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Any person who violates the provisions of this Act shall upon conviction be punished by a fine not exceeding $300 or imprisonment for not exceeding six months, or by both such fine and imprisonment. Act of July 8, 1918 (40 Stat. 821); 22 U. 8. C. 246.

2159. Uniform of National Home for Disabled Volunteer Soldiers.And provided further, That officers and members of the National Home for Disabled Volunteer Soldiers may, regardless of the preceding provisions of said Act, wear such uniform as the Secretary of War may authorize. Sec. 125, act of June 3, 1916 (39 Stat. 217); sec. 10, Ch. XVII, act of July 9, 1918 (40 Stat. 892); 10 U. S. 0. 1993.

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 installaOfficers, 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.

TALease of buildings in the District of ColumCooperation with the Army:

E bia, 2193. Coast and Geodetic, Survey, 2168. : Public money accounts, transmission to acLighthouse 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 permanent 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 appointments 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

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 3, 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. O. 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, 1933 (48 Stat. 154); 10 U. 8. O. 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. C. 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 6, 1920 (41 Stat. 785); 10 U. 8. C. 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. O. 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. 8. C. 291e.

2165. Proportion of Aying 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. 19, act of June 4, 1920 (41 Stat. 768); sec. 2, act of July 2, 1926 (44 Stat. 780); 10 U. 8. O. 2910.

*

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. 8.0. 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 mobilization 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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