army, Navy, Marine Corps, Coast Guard, National Guard, or Organized Militia of the several States, Territories, and District of Columbia, the Reserve Officers' Training Corps, and the citizens' military training camps, rifle clubs, and civilians, together with a small-arms firing school to be connected therewith and competitions for which trophies and medals are provided by the National Rifle Association of America; and for the cost and expenditures required for and incident to the conduct of the same, including the personal expenses of the members of the National Board for the Promotion of Rifle Prac

tice, the sum necessary for the above-named purposes is hereby authorized to be appropriated annually as a part of the total sum appropriated for national defense: * * * Sec. 2, act of May 28, 1928 (45 Stat. 786); act of Apr. 11, 1936 (49 Stat. 1202); 32 U. S. C. 1816.

Rules and regulations for National Rifle and Pistol Matches were issued by the War Department under date of May 20, 1937 (2 F. R. 1211, June 15, 1937); and June 10, 1938 (3 F. R. 1723).

For pay and allowances of competitors, see 1588a, 1589, post.

1252. National Board for Promotion of Rifle Practice. Hereafter the Secretary of War shall, within the limits of appropriations made from time to time by Congress and in accordance with reasonable rules and regulations approved by him upon the recommendation of the National Board for the Promotion of Rifle Practice, authorize and provide for

(e) Maintenance of the National Board for the Promotion of Rifle Practice, including provision for the necessary expenses thereof and of its members; Act of June 7, 1924 (43 Stat. 510); 32 U. S. C. 181.

For the incidental expenses of the National Board for the Promotion of Rifle Practice, including books, pamphlets, badges, trophies, prizes, and medals to be expended for such purposes, the sum of not more than $7,500 is hereby authorized to be appropriated annually. Sec. 3, act of May 28, 1928 (45 Stat. 786); 32

1253. Rifle ranges; construction and operation.-The Secretary of War shall annually submit to Congress recommendations and estimates for the establishment and maintenance of indoor and outdoor rifle ranges, under such a comprehensive plan as will ultimately result in providing adequate facilities for rifle practice in all sections of the country. Sec. 113, act of June 3, 1916 (39 Stát. 211);

32 U. S. C. 186.

Hereafter the Secretary of War shall, within the limits of appropriations made from time to time by Congress and in accordance with reasonable rules and regulations approved by him upon the recommendation of the National Board for the Promotion of Rifle Practice, authorize and provide for→

(a) Construction, equipment, maintenance, and operation of indoor and outdoor rifle ranges and their accessories and appliances;

(b) Instruction of able-bodied citizens of the United States in marksmanship and, in connection therewith, the employment of necessary instructors;

(c) Promotion of practice in the use of rifled arms, the maintenance and management of matches or competitions in the use of such arms, and the issuance in connection therewith of the necessary arms, ammunition, targets, and other necessary supplies and appliances, and the award to competitors of trophies, prizes, badges, and other insignia;

(f) Procurement of necessary materials, supplies, appliances, trophies, prizes, badges, and other insignia, clerical and other services, and labor; * Act of June 7, 1924 (43 Stat. 510); 32 U. §. C. 181.

1254. Rifle ranges; use.- * * And that all ranges so established and all ranges which may have already been constructed, in whole or in part, with funds provided by Congress shall be open for use by those in any branch of the military or naval service of the United States and by all able-bodied males capable of bearing arms, under reasonable regulations to be prescribed by the controlling authorities and approved by the Secretary of War.

act of June 3, 1916 (39 Stat. 211); 32 U. S. C. 186.

Sec. 113,

The annual appropriations for shooting galleries and rifle ranges provide that they shall be open to the National Guard, organized rifle clubs, and all able-bodied males capable of bearing arms, under regulations to be prescribed by the Secretary of War.

By a provision of the act of June 14, 1917 (40 Stat. 181), "all home guards, State troops, and militia receiving arms and equipments as herein provided shall have the use, in the discretion of the Secretary of War and under such regulations as he may prescribe, of rifle ranges owned or controlled by the United States of America."

1255. Citizens' Military Training Camps; establishment, maintenance, and eligibility for membership.-The Secretary of War is hereby authorized to maintain, upon military reservations or elsewhere, schools or camps for the military instruction and training, with a view to their appointment as reserve officers or noncommissioned officers, of such warrant officers, enlisted men, and civilians as may be selected upon their own application; to fix the periods during which such camps shall be maintained; to prescribe rules and regulations for the government thereof: Sec. 47d, added to act of June 3, 1916, by

sec. 34, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 442.

*

Provided, That the funds herein appropriated shall not be used for the training of any person in the first year, or lowest course, who shall have reached his twenty-fourth birthday before the date of enrollment: Act of Feb. 28, 1929 (45 Stat. 1373), making appropriations for the support of the War Department.

A provision similar to second paragraph has appeared in prior and subsequent appropriation acts.

For provision for transportation and subsistence of persons authorized to attend Citizens' Military Training Camps, see 1588, post.

Provisions for the use of military supplies and equipment in imparting military instruction at these camps and for sales of quartermaster and ordnance property to members are found in 2021, post.

By 1242, ante, the services of graduates of the Military Academy may be utilized during the summer months of the year in which they graduate, as instructors at citizens' training camps.

1256. Citizens' Military Training Camps; courses of instruction. The Secretary of War is authorized further to prescribe the courses of theoretical and practical instruction to be pursued by persons attending the camps authorized by this section: * * Sec. 47d, added to act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 442.

1257. Citizens' Military Training Camps; expenses.-The Secretary of War is hereby authorized * to authorize such expenditures, from proper Army appropriations, as he may deem necessary for water, fuel, light, temporary structures, not including quarters for officers nor barracks for men, screening, and damages resulting from field exercises, and other expenses incidental to the maintenance of said camps, and the theoretical winter instruction in connection therewith: Sec. 47d, added to act of June 3, 1916, by sec. 34, act of June 4, 1920 (41 Stat. 779); 10 U. S. C. 442.

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