Detail of retired officers to active duty, Enlistments continued in force, 2163. Flying and nonflying officers, 2165. Additional pay for officers below grade of brigadier general, 2166. Mobilization of the Army, 2167. With Coast and Geodetic Survey, 2168. Trading with State in insurrection pro- Trading with part of State in insurrec- Persons prohibited from trading, 2175. Penalties for unauthorized trading, 2177. Jurisdiction of condemnation proceedings, 2179. Trading in captured or abandoned property prohibited, 2180. Espionage act: Unlawfully obtaining information affecting the national defense, 2181. Unlawfully disclosing information to foreign governments, 2182. Sspionage act-Continued. Making false statements, inciting to dis loyalty, obstructing enlistment, 2184. Penalty for conspiracy to violate two preceding sections, 2185. Designation of prohibited places, 2186. "United States" defined, 2187. 2160. Temporary commissions. In time of war any officer of the Regular Army may be appointed to higher temporary rank without vacating his permanent commission, such appointments in grades below that of brigadier general being made by the President alone, but all other appointments of officers in time of war shall be in the Officers' Reserve Corps. Par. 7, sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785); U. S. C. 10: 513. * Appointment 2161. Period of service in the Officers' Reserve Corps.-* in every case shall be for a period of five years, but an appointment in force at the outbreak of war, or made in time of war, shall continue in force until six months after its termination. Any reserve officer may be discharged at any time in the discretion of the President. A reserve officer appointed during the existence of a state of war shall be entitled to discharge within six months after its termination if he makes application therefor. Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1933); U. S. C. 10: 358. 2162. Detail of retired officers to active duty. In time of war retired officers may be employed on active duty in the discretion of the President, and when so employed they shall receive the full pay and allowances of their grades Par. 3, sec. 127a, added to the act of June 3, 1916, by sec. 51, act of June 4. 1920 (41 Stat. 785); U. S. C. 10: 992. 2163. Enlistments continued in force.-* * All enlistments in force at the outbreak of the war, or entered into during its continuation, whether in the Regular Army or the Enlisted Reserve Corps, shall continue in force until six months after its termination unless sooner terminated by the President. Sec. 55, act of June 3, 1916 (39 Stat. 195), as amended by sec. 35, act of June 4, 1920 (41 Stat. 780), as amended by act of June 8, 1926 (44 Stat. 705), U. S. C. 10: 425. * * 2164. Flying officers defined.And provided further, That in time of war a flying officer may include any officer who has received an aeronautical rating as a pilot of service types of aircraft and also in time of war may include any officer who has received an aeronautical rating as observer. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768), as amended by sec. 2, act of July 2, 1926 (44 Stat. 781); U. S. C. 10: 291e. 2165. Flying and nonflying officers.-* Provided further, That in time of war 10 per centuur of the total number of officers that may be authorized for the Air Corps for such war may be immediately commissioned as nonflying offcers: Provided further, That as soon as a sufficient number can be trained, at least 90 per centum of the total number of officers authorized for the Air Corps for such war shall be flying officers. Sec. 13a, added to act of June 3, 1916, by sec. 13, act of June 4, 1920 (41 Stat. 768), as amended by sec. 2, act of July 2, 1926 (44 Stat. 780); U. S. C. 10: 291a. 2166. Additional pay for officers below grade of brigadier general.-During the existence of a state of war, formally recognized by Congress, officers of grades corresponding to those of colonel, lieutenant colonel, major, captain, and first lieutenants of the Army, holding either permanent or temporary commissions as such, shall receive the pay of the sixth, fifth, fourth, third, and second periods, respectively, unless entitled under the foregoing provisions of this section to the pay of a higher period. Sec. 1, act of Jane 10, 1922 (42 Stat. 626); U. S. C. 37: 2. That in time of war every officer serving with troops operating against an enemy who shall exercise, under assignment in orders issued by competent authority, a command above that pertaining to his grade shall be entitled to re ceive the pay and allowances of the grade appropriate to the command so exer cised: Provided, That a rate of pay exceeding that of a brigadier general shal not be paid in any case by reason of such assignment: * * Sec. 7, act of Apr. 26, 1898 (30 Stat. 365); U. S. C. 10: 694. See decisions under 1428, ante. 2167. Mobilization of the Army.-The organized peace establishment, including the Regular Army, the National Guard, and the Organized Reserves, shall include all of those divisions and other military organizations necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency declared by Congress. Sec. 3, act of June 3, 1916 (39 Stat. 166), as amended by sec. 3, act of June 4, 1920 (41 Stat. 759); U. S. C. 10: 5. 2168. Cooperation of Army with Coast and Geodetic Survey. That the President is hereby authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of the War Department, or of the Navy Department, such vessels, equipment, stations, and personnel of the Coast and Geodetic Survey as he may deem to the best interest of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made: Provided, That such vessels, equipment, stations, and personnel shall be returned to the Coast and Geodetic Survey when such national emergency ceases, in the opinion of the President, and nothing in this Act shall be construed as transferring the Coast and Geodetic Survey or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided: Provided further, That any of the personnel of the Coast and Geodetic Survey who may be transferred as herein provided shall, while under the jurisdiction of the War Department or Navy Department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army or Navy, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law: * Sec. 16, act of May 22, 1917 (40 Stat. 87); U. S. C. 33: 855. Nothing in this Act shall reduce the total amount of pay and allowances they were receiving at the time of transfer. While actually employed in active service under direct orders of the War Department or of the Navy Department members of the Coast and Geodetic Survey shall receive the benefit of all provisions of laws relating to disability incurred in line of duty or loss of life. Sec. 16, act of May 22, 1917 (40 Stat. 88); U. S. C. 33: 857. The Secretary of War, the Secretary of the Navy, and the Secretary of Commerce shall jointly prescribe regulations governing the duties to be performed by the Coast and Geodetic Survey in time of war, and for the cooperation of that service with the War and Navy Departments in time of peace in preparations for its duties in war, which regulations shall not be effective unless approved by each of the said Secretaries, and included therein may be rules and regulations for making reports and communications between the officers or bureaus of the War and Navy Departments and the Coast and Geodetic Survey. Sec. 16, act of May 22, 1917 (40 Stat. 88); U. S. C. 33: 858. 2169. Same; with Lighthouse Service.-The President is hereby authorized, whenever in his judgment a sufficient national emergency exists, to transfer to the service and jurisdiction of the Navy Department, or of the War Department, such vessels, equipment, stations, and personnel of the Lighthouse Service as he may deem to the best interests of the country, and after such transfer all expenses connected therewith shall be defrayed out of the appropriations for the department to which transfer is made: Provided, That such vessels, equipment, stations, and personnel shall be returned to the Lighthouse Service when such national emergency ceases in the opinion of the President, and nothing in this Act shall be construed as transferring the Lighthouse Service or any of its functions from the Department of Commerce except in time of national emergency and to the extent herein provided. Provided further, That any of the personnel of the Lighthouse Service who may be transferred as herein provided shall, while under the jurisdiction of the Navy Department or War Department, be subject to the laws, regulations, and orders for the government of the Navy or Army, as the case may be, in so far as the same may be applicable to persons whose retention permanently in the military service of the United States is not contemplated by law. Act of Aug. 29, 1916 (39 Stat. 602); U. S. C. 33: 758. The Secretary of the Navy, the Secretary of War, and the Secretary of Conmerce shall jointly prescribe regulations governing the duties to be performed by the Lighthouse Service in time of war, and for the cooperation of that service with the Navy and War Departments in time of peace in preparation for its duties in war, and this may include arrangements for a direct line of communication between the officers or bureaus of the Navy and War Departments and the Bureau of Lighthouses to provide for immediate action on all communications from these departments. Act of Aug. 29, 1916 (39 Stat. 602); C. S. C. 33: 757. 2170. Same; with Public Health Service.--The President is authorized, in his discretion, to utilize the Public Health Service in times of threatened or actual war to such extent and in such manner as shall in his judgment promote the public interest without, however, in any wise impairing the efficiency of the service for the purposes for which the same was created and is maintained Sec. 4, act of July 1, 1902 (32 Stat. 713), as amended by sec. 1, act of Aug. 14. 1912 (37 Stat. 309); U. S. C. 42: 8. That when officers of the United States Public Health Service are serving on Coast Guard vessels in time of war, or are detailed in time of war for duty with the Army or Navy in accordance with law, they shall be entitled to per sions for themselves and widows and children, if any, as are now provided for officers of corresponding grade and length of service of the Coast Guard, Army or Navy, as the case may be, and shall be subject to the laws prescribed for the government of the service to which they are respectively detailed. Pub. res. of July 9, 1917 (40 Stat. 242); U. S. C. 42: 20. Notes of Decisions Not part of military forces.-The Public Health Service is not a part of the military forces of the United States within the meaning of the definition of the term "military or naval forces of the United States" in sec. 1, revenue act of 1918 (40) Stat. 1058), and hence the personnel of the Public Health Service is not entitled to the exemption from taxation granted in sec. 213 (b) (8) of said act (40 Stat. 1066). (1921) 33 Op. Atty. Gen. 56. An officer of the Public Health Service who was not detailed for duty with either the Army or Navy, who received no com pensation from either thereof, and was at no times subject to the orders of the military authorities and performed no military duty of any kind, was not a person in the mi tary forces of the United States within the meaning of sec. 213 (b) (8) of the revenge act of 1918 (40 Stat. 1066), which entitles a person in such military forces to an exemption of $3,500 on his income tax. Bine v. U. S. (1928), 65 Ct. Cl. 499. 2171. Same; with the American National Red Cross.-That whenever in time of war, or when war is imminent, the President may deem the cooperation and use of the American National Red Cross with the sanitary services of the land and naval forces to be necessary, he is authorized to accept the assistance tendered by the said Red Cross and to employ the same under the sanitary services of the Army and Navy in conformity with such rules and regulations as he may prescribe. Sec. 1, act of April 24, 1912 (37 Stat. 90); U. S. C. 36: 10. 2172. Canal Zone; military control.-That in time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. Sec. 13, act of Aug. 24, 1912 (37 Stat. 569); U. S. C. 48: 1306. 2173. Restrictions on commerce; trading with State in insurrection prohibited. Whenever the President, in pursuance of the provisions of this title, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States. R. S. 5301; U. S. C. 50: 205. Notes of Decisions Construction of act.-This was not a temporary act, though passed during the late rebellion; nor on the cessation of hostilities did forfeitures which had been incurred, after proclamation, cease to be capable of enforcement. The Reform (1865), 3 Wall. 617, 629; Winchester v. U. S. (1878), 14 Ct. Cl. 43. Whether the rebellion was suppressed, and when it was suppressed, are facts for the determination of the political branches of the Government, and the judiciary are concluded by their action in the premises. The President by virtue of the acts of July 13, 1861 (12 Stat. 257), July 31, 1861 (12 Stat. 284), and sec. 2, June 7, 1862 (12 Stat. 422), had the right to declare from time to time what States or parts of States were in insurrection against the United States. This power necessarily carried with it the right to decide and declare that the rebellion had been suppressed in any State or part of a State where it had before existed. Grossmeyer v. U. S. (1868), 4 Ct. Cl. 1. The statutes and proclamations authorizing and prohibiting commercial intercourse with and in the insurrectionary dis tricts during the rebellion examined and reviewed. Walker's Ex'rs v. U. S. (1876), 12 Ct. Cl. 408. One effect of the nonintercourse act was to postpone and determine the time when commercial intercourse between the loyal and insurrectionary States should become unlawful. Chesapeake & O. R. Co. v. U. S. (1885), 20 Ct. Cl. 49. Territory and persons affected.-The rule that war makes all citizens or subjects of one belligerent enemies of all citizens and subjects of the other applies to civil war. The Venice (1864), 2 Wall. 258; Small's Adm'r v. Lumpkin's Ex'r (Va. 1877), 28 Gratt. 832. Where States have assumed to secede and the functions of the Federal courts are suspended in rebellious territory, the United States Government is entitled to exercise belligerent rights against the seceded territory. U. S. v. The F. W. Johnson (D. C. 1861), Fed. Cas. No. 15179; Green's Case (1874), 10 Ct. Cl. 466, 470. An inhabitant of a loyal State held not to have acquired a domicile in the insurrectionary States, and hence his purchases there constituted trading with the enemy. |