Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. They shall continue to be borne on the Army Register, and shall be subject to the rules and articles of war, and to trial by general court-martial for any breach thereof. R. S. 1256; U. S. C. 10: 1023. Officers and men on the retired list were made subject to the Articles of War by art. 2 thereof, 359, post.

The pay and allowances of retired officers were prescribed by 1383, post.

Retired officers may be assigned to duty as provided in 208-224, post.

Retired officers are specifically excepted from the provision forbidding all persons holding an office, the salary or annual compensation attached to which amounts to $2,500, from holding any other lucrative office, contained in 1410, post.

See also 1385, 282, 174, 199, 215, 221, post.

Notes of Decisions

Effect of retirement.-An Army officer is not discharged from service by his retirement; nor is he out of the service thereby. U. S. v. Gillmore (C. C. 1911), 189 Fed. 761; Tyler v. U. S. (1880), 16 Ct. Cl. 223. See also notes to 324, post.

Officers on retired list.-Officers on the retired list are a part of the Army. U. S. v. Tyler (1881), 105 U. S. 244, 245; Wood v. U. S. (1882), 107 U. S. 414; Flower v. U. S. (1895), 31 Ct. Cl. 35. And no one can be placed upon the retired list who is not an officer appointed in the manner required by Const. art. 2, sec. 2, cl. 2. (1882), 107 U. S. 414.

Wood v. U. S.

Rights in general.-Persons who served during the Civil War in the Army of the United States as officers in the Volunteer

service, and have been honorably mustered
out of such service, are entitled to bear the
official title, and, upon occasions of cere-
mony, to wear the uniform of the highest
grade they have held in the Volunteer serv-
ice. (1897), 21 Op. Atty. Gen. 579.
Court-martial.-A retired officer is sub-
ject to trial by court-martial, and a court-
martial has jurisdiction of offenses com-
mitted after the officer was retired. Runkle
v. U. S. (1884), 19 Ct. Cl. 396.

Assignment of unearned retired pay.-The assignment of the unearned half pay of a retired Army officer will not be enforced, as against public policy; he being still subject to military orders, under this section. Schwenk v. Wyckoff (N. J. 1890), 20 Atl. 259.

103. Philippine Scouts; composition and organization.-That when in his opinion the conditions in the Philippine Islands justify such action the President is authorized to enlist natives of those islands for service in the Army,

The total number of enlisted men in said native organizations shall not exceed twelve thousand. Sec. 36, act of Feb. 2, 1901 (31 Stat. 757) ; U. 8. C.

10: 333.

*

The President is authorized to form the Philippine Scouts into such branches and tactical units as he may deem expedient, within the limit of strength prescribed by law, organized similarly to those of the Regular Army, the officers to be detailed from those authorized in section 4 hereof. Nothing in this act shall be construed to alter in any respect the present status of enlisted men of the Philippine Scouts. Sec. 22a, added to the act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 770); U. S. C. 10: 321.

By sec. 36, act of Feb. 2, 1901, it was provided that the pay and allowances of provisional officers of native organizations should be the same as for officers of like grade in the Regular Army.

See 1920, post, for saving clause as to Philippine Scouts.

For provision including officers of the Philippine Scouts in the reduced strength of commissioned personnel and for their place on the promotion list and promotion, see 11, ante; 107, 283, post.

104. Same; command when assisting constabulary.-That any companies of Philippine scouts ordered to assist the Philippine constabulary in the maintenance of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided: Provided, That when the Philippine scouts shall be ordered to assist the Philippine constabulary, said scouts shall not at any time be placed

under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary. Sec. 2, act of Jan. 30, 1903 (32 Stat. 783); U. S. C. 10: 335.

105. Philippine Scout officers; recommission.On July 1, 1920, all officers of the Philippine Scouts on the active list, who are citizens of the United States and are found qualified under such regulations as the President may prescribe, shall be recommissioned in some one of the branches provided for by this Act, and those not so recommissioned shall continue to serve under their commissions as officers of the Philippine Scouts. Sec. 22a, added to the

*

act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 770); U. S. C. 10: 324.

Frior to the above, officers for the Philippine Scouts were transferred from the line of the Army under the provisions of sec. 36, act of Feb. 2, 1901 (31 Stat. 757). See also 106, 107, post.

For authority to detail retired officers of the Philippine Scouts as instructors at educational institutions, see 215, post.

*

106. Same; appointment.-* No further appointments shall be made as officers of Philippine Scouts except of citizens of the Philippine Islands, who may be appointed in the grade of second lieutenant, under such regulations as the President may prescribe. *. Sec. 22a, added to act of June 3, 1916,

* *

by sec. 22, act of June 4, 1920 (41 Stat. 770); U. S. C. 10: 323. 107. Same; promotion and classification.-* Officers commissioned in the Philippine Scouts shall be subject to promotion, classification, and elimination, as hereinafter prescribed for officers of the Regular Army. Sec. 22a, added to the act of June 3, 1916, by sec. 22, act of June 4, 1920 (41 Stat. 770); U. S. C. 10: 326.

officers of the Philippine Scouts who shall continue to be carried on the promotion list and who shall be promoted to grades from first lieutenant to colonel, inclusive, in the same manner as prescribed by law for other officers on the promotion list: * W. D. appropriation act of June 30, 1922 (42

Stat. 722) ; U. S. C. 10: 482.

For credit to retired officers of the Philippine Scouts of service at educational institutions for longevity pay purposes, see 1408, post; for promotion, where service was performed prior to June 10, 1922, see 1392, post.

108. Same; concurrent commissions in drafted forces.-That officers of the Philippine Scouts be, and they hereby are, made eligible to appointment as officers in the militia or other locally created armed forces in the Philippine Islands which have been or shall bereafter be drafted into the service of the United States; and any such officer of the Philippine Scouts so appointed as an officer in said drafted forces shall not thereby vacate his commission in the Philippine Scouts, and in case his commission in said Philippine Scouts shall terminate while holding a commission in said drafted forces as aforesaid, he shall thereupon be eligible to reappointment as an officer of said Philippine Scouts notwithstanding his retention of a commission in said drafted forces. Sec. 1, act of March 30, 1918 (40 Stat. 500); U. S. C. 10: 322.

That in computing period of service for any purpose officers of the Philippine Scouts shall be credited with all time served as commissioned officers in the drafted forces mentioned in section one of this act. Sec. 2, act of March 30, 1918 (40 Stat. 501); U. S. C. 10: 325.

While probably intended as emergency legislation, the act from which this provision was taken was given permanent form.

109. Leader of the Army Band. That the Secretary of War is hereby authorized to appoint a warrant officer of the Regular Army leader of the Army Band,

who, while holding such appointment, shall receive, in lieu of any and all pay and allowances as warrant officer, the base pay and the allowances of a captain of the Regular Army in the third pay period and shall be entitled to longevity pay provided for an officer for each three years of service under such appointment plus any previous active commissioned service under a Federal appointment which the appointee may have had, but shall not be entitled to pass to a higher pay period. The leader of the Army Band may be relieved from his appointment as such and returned to his former status at the discre tion of the Secretary of War. Upon retirement he shall be retired as a warrant officer and shall receive the retired pay to which he would have been entitled had he not been appointed and received the pay and allowances of leader of the Army Band: Provided, That no back pay or allowances shall be allowed to the leader of the Army Band by reason of the passage of this Act: And provided further, That nothing contained in this act shall operate to increase the authorized number of commissioned officers or warrant officers of the Regular Army, nor to decrease the number of warrant officers authorized by law. Act of Mar. 3, 1925 (43 Stat. 1100); U. S. C. 10: 11.

The Army Band, now stationed at Washington Barracks, D. C., was not created by statute, but by Army orders, and is above first given statutory recognition.

For provision as to allowance for quarters and subsistence of members while sick in hospital or absent from permanent duty stations, see 1489, post.

110. Regular Army Reserve abolished. The Regular Army reserve is hereby abolished, and all members thereof shall be discharged from the obligations under which they are now serving. Sec. 30, act of June 3, 1916 (39 Stat. 187), as amended by sec. 30, act of June 4, 1920 (41 Stat. 775).

Authority for the establishment of the Army reserve was contained in sec. 2, Army appropriation act of Aug. 24, 1912 (37 Stat. 590), the provisions of which became effective Nov. 1, 1912. The authorized reserve was to consist of (1) soldiers furloughed to the reserve for the unexpired portions of 7-year terms of enlistment, either after four years' service with an organization of which they formed a part or, upon their application, after three years' service with an organization; and (2) those who enlisted or reenlisted in the reserve after having been honorably discharged from the Regular Army.

Various provisions of the act of June 3, 1916 (39 Stat. 166), found in secs. 27, 30, 31 (as amended by sec. 6, ch. 17, act of July 9, 1918, 40 Stat. 890) and 32, were designed to enable the War Department to keep in closer touch with the reservists by providing for their field training with pay and allowances, transportation and subsistence, authorizing pay at the rate of $2 per month at other times, and providing for the discharge of those physically unfit.

By the act of Aug. 24, 1912, above cited, the President was authorized, in the event of actual or threatened hostilities, to summon all furloughed soldiers belonging to the Army reserve to rejoin their respective organizations; by sec. 31, act of June 3, 1916, he was authorized to assign members of the Regular Army reserve as reserves to Regular Army organizations or to organize the reserve, or any part thereof, into units for detach. ments of any arm, corps, or department as he might prescribe.

For present Enlisted Reserve Corps, see 1340, 1362, post.

CHAPTER 2

ARMY PERSONNEL