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.

Notes of Decisions

Cited without specific application.-U. S.

t. Rider (1923), 261 U. S. 363.

* *

1256. Same; 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); U. S. C. 10: 442.

1257. Same; 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); U. S. C. 10: 442.

State troops, maintenance, 1323.

Training:

General provision, 1324.

Drill and indoor target practice, 1325.
Encampments, maneuvers, and other ex-
ercises, 1326.

Assemblages for instruction, 1327.
Attendance at service schools or attach-

Transfer to and from National Guard Re

serve, 1329.

Units:

Location and designation, 1330.

Maintenance restricted, 1331.

Disbandment or reduction in strength restricted, 1332.

Use of the National Guard by the States and Territories, 1333.

ment to Regular Army, 1328. 1258. Plans, policies, and regulations; general provision.-*

Subject to

revision and approval 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. 3a, added to the act of June 3, 1916, by sec. 3, act of June 4, 1920 (41 Stat. 760); U. S. C. 10: 37.

*

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 reserve officers, including reserve officers who hold or have held commissions in the National Guard, and whose names are borne on lists of officers suitable for such duty, submitted by the governors of the several States and Territories. For the purposes specified herein, they shall be regarded as additional members of the General Staff while so serving: * * Sec. 5, act of June 3, 1916 (39 Stat. 167), as amended by

sec. 5, act of June 4, 1920 (41 Stat. 763); U. S. C. 10: 38.

1259. Militia; composition,-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 Unorganized Militia. Sec. 57, act of June 3, 1916 (39 Stat. 197); U. S. C. 32: 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); U. S. C. 32: 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.

Purpose and

Notes of Decisions

operation.-Congress has power to determine who shall compose the militia. Opinion of the Justices (1859), 80 Mass. (14 Gray) 614.

Age limits.-It is competent for the State legislature to exempt persons from enrollment, designating them by their agefor example, persons under 21 or over 30 years of age. Opinion of the Justices (1838), 39 Mass. (22 Pick.) 571.

Aliens. An alien is not liable to militia duty. Slade v. Minor (C. C. 1817), Fed. Cas. No. 12,937.

Alien repudiating this section by de manding exemption under act of May 18, 1917 (40 Stat. 76), as conscientious ob jector after declaring his intention to become citizen held ineligible to citizenship. In re D (D. C. Ohio, 1923), 290 Fed. 863.

Bodily infirmity.-A captain has no authority to exempt a private from the performance of military duty on account of bodily infirmity, upon the certificate of a physician who is not a surgeon or a

surgeon's mate of the regiment, and does not reside within the bounds of the regiment. Cobb v. Lucas (1833), 32 Mass. (15 Pick.) 1.

1260. Same; exemption from duty.-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 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 3, 1916 (39 Stat. 197); U. S. C. 32: 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 so 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 shall consist of regularly enlisted men who upon original enlistment shall be not less than eighteen nor more than forty-five years of age, or who in subsequent enlistments shall not be more than sixty-four years of age, organized, armed, and equipped as hereinafter provided, and of commissioned officers and warrant officers between the ages of twenty-one and sixty-four years: Provided, That in cases of appointments of warrant officers or enlistments made in accordance with National Guard regulations, no payments heretofore made to such warrant officers and enlisted men for participating in exercises or performing the duties described in sections 92, 94, 97, and 99 of the National Defense Act of June 3, 1916, as amended, or any bona fide claim therefor, shall be held or considered invalid because such warrant officer or enlisted man was of an age greater than forty-five years at the time of his appointment or enlistment or at the time of the performance of such duties. Sec. 58, act of June 3, 1916 (39 Stat. 197), as amended by sec. 1, act of Feb. 28, 1925 (43 Stat. 1075); U. S. C. 32: 4.

The purpose of this amendatory act was stated in a committee report to be to permit the retention of enlisted men between the ages of 45 and 64 and to validate payments made to enlisted men within these age limits, reference being made to the adverse decision in 4 Comp. Gen. 243. It was further stated that warrant officers, who have been elsewhere authorized for the National Guard since this section was originally enacted (see 1569, post), are specifically provided for in the change to forestall an adverse decision by the Comptroller General on payments to warrant officers between the ages of 45 and 64

Notes of Decisions

Organization. The terms "National Guard" OT "Organized Militia," as used in act of Mar. 2, 1907 (34 Stat. 1175), em

brace the whole of the militia organized under the laws of the States or Territories, whether intended for land or naval service,