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CHAPTER 23

NATIONAL GUARD

Definitions, 1257a.

Discharge of enlisted men, 1288. Plans, policies, and regulations, 1258.

Enlistment in National Guard and National Militia:

Guard of the United States, 1289. Composition, 1259.

Enlistment in inactive National Guard, 1291, Exemptions, 1260.

Oath of office, 1294.
Composition of the National Guard, 1261. Oath of enlistment, 1294a.
Composition of the National Guard of the Federal service, National Guard :
United States, 1261a.

General provision, 1295.
Organization of the National Guard, 1262. Insurrection against a State, 1296.
Authorized strength of the National Guard, Insurrection against the United States,
1263.

1297. Adjutants General :

Enforcement of constitutional rights, Appointment, 1264.

1298. Duties, 1265.

Physical examination, 1299. Ancient Corps, 1266.

Jurisdiction, 1300. Appointment of officers and warrant officers, Disposition of uniform when released, National Guard of the United States :

1301. Authority, 1266a.

Federal service, National Guard of the Period of service, 1266b.

United States : Federal recognition, 1266c.

General provision, 1302. Grades and branches, 1266d.

Appointment of officers and warrant offAppointment of officers, National Guard,

cers, 1303. 1266e.

Status on discharge, 1304. Arms, equipment, and uniform, 1268.

Funds :
Caretakers, 1269.

Estimates, 1305.
Command of joint maneuvers with the Appropriations authorized, 1306.
Regular Army, 1270.

Apportionment and availability, 1307. Commissions of officers; National Guard of Disbursement and accounting, 1308. the United States, 1271.

Debarment from receiving, 1309. Courts-martial:

Funds of unreconstituted units of the Na. Classified, 1273

tional Guard, 1311. General, 1274.

Inspections, 1312. Special, 1275.

Rules and regulations, 1314. Summary, 1276.

Property and disbursing officers of the Power to issue warrants for arrest, 1277. United States : Execution of processes and sentences, Appointment, pay, and duties, 1315. 1278.

Deputies, 1317, Sentences of confinement, 1279.

Federal property : Sentences of dismissal or dishonorable Provision for care and protection, 1318. discharge, 1280.

Liability for loss, damage, or destruction,

1319, To duty with General Staff or National Disposition when replaced by new issues, Guard Bureau, 1282.

1320. To active duty in an emergency, 1283.

Withdrawal in time of war, 1321. To command tactical units of the Na- Property of the National Guard : tional Guard, 1284.

Credit for return to the United States, As assistant to chief of staff of National

1322. Guard division, 1285.

Credit when brought into Federal service, As instructors in the use of arms, 1286.

1322a. In connection with national matches, State troops, maintenance and use, 1323.

Status of officers, National Guard of the Discharge and withdrawal of Federal l'ecog

United States, when not on active duty, nition, officers and warrant officers, 1287.

1323a.

Detail of officers :

12860.

Training:

Units : General provision, 1324.

Location and designation, 1330. Drill and indoor target practice, 1325.

Maintenance restricted, 1331. Encampments, maneuvers, and other ex- Disbandment or reduction in strength, ercises, 1326.

1332. Assemblages for instruction, 1327.

District of Columbia National Guard :
Attendance at service schools or attach- Commander in chief, 1333a.
ment to Regular Army, 1328.

Commanding general, 1333b.
Transfer to and from inactive National Appointment of staff officers, 1333c.
Guard, 1329.

Right-of-way in streets, 1333d.
Transportation, 1329a.

Use of Washington Barracks, 1333e. 1257a. Definitions.-In this Act, unless the context or subject matter otherwise requires

(a) “National Guard” or “National Guard of the several States, Territories, and the District of Columbia" means that portion of the Organized Militia of the several States, Territories, and the District of Columbia, active and inactive, federally recognized as provided in this Act and organized, armed, and equipped in whole or in part at Federal expense and officered and trained under paragraph 16, section 8, article I of the Constitution.

(b) “National Guard of the United States” means a reserve component of the Army of the United States, composed of those federally recognized units and organizations and persons duly appointed and commissioned in the active and inactive National Guard of the several States, Territories, and the District of Columbia, who have taken and subscribed to the oath of office prescribed in section 73 of this Act, and who have been duly appointed by the President in the National Guard of the United States, as provided in this Act, and of those officers and warrant officers appointed as prescribed in sections 75 and 111 of this Act, and of those persons duly enlisted in the National Guard of the United States and of the several States, Territories, and the District of Columbia who have taken and subscribed to the oath of enlistment prescribed in section 70 of this Act. Sec. 71, added to act of June 3, 1916, by sec. 9, act of June 15, 1933 (48 Stat. 157); 32 U. 8. C. 46.

For sections 75, 111, and 70, National Defense Act as amended, see 1266c, 1303, 1294a, post, respectively.

Notes of Decisions Inactive National Guard.—The "inactive (2) Such federally recognized personnel National Guard," referred to but not defined as may be assigned thereto, up to and inin this and other sections, comprises

cluding the war strength of such units. (1) Those headquarters and units included (3) Inactive personnel assigned to active in the "modified program" for the develop and recognized units in sufficient number ment of the National Guard and allotted to to bring them up to war strength. (1934) the several States, but not authorized for 37 Op. Atty. Gen. 424. organization and equipment. See N. G. R. 15.

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1258. Plans, policies, and regulations.

Subject to revision and ap proval by the Secretary of War, the plans and regulations under which the initial organization and territorial distribution of the National Guard shall be made, shall be prepared by a committee of the branch or division of the War Department General Staff, hereinafter provided for, which is charged with the preparation of plans for the national defense and for the mobilization of the land forces of the United States. For the purpose of this task said committee shall be composed of members of said branch or division of the General Staff and an equal number of reserve officers, including reserve officers who hold or have held commissions in the National Guard.

Sec. Sa, added to the act of June 3, 1916, by sec. 3, act of June 4, 1920 (41 Stat. 760); 10 U. S. 2. 37.

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All policies and regulations affecting the organization and distribution of the National Guard of the United States, and all policies and regulations affecting the organization, distribution, and training of the National Guard, shall be prepared by committees of appropriate branches or divisions of the War Department General Staff, to which shall be added an equal number of officers from the National Guard of the United States, whose names are borne on lists of officers suitable for such duty, submitted by the governors of their respective States and Territories, and for the District of Columbia by the Commanding General, District of Columbia National Guard.

Provided, That when the subject to be studied affects the National Guard of the United States or the National Guard and the Officers' Reserve Corps, the Organized Reserves or the Enlisted Reserve Corps, such committees shall consist of an equal representation from the Regular Army, the National Guard of the United States, and the Officers' Reserve Corps. There shall be not less than ten officers on duty in the War Department General Staff, one-half of whom shall be from the National Guard of the United States and one-half from the Officers' Reserve Corps. For the purpose specified herein such officers shall be regarded as additional members of the General Staff while so serving: Provided further, That the Chief of Staff shall transmit to the Secretary of War the policies and regulations prepared as hereinbefore prescribed in this paragraph and advise him in regard thereto. After action by the Secretary of War thereon the Chief of Staff shall act as the agent of the Secretary of War in carrying the same into effect.

The Chief of Staff shall exercise the same supervision and control of the reserve components of the Army of the United States as he does over the Regular Army. Sec. 5, act of June 3, 1916 (39 Stat. 167); sec. 5, act of June 4, 1920 (41 Stat. 763); sec. 2, act of June 15, 1933 (48 Stat, 153); 10 U. 8. O. 38.

For pay and allowances of officers ordered to active duty as members of General Staff committees, see 1557, post.

1259. Composition of the militia.--The militia of the United States shall consist of all able-bodied male citizens of the United States and all other able-bodied males who have or shall have declared their intention to become citizens of the United States, who shall be more than eighteen years of age and, except as hereinafter provided, not more than forty-five years of age, and said militia shall be divided into three classes, the National Guard, the Naval Militia, and the L'norganized Militia. Sec. 57, act of June 3, 1916 (39 Stat. 197); 32 U. 8. C. 1.

The provisions of this Act in respect to the militia shall be applicable only to militia organized as a land force

Sec. 117, act of June 3, 1916 (39 Stat. 212); 32 U. 8. C. 2.

By act of July 1, 1918 (40 Stat. 708), all laws relating to the Naval Militia were repealed, and the latter part of sec. 47 of the National Defense Act is omitted, as relating only to the Naval Militia.

For liability to military duty in the “national forces," see 1, ante.

1260. Composition of the militia; exemptions.--The Vice President of the United States; the officers, judicial and executive, of the Government of the United States and of the several States and Territories; persons in the military or naval service of the United States; customhouse clerks; persons employed by the United States in the transmission of the mail; artificers and workmen employed in the armories, arsenals, and navy yards of the United States; pilots; mariners actually employed in the sea service of any citizen or merchant within the United States, shall be exempt from militia duty without regard to age, and all persons who because of religious belief shall claim exemption from military service, if the conscientious holding of such belief by such person shall be established under such regulations as the President shall prescribe, shall

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be exempted from militia service in a combatant capacity; but no person so exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant. Sec. 59, act of June 5, 1916 (39 Stat. 197); 32 U. 8. 0.3.

This act superseded provisions as to exemptions in sec. 2 of the militia act of Jan. 21, 1903 (32 Stat. 775). The principal changes made by the 1916 act were to omit the exemption in the 1903 act of "all persons who are exempted by the laws of the respective States or Territories," and to add in the 1916 act the clause, “but no person 80 exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant."

1261. Composition of the National Guard.—The National Guard of each State, Territory, and the District of Columbia shall consist of members of the militia voluntarily enlisted therein, ho upon original enlistment shall be not less than eighteen nor more than forty-five years of age, or who in subsequent enlistment shall be not more than sixty-four years of age, organized, armed, equipped, and federally recognized as hereinafter provided, and of commissioned officers and warrant officers who are citizens of the United States between the ages of twenty-one and sixty-four years: Provided, That former members of the Regular Army, Navy, or Marine Corps under sixty-four years of age may enlist in said National Guard. Sec. 58, act of June 3, 1916 (39 Stat. 197); seo. 1, act of Feb. 28, 1925 (43 Stat. 1075); sec. 5, act of June 15, 1933 (48 Stat. 155); 32 U. S. 0. 4.

1261a. Composition of the National Guard of the United States. The National Guard of the United States is hereby established. It shall be a reserve component of the Army of the United States and shall consist of those federally recognized National Guard units, and organizations, and of the officers, warrant officers, and enlisted members of the National Guard of the several States, Territories, and the District of Columbia, who shall have been appointed, enlisted and appointed, or enlisted, as the case may be, in the National Guard of the United States, as hereinafter provided, and of such other officers and warrant officers as may be appointed therein as provided in section 111 hereof : Provided, That the members of the National Guard of the United States shall not be in the active service of the United States except when ordered thereto in accordance with law, and, in time of peace, they shall be administered armed, uniformed, equipped, and trained in their status as the National Guard of the several States, Territories, and the District of Columbia, as provided in this Act: And provided further, That under such regulations as the Secretary of War shall prescribe, noncommissioned officers, first-class privates, and enlisted specialists of the National Guard may be appointed in corresponding grades, ratings, and branches of the National Guard of the United States, without vacating their respective grades and ratings in the National Guard : And provided further, That in the grades of first lieutenant and second lieutenant the number shall be unlimited. Sec. 58, act of June 3, 1916 (39 Stat. 197); sec, 1, act of Feb. 28, 1925 (43 Stat. 1075); sec. 5, act of June 15, 1933 (48 Stat. 155); sec. 2, act of June 19, 19.35 (49 Stat. 391); 32 U.S. C. ha.

For portion of section 111, National Defense Act, referred to, see 1303, post.

1262. Organization of the National Guard.—Except as otherwise specifically provided herein, the organization of the National Guard, including the conposition of all units thereof, shall be the same as that which is or may pereafter be prescribed for the Regular Army, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. And the President may prescribe the particular unit or units, as to branch or arm of service to be maintained in each State, Territory, or the District of Columbia

in order to secure a force which, when combined, shall form complete higher tactical units : Provided, That no change in allotment, branch, or arm of units or organizations wholly within a single State will be made without the approval of the governor of the State concerned. Sec. 60, act of June 3, 1916 (39 Stat. 197); sec. 36, act of June 4, 1920 (41 stat. 781); sec. 6, act of June 15, 1933 (48 Stat. 156); 32 U. 8. C. 5.

For the purpose of maintaining appropriate organization and to assist in instruction and training, the President may assign the National Guard of the several States and Territories and the District of Columbia to divisions, brigades, and other tactical units and may detail officers either from the National Guard or the Regular Army to command such units: Provided, That where complete units are organized within a State, Territory, or the District of Columbia the commanding officers thereof shall not be displaced under the provisions of this section. Sec. 64, act of June 3, 1916 (39 Stat. 198); 32 U. 8. 0. 8.

Provided, That the National Guard of any State, Territory, or the District of Columbia, shall include such officers and enlisted men of the staff corps and departments, corresponding to those of the Regular Army, as may be authorized by the Secretary of War. Act of May 12, 1917 (40 Stat. 68); Ch. I, act of July 9, 1918 (10 Stat. 875); 32 U. 8. C. 9.

Notes of Decisions

Detached officers' list.-The Governor can Transfer of an officer to the detached offcreate a detached officers' list and transfer cers' list is not a deprivation of office. Id. an officer thereto without the action of a court-martial. Baker v. Harris (Ark., 1929) 13 S. W. (20) 33.

1263. Authorized strength of the National Guard.-The number of enlisted men of the National Guard to be organized under this Act within one year from its passage shall be for each State in the proportion of two hundred such men for each Senator and Representative in Congress from such State, and a number to be determined by the President for each Territory and the District of Columbia, and shall be increased each year thereafter in the proportion of not less than fifty per centum until a total peace strength of not less than eight hundred enlisted men for each Senator and Representative in Congress shall have been reached : Provided, That in States which have but one Representative in Congress such increase shall be at the discretion of the President: Provided further, that this shall not be construed to prevent any State, Territory, or the District of Columbia from organizing the full number of troops required under this section in less time than is specified in this section, or from maintaining existing organizations if they shall conform to such rules and regulations regard. ing organization, strength, and armament as the President may prescribe: And provided further, That nothing in this Act shall be construed to prevent any State with but one Representative in Congress from organizing one or more regiments of troops, with such auxiliary troops as the President may prescribe; such organizations and members of such organizations to receive all the benefits accruing under this Act under the conditions set forth herein :

Sec, 62, act of June 3, 1916 (39 Stat. 198); 32 U. S. C. 121.

$500,000 of which shall be available exclusively for defraying the cost of increasing the strength of the National Guard from approximately one hundred and ninety-five thousand to not exceeding an average of two hundred thousand officers and men

Title 1, War Department appropriation act of May 15, 1936 (49 Stat. 1299).

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