Same-All courts-martial may impose confinement in lieu of authorized fines_____. Transfer of officers to National Guard Reserve on their application or when rendered surplus by disbandment of their organizations 13441 Support of dependent families. 1347a1347e 1343e Applies to families of members War to be final in all cases. 1347b Same-Not applicable where soldier marries after certain date; family defined _____. 1347c Same-Amendment of provision SO as to cover enlistments the President, etc‒‒‒‒‒‒‒‒‒‒ 1347d Same-Appropriation for continuation of, under same conditions as original appropriation Support of dependent families, time limit for filing application for Men enlisted to bring organiza- 1347c 1347f 1349a 1349b 1354a Noncompliance with this act by any State or Territory debars it from pecuniary benefit, etc. 1351h Purchase from War Department of articles issued by its supply departments to Army. Same Purchase of stores, supplies, material of war, and military publications----- 1354b Secretary of War to submit annual estimates of amount necessary for‒‒‒ Appropriation for arms, equipment, stores, supplies, etc., and such other expenses as may be authorized by law. 1355b Appropriation for arms, uniforms, equipment, etc., for National Guard___ 1355a 1355c Par. Same-Report to serve as basis for issue and retention of military property, and for determining what organizations, etc., constitute part of National Guard____. Inspector of small-arms practice, National Guard, etc., in Federal service‒‒‒‒‒‒‒‒‒‒‒‒‒ 1357a Cost of ordnance issued to mili tia to be credited to appropriation 1356b 1358a Supply of arms and equipment_ 1358b Disposition and replacement of Arms, equipment, and uniform 1359a 1359b 1359c 1359d 1359e 1361a 1361b Field Artillery, Organized Militia, horses for, care of same, 1356a 1321a. Word Territory defined. The word Territory as used in this Act and in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal Zone, and the militia of the Canal Zone shall be organized under such rules and regulations, not in conflict with the provisions of this Act, as the President may prescribe. Sec. 62, Act of June 3, 1916 (39 Stat. 198). (For the provisions of this section preceding this paragraph see paragraphs 1325e, 1325f, 1325g, and 1325h; see, also, paragraphs 1376 and 1377.) 1322a. Composition of.-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, id. 197. 1322b. Composition of the National Guard.-The National Guard Shall consist of the regularly enlisted militia between the ages of eighteen and forty-five years organized, armed, and equipped as here inafter provided, and of commissioned officers between the ages of twenty-one and sixty-four years. Sec. 58 id. 1322c. Provisions of Act applicable to land forces only.-The provisions of this Act in respect to the militia shall be applicable only to militia organized as a land force and not to the Naval Militia, which shall consist of such part of the militia as may be prescribed by the President for each State, Territory, or District. Sec. 117, id. 212. 1322d. Same-Any State or Territory maintaining Naval Militia may have credit to number of on its quota.-Each State, Territory, or District maintaining a Naval Militia as herein prescribed may be credited to the extent of the number thereof in the quota that would otherwise be required by section sixty-two of this Act. Id. 1323a. Exemptions from militia duty, and exemption as combatants.-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 Held, that this provision is controlling and limits the ages for qualification as therein specified, and that the provisions in section 27 relating to the ages for enlistment or muster in have no application to the National Guard. (War Dept. Bull. 28. Aug. 18, 1916) Hackenberg, a native of Austria, who came to the United States in June, 1914, enlisted in June, 1915, in the National Guard of Ohio, declaring himself to be 21 years of age. On July 2, 1916, he took the Federal enlistment oath prescribed by section 70 of the national-defense act, after his company and regiment had responded to the mobilization order of the President for service on the Mexican border. He was mustered out of the Federal service on March 2, 1917. On July 10, 1917, he was called into Federal service, pursuant to the second paragraph of the selective draft act of May 18, 1917, and reported for duty. On July 30 he was placed under arrest, and on August 3 the charge of violating the fifty-fourth article of war by fraudulently enlisting was placed against him. Hackenberg was 18 years of age when he enlisted; his widowed mother, who was in Austria at the time, knew nothing thereof, and is dependent upon him for support. On his behalf one Dostal made application for a writ of habeas corpus. Respondent's answer and the testimony given at the hearing developed the above facts. The court, in dismissing the petition, held as shown in the following headnotes: "As national-defense act, June 3, 1916, permits the enlisting of a minor over the age of 18 without the written consent of his parent or guardian, where one over 18 and under 21, who had enlisted prior to the passage of that act, subsequently took the Federal enlistment oath prescribed by section 70 thereof, the defects in his original enlistment were immaterial, and any right of the parent or guardian to reclaim his custody or control was extinguished. "An atien, offering to enlist and accepted as a soldier, can not avoid his contract of enlistment, and thereby escape liability for service or to punishment, especially as Compiled Statutes, 1916, section 1888, providing that no person who is not a citizen, or who has not made a legal declaration of his intention to become a citizen, shall be enlisted for a first enlistment, is limited to enlistments in time of peace. "There is nothing in the treaty between the United States and the Government of Austro-Hungary invalidating an enlistment by a native of Austria. “National-defense act, section 58 (Comp. St. 1915, sec. 3044), provides that the National Guard shall consist of the regularly enlisted militia, etc. Section 70 provides that enlisted men in the National Guard, whose enlistment contracts contain an obligation to defend the Constitution of the United States and obey the orders of the President, shall be recognized as members thereof, and that |