340. Retirement; warrant officers appointed from field clerks, service counted. "U. S. C. 10: 596" should be added to the citations to both the second and third paragraphs of this section, based on acts of March 4, 1927 (44 Stat. 1417), and May 23, 1928 (45 Stat. 719), respectively (J. A. G. 010.3, November 12, 1929, page 100). And pro * * * * * as 341. Same; warrant officers, Army Mine Planter Service.vided further, That warrant officers shall be retired Ch. IX, act of July * * * * now provided by law for officers of the Army. 9, 1918 (40 Stat. 882); U. S. C. 10: 276. * The above provision, referring to warrant officers, Army Mine Planter Service, omitted from the original Code and the Military Laws, 1929, is added as the first paragraph of this section (J. A. G. 010.3, December 12, 1929, page 2). 342. Same; * * * warrant officers, Army Mine Planter Service, service counted.— And provided further, That in computing length of service for retirement * * * for warrant officers * * ** authorized by this chapter, service on boats in the service of the Quartermaster Department of the Quartermaster Corps prior to the passage of this Act shall be counted; Ch. IX, act of July 9, 1918 (40 Stat. 882); U. S. C. 10: 276. * The above provision, referring to warrant officers, Army Mine Planter Service, omitted from the original Code and the Military Laws, 1929, is added as the first paragraph of this section (J. A. G. 010.3, December 12, 1929, page 2). 343. Same; enlisted men for length of service. That when an enlisted man has served as such thirty years in the United States Army or Marine Corps, either as private or noncommissioned officer, or both, he shall, by application to the President, be placed on the retired list hereby created, with the rank held by him at the date of retirement. * * Act of Feb. 14, 1885 (23 Stat. 305), as amended by act of Sept. 30, 1890 (26 Stat. 504); U. S. C. 10: 947a. This provision, omitted from the original Code and the Military Laws, 1929, is added as a new paragraph of this section (J. A. G. 010.3, November 12, 1929, page 159). NOTES OF DECISIONS Applicability to Philippine Scouts.--Sec., 36, act of February 2, 1901 (31 Stat. 748), plainly establishes the status of an enlisted man of the Philippine Scouts as an enlisted man in the Army, and this section just as plainly directs that such an enlisted man, having served thirty years as such, shall be placed upon the retired list. The duty of disbursing officer to pay voucher for retired pay in such case may be compelled by mandamus. Miguel v. McCarl (1934), 291 U. S. 442, reversing (App. D. C. 1933), 66 F. (2d) 564. | La circular of administrative routine. 345. Same; enlisted men for length of service; service under detail to LatinAmerican Republics. Citation should be changed to read: Act of May 19, 1926 (44 Stat. 565), as amended by act of May 14, 1935 (49 Stat. 218); U. S. C. 10: 540; 34⋅ 441α, 346. Same; enlisted men for length of service, commissioned service in Philippine Scouts. The War Department has recommended the express repeal of this section, based on act of June 12, 1906 (34 Stat. 248); U. S. C. 10: 954, as serving no useful purpose not covered by 343, ante, and 348, post (J. A. G. 010.3, October 20, 1930, page 77). 347. Same; enlisted men for length of service; commissioned service in Volunteer Army. The War Department has recommended the express repeal of this section, based on act of March 2, 1903 (32 Stat. 934), as serving no useful purpose not covered by 343, ante, and 348, post (J. A. G. 010.3, October 20, 1930, page 77). 349. Taxation. Under Treasury decision approved January 18, 1937, the value of quarters furnished to the commissioned officers, chief warrant officers, warrant officers, and enlisted personnel of the Army, Navy, Coast Guard, Coast and Geodetic Survey, and Public Health Service, or amounts received by them as commutation of quarters, are to be excluded from gross income in the computation of Federal income tax (2 F. R. 15. page 157). 350. Tour of duty, officers and enlisted men outside continental limits of the United States.-No officer or enlisted man of the Army shall, except upon his own request, be required to serve in a single tour of duty for more than two years in the Philippine Islands, on the Asiatic Station, or in China, Hawaii, Puerto Rico, or the Panama Canal Zone, except in case of insurrection or of actual or threatened hostilities and except in the discretion of the Secretary of War for temporary emergencies: Provided, That the foregoing provision shall not apply to the organization known as the “Philippine Scouts." Sec. 1, act of Mar. 4, 1915 (38 Stat. 1078), as amended by sec. 2, act of May 29, 1934 (48 Stat. 816); U. S. C. 10: 17. This section has been amended to read as above. (See J. A. G. 010.3, October 20, 1930, pages 12, 48, 59.) 352a. Transfers; restriction.-The President is authorized, during the fiscal year ending June 30, 1935, to restrict the transfer of officers and enlisted men of the military and naval forces from one post or station to another post or station to the greatest extent consistent with the public interest. Sec. 315, Tile III, Part II, act of June 30, 1932 (47 Stat. 411); continued in force by sec. 4 (a), Title II, act of Mar. 20, 1933 (48 Stat. 13), and by sec. 24, Title II, independent offices appropriation act of Mar. 28, 1934 (48 Stat. 522). This section is not continued in force after July 1, 1935. 353. Witnesses before committees of Congress. Whenever a witness summoned as mentioned in section 102 of the Revised Statutes fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session, or when Congress is not in session, a statement of facts constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action. R. S. 104, as amended by act of July 13, 1936 (49 Stat. 2041); U. S. C. 2: 194. The third paragraph of this section has been amended as above. CHAPTER 3 A. W. 2. A. W. 3. ARTICLES OF WAR Persons subject to military law, | A. W. 93. Various crimes, 451. Courts martial classified, 360. Composition: General courts mar- A. W. 12. Jurisdiction: general courts mar tial. 369. A. W. 18. Procedure: challenges, 375. Action by appointing authority: A. W. 107. Soldiers to make good time lost, 465. A. W. 108. Soldiers - Separation from the service, 466. A. W. 118. Officers, separation from the serv ice, 476. 356. Offenses committed prior to the enactment of the present code. "U. S. C. 10: 1593a" should be added to the citation to this section, based on section 3, chapter II, act of June 4, 1920 (41 Stat. 812) (J. A. G. 010.3, October 20, 1930, page 107). 359 (A. W. 2). Persons subject to military law. "U. S. C. 34: 715" should be added to the citation to this section, based on A. W. 2 (J. A. G. 010.3, October 20, 1930, page 123). Collateral attack.-Party asserting va- facts. Ver Mehren v. Sirmyer (C. C. A. lidity of judgment of court martial has 1929) 36 F. (2d) 876. burden of proving necessary jurisdictional 362 (A. W. 5). General courts martial. NOTES OF DECISIONS Number of members.-Accused, by silence | stead of nine members. Aderhold, Warden, in court-martial proceeding, waived objection v. Menefee (C. C. A. 1933), 67 F. (2d) 345. to trial before court martial of seven in 369 (A. W. 12). Jurisdiction; general courts martial. NOTES OF DECISIONS Crimes committed on high seas.-Crime committeed on United States warship on high seas is committed without "territorial jurisdiction of United States", and is there fore triable by court martial, where committed by an enlisted man of the Navy belonging to vessel. Aderhold, Warden v. Menefee (C. C. A. 1933), 67 F. (2d) 345. 375 (A. W. 18). Challenges. NOTES OF DECISIONS was legally organized. Aderhold, Right in general.-Accused should object | tried before trial to personnel of court martial, Warden v. Menefee (C. C. A. 1933), 67 F. where court martial before which he was (2d) 345. 451 (A. W. 93). Variou's crimes. NOTES OF DECISIONS Post exchange funds.—A post exchange | Code, by an act or omission has caused dammay, under the Civil Code of the Philippine age to another by his fault or negligence. Islands, sue an exchange officer who has Post Exchange 31st Infantry v. Kinney, negligently permitted subordinates to em- Sup. Ct. Philippine Islands, August 28, 1929, bezzle funds belonging to the exchange, since affirming judgment of Court of First Inhe is a person who, in the language of that stance, City of Manila. 465 (A. W. 107). Soldiers to make good time lost. NOTES OF DECISIONS and thereby rendering them unable for more than one day to perform duty, the injuries sustained were not the result of their own misconduct. (1931) 36 Op. Atty. Gen. 478. Result of own misconduct.—Where enlisted | lose control of the machine, which ran into men had been absent on 24-hour passes and a fence along the road, injuring both men were returning to their station on a twoseated motorcycle belonging to one of them, several hours after expiration of the 24-hour period, when the lights of the motorcycle suddenly failed, causing owner to 466 (A. W. 108). Soldiers-Separation from the service. NOTES OF DECISIONS Terms of discharge.-Change citation to second paragraph to read as follows: Reid v. U. S. (D. C., 1908), 161 Fed. 469; writ of error dismissed, 211 U. S. 529. Demurrer to answer, in petition for mandamus alleging that the form of discharge granted a man duly inducted for military service but never entrained, due to cancellation of all calls on November 11. 1918, was a matter within the sound discretion of the Secretary of War, overruled. Story v. Dern, Sec'y of War, et al. (Oct. 1934); At law, No. 841298, Dist. Col. Supr. Ct. (No opinion.) The words "honorably discharged" in a certificate of discharge do not necessarily control where the War Department has ruled that a soldier having a certificate of discharge containing such words was nevertheless not honorably separated. Horylev v. New York State Bonus Commission (N. Y. 1927), 221 N. Y. Supp. 548. 472 (A. W. 114). Authority to administer oaths. Powers similar to those conferred on officers of the Army by this section were conferred on officers of the Navy and Marine Corps authorized to administer oaths for the purposes of the administration of naval justice and for other purposes of naval administration when serving in places beyond the continental limits of the United States, by act of April 25, 1935 (49 Stat. 161). 476 (A. W. 118). Officers, separation from service. NOTES OF DECISIONS the Act of April 2, 1918 (40 Stat. 501), and consequently may be dropped from the rolls of the Navy by the President. (1930) 36 Op. Atty. Gen. 186. Effect of not carrying name in official register.-A Navy court martial has jurisdiction to try a naval officer, regardless of the fact that his name had not been carried in the official register after his desertion. Affirmative action of the President Conviction by civil court.-A chief machinist in the U. S. Navy was convicted by a Federal court of certain offenses against the United States and was sentenced to pay a fine of $1,000 and be imprisoned in a Federal penitentiary for a period of 18 months. The execution of his sentence of imprisonment was suspended under the Probation Act of March 4, 1925 (43 Stat. 1259), and he took no steps during the term at which his sentence was imposed to alter or in dropping him from the rolls cannot be set it aside. Held that he has been "finally inferred from mere fact that his name was sentenced to confinement in so omitted. Ex parte Smith (D. C. 1931) Federal penitentiary" within the meaning of 47 F. (2d) 257. a * CHAPTER 4 USE OF THE ARMY 484a. Enforcement of law; Virgin Islands.-* The Governor shall faithfully execute the laws of the United States applicable to the Virgin Islands, and the laws and ordinances of the Virgin Islands He may call upon the commanders of the military and naval forces of the United States in the islands or summon the posse comitatus, or call out the militia, to prevent or suppress violence, invasion, insurrection, or rebellion; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the islands, or any part thereof, under martial law, until communication can be had with the President and the President's decision thereon made known * * * Sec. 20, organic act of June 22, 1936 (49 Stat. 1812); U. S. C. 48: 14058. 486. Indian Country; general provision. This section, based on R. S. 2150; U. S. C. 25: 223, and R. S. 2151; U. S. C. 25: 224, was expressly repealed by act of May 21, 1934 (48 Stat. 787). 487. Same; arrest of Indians. This section, based on R. S. 2152; U. S. C. 25: 225, was expressly repealed by act of May 21, 1934 (48 Stat. 787). 489. Same; removal of unauthorized persons. This section, based on R. S. 2147; U. S. C. 25: 220, was expressly repealed by act of May 21, 1934 (48 Stat. 787). 494. Prevention of peonage. The second paragraph of this section, based on R. S. 1991, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429). 44 |