1657. Registration of temporary absentees.-In the case of temporary absence from actual place of legal residence of any person liable to registration as provided herein such registration may be made by mail under regulations to be prescribed by the President. Id. 1658. Services of all departments and officers of United States, States, etc., may be utilized.-The President is hereby authorized to utilize the service of any or all departments and any or all officers or agents of the United States and of the several States, Territories, and the District of Columbia, and subdivisions thereof, in the execution of this Act, and all officers and agents of the United States and of the several States, Territories, and subdivisions thereof, and of the District of Columbia, and all persons designated or appointed under regulations prescribed by the President whether such appointments are made by the President himself or by the governor or other officer of any State or Territory to perform any duty in the execution of this Act, are hereby required to perform such duty as the President shall order or direct, and all such officers and agents and persons so designated or appointed shall hereby have full authority for all acts done by them in the execution of this Act by the direction of the President.-Sec. 6, id. 1659. Use of penalty envelopes for correspondence.--Correspondence in the execution of this Act may be carried in penalty envelopes bearing the frank of the War Department. Id., 81. 1660. Failure or neglect to perform required duties, false registration, etc., punishment.-Any person charged as herein provided with the duty of carrying into effect any of the provisions of this Act or the regulations made or directions given thereunder who shall fail or neglect to perform such duty; and any person charged with such duty or having and exercising any authority under said Act, regulations, or directions, who shall knowingly make or be a party to the making of any false or incorrect registration, physical examination, exemption, enlistment, enrollment, or muster; and any person who shall make or be a party to the making of any false statement or certificate as to the fitness or liability of himself or any other person for service under the provisions of this Act, or regulations made by the President thereunder, or otherwise evades or aids another to evade the requirements of this Act or of said regulations, or who, in any manner, shall fail or neglect fully to perform any duty re 1 Sailors in the merchant marine, who, because of failure to report to their local boards under the Selective Service Regulations, have been delivered at the several cantonments charged with desertion, are drafted into the military service of the United States for military and not civil service. Consequently there is no method by which such men can be transferred to duty in the transport service of the United States, unless that service be operated by the military authorities. (Dig. Opin. J. A. G., January, 1918.) quired of him in the execution of this Act, shall, if not subject to military law, be guilty of a misdemeanor, and upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprisonment for not more than one year, or, if subject to military law, shall be tried by court-martial and suffer such punishment as a court-martial may direct. Id. 1661. Qualifications and conditions for voluntary enlistment.-The qualifications and conditions for voluntary enlistment as herein provided shall be the same as those prescribed by existing law for enlistments in the Regular Army, except that recruits must be between the ages of eighteen and forty years, both inclusive, at the time of their enlistment; and such enlistments shall be for the period of the emergency unless sooner discharged.-Sec. 7, id. (For the ensuing provision of this section see paragraph 1031h, ante; and for voluntary enlistment or draft of men necessary to complete and maintain the Regular Army and drafted National Guard organizations at maximum legal strength, and the voluntary enlistment or draft of special and technical troops see paragraphs 1637 and 1641, ante.) 1662. Grouping of enlisted or drafted units.--All persons enlisted or drafted under any of the provisions of this Act shall as far as practicable be grouped into units by States and the political subdivisions of the same. Id. (For the preceding provisions of this section see par. 1031h, ante; and for ensuing provision see par. 1031h.) 1663. Temporary appointment of general officers.—The President, by and with the advice and consent of the Senate, is authorized to appoint for the period of the existing emergency such general officers of appropriate grades as may be necessary for duty with brigades, divisions, and higher units in which the forces provided for herein may be organized by the President, and general officers of appropriate grade for the several Coast Artillery districts. Sec. 8, id. (For section three, act of October 6, 1917, authorizing the temporary appointment of generals and lieutenant generals, and designating the number, pay, and allowances, etc., of same, see paragraphs 350d and 350e, ante.) 1663a. Same-Selection of appointees.-In so far as such appointments may be made from any of the forces herein provided for, the appointees may be selected irrespective of the grades held by them in such forces. Id. 1664. Same-Vacancies in Regular Army resulting from such appointments.-Vacancies in all grades in the Regular Army resulting from the appointment of officers thereof to higher grades in the forces other than the Regular Army herein provided for shall be filled by temporary promotions and appointments in the manner prescribed for filling temporary vacancies by section one hundred and fourteen of the national defense Act approved June third, nineteen hundred and sixteen; and officers appointed under the provisions of this Act to higher grades in the forces other than the Regular Army herein provided for shall not vacate their permanent commissions nor be prejudiced in their relative or lineal standing in the Regular Army. Id. 1665. Period of appointments authorized by sections 1 and 8.-The appointments authorized and made as provided by the second, third, fourth, fifth, sixth, and seventh paragraphs of section one and by section eight of this Act, and the temporary appointments in the Regular Army authorized by the first paragraph of section one of this Act, shall be for the period of the emergency, unless sooner terminated by discharge or otherwise. Sec. 9, id., 82. 1666. Discharge of appointed officers; military boards to report upon capacity, qualifications, conduct, and efficiency of officers.-The President is hereby authorized to discharge any officer from the office held by him under such appointment for any cause which, in the judgment of the President, would promote the public service; and the general commanding any division and higher tactical organization or territorial department is authorized to appoint from time to time military boards of not less than three nor more than five officers of the forces herein provided for to examine into and report upon the capacity, qualification, conduct, and efficiency of any commissioned officer within his command other than officers of the Regular Army holding permanent or provisional commissions therein. 1 Id. 1 An acceptance of a Regular Army commission, whether permanent or temporary, in a lower grade than that held by an officer of the Regular Army in the temporary forces does not affect the status of the officer in the temporary forces, for the act of May 18, 1917, provides that officers of the Regular Army appointed to higher grades in such temporary forces shall not vacate their permanent commissions nor be prejudiced in their relative or lineal standing in the Regular Army. (War Dept. Bul. 75, Dec. 31, 1917.) 2 Upon the draft of the National Guard into the Federal service officers thereof became officers of the United States Army and can thereafter be dis charged only under section 9 of the act of May 18, 1917. Paragraph 19, Special Regulations 55, War Department, 1917, does not apply. (War Dept. Bull. 67, Nov. 30. 1917.) An efficiency board convened pursuant to section 77 of the national defense act completed its action prior to August 5, 1917, recommending the discharge of certain officers of the Illinois National Guard, but no order was issued thereon until after the draft of said officers on August 5, 1917. Held, That no valid order could be issued thereon, and that said officers may be discharged from service only under section 9 of the selective-draft act. The discharge may be made by the President for any cause which, in his judgment, would promote the public service; or it may be made by the President after determination by a board of officers that the officers in question are unfit. (War Dept. Bull. 75, Dec. 31, 1917.) Under section 9 of the act of May 18, 1917, boards appointed to examine into and report upon the capacity, qualification, conduct, and efficiency of any commissioned officer other than officers of the Regular Army may be appointed by the general commanding any division or higher tactical organization or territorial department. If such a board finds adversely to the continuance in the service of any such officer, its finding must be transmitted to the President for his approval. To enable the President to perform intelligently his function in connection with such finding, the same should be accompanied by a stenographic report of the whole proceedings, or, if that be impracticable, by a résumé of the evidence submitted to the board sufliciently full to show the character of the testimony on which such finding is based.) Dig. Opin. J. A. G., March, 1918.) 1667. Rank of members of boards, and approval of report of by President. Each member of such board shall be superior in rank to the officer whose qualifications are to be inquired into, and if the report of such board be adverse to the continuance of any such officer and be approved by the President, such officer shall be discharged from the service at the discretion of the President with one month's pay and allowances. Id. 1668. Pay, allowances, etc., of officers and enlisted men.-All officers and enlisted men of the forces herein provided for other than the Regular Army shall be in all respects on the same footing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades and length of service in the Regular Army. Sec. 10, id. (For the ensuing provisions of this section see paragraphs 695b and 695c, ante.) 1639. Repealing clause.-All laws and parts of laws in conflict with the provisions of this Act are hereby suspended during the period of this emergency. Sec. 14, id. (For sections 11, 12, and 13 of this act see paragraphs 938ļa, 1295a–1295f, ante.) 'Drafted men who are exempted after their arrival at the mobilization camp are entitled to receive pay for the time spent after their order to the camp until their discharge and, in addition thereto, an amount equal to 3 cents per mile from the mobilization camp to the place from which they were ordered to said camp. (War Dept. Bull. 67, Nov. 30, 1917.) CHAPTER XLIII. FOREIGN RELATIONS.1 Par. Par. Same-Conspiracy to injure or Application for, contents, fees. 1675 plication for; use, etc., of DISTURBANCE OF FOREIGN RELATIONS. 1677 1678 1670. Untrue statements, etc., to influence conduct of foreign government, etc., to injury of United States, etc., punishment.-Whoever, in relation to any dispute or controversy between a foreign government and the United States, shall willfully and knowingly make any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the Government of the United States, or See also chapter entitled "Public Property," Espionage; and chapter entitled " The Employment of Military Force" Neutrality and Trading With the Enemy. |