all proceedings thereon to the Judge Advocate General of the Army for permanent file. [250.4, A. G. O.] By order of the Secretary of War: Official: John Biddle, Major General, Acting Chief of Staff. H. P. McCain, The Adjutant General. 2. EXECUTIVE ORDER, No. 2877 Whereas, in order to avoid confusion in policies, duplication of effort, and conflicting interpretations of the law, unity of control in the administration of the legal affairs of the Federal Government is obviously essential, and has been so recognized by the acts of Congress creating and regulating the Department of Justice; Now, therefore, I, Woodrow Wilson, President of the United States, by virtue of the authority vested in me as Chief Executive and by the act "authorizing the President to coordinate or consolidate executive bureaus, agencies and offices, and for other purposes, in the interest of economy and the more efficient concentration of the Government,” approved May 20, 1918, do hereby order that all law officers of the Government excepting those in the Philippine Islands, including all law officers attached to any executive bureau, agency or office specially created for the prosecution of the existing war, shall "exercise their functions under the supervision and control of the head of the Department of Justice," in like manner as is now provided by law with respect to the Solicitors for the principal Executive Departments and similar officers; that all litigation in which the United States or any Department, executive bureau, agency or office thereof, are engaged shall be conducted under the supervision and control of the head of the Department of Justice; and that any opinion or ruling by the Attorney General upon any question of law arising in any Department, executive bureau, agency or office shall be treated as binding upon all departments, bureaus, agencies or offices therewith concerned. This order shall not be construed as affecting the jurisdiction exercised under authority of existing law by the Comptroller of the Treasury and the Judge Advocates General of the Army and Navy. The White House, 31 May, 1918. 3. GENERAL ORDERS No. 47 Woodrow Wilson. War Department, Washington, May 11, 1918. V-1. Revised Statutes 3744 to 3747 provide as follows: "Sec. 3744. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof; a copy of which shall be filed by the officer making and signing the contract in the Returns Of fice of the Department of the Interior, as soon after the contract, is made as possible, and within thirty days, together with all bids, offers and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, according to the number of papers composing the whole return. (See Secs. 512-515.) "Sec. 3745. It shall be the further duty of the officer, before making his return, according to the preceding section, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: 'I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with ———————; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said or any other person; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided.' "Sec. 3746. Every officer who makes any contract, and fails or neglects to make return of the same, according to the provisions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred, and imprisoned not more than six months. "Sec. 3747. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer, under the two preceding sections, and also to furnish therewith forms, printed in blank of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible." Extract from Chapter 29, 1st Session, 1917, June 15, 1917 (House Resolution 3971, Statutes 1917, p. 198): "Sec. 3744, Revised Statutes, is hereby amended by adding the following at the end of the last sentence: "Provided, That the Secretary of War or Secretary of the Navy may extend the time for filing such contracts in the Returns Office of the Department of the Interior to 90 days whenever in their opinion it would be to the interest of the United States to follow such a course." 2. Numerous failures on the part of contracting officers of the War Department to comply with the provisions of these statutes have been brought to the attention of the department. The chiefs of the several supply bureaus will insure a precise and immediate compliance with these statutes. All contracting officers of the War Department will familiarize themselves with these statutes and comply accurately with their provisions. [160.14, A. G. O.] By order of the Secretary of War: Official: Peyton C. March, Major General, Acting Chief of Staff, H. P. McCain, The Adjutant General. 4. GENERAL ORDERS, No. 50 War Department, Washington, May 20, 1918. IV-Section II, General Orders, No. 68, War Department, 1917, is rescinded, and the following is substituted therefor: The following act of Congress and the regulations for carrying the same into effect are published to the Army for the information and guidance of all concerned: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section ten of chapter two of an act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, be amended so as to read as follows: "Sec. 10. Whoever, within the territory or jurisdiction of the United States, enlists or enters himself, or hires or retains another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, State, colony, district, or people as a soldier or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer shall be fined not more than $1,000 and imprisoned not more than three years: Provided, That this section shall not apply to citizens or subjects of any country engaged in war with a country with which the United States is at war, unless such citizens or subjects of such foreign country shall hire or solicit a citizen of the United States to enlist or go beyond the jurisdiction of the United States with intent to enlist or enter the service of a foreign country. Enlistments under this proviso shall be under regulations prescribed by the Secretary of War. "Approved May 7, 1917." 1. Within the territory or jurisdiction of the United States the enlistment in the service of any country which is engaged in war with a country with which the United States is at war of persons other than citizens of the United States may be made under the following conditions and under such conditions only: a. Request for authority to make such enlistments will be made to the Secretary of War by a duly authorized officer or agent of the country concerned, who must also be a citizen or subject of said country, individually accredited by the Government which he repre sents. b. Upon approval of request to make enlistments for service in the Army of the Government which he represents, the duly authorized officer or agent accredited, as indicated in subparagraph a hereof, and the assistants appointed or employed by such duly authorized officer or agent may, subject to the conditions imposed by the laws of his own country, and to the exceptions noted below, accept for enlistment and cause to be forwarded to suitable rendezvous within or without the jurisdiction of the United States, any persons, other than citizens of the United States, enlisted or accepted for enlistment for service in the Army of the Government which he repre sents. Except in the following cases, no person registered or subject to registration under the selective service act may enlist or be recruited in the military forces of cobelligerents of the United States: Upon presentation by a registrant to a recruiting officer of a cobelligerent of the United States, of a certificate of final classification of his local board (Form 1007, P. M. G. O.) showing that he has been placed in Class V (e) on the ground that he is an alien enemy, or in Class V (f) on the ground that he is a resident alien who has not declared his intention to become a citizen of the United States, he may enlist in the military forces of a cobelligerent of the United States. Upon presentation by a registrant to a recruiting officer of a cobelligerent of the United States, of a certificate of his local board that he has been found by the local board not to be a citizen of the United States and not to have declared his intention to become a citizen of the United States; that he has expressly waived classification in Class V on the ground of alienage; and that the local board has placed him in Class II, III, or IV, he may enlist in the military forces of a cobelligerent of the United States. Form 1007, P. M. G. O., may not be used in this case, but the local board shall prepare a special certificate. Immediately upon the enlistment of a registrant under the exceptions above noted, the recruiting officer shall forward to the local board a certificate that the registrant has enlisted in the military service of the country which the recruiting officer represents. The local board shall, upon receipt of such certificate of the recruiting officer, place in Class V (f) any registrant who has enlisted under the provisions of the subparagraph immediately preceding. c. The rendezvous within the jurisdiction of the United States, herein referred to, shall in no wise be understood to be military camps, but shall be places of assembly, at which individuals so enlisted shall be free from the military control of those making such enlistments. The number and location of all such rendezvous shall be strictly within the regulatory powers of the Secretary of War and shall be designated as places of assembly only upon the approval of the Secretary of War to whom application for the establishment of such rendezvous shall be made. d. As far as practicable and convenient the forwarding of those enlisted or accepted for enlistment will be accomplished by the officer or agent duly accredited for the purpose of making such enlistments or by the usual official establishments-embassies, legations, consulates, and the like-maintained in the United States by the country in question. 2. As may be directed by the Secretary of War, the military administrative machinery and officials of the United States, especially the general recruiting service and the depot or other quartermasters of the United States Army, may render such assistance as may be practicable in arranging for the subsistence, lodging, and transportation to a rendezvous selected by the duly accredited officer or agent of the designated country, of those enlisted or applying for enlist MIL.L.-39 ment in the service thereof and who may be reported as qualified physically and otherwise for the service desired. 3. Any measures taken by officers or agents of the United States to facilitate this recruiting, as indicated in the preceding paragraph, must be without ultimate expense to the United States. 4. In no case shall anything herein contained be so construed as to justify the enlistment for service in any foreign army of a citizen of the United States. [336.2, A. G. O.] By order of the Secretary of War: Official: Peyton C. March, Major General, Acting Chief of Staff. H. P. McCain, The Adjutant General. 5. GENERAL ORDERS, No. 66 [As Amended by Section IV, General Orders, No. 83, War Department, Sept. 10, 1918.] War Department, Washington, July 12, 1918. IV-Section XII, General Orders, No. 27, War Department, 1918, is amended to read as follows: 1. The enlisted personnel for the Judge Advocate General's Department, authorized for the period of the existing emergency by the President under authority of the proviso of section 2 of the National Army act approved May 18, 1917, shall consist of such numbers and grades as may from time to time be authorized by the Secretary of War, and their pay and allowances shall be the same as those now prescribed for similarly described grades in the Infantry. 2. Regimental sergeants major and battalion sergeants major, Judge Advocate General's Department, will be appointed by the Judge Advocate General upon the recommendations of the judge advocate under whom they are to serve, approved by the commanding officer of the organizations or commands to which such judge advocates are assigned. Sergeants, corporals, and privates, first class, will be appointed by the commanding officers of the organizations or commands. for which they are authorized, upon the recommendation of the judge advocates of such organizations or commands. Regimental sergeants major and battalion sergeants major, Judge Advocate General's Department, though liable to discharge for inefficiency or for misconduct, will not be reduced except by sentence. of a court-martial or by order of the Judge Advocate General based upon a recommendation of the judge advocate under whom they are serving. Sergeants, corporals, and privates, first class, Judge Advocate General's Department, may be reduced by sentence of a courtmartial, by order of the Judge Advocate General, based upon the recommendations of the judge advocate under whom they are serving or by the commander of the organization or command, upon the recommendation of the judge advocate of such organization or command. 3. The enlisted personnel of the Judge Advocate General's Department may be appointed from the line of the Army or may be ob |