That when, from illness or other cause, the Secretary of War is temporarily absent from the War Department, he may authorize the chief clerk of the department to sign requisitions upon the Treasury Department, and other papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War himself. Act of Mar. 4, 1874 (18 Stat. 19); U. S. C. 5: 187. Provisions applicable to all the departments, relating to the duties of chief clerks were made by R. S. 173, 174, ante, 629. See also R. S. 177, ante, 868. The appropriation act of Mar. 3, 1917 (39 Stat. 1094), and subsequent appropriation acts, refer to the incumbent of the office created by this section as "assistant and chief clerk." Notes of Decisions Effect of creation of office of Assistant Secretary. This act was not wholly superseded by act of Mar. 5, 1890, which provided for an Assistant Secretary of War, authorized by law to perform the duties of the Secretary during his temporary absence; and during the temporary absence from the department of both the Secretary and the assistant, the Secretary is empowered to authorize the chief clerk to sign requisitions, etc., this act being still in force, at least within the limited scope stated. (1903) 24 Op. Atty. Gen. 646. 900. War Council.-The Secretary of War, the Assistant Secretary of War, the General of the Army, and the Chief of Staff shall constitute the War Council of the War Department, which council shall from time to time meet and consider policies affecting both the military and munitions problems of the War Department. Such questions shall be presented to the Secretary of War in the War Council, and his decision with reference to such questions of policy, after consideration of the recommendations thereon by the several members of the War Council, shall constitute the policy of the War Department with reference thereto. Sec. 5b, added to the act of June 3, 1916, by sec. 5, act of June 4, 1920 (41 Stat. 765); U. S. C. 5: 184. 901. Medal of honor; establishment.—For three thousand medals of honor to be prepared, with suitable emblematic devices, upon the design of the medal of honor heretofore issued, or upon an improved design, together with appropriate rosettes or other insignia to be worn in lieu of the medal, and to be presented by direction of the President, and in the name of Congress to such officers, noncommissioned officers, and privates as have most distinguished, or may hereafter most distinguish, themselves by their gallantry in action, twelve thousand dollars: Provided, That the Secretary of War be, and he is hereby, authorized and directed to use so many of the medals and rosettes or other insignia provided for by this Act as may be necessary to replace the medals that have been issued under the joint resolution of Congress approved July twelfth, eighteen hundred and sixty-two, and section 6 of the Act of Congress approved March third, eighteen hundred and sixty-three: And provided further, That whenever it shall appear from official records in the War Department that any officer or enlisted man of the Army so distinguished himself in action as to entitle him to the award of the congressional medal of honor under the provisions of the sixth section of the Act of Congress approved March third, eighteen hundred and sixty-three, entitled "An Act making appropriations for the sundry civil expenses of the Government for the year ending June thirtieth, eighteen shall be issued to any one person; but for each succeeding deed or act sufficient to justify the award of a medal of honor or a distinguished-service cross or a distinguished-service medal, respectively, the President may award a suitable bar or other suitable device, to be worn as he shall direct. Chap. I, act of July 9, 1918 (40 Stat. 871), as amended by sec. 1, act of Jan. 24, 1920 (41 Stat. 399); U. S. C. 10: 1411. Nor is more than one soldier's medal to be issued to any one person. See 913, post. 908. Silver star.-* * * And for each citation of an officer or enlisted man for gallantry in action, published in orders issued from the headquarters of a force commanded by, or which is the appropriate command of, a general officer, not warranting the award of a medal of honor or distinguished-service cross, he shall be permitted to wear, as the President shall direct, a silver star three-sixteenths of an inch in diameter. Chap. I, act of July 9, 1918 (40 Stat. 871), as amended by sec. 1, act of Jan. 24, 1920 (41 Stat. 399); U. S. C. 10: 1412. 909. Medal of honor, distinguished-service cross, distinguished-service medal, etc.; regulations.-That the President be, and he is further authorized to make from time to time any and all rules, regulations, and orders which he shall deem necessary to carry into effect the provisions of this Act and to execute the full purpose and intention thereof. Chap. I, act of July 9, 1918 (40 Stat. 872); U. S. C. 10: 1401. 910. Same; time limit and conditions for award.—That, except as otherwise prescribed herein, no medals of honor, distinguished-service cross, distinguishedservice medal, or bar or other suitable device in lieu of either of said medals or of said cross, shall be issued to any person after more than three years from the date of the Act justifying the award thereof, nor unless a specific statement or report distinctly setting forth the distinguished service and suggesting o" recommending official recognition thereof shall have been made at the time of the distinguished service or within two years thereafter, nor unless it shall appear from the official records in the War Department that such person has so distinguished himself as to entitle him thereto; * but in case an individual who shall distinguish himself dies before the making of the award to which he may be entitled, the award may nevertheless be made and the medal or cross or the bar or other emblem or device presented, within three years from the date of the Act justifying the award thereof, to such representative of the deceased as the President may designate; but no medal, cross, bar, or other device, hereinbefore authorized, shall be awarded or presented to any individual whose entire service subsequently to the time he distinguished himself shall not have been honorable; but in cases of officers and enlisted men now in the Army for whom the award of the medal of honor has been recommended in full compliance with then existing regulations but on account of services which, though insufficient fully to justify the award of the medal of honor, appear to have been such as to justify the award of the distinguished-service cross or distinguished-service medal hereinbefore provided for, such cases may be considered and acted upon under the provisions of this Act authorizing the award of the distinguished-service cross and distinguished-service medal, notwithstanding that said services may have been rendered more than three years before said cases shall have been considered as authorized by this Act, but all consideration of and action upon any of said cases shall be based exclusively upon official records now on file in the War Department; and in the cases of officers and enlisted men now in the Army who have been mentioned in orders, now a part of official records, for extraordinary heroism or especially meritorious services, such as to justify the award of the distinguished-service cross or the distingu'shed-service medal hereinbefore provided for, such cases may be considered and acted on under the provisions of this Act, notwithstanding that said Act or services may have been rendered more than three years before said cases shall have been considered as authorized by this Act, but all consideration of and action upon any said cases shall be based exclusively upon official records of the War Department. Chap. I, act of July 9, 1918 (40 Stat. 871); U. S. C. 10: 1409. That all recommendations for decoration by the United States of America now pending before the War Department, Navy Department, or Marine Corps for services rendered during the World War be considered by the proper boards or authorities, and awards made in such cases as the conduct of those recommended shows them to be entitled and deserving of the same. Act of May 26, 1928 (45 Stat. 747). See, also, notes to 901, ante. Notes of Decisions 28 years in presenting the claim and it was unaccompanied by any official evidence of the statements made. (1892) 20 Op. Atty. Gen. 421. Delay in application.-A claim for a medal of honor should not be entertained where there was an unexplained delay of 911. Same; delegation of power to award. That the President be, and he is hereby, authorized to delegate, under such conditions, regulations, and limitations as he shall prescribe, to the commanding general of a separate army or higher unit in the field, the power conferred upon him by this Act to award the medal of honor, the distinguished-service cross, and the distinguished-service medal; * Chapter I, act of July 9, 1918 (40 Stat. 872); U. S. C. 10: 1410. 912. Same; replacement when lost or damaged. That in any case where the President of the United States has heretofore, under any Act or resolution of Congress, caused any medal to be made and presented to any officer or person in the United States on account of distinguished or meritorious services, on a proper showing made by such person to the satisfaction of the President that such medal has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a duplicate of such medal, the cost of which shall be paid out of any money in the Treasury not otherwise appropriated. Pub. res, of Apr. 15, 1904 (383 Stat. 588); U. S. C. 5: 116. That whenever a medal, cross, bar, ribbon, rosette, or other device presented under the provisions of this Act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it was awarded, such medal, cross, bar, ribbon, rosette, or device shall be replaced without charge therefor. Chap. I, act of July 9, 1918 (40 Stat. 871); U. S. C. 10:1416. 913. Soldier's medal.-Under such rules and regulations as he may prescribe the President is hereby authorized to present, but not in the name of Congress, a medal to be known as the soldier's medal, of appropriate design, with accompanying ribbon, to any person who, while serving in any capacity with the Army of the United States, including the National Guard and the Organized Reserves, shall hereafter distinguish himself, or herself, by heroism not involving actual conflict with an enemy. No more than one soldier's medal shall be issued to any one person; but for each succeeding deed or act sufficient to justify the award of the soldier's medal the President may award a suitable bar, or other suitable device, to be worn as the shall direct. Sec. 11, act of July 2, 1926 (44 Stat. 789); U. S. C. 10: 1428. For additional pay by reason of the above award, see 1434, post. 51109°-30- 46 914. Distinguished-flying cross.-Under such rules and regulations as he may prescribe, and notwithstanding the provisions of section 14 of this Act, the President is hereby authorized to present, but not in the name of Congress, a distinguished-flying cross of appropriate design, with accompanying ribbon, to any person who, while serving in any capacity with the Air Corps of the Army of the United States, including the National Guard and the Organized Reserves, or with the United States Navy, since the 6th day of April, 1917, has distinguished, or who, after the approval of this Act, distinguishes himself by heroism or extraordinary achievement while participating in an aerial flight: Provided, That no person shall be eligible for the ward of the distinguishedflying cross for any act performed prior to November 11, 1918, except officers or enlisted men who have heretofore been recommended for but have not received the congressional medal of honor, the distinguished-service cross, or the distinguished-service medal and except those officers or enlisted men who displayed heroism while serving as instructors or students at flying schools. No more than one distinguished-flying cross shall be issued to any one person, but for each succeeding act or achievement sufficient to justify the award of a distinguished-flying cross the President may award a suitable bar or other suitable device to be worn as he shall direct. In case an individual who distinguishes himself shall have died before the making of the award to which he may be entitled, the award may nevertheless be made and the cross or the bar or other device presented to such representative of the deceased as the President may designate, but no cross, bar, or other device hereinbefore authorized shall be awarded or presented to any individual whose entire service subsequent to the time he distinguishes himself has not been honorable. Sec. 12, act of July 2, 1926 (44 Stat. 789); U. S. C. 10: 1429. For additional pay by reason of the above award, see 1434, post. 915. National Guard medal.-That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device and ribbon, to be presented to each of the several officers and enlisted men, and families of such as may be dead, of the National Guard who, under the orders of the President of the United States, served not less than ninety days in the war with Spain, and who have received an honorable discharge from the service, and who served on the Mexican border in the years nineteen hundred and sixteen and nineteen hundred and seventeen and who are not eligible to receive the Mexican service badge heretofore authorized by the President: Provided, That such medals shall not be issued to men who have, subsequent to such service, been dishonorably discharged from the service or deserted: Chap. I, act of July 9, 1918 (40 Stat. 873); U. S. C. 10: 1413. * Provided, That the Mexican border medal and ribbon issued to National Guard officers and enlisted men under the provisions of the act entitled "An act making appropriations for the support of the Army for the fiscal year ending June 30, 1919," approved July 9, 1918, shall be issued to National Guard officers and enlisted men who at the same time served as such in the field under the call of the National Guard to such Mexican border service but were stationed for service at points other than on the Mexican border: Provided further, That such medals shall not be issued to men who have subsequent to such service been dishonorably discharged from the service or deserted: * * Act of June 5, 1920 (41 Stat. 973), making appropriations for the support of the Army: National Guard; U. S. C. 10:1414. * Under the above statute at first one medal was issued, similar in design to the Spanish 1916 War medal now in use, except that upon the sword thereon were inscribed "1898 1917 Congressional National Guard Medal." In January, 1919, that design was superseded by |