sec. 2, act of Mar. 4, 1915 (38 Stat. 1084), amending chap. 6, Title XIV, Revised Statutes. 533. Disciplinary organizations, etc.-The Secretary of War shall provide for placing under military training those offenders sent to the United States Disciplinary Barracks for confinement and detention therein whose record and conduct are such as to warrant the belief that upon the completion of a course of military training they may be worthy of an honorable restoration to duty or of being permitted to reenlist; may provide for the organization of offenders so placed under military training into disciplinary companies and higher units, organized as infantry, with noncommissioned officers, except color sergeants, selected or appointed from the enlisted men assigned to duty for that purpose pursuant to the provisions of paragraph four hereof; and may provide for uniforming, arming, and equipping such organizations. Par. 6, sec. 2, act of Mar. 4, 1915 (38 Stat. 1085), amending chap. 6, Title XIV, Revised Statutes. But see 2995, post. 534. Pardon of military prisoners.-Whenever he shall deem such action merited the Secretary of War may remit the unexecuted portions of the sentences of offenders sent to the United States Disciplinary Barracks for confinement and detention therein and in addition to such remission may grant those who have not been discharged from the Army an honorable restoration to duty, and may authorize the reenlistment of those who have been discharged or upon their written application to that end order their restoration to the Army to complete their respective terms of enlistment, and such application and order of restoration shall be effective to revive the enlistment contract for a period equal to the one not served under said contract. Par. 7, sec. 2, act of Mar. 4, 1915 (38 Stat. 1085), amending chap. 6, Title XIV, Revised Statutes. 535. Parole of general prisoners.- ** # * Provided further, That the authority now vested in the Secretary of War to give an honorable restoration to duty, in case the same is merited, to general prisoners confined in the United States disciplinary barracks and its branches shall be extended so that such restoration may be given to general prisoners confined elsewhere, and the Secretary of War shall be, and he is hereby, authorized to establish a system of parole for prisoners confined in said barracks and its branches, the terms and conditions of such parole to be such as the Secretary of War may prescribe. Act of Mar. 4, 1915 (38 Stat. 1074), making appropriations for the support of the Army. Notes of Decisions. sented to by him. In re Feinler (Sup. Ct., D. C., 1921), 49 Wash. L. R. 147. Habeas corpus.-Quacre, whether a writ of habeas corpus lies when petitioner had been paroled upon conditions expressly as536. Donation to a dishonorably discharged prisoner.-* * * for a donation of $10 to each dishonorably discharged prisoner upon his release from confinement under court-martial sentence, involving dishonorable discharge; *. Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army; Quartermaster Corps, Incidental expenses, Similar provisions appear in previous appropriation acts. * for a suit of citl 537. Clothing supplied to prisoners at discharge.—* zen's outer clothing, to cost not exceeding $40, to be issued to each soldier discharged otherwise than honorably; to each enlisted man convicted by civil court for an offense resulting in confinement in a penitentiary or other civil prison; and to each enlisted man ordered interned by reason of the fact that he is an alien enemy, or, for the same reason, discharged without internment; * * * Act of June 5, 1920 (41 Stat. 961), making appropriations for the support of the Army: Clothing, camp and garrison equipage. Similar provisions appear in previous appropriation acts. R. S. 1355 provided that every prisoner, upon being discharged from prison, shall be furnished with decent clothing. This section was superseded by sec. 2, act of Mar. 4, 1915 (38 Stat. 1084). 538. Transportation of discharged prisoners. That every prisoner when discharged from the jail and prison shall be furnished with transportation to the place of his residence within the United States at the time of his commitment under sentence of the court, and if the term of his imprisonment shall have been for one year or more, he shall also be furnished with suitable clothing, the cost not to exceed twelve dollars, and five dollars in money. Sec. 6, act of Mar. 3, 1891 (26 Stat. 840). * for travel allowance to discharged prisoners and persons discharged from the Government Hospital for the Insane after transfer thereto from such barracks or place to their homes (or elsewhere as they may elect), provided the cost in each case shall not be greater than to the place of last enlistment; * Act of June 5, 1920 (41 Stat. 959), making appropriations for the support of the Army: Transportation. 539. Manufacture of military supplies by prisoners.-Support and improvement of the Leavenworth military prison ** Provided, That the Secretary of War shall cause to be fabricated at the said prison such supplies for the Army as can be economically and properly manufactured at the said prison. Act of Mar. 3, 1879 (20 Stat. 389), making appropriations for sundry civil expenses. The military prison was to be known as the United States Disciplinary Barracks by act Mar. 4, 1915, sec. 2, ante, 525. The employment of prisoners at hard labor was authorized by act Mar. 4, 1915, sec. 2, ante, 531. The manufacture of cotton fabrics to supply the requirements of the War Department and other needs of the Government was authorized to be carried on in the penitentiary at Atlanta, Ga., by act of July 10, 1918 (40 Stat. 896). The Inspector General's Department had existed during the War of the Revolution, the office of inspector general having been held by Baron Steuben, whose appointment was approved by Congress in a resolution dated May 25, 1778. During the incumbency of Baron Steuben a system of drill regulations was introduced, which continued in use until replaced, in part, by the system prepared by Col. Alexander Smyth in 1810. and was finally superseded by the drill regulations prepared by Maj. Gen. Scott in 1821. On June 25, 1788, in conformity to a resolution of Congress of that date, the Department ceased to exist, and the inspection of the troops was conducted for a time by officers of the line detailed for the purpose. By sec. 4 of the act of Apr. 30, 1790 (1 Stat. 119), the appointment of one inspector was authorized for the establishment created by that enactment. The act of Mar. 5, 1792 (id. 241), merged the duties of the Adjutant and Inspector General's Departments and made provision for an adjutant who was to do the duty of an inspector; sec. 3 of the act of May 30, 1796 (id. 483), made similar provision for an inspector who was to do the duty of an adjutant. The acts of Mar. 3, 1797 (id. 507), and May 22, 1798 (id. 557), authorized the detail of an officer of the line to perform the duties of inspector general. Sec. 6 of the act of May 28, 1798 (id. 559), passed in contemplation of war with France, authorized the appointment of an inspector general with the rank of major general, and on July 18, 1798, Gen. Alexander Hamilton was appointed to the vacancy. The temporary military establishment thus authorized, which was never fully completed, was disbanded by the acts of Feb. 20, 1800 (2 id. 7), and May 14, 1800 (id. 85), and the duties of the department were again performed by detail until the office of inspector was created by sec. 4 of the act of Mar. 16, 1802 (id. 132); by sec. 3 of the act of Apr. 12, 1808 (id. 481), two brigade inspectors were authorized to be detailed from the line with increased rank; by the act of Dec. 24, 1811 (id. 669), the office of inspector general (brigadier general) was created and two assistants (lieutenant colonels) were authorized; the duties of the department were defined in regulations approved by the Secretary of War on November 4, 1812. By the act of Mar. 3, 1813 (id. 819), the Adjutant and Inspector General's Departments were again merged. The act of Mar. 3, 1815 (3 id. 224), fixing the peace establishment, made no express provision for these departments, By sec. their duties being performed by officers temporarily detailed for the purpose. 10 of the act of Apr. 24, 1816 (id. 297), however, the temporary establishment which had existed since 1815 was made permanent. Provision was also made for an Adjutant and Inspector General of the Army, together with an inspector general to each division and an assistant to each brigade, which were to be filled by detail of officers from the line. At the general reduction of 1821 the Inspector General's Department was recognized and continued by sec. 6 of the act of Mar. 2, 1821 (id. 615), its composition being fixed at two inspectors general with the rank and pay of colonels of Cavalry. By sec. 4 of the act of Aug. 23, 1842 (5 id. 512), the department was reduced to one officer; the disbanded officer was restored, however, by the act of June 12, 1846 (9 id. 2), and the composition of the department, as thus established, underwent no change until the outbreak of the War of the Rebellion. By sec. 2 of the act of Aug. 3, 1861 (12 id. 287), 5 majors were added to the department; by sec. 4 of the act of Aug. 6, 1861 (id. 318), 2 colonels were authorized; and provision for the inspection service of the armies in the field was made by sec. 10 of the act of July 17, 1862 (id. 299), which authorized the rank and pay of lieutenant colonel of Cavalry to be conferred upon the Inspector General of Army corps. By sec. 11 of the act of July 28, 1866 (14 id. 334), the composition of the department was fixed as follows: Four colonels, 3 lieutenant colonels, and 2 majors. Sec. 6 of the act of Mar. 3, 1869 (15 id. 318), contained the requirement that there should be no promotions or appointments in the staff until otherwise directed by law; by the acts of June 8, 1872 (17 id. 338), and June 16, 1874 (18 id. 77), promotions were authorized to correct inequalities in the rank of officers of the department. By the act of June 23, 1874 (id. 244), the restriction contained in the act of Mar. 3, 1869, was removed and the strength of the department fixed at 1 inspector general with the rank of colonel, 2 inspectors general with the rank of lieutenant colonel, and 2 inspectors general with the rank of major; authority was also conferred for the detail of 4 officers from the line of the Army for service as assistant inspectors general, who were to receive the mounted pay of their grades, and no appointments were to be made to the grade of major until the number of officers in the department had been reduced to 5. By the act of Dec. 12, 1878 (20 id. 257), the rank of brigadier general was conferred upon the senior inspector general. (See (1881) 17 Op. Atty. Gen. 2.) By the act of Feb. 5, 1885 (22 id. 297), the composition of the department was fixed as follows: One inspector general (brigadier general), 2 colonels, 2 lieutenant colonels, and 2 majors. It was also provided that the inspector general should be selected from the officers of the corps, that promotions should be by seniority in the department, and that appointments to the grade of major should be made from the captains in the line of the Army. A temporary increase in the department was authorized by act July 7, 1898 (30 Stat. 720); and it was continued as then constituted by act Mar. 2, 1899, sec. 6 (30 Stat. 979). All these provisions were superseded by a provision in act Feb. 2, 1901, sec. 14 (31 Stat. 751), which was superseded by sec. 7, act of June 3, 1916 (39 Stat. 169), providing that the department should consist of 1 inspector general (brigadier general), 4 inspectors general with the rank of colonel, 8 inspectors general with the rank of lieutenant colonel, and 16 inspectors general with the rank of major. This act was in turn superseded by sec. 7, act of June 4, 1920, post, 540. Changes in the number of officers of certain grades in the department, to take effect on the occurrence of a vacancy in the grade of colonel, are provided for by a clause of act Mar. 2, 1901 (31 Stat. 899), which was also superseded by said sec. 7, act of June 3, 1916. Appointments and promotions in the department, other than to fill vacancies provided for by this section, were regulated by sec. 26 of this act. Appointments from officers of volunteers to fill original vacancies in the department were authorized by a provision of act Mar. 2, 1901 (31 Stat. 900), omitted as temporary merely. An expert accountant for the department was authorized by act Feb. 24, 1891 (26 Stat. 773). 540. Composition. The Inspector General's Department shall consist of one Inspector General with the rank of major general and sixty-one officers in grades from colonel to captain, inclusive. Sec. 7, act of June 3, 1916 (39 Stat. 169), amended by sec. 7, act of June 4, 1920 (41 Stat. 765). 541. Acting inspectors general. * ** and the Secretary of War may, in addition, detail officers of the line, not to exceed four, to act as assistant inspector-general: Provided, That officers of the line detailed as acting inspectors-general shall have all the allowances of Cavalry officers of their respective grades; Sec. 1, act of June 23, 1874 (18 Stat. 244). Other provisions of this section were superseded by those of subsequent acts relating to the department. See historical note, ante. But see 2335, post. 542. Expert accountant.-For pay of expert accountant for the Inspector General's Department, $2,500. Act of June 5, 1920 (41 Stat. 956), making appropriations for the support of the Army: Pay and so forth of the Army. Similar provisions appear in previous appropriation acts. |