of the governors of the several States and Territories or the commanding general of the District of Columbia National Guard, such numbers thereof as are required for equipping the National Guard in said States, Territories, and the District of Columbia, without charging the cost or value thereof or any expenses connected therewith, against any allotment to said States, Territories, or the District of Columbia, provided that the equipment thus issued shall be receipted for and shall remain the property of the United States and be annually accounted for in the manner prescribed by the Act of June third, nineteen hundred and sixteen, and that each State, Territory, and the District of Columbia shall, upon receipt of new equipment, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor and without expense for transportation of Infantry equipment now in its possession, the property of the United States, and replaced by articles of the model of nineteen hundred and ten equipment. Act of May 12, 1917 (40 Stat. 68).

1361e. Issue of arms and ammunition to States, Territories, and District of Columbia for equipment of home guards.-The Secretary of War during this existing emergency be, and he is hereby, authorized, in his discretion, to issue from time to time to the several States and Territories and the District of Columbia for the equipment of such home guards1 having the character of State police or constabu

'During the present war a. State may lawfully raise and maintain troops which resemble in all or almost all respects the well-known militia of the several States as it hitherto existed for service within its own boundaries exclusively. These forces are capable of being called by the Nation into the service of the United States for the usual constitutional purposes, and the members as individuals can be drafted by the Federal Government, but are not subject to draft under second paragraph of section 1 of the national-defense act as members of the National Guard. (War Dept. Bull. 67, Nov. 30, 1917.)

Home guards may not, without authority therefor from the Secretary of War, wear any uniform which bears a prohibited similarity to the uniform of the United States, but the Secretary of War has power to grant such authority on condition that the uniform bear some mark or insignia distinguishing it from the uniform prescribed for the United States Army. (Id.)

Settlers upon public lands who enlist in any of the home-guard organizations of the various States are not entitled to have their services therein counted as equivalent to residence for the purpose of completing their titles to the said lands. The act of July 28, 1917, grants such a right to men who are actually engaged in the military service of the United States and to those who are members of organizations for offense or defense authorized by Congress in time of war. The home-guard organizations are not authorized by Congress but by the several States, and are in the nature of State police or constabulary. The nationaldefense act of June 3, 1916, and act of June 14, 1917, merely recognize the authority of the various States to establish and maintain such organizations for their own purposes. (Dig. Opin. J. A. G., January, 1918.)

Where a State has failed to enact appropriate legislation to obtain the benefits of the Federal appropriations for its National Guard provided for in Revised Statutes, section 1661 as amended (34 Stat. 449), as superseded by the nationaldefense act of June 3, 1916 (39 Stat. 166), and where the National Guard of such State has been drafted into the Federal service, the right of the governor of such State to raise and equip a temporary military force to be known as a State police or constabulary is recognized by section 61 of said act. By the act of June 14, during the present emergency, rifles, ammunition, etc., for its equipment. (Id., February, 1918.)

lary as may be organized by the several States and Territories and District of Columbia, and such other home guards as may be organized under the direction of the governors of the several States and Territories and the Commissioners of the District of Columbia or other State troops or militia, such rifles and ammunition there for, cartridge belts, haversacks, canteens, in limited amounts as available supplies will permit, provided that the property so issued shall remain the property of the United States and shall be receipted for by the governors of the several States and Territories and Commissioners of the District of Columbia and accounted for by them under such regulations and upon furnishing such bonds or security as the Secretary of War may prescribe, and that any property so issued shall be returned to the United States on demand when no longer needed for the purposes for which issued, or if, in the judgment of the Secretary of War, an exigency requires the use of the property for Federal purposes. Art of June 14, 1917 (40 Stat. 181).

1361f. Same-Use of rifle ranges extended to.-All home guards, State troops and militia receiving arms and equipments as herein provided shall have the use, in the discretion of the Secretary of War and under such regulations as he may prescribe, of rifle ranges owned or controlled by the United States of America. Id.

1364a. Field Artillery, Organized Militia, horses for, care of same, etc.-For the purpose of this section the total number of horses shall not exceed thirty-two to any one battery or four to each battalion or regimental headquarters, and that such horses shall be used exclusively for Field Artillery purposes: And provided further, That the men to be so compensated, not to exceed five for each battery, shall be duly enlisted therein and shall be detailed by the battery conmmander under such regulations as the Secretary of War may prescribe, and shall be paid by the United States disbursing officer in each State provided for in the Act of January twenty-first, nineteen hundred and three,' entitled, "An Act to promote the efficiency of the Militia, and for other purposes," as amended. Act of Mar. 4, 1915 (38 Stat. 1071).

1364b. Same-Horses to conform to standards for Regular Army and remain property of United States, etc.-The funds appropriate ! by section sixteen hundred and sixty-one, Revised Statutes, and by the Act entitled "An Act to promote the efficiency of the militia, and for other purposes," approved May twenty-seventh, nineteen hundred and eight,' as amended, shall be available for the purchase under such regulations as the Secretary of War may prescribe,

1See paragraph 1356, ante, or 32 Stat. 777.

of horses conforming to the Regular Army standards, said horses to remain the property of the United States and to be for the sole continuous use of the Field Artillery of the Organized Militia. Id.

1364c. Same-Secretary of War may issue condemned Army horses to. The Secretary of War may, under the provisions of this Act and such regulations as he may prescribe, issue to the Field Artillery organizations hereinbefore mentioned and without cost to the State condemned Army horses which are no longer fit for service but may still be suitable for purposes of instruction, the same to be sold as now provided by law when the latter purpose has been served. Id. 1072.

(See paragraphs 13641, 1364j, post.)

1364d. Field Artillery material for Organized Militia, accounting for. For the purpose of procuring Field Artillery material for the Organized Militia of the several States, Territories, and the District of Columbia, without cost to the said States, Territories, or the District of Columbia, but to remain the property of the United States and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regulations as he may prescribe, on the requisitions of the governors of the several States and Territories, or the commanding general of the Militia of the District of Columbia, to issue said Artillery material to the Organized Militia; and the sum of $1,000,000 is hereby appropriated and made immediately available and to remain available until the end of the fiscal year nineteen hundred and fifteen for the procurement and issue of the articles constituting the same. Act of Mar. 2, 1913 (37 Stat. 721).

1364e. Same. For the purpose of manufacturing Field Artillery material for the Organized Militia of the several States, Territories, and the District of Columbia, without cost to the said States, Territories, or the District of Columbia, but to remain the property of the United States and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regulations as he may prescribe, on the requisitions of the governors of the several States and Territories or the commanding general of the Militia of the District of Columbia, to issue said Artillery material to the Organized Militia; and the sum of $2,090,000 is hereby appropriated and made immediately available and to remain available until the end of the fiscal year nineteen hundred and seventeen, for the manufacture and issue of the articles constituting the same.

'See paragraph 1354, ante.

Provided, That not more than $170,000 of this appropriation may be used for the purchase of Field Artillery material. Act of Mar. 4, 1915 (38 Stat. 1083).

1364f. Field artillery material for the National Guard.-For the purpose of manufacturing field artillery material for the National Guard of the several States, Territories, and the District of Columbia, but to remain the property of the United States and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regulations as he may prescribe, on the requisitions of the governors of the several States and Territories or the commanding general of the National Guard of the District of Columbia, to issue said artillery material to the National Guard; and the sum of $10,000,000 is hereby appropriated and made immediately available and to remain available until the end of the fiscal year nineteen hundred and eighteen, for the manufacture and issue of the articles constituting the same: Provided, That not more than $5,000,000 of this appropriation may be used for the purchase of field artillery material. Act of Aug. 29, 1916 (39 Stat. 644).

1364g. Field artillery ammunition for the Organized Militia.For the purpose of manufacturing reserve ammunition for Field Artillery for the Organized Militia for the several States, Territories, and the District of Columbia, the funds to be immediately available and to remain available until the end of the fiscal year ending June thirtieth, nineteen hundred and seventeen, $2,900,000.

Provided, That not more than $100,000 of this appropriation may be used in the purchase of field artillery reserve ammunitions. Act of Mar. 4, 1915 (38 Stat. 1083).

1364h. Ammunition for Field Artillery for the National Guard.For the purpose of manufacturing reserve ammunition for Field Artillery for the National Guard of the several States, Territories, and the District of Columbia, the funds to be immediately available, and to remain available until the end of the fiscal year ending June thirtieth, nineteen hundred and eighteen, $10,000,000.

Provided, That not more than $5,000,000 of this appropriation may be used in the purchase of field artillery reserve ammunition. Act of Aug. 29, 1916 (39 Stat. 644).

13641. Funds allotted available for purchase of horses for Field Artillery and Cavalry.-Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of horses conforming to the Regular Army standards for the use of Field Artillery and Cavalry of the National Guard, said horses to remain the property of the United States and to be used solely for military purposes. Sec. 89, Act of June 3, 1916 (39 Stat. 205).

54208-18- -22

1364j. Same-Number to be issued to battery or troop, or issuance of condemned Army Horses in lieu of purchase.-Horses so purchased may be issued not to exceed thirty-two to any one battery or troop, under such regulations as the Secretary of War may prescribe, and the Secretary of War is further authorized to issue, in lieu of purchase, for the use of such organizations, condemned Army horses which are no longer fit for service, but which may be suitable for the purposes of instruction, such horses to be sold as now provided by law when said purposes shall have been served. Id.

(See paragraphs 1364a-1364c, ante.)

1364k. Same-Forage, bedding, shoeing, and care of, etc.-Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase and issue of forage, bedding, shoeing, and veterinary services, and supplies for the Government horses issued to any battery or troop, and for the compensation of competent help for the care of the material, animals, and equipment thereof, under such regulations as the Secretary of War may prescribe. Sec. 90, id.

13641. Same-Not to exceed five enlisted men for each battery or troop to be detailed for care of.-The men to be compensated, not to exceed five for each battery or troop, shall be duly enlisted therein and shall be detailed by the battery or troop commander, under such regulations as the Secretary of War may prescribe, and shall be paid by the United States disbursing officer in each State, Territory, and the District of Columbia.

Id.

1364m. Horses for Field Artillery, Cavalry, and other mounted units of National Guard.-To provide for the purchase, under such regulations as the Secretary of War may prescribe, of horses conforming to the Regular Army standards for the use of Field Artillery, Cavalry, signal companies, engineer companies, ambulance companies, and other mounted units of the National Guard, said horses to remain the property of the United States and to be used solely for military purposes. Horses so purchased may be issued not to exceed thirtytwo to any one battery, troop, or company, or four to a battalion or regimental headquarters, under such regulations as the Secretary of War may prescribe. Act of Aug. 29, 1916 (39 Stat. 645).

1364n. Compensation for care of material, animals, and equipment. To provide for the compensation of competent help for the care of matériel, animals, and equipment thereof, under such regulations as the Secretary of War may prescribe: Provided, That the men to be compensated, not to exceed five for each battery, troop, or company, shall be duly enlisted therein and shall be detailed by the battery, troop, or company commander under such regulations as the Secretary of War may prescribe, and shall be paid by the