9381a. Restrictions on details, etc., of officers and enlisted men of Regular Army suspended.—All existing restrictions upon the detail, detachment, and employment of officers and enlisted men of the Regular Army are hereby suspended for the period of the present emergency. Sec. 11, Act of May 18, 1917 (40 Stat. 82).

(For the preceding section of this act see pars. 1668, 695b, 695c, and for the ensuing section see pars. 1295a-1295d.)

942a. Details in connection with Indian education.-The Secretary of War shall be authorized to detail an officer of the Army, not above the rank of Captain, for special duty with reference to Indian education. Sec. 7, Act of June 23, 1879 (21 Stat. 35).

and the officers serving therewith shall constitute a part of the line of the Army," they hold their offices in the Corps of Engineers and are merely detailed on duty with troops; that such vacancies as may be said to occur in the commissioned personnel of troop organizations are not filled by appointment to office but by the detail of a person holding office in the Corps of Engineers; and that the transfer of a line officer to the Corps of Engineers would not fill a vacant office in the line, but would fill a vacant office in a staff corps. (Id.)

Upon the question whether an officer transferred to another arm under the provisions of section 25 of the national-defense act subsequent to May 15, 1917, would be given a place on the lineal list of that arm determined by his relative rank on the passage of the bill June 3, 1916, or determined by his relative rank at the date of his actual transfer,

Held, that the purpose of the fifth proviso of section 25 of the nationaldefense act is limited to lessening inequalities of promotion due to the increase in the number of officers of the line of the Army under the provisions of the national-defense act; that the only inequalities of promotion which could result from the addition of officers would be inequalities between arms, and not inequalities between individuals within either of the arms; that the purpose of the statute, therefore, is to authorize transfer from the arm receiving the smaller increase to the arm receiving the larger increase, thus increasing the promotion in one arm and at the same time decreasing it in the other, and so producing an equality or a nearer approach thereto. Therefore, the statute does not address itself to equalizing or benefiting the persons transferred. Equity dictates, however, that the regulations made by the President for such transfer shall be equity to officers transferred. This has been done by prescribing that the officer transferred shall retain his relative rank at the date of the transfer. The increases authorized by the national-defense act were by the act itself divided into increments, and it is but a logical conclusion that each increment should constitute a separate and distinct addition to the Regular Army, except when two or more are added at the same time, as has been those on May 15, 1917. When the first increment was added, certain vacancies which were thereby caused or created on July 1, 1916, were reserved for officers who were to be transferred when their eligibility should be determined. There was, therefore, nothing in the way of assigning to those officers when transferred constructive dates of transfer corresponding with the vacancies which existed on the dates constructively adopted and were reserved for those officers. All vacancies to which transfers might be made which were created or caused by the first increment have now been filled, and there are therefore no vacancies created or caused by that increment to which the transfor of an officer can relate back in fixing a constructive date of transfer. Therefore, officers now transferred to another arm under the proviso quoted must take the relative rank which they had when the vacancies to which they are transferred occurred, there being no authority of law for disturbing, in order to benefit officers transferred to vacancies created by other increments, the relative rank established by the completion of the first increment. A disturbance of the relative rank established by the completion of the first increment would not lessen the inequalities of promotion due to the increase in the Bumber of officers of the line of the Army as defined above, and therefore Would not come within the purpose or authority of the national-defense act. (War. Dept. Bull. 49, Aug. 22, 1917.)

942b. Details to industrial-training schools for Indian youth.The Secretary of War be, and he is hereby, authorized to set aside, for use in the establishment of normal and industrial training schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts or barracks, so long as they may not be required for military occupation, and to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at each such school so established. Act of July 31, 1882 (22 Stat. 181).

951a. Sales of Army supplies, etc., to military schools.-Under such regulations as the Secretary of War may prescribe, educational institutions to which an officer of the Army is detailed as professor of military science and tactics may purchase from the War Department for cash, for the use of their military students, such stores, supplies, matériel of war, and military publications as are furnished to the Army, such sales to be at the price listed to the Army with the cost of transportation added. Act of July 17, 1914 (38 Stat. 512).

951b. Same-Receipts to be credited to original appropriations.— All moneys received from the sale of stores, supplies, matériel of war, and military publications to educational institutions to which an officer of the Army is detailed as professor of military science and tactics shall, respectively, revert to that appropriation out of which they were originally expended and shall be applied to the purposes for which they are appropriated by law. Id.

951c. Sales of ordnance property to educational institutions and soldiers' and sailors' orphans' homes.-Sales of articles of ordnance property are authorized to educational institutions and State soldiers' and sailors' orphans' homes for maintaining the ordnance and ordnance stores issued to them. Act of May 11, 1908 (35 Stat. 125). 953a. Issue of ordnance and ordnance stores to Washington High School. The Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government and which can be spared for that purpose, such as may appear to be required for military instruction and practice by the students of the High School of Washington, District of Columbia, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe-keeping thereof and for the return of the same. when required. Joint Res. No. 9 of Feb. 5, 1891 (26 Stat. 1113).

954a. Issue of magazine rifles, etc., for target practice, to clubs and schools. The Secretary of War is hereby authorized to issue, without expense to the United States, for use in target practice, United States magazine rifles and appendages therefor not of the existing service model and not necessary for the maintenance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said

arm, for each range at which target practice is had, not to exceed a total of one hundred and twenty rounds per year per man participating in target practice, to rifle clubs organized under the rules of the National Board for the Promotion of Rifle Practice and to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the conduct of proper target practice. Act of Apr. 27, 1914 (38 Stat. 370).

954b. Same-Regulations to be prescribed by Secretary of War.Issues of public property under this provision shall be made in compliance with regulations prescribed by the Secretary of War insuring the designed use of the property issued, providing against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other requirements as he may consider necessary adequately to safeguard the interests of the United States. Id.

954c. Issue of quartermaster stores, etc., to schools for maintenance of military instruction camps.-The Secretary of War is authorized to issue, at his discretion and under such regulations as he may prescribe, such quartermaster supplies and stores belonging to the Government, and which can be spared for that purpose, as may appear to be required for the establishment and maintenance of military instruction camps by the students of any educational institution to which an officer of the Army is detailed as professor of military science and tactics; and the Secretary of War shall require a bond in each case in the value of the property for the care and safekeeping thereof and for the return of the same when required. Act of May 18, 1916 (39 Stat. 123).

954d. Issue of targets and target materials, etc., to rifle clubs and schools. The Secretary of War is hereby authorized to issue, under such rules and regulations as he may prescribe, for use in target practice, targets, target materials, and other necessary accessories, to rifle clubs organized under the rules of the National Board for the Promotion of Rifle Practice and to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the proper conduct of target practice. Act of Aug. 29, 1916 (39 Stat. 643).

954e. Detail of enlisted men of Army as instructors in rifle practice to organized rifle clubs.-The Secretary of War, in his discretion, and under such regulations as he may prescribe, may authorize the detail of enlisted men of the Army as temporary instructors in rifle practice to organized rifle clubs requesting such instruction. Act of May 12, 1917 (40 Stat. 64).

955a. Issue of ammunition of old model to schools to which issue of artillery is authorized.-Hereafter ammunition of older model

than current may be issued for the instruction in target practice of students at the institutions to which the issue of artillery is authorized to the value of not more than five thousand dollars of original cost in any one year. Act of Mar. 3, 1909 (35 Stat. 730).

955b. Target practice at educational institutions, etc.-For manufacture of ammunition, targets, and other accessories for small-arms and machine-gun target practice and instruction; marksmen's medals, prize arms, and insignia for all arms of the service; and ammunition, targets, target materials, and other accessories may be issued for small-arms target practice and instruction at the educational institutions and State soldiers' and sailors' orphans' homes to which issues of small arms are lawfully made, under such regulations as the Secretary of War may prescribe, provided the total value of the stores so issued to the educational institutions and homes does not exceed $30,0001 ***. Act of Mar. 4, 1915 (38 Stat. 1082).

TRANSFER OF RETIRED OFFICERS TO ACTIVE LIST.

958a. Under age of fifty years, and not above grade of captain.— Hereafter the President be, and he is hereby, authorized, by and with the advice and consent of the Senate, to transfer to the active list of the Army any officer under fifty years of age and with rank not above that of captain who may have been transferred heretofore or who may be transferred hereafter for physical disability from the active to the retired list of the Army by the action of any retiring board. Act of Mar. 4, 1915 (38 Stat. 1068).

958b. Same-Place to which transferred on active list.-Such officer shall be transferred to the place on the active list which he would have had if he had not been retired, and shall be carried as an additional number in the grade to which he may be transferred or at any time thereafter promoted.1 Id.

958c. Same-Promotion after examination.-Such officer shall stand a satisfactory medical and professional examination for promotion as now provided for by law. Id.

1 Similar provision in act of April 27, 1914 (38 Stat. 370).

'A retired officer of the Army in the grade of first lieutenant was transferred to the active list March 22, 1917, "with the rank of captain of Infantry from July 1, 1916," under the provisions of the act approved March 4, 1915 (38 Stat., 1068), which authorizes the transfer of retired officers to the place on the active list which they would have had had they not been retired. The officer duly accepted his commission as captain, and thereupon the question was presented whether he was entitled to the difference in pay between the grades of first lieutenant and captain commencing July 1, 1916, the time from which his rank as captain dated under the order transferring him to the active list.

Held, that the date when the officer accepted his commission as captain, and thereby became invested with the office, was the date when the pay as captain commenced, and not before, since the rate of pay is attached to the office and not to the rank which the officer has.

(Comp. of the Treas., May 3, 1917. War Dept. Bull. 34, June 8, 1917.)

958d. Officers retired for physical disability, transfer to active list.-The President be, and he is hereby, authorized within two years' of the approval of this act, by and with the advice and consent of the Senate, to transfer to the active list of the Army any officer who may have been transferred heretofore for physical disability from the active to the retired list of the Army by the action of any retiring board. Id.

958e. Same-Officers heretofore transferred entitled to benefits of Art.-Any officer who may have already been transferred from the retired list to the active list shall receive the benefits of this act. Id. 1069.

958f. Details for active duty, rank and pay of retired officers receiving. Hereafter any retired officer, who has been or shall be detailed on active duty, shall receive the rank, pay, and allowances of the grade, not above that of major, that he would have attained in due course of promotion if he had remained on the active list for a period beyond the date of his retirement equal to the total amount of time during which he has been detailed on active duty since his retirement. Sec. 24, Act of June 3, 1916 (39 Stat. 183).

(For provision of this section immediately preceding this paragraph see paragraph 961a. In determining rights of officers under this paragraph, see paragraph 1084a for provision that officers retired before the separation of the Field Artillery from the Coast Artillery shall be regarded as having belonged to the Field Artillery.)

958g. List of and periodical examination of officers retired for disability with a view to assigning them to active duty.-The Secretary of War shall make a list of all officers of the Army who have been placed on the retired list for disability and shall cause such officers to be examined at intervals as may be advisable, and such officers as shall be found to have recovered from such disabilities or to be able to perform service of value to the Government sufficient to warrant. such action shall be assigned to such duty as the Secretary of War may approve. Act of Aug. 29, 1916 (39 Stat. 629).

1See 958b as to place to be occupied on active list and 958c as to examination prior to promotion.

Held, that the act of June 3, 1916, does not expressly, or by necessary implication, repeal or modify any part of the act of March 2, 1903, and that as the latter act expressly provides that time after retirement shall not be counted for longevity purposes, officers coming within the provision in question of the act of June 3, 1916, are not entitled to any higher pay in the grade that they would have attained in due course of promotion if they had remained on the active list than the pay of such higher grade computed on the length of their service at the time of their retirement.

(Comp. Treas., July 28, 1916. War Dept. Bull. 28, 1916.)

Held, that service of a retired officer under a commission in the Volunteers during the Spanish-American War could not be counted for the purpose of advancement in grade under section 24 of the national defense act, last sentence, which applies only to oflicers "detailed to active duty." (War Dept. Bull. 39, Oct. 6, 1916.)