observations thereon as he may deem necessary for the information of Congress. Sec. 12, act of Jan. 21, 1903 (32 Stat. 776); U. S. C. 32: 14.

897. The Assistant Secretary of War; duties.-Hereafter, in addition to such other duties as may be assigned him by the Secretary of War, the Assistant Secretary of War, under the direction of the Secretary of War, shall be charged with supervision of the procurement of all military supplies and other business of the War Department pertaining thereto and the assurance of adequate provision for the mobilization of matériel and industrial organizations essential to war-time needs. Sec. 5a, added to act of June 3, 1916, by

sec. 5, act of June 4, 1920 (41 Stat. 764); U. S. C. 10: 1193.

Act of Mar. 5, 1890 (26 Stat. 17), provided as follows:

"There shall be in the Department of War an Assistant Secretary of War, who shal! be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand five hundred dollars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law."

This act was amended by act of Apr. 6, 1918 (40 Stat. 515), providing that "There shall be in the Department of War an Assistant Secretary, a Second Assistant Secretary, and a Third Assistant Secretary, each of whom shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be entitled to a salary of $5,000 per annum, payable monthly, and the Second Assistant Secretary and Third Assistant Secretary shall each be entitled to a salary of $4,500 per annum, payable monthly, and shall perform such duties in the Department of War as shall be prescribed by the Secretary or as may be required by law." The offices of Second Assistant Secretary of War and Third Assistant Secretary of War were abolished by sec. 5, act of June 4, 1920 (41 Stat. 764).

A previous provision for the appointment of an Assistant Secretary, made by act Aug. 5, 1882, sec. 1 (22 Stat. 237), was repealed by act July 7, 1884, sec. 1 (23 Stat. 179). See ante, 868, and notes thereon.

Notes of Decisions

Effect of act upon previous provision for conferring powers on chief clerk.-The act, by providing for an Assistant Secretary, required by R. S., 177, ante, 868, to perform the duties of the Secretary during his temporary absence, did not wholly supersede the provision of act of Mar. 4, 1874, post, 899, for authorizing the chief clerk

during such absence of the Secretary to sign requisitions, etc., and the chief clerk may still be authorized, during the temporary absence of both the Secretary and the Assistant Secretary, to sign requisitions, etc., as provided by said act. (1903) 24 Op. Atty. Gen. 646.

898. Additional Assistant Secretary of War; appointment and compensation.To aid the Secretary of War in fostering military aeronautics, and to perform such functions as the Secretary may direct, there shall be an additional Assistant Secretary of War who shall be appointed by the President, by and with the advice and consent of the Senate, and whose compensation shall be fixed in accordance with the Classification Act of 1923. Sec. 5a, added to act of June 3 1916, by sec. 5, act of June 4, 1920, as amended by sec. 9, act of July 2, 1926 (44 Stat. 784); U. S. C. 5: 182a.

899. Assistant and chief clerk, appointment and duties.-Section 215 is amended by adding at the end of the section the following: "There shall be in the said department an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said department." R. S. 215 as amended by act of Feb. 27, 1877 (19 Stat. 241); U. S. C. 5: 185, 186.

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 em powered 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 Coun cil 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

hundred and sixty-four, and for the year ending the thirtieth of June, eighteen hundred and sixty-three, and for other purposes," the fact that the person who so distinguished himself has since become separated from the military service, or that the award of the medal to him was not specifically recommended or applied for while he was in the said service, shall not be held to prevent the award and presentation of the medal to such person under the provisions of the law hereinbefore cited. Act of Apr. 23, 1904 (33 Stat. 274); U. S. C. 10:1402, 1417, 1404.

That the holders of medals of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and sixty-three, shall not be required to surrender such medals in case such medals are replaced, in pursuance of the provisions of the act of Congress approved April twenty-third, nineteen hundred and four; and that wherever the holders of such medals of honor have surrendered them, in order to receive the medals provided for by said Act approved April twenty-third, nineteen hundred and four, such medals shall be returned to them: Provided, That no recipient of both medals shall wear both medals at the same time. Pub. res. of Feb. 27, 1907 (34 Stat. 1422); U. S. C. 10: 1418.

The original medal of honor, issued under authority of Pub. res. 52 of July 12, 1862 (12 Stat. 623), and sec. 6, act of Mar. 3, 1863 (12 Stat. 751), was of gold, without enamel, in the form of a star, with a symbolic group in the center, surrounded by a circle of stars, and suspended from a clasp in the form of an eagle perched on two crossed cannon with eight balls beneath.

By 1703, post, the Secretary of War is authorized to expend from the appropriations for contingent expenses of his department the sums necessary for the procurement of medals of honor, distinguished-service crosses, distinguished-service medals, etc.

Notes of Decisions

Replacing medals previously issued.-In (1905) 25 Op. Atty. Gen. 529, it was held that the word " replace," as used in this section, implies the loss, destruction, or surrender of the old medal; that it was optional with the holder of a medal whether he should surrender his old medal for the new; but that it was not within the au

thority of the Secretary of War, in replacing the medals issued to officers and privates for gallantry in action, under this act, to allow a particular grantee, who is entitled to a new medal, to receive it and at the same time retain the old medal in his possession.

902. Same; rosette and ribbon.-That the Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the joint resolution approved July twelfth, eighteen hundred and sixty-two, and the Act ap proved March third, eighteen hundred and sixty-three, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette or knot and ribbon to be each of a pattern to be prescribed and established by the President of the United States, and any appropriation that may hereafter be available for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That whenever a ribbon issued 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 issued, the Secretary of War shall cause a new ribbon to be issued to such person without charge therefor. Pub. res. of May 2, 1896 (29 Stat. 473); U. S. C. 10: 1405.

903. Same; conditions for award.-That the provisions of existing law relating to the award of medals of honor to officers, noncommissioned officers, and privates of the Army be, and they hereby are, amended so that the President is authorized to present, in the name of the Congress, a medal of honor only to

each person who, while an officer or enlisted man of the Army, shall hereafter, in action involving actual conflict with an enemy, distinguish himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty. Chap. I, act of July 9, 1918 (40 Stat. 870); U. S. C. 10: 1403,

The President was authorized to bestow the medal of honor upon the unidentified British and French soldiers buried, respectively, in Westminster Abbey, London, England, and in the Arc de Triomphe, Paris, France, by act of Mar. 4, 1921 (41 Stat. 2757).

By the act of Aug. 24, 1921 (42 Stat. 191), the President was likewise authorized to bestow the medal of honor upon the unidentified soldier buried in the Memorial Amphitheater of the National Cemetery at Arlington, Va., and by the joint resolution of Oct. 12, 1921 (42 Stat. 203), upon the unidentified soldier buried in the National Monument to Victor Emanuel II, in Rome, Italy.

For additional pay by reason of award of medal of honor, see post, 1434.

*

904. Same; recall.And in any case in which said board shall find and report that said medal was issued for any cause other than that hereinbefore specified the name of the recipient of the medal so issued shall be stricken permanently from the official medal of honor list. It shall be a misdemeanor for him to wear or publicly display said medal, and, if he shall still be in the Army, he shall be required to return said medal to the War Department for cancellation. Sec. 122, act of June 3, 1916 (39 Stat.

214); U. S. C. 10:1419.

905. Distinguished-service cross.-That the President be, and he is hereby, further authorized to present, but not in the name of Congress, a distinguishedservice cross of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distinguished, or who shall hereafter distinguish, himself or herself by extraordinary heroism in connection with military operations against an armed enemy. Chap. I, act of July 9, 1918 (40 Stat. 870); U. S. C. 10: 1406.

By the act of Aug. 24, 1921 (42 Stat. 191), the President was authorized to bestow the distinguished-service cross upon the unidentified soldier buried in the Memorial Amphitheater of the National Cemetery at Arlington, Va.

For additional pay by reason of the award of this decoration, see 1434, post.

906. Distinguished-service medal.-That the President be, and he is hereby, further authorized to present, but not in the name of Congress, a distinguishedservice medal of appropriate design and a ribbon, together with a rosette or other device, to be worn in lieu thereof, to any person who, while serving in any capacity with the Army of the United States since the sixth day of April, nineteen hundred and seventeen, has distinguished, or who hereafter shall distingu sh, himself or herself by exceptionally meritorious service to the Government in a duty of great responsibility; and said distinguished-service medal shall also be issued to all enlisted men of the Army to whom the certificate of merit has been granted up to and including the date of the passage of this act under the provisions of previously existing law, in lieu of such certificate of merit,

10: 1407, 1408.

*. Chap I, act of July 9, 1918 (40 Stat. 870); U. S. C.

While the language of the act of July 9, 1918, does not indicate that it is applicable only to acts performed in time of war, it has been so construed (Dig. Op. J. A. G., 1922, p. 16), and Congress itself has in effect similarly construed it by authorizing the award of the distinguished-service medal to the world flyers, by the act of Feb. 25, 1925 (43 Stat. 979).

For additional pay by reason of the above award, see 1434, post.

907. Bar or other device for successive awards.-That no more than one medal of honor or one distinguished-service cross or one distinguished-service medal