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CHAPTER 38

WAR

Army personnel :

Espionage Act-Continued.
Temporary appointments, 2160.

Designation of prohibited places, 2186.
Period of service:

"United States" defined, 2187.
Reserve officers, 2161.

Photographs of military and naval installa-
Officers, National Guard of the United tions, 2187a.
States, 2161a.

Sabotage act :
Detail of retired officers to active duty, Definition, 2188.
2162.

Destroying or injuring war material, 2189.
Enlistments continued in force, 2163.

Making or causing to be made defective war
Flying officers defined, 2164.

material, 2190.
Proportion of flying and nonflying officers, Contracts; suspension of the 8-hour law,
2165.

2191,
Additional pay for officers, 2166.

Draft of officers of the merchant marine,
Council of National Defense, 2166a.

2192.
Mobilization of the Army, 2167.

Lease of buildings in the District of Colum-
Cooperation with the Army:

bia, 2193.
Coast and Geodetic Survey, 2168.

Public money accounts, transmission to ac-
Lighthouse Service, 2169.

counting officers, 2194.
Public Health Service, 2170.

Radio, regulation and utilization, 2194a.
American National Red Cross, 2171. Supplies and equipment:
Canal Zone, military control, 2172.

Procurement, 2195.
Electric energy, generation and transmission, Withdrawal from National Guard, 2196.
2172a.

Transportation :
Restrictions on commerce :

Preference to troops and material of war,
With State in insurrection, 2173.

2197.
With part of State in insurrection, 2174. Control of carriers, 2198.
Persons affected, 2175.

Requisition of vessels, 2198a.
Licenses, 2176.

Military records :
Penalties, 2177.

Revolutionary War and War of 1812, 2199.
Confiscation of property, 2178.

Indian wars, 2200.
Jurisdiction of condemnation proceedings,

Civil War, 2201.
2179.

World War, 2202,
Trading in captured or abandoned property,

Militia and voluntary forces, 2203.
2180.

Transcripts furnished to States, 2204.
Espionage act:

Export of arms and munitions of war:

In general, 2205.
Unlawfully obtaining information affecting

To American countries, 2206.
the national defense, 2181.

To belligerent countries, 2207.
Unlawfully disclosing information affect-

To the Chaco, 2208.
ing the national defense, 2182.

To Spain, 2209.
Unlawful possession of papers in aid of Export of tin, 2210.
foreign governments, 2183.

Taking for public use :
Seditious or disloyal acts or words, 2184. Private property, 2211.
Conspiracy to violate, 2185.

Plants for manufacture of explosives, 2212.
2160. Temporary appointments.-In time of war any officer of the Regular
Army may be appointed to higher temporary grade without vacating his per-
manent appointment. In time of war any officer of the Regular Army appointed
to higher temporary grade, and all other persons appointed, as officers, shall
be appointed and commissioned in the Army of the United States. Such ap-
pointments in grades below that of brigadier general shall be made by the
President alone, and general officers by and with the advice and consent of

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the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Par. 7, sec. 127a, added to act of June 9, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); sec. 20, act of June 15, 1933 (48 Stat. 161); 10 U. 8. C. 513.

2161. Period of service; Officers' Reserve Corps.-* Appointment in every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination: Provided, That an officer of the Officers' Reserve Corps shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Any officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the President. * Sec. 37, act of June 3, 1916 (39 Stat. 189); sec. 32, act of June 4, 1920 (41 Stat. 776); sec. 2, act of Sept. 22, 1922 (42 Stat. 1033); sec. 3, act of June 15, 1938 (48 Stat. 154); 10 U. 8. C. 358.

2161a. Period of service; officers of the National Guard of the United States, Officers in the National Guard of the United States shall be appointed for the period during which they are federally recognized in the same grade and branch in the National Guard : Provided, That an appointment in force at the outbreak of war shall continue in force until six months after its termination : And provided further, That such officer shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Sec. 38, added to act of June 3, 1916, by sec. 4, act of June 15, 1933 (48 Stat. 155); 32 U. S. O. 19.

2162. Detail of retired officers to active duty.-In time of war retired officers may be employed on active duty in the discretion of the President, and when so employed they shall receive the full pay and allowances of their grades. Par. 3, sec. 127a, added to the act of June 3, 1916, by sec, 51, act of June 4, 1920 (41 Stat. 785); 10 U. 8. O. 992. 2163. Enlistments continued in force.*

All enlistments in force at the outbreak of the war, or entered into during its continuation, whether in the Regular Army or the Enlisted Reserve Corps, shall continue in force until six months after its termination unless sooner terminated by the President. Sec. 55, act of June 3, 1916 (39 Stat. 195); sec. 35, act of June 4, 1920 (41 Stat. 780); act of June 8, 1926 (44 Stat. 705); 10 U. 8. C. 425.

2164. Flying officers defined.—* And provided further, That in time of war a flying officer may include any officer who has received an aeronautical rating as a pilot of service types of aircraft and also in time of war may include any officer who has received an aeronautical rating as observer. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 781); 10 U. S. O. 291e.

2165. Proportion of flying and nonflying officers.--* Provided further, That in time of war 10 per centum of the total number of officers that may be authorized for the Air Corps for such war may be immediately commissioned as nonflying officers: Provided further, That as soon as a sufficient number can be trained, at least 90 per centum of the total number of officers authorized for the Air Corps for such war shall be flying officers. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 780); 10 U. 8. C. 2910.

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2166. Additional pay for officers. During the existence of a state of war, formally recognized by Congress, officers of grades corresponding to those of colonel, lieutenant colonel, major, captain, and first lieutenants of the Army, holding either permanent or temporary commissions as such, shall receive the pay of the sixth, fifth, fourth, third, and second periods, respectively, unless entitled under the foregoing provisions of this section to the pay of a higher period. Sec. 1, act of June 10, 1922 (42 Stat. 626); 37 U. 8. O. 2.

That in time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade shall be entitled to receive the pay and allowances of the grade appropriate to the command so exercised : Provided, That a rate of pay exceeding that of a brigadier general shall not be paid in any case by reason of such assignment:

Sec. 7, act of Apr. 26, 1898 (30 Stat. 365); 10 U. 8. C. 694.

2166a. Council of National Defense.-That a Council of National Defense is hereby established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.

That the Council of National Defense shall nominate to the President, and the President shall appoint an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work.

That it shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of extensive highways and branch lines of railroad; the utilization of waterways; the mobilication of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the nation.

That the Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize

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subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed.

Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a statement of the activities of the council and the agencies subordinate to it as is consistent with the public interest, including an itemized account of the expenditures made by the council or authorized by it, in as full detail as the public interest will permit: Provided, however, That when deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures and report the gross sums so authorized not itemized. Sec. 2, act of Aug. 29, 1916 (39 Stat. 649); 50 U. 8. C. 1, 2, 3, 4, 5.

2167. Mobilization of the Army.--The organized peace establishment, including the Regular Army, the National Guard, and the Organized Reserves, shall include all of those divisions and other military organizations necessary to form the basis for a complete and immediate mobilization for the national de fense in the event of a national emergency declared by Congress. Sec. 3, act of June 3, 1916 (39 Stat. 166); sec. 3, act of June 4, 1920 (41 Stat. 759); 10 U. S. C. 5.

2168. Cooperation with Army; Coast and Geodetic Survey.—That the President is hereby authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of the War Department, or of the Navy Department, such vessels, equipment, stations, and personnel of the Coast and Geodetic Survey as he may deem to the best interest of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made: Provided, That such vessels, equipment, stations, and personnel shall be returned to the Coast and Geodetic Survey when such national emergency ceases, in the opinion of the President, and nothing in this Act shall be construed as transferring the Coast and Geodetic Survey or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided. Provided further, That any of the personnel of the Coast and Geodetic Survey who may be transferred as herein provided shall, while under the jurisdiction of the War Department or Navy Department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army or Navy, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law: * *. Sec. 16, art of May 22, 1917 (40 Stat. 87); 33 U. 8. C. 855.

Nothing in this Act shall reduce the total amount of pay and allowances they were receiving at the time of transfer. While actually employed in active service under direct orders of the War Department or of the Navy Department, members of the Coast and Geodetic Survey shall receive the benefit of all provisions of law relating to disability incurred in line of duty or loss of life. Sec. 16, act of May 22, 1914 (40 Stat. 88); 33 U.S. C. 857.

The Secretary of War, the Secretary of the Navy, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Coast and Geodetic Survey in time of war, and for the cooperation of

that service with the War and Navy Departments in time of peace in prepara. tion for its duties in war, which regulations shall not be effective unless approved by each of the said Secertaries, and included therein may be rules and regulations for making reports and communications between the officers or bureaus of the War and Navy Departments and the Coast and Geodetic Survey. Sec. 16, act of May 22, 1917 (40 Stat. 88); 33 U. 8. C. 858.

2169. Cooperation with Army; Lighthouse Service. The President is hereby authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of the Navy Department, or of the War Department, such vessels, equipment, stations, and personnel of the Lighthouse Service as he may deem to the best interests of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made: Provided, That such vessels, equipment, stations, and personnel shall be returned to the Lighthouse Service when such national emergency ceases in the opinion of the President, and nothing in this Act shall be construed as transferring the Lighthouse Service or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided; Provided further, That any of the personnel of the Lighthouse Service who may be transferred as herein provided shall, while under the jurisdiction of the Navy Department or War Department, be subject to the laws, regulations, and orders for the government of the Navy or Army, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law, Act of Aug. 29, 1916 (39 Stat. 602); 33 U. 8. C. 758.

The Secretary of the Navy, the Secretary of War, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Lighthouse Service in time of war, and for the cooperation of that service with the Navy and War Departments in time of peace in preparation for its duties in war, and this may include arrangements for a direct line of communication between the officers or bureaus of the Navy and War Departments and the Bureau of Lighthouses to provide for immediate action on all communications from these departments. Act of Aug. 29, 1916 (39 Stat. 602); 33 U. 8. C. 757.

2170. Cooperation with Army; Public Health Service. The President is authorized, in his discretion, to utilize the Public Health Service in times of threatened or actual war to such extent and in such manner as shall in his judgment promote the public interest without, however, in any wise impairing the efficiency of the service for the purposes for which the same was created and is maintained. Sec. 4, act of July 1, 1902 (32 Stat. 713); sec. 1, act of Aug. 14, 1912 (37 Stat. 309); 42 U. 8. C. 8.

That when officers of the United States Public Health Service are serving on Coast Guard vessels in time of war, or are detailed in time of war for duty with the Army or Navy in accordance with law, they shall be entitled to pensions for themselves and widows and children, if any, as are now provided for officers of corresponding grade and length of service of the Coast Guard, Army, or Navy, as the case may be, and shall be subject to the laws prescribed for the government of the service to which they are respectively detailed. Pub, res. of July 9, 1917 (40 Stat. 242); 42 U. S. C. 20.

2171, Cooperation with Army; American National Red Cross.-That whenever in time of war, or when war is imminent, the President may deem the cooperation and use of the American National Red Cross with the sanitary services of the land and naval forces to be necessary, he is authorized to accept the assistance

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