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Right to wear-Continued.

Civilians attending courses of military

instruction, 2143.

Honorably discharged officers, 2144.

Honorably discharged enlisted men, 2145.

Military societies of honorably discharged soldiers, 2146.

National Guard, 2147.

Organizations designated by Secretary of
War, 2148.

Retired officers, 2149.

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2136. Uniform to be prescribed by the President.-The President may prescribe the uniform of the Army. R. S. 1296; U. S. C. 10: 831. 2137. Alteration of clothing issued to soldiers.It shall be lawful for the commanding officer of each regiment whenever it may be necessary, to cause the coats, vests, and overalls or breeches which may from time to time be issued to and for his regiment to be altered and new made, so as to better fit them to the persons respectively for whose use they shall be delivered; and for defraying the expense of such alterations, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty-five cents for each coat, eight cents for each vest and for each pair of overalls or breeches. R. S. 1220, as amended by act of Feb. 27, 1877 (19 Stat. 243).

* Provided also, That hereafter the regimental price fixed for altering and fitting soldiers' clothing shall not exceed the cost of making the same at the clothing depots: Act of Mar. 2, 1889 (25 Stat. 831), making appropriations for the support of the Army.

The other portion of R. S. 1220 is in 112, ante.

2138. Discrimination against persons wearing the uniform.-That hereafter no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, the District of Alaska or insular possession of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue Cutter Service, or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. Act of Mar. 1, 1911 (36 Stat. 963); U. S. C. 18: 523.

By act of Jan. 28, 1915 (38 Stat. 800), the Revenue Cutter Service was made a part of the Coast Guard.

2139. Unlawful wearing of the uniform prohibited.-It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform

any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps:

Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceed ing six months, or by both such fine and imprisonment. Sec. 125, act of June 3, 1916 (39 Stat. 216); U. S. C. 10: 1393.

That section 125 of the Act entitled "An Act for making further and more effectual provisions for the national defense, and for other purposes," approved June 3, 1916, shall hereafter be in full force and effect as originally enacted. notwithstanding anything contained in the Act entitled "An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment and to wear the same under certain conditions," approved February 28, 1918: Provided, That the words "or the Secretary of the Navy" shall be inserted immediately after the words "the Secretary of War" wherever those words appear in section 125 of the Act approved June 3, 1916, herein before referred to. Sec. 8, act of June 4, 1920 (41 Stat. 836); U. S. C. 10: 1393.

For unauthorized wearing or sale of medals, badges, etc., see 925, ante. The act of Feb. 14, 1927, 1985, ante, providing for the sale of exterior articles of unform to honorably discharged persons, does not modify sec. 8, act of June 4, 1920.

2140. Unauthorized wearing of the uniform of a friendly nation prohibited.— That it shall be unlawful for any person, with intent to deceive or mislead, within the United States or Territories, possessions, waters, or places subject to the jurisdiction of the United States, to wear any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation, or Government with which the United States is at peace, or any uniform, decoration, or regalia so nearly resembling the same as to be calculated to deceive. unless such wearing thereof be authorized by such State, nation, or Government. Any person who violates the provisions of this Act shall upon conviction be punished by a fine not exceeding $300 or imprisonment for not exceeding six months, or by both such fine and imprisonment. Act of July 8, 1918 (40 Stat. 821); U. S. C. 22: 246.

2141. Right to wear uniform; actors representing military characters.—* Provided, That the foregoing provision shall not be construed so as to prevent any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps: Sec. 125, act of June 3, 1916 (39 Stat. 216);

U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

2142. Same; cadet corps.-* Provided, That the foregoing provision shall not be construed so as to prevent the instructors and members of the duly organized cadet corps of a State university, State college, or public high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instructors 9

s of such cadet

*

the in

corps ***: Provided further, That the uniform worn by structors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: And provided further, That the instructors and

members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Sec. 125, act of June 3, 1916 (39 Stat. 217); U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

2143. Same; civilians attending courses of military instruction.Provided, That the foregoing provision shall not be construed so as to prevent civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; Sec. 125, act of June 3, 1916

(39 Stat. 216); U. S. C, 10: 1393.

For provision referred to, see 2139, ante.

2144. Same; honorably discharged officers.-All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments. R. S. 1226; U. S. C. 10: 1392.

That all officers who have served during the rebellion as officers of the Regu lar Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Act of Feb. 4, 1897 (29 Stat. 511).

That all officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service by resignation or otherwise, shall be entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the Regular or Volunteer service. Sec. 34, act of Feb. 2, 1901 (31 Stat. 757); U. S. C. 10: 1392.

Provided, That the foregoing provision shall not be construed

so as to prevent persons who in time of war have served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volunteer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service; * Sec. 125, act of June 3, 1916 (39

Stat. 216); U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

2145. Same; honorably discharged enlisted men. the foregoing provision shall not be construed so as to prevent

Provided, That

any

person who has been honorably discharged from the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such discharge;

Provided, That hereafter, upon the discharge or furlough to the reserve of an enlisted man, all uniform outer clothing then in his possession, except such articles as he may be permitted to wear from the place of termination of his active service to his home, as authorized by this section, will be retained for military use. Sec. 125, act of June 3, 1916 (39 Stat. 216), 48 amended by sec. 10, Ch. XVII, act of July 9, 1918 (40 Stat. 891), as amended by act of July 3, 1926 (44 Stat. 891); U. S. C. 10: 1393.

For provision referred to in first paragraph, see 2139, ante.

2146. Same; military societies of honorably discharged soldiers.-*** Provided, That the foregoing provision shall not be construed so as to prevent * * the members of military societies composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony. the uniform duly prescribed by such societies to be worn by the members thereof. Provided further, That the uniforms worn by ✦✦ the members of the military societies * referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: And provided further, That the members of military hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. 1916 (39 Stat. 216); U. S. C. 10: 1393.

societies

Sec. 125, act of June 3,

For provision referred to, see 2139, ante. 2147. Same; National Guard.- * * Provided, That the foregoing provi sion shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the National Guard;

of the National Guard

Provided further, That the uniforms worn by officers or enlisted men referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: Sec. 125, act of June 3, 1916 (39 Stat. 216);

U. S. C. 10: 1393.

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For provision referred to in first paragraph, see 2139, ante. 2148. Same; organizations designated by Secretary of War-✦ ✦ vided, That the foregoing provision shall not be construed so as to prevent * members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War or the Secretary of the Navy may designate, from wearing their prescribed uniforms: Sec. 125, act of June 3, 1916 (39 Stat. 216), as amended by sec. 8, act of June 4, 1920 (41 Stat. 836); U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

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2149. Same; retired officers.-Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired. R. S. 1256; U. S. C. 10: 1023.

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2150. War Department utilities; construction and operation.-* Quartermaster General, under the authority of the Secretary of War, shall be charged with the direction of all work pertaining to the construction, utilities connected with the Provided further,

maintenance, and repair of

Army;

with the operation of utilities;

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That utilities pertaining exclusively to any branch of the Army may be operated by such branches. Sec. 9, act of June 3, 1916 (39 Stat. 170), as amended by sec. 9, act of June 4, 1920 (41 Stat. 766); U. S. C. 10: 72.

2151. Same; testing of iron and steel.-The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be; * 1. Act of June 20, 1878 (20 Stat. 223), making appropriations for civil expenses; U. S. C. 50: 76.

That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress: And provided further, That in making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ordnance shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society, to be by them published at their own expense. Act of Mar. 3, 1885 (23 Stat. 502), making appropriations for civil expenses; U. S. C. 50: 77.

*

2152. Radio, commercial stations; regulation and utilization in time of emergency.-* * Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the licensing authority, and may cause the closing of

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