Secretary of War, within sixty days after the approval of this Act for the purpose of investigating and reporting upon past awards or issues of the so-called congressional medal of honor by or through the War Department; this with a view to ascertain what medals of honor, if any, have been awarded or issued for any cause other than distinguished conduct by an officer or enlisted man in action invoiving actual conflict with an enemy by such officer or enlisted man or by troops with which he was serving at the time of such action. Sec. 122, Act of June 3, 1916 (39 Stat. 214).

1014j. Same-Name of recipient to be stricken from medal of honor list on finding of board.—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.1 Id.

1014k. Misdemeanor for recipient to publicly wear or display medal after name is striken from 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. Id.

10141. Board given access to records of War Department.-Said board shall have full and free access to and use of all records pertaining to the award or issue of medals of honor by or through the War Department. Id.

1014m. Actual expenses of board payable from contingencies of Army for War Department.-The actual and necessary expenses of said board and its members shall be paid out of any appropriations available for contingent expenses of the Army of the War Department. Id.

'Certain questions were submitted as to the construction of section 122 of the national-defense act, approved June 3, 1916. providing for the appointment of a board of retired officers to investigate and report upon past awards or issues of the so called congressional medals of honor by or through the War Department.

Held, that as the statute expressly requires that "in any case in which the board shall find and report" that the medal was issued for any cause other than that specified in the statute the name of the recipient of the medal so issued shall be stricken permanently from the medal of honor list," the Secre tary of War is without discretion to review or control the findings of the board; that the law requires from him administrative action (1) to cause the name of the recipient of the medal which the board finds was improperly issued to be stricken permanently from the official medal of honor list"; and (2) if the recipient "shall still be in the Army" to require him to “return said medal to the War Department for cancellation "; and that the act requires the Secretary of War to proceed at once to give execution to the findings of the board in these respects and gives him no authority to postpone action.

Held further, that although the provision making it a misdemeanor for the recipient of a medal of honor which the board finds was improperly issued to wear or publicly display the same fails to prescribe a penalty for the offense, nevertheless the statute does not charge the Secretary of War with any duty to enforce this provision (War Dept. Bull. 15, Mar. 24, 1917.)

1028a. Enlistment of minors.-No person under the age of eighteen years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians, provided that such minor has such parents or guardians entitled to his custody and control. Sec. 27, Act of June 3, 1916 (39 Stat. 186).

(For the provisions of this section preceding this paragraph, see paragraphs 1031a, 1031b, 1031c, 1031d, and 1034a, and for ensuing provision see paragraph 1032a.)

1031a. Enlistment, term of.-On and after the first day of November, nineteen hundred and sixteen, all enlistments in the Regular Army shall be for a term of seven years, the first three years to be in the active service with the organizations of which those enlisted form a part and, except as otherwise provided herein, the last four years in the Regular Army Reserve hereinafter provided for. Id.

(See paragraph 1031h, post, for provision that all enlistments in the Regular Army and in the Regular Army Reserve in force on date of outbreak of war shall continue for one year, but nothing in the proviso shall shorten the terin of enlistment prescribed.)

1031b. Same-Reenlistment after three years' continuous service.— At the expiration of three years' continuous service with such organizations, either under a first or any subsequent enlistment, any soldier may be reenlisted for another period of seven years, as above provided for, in which event he shall receive his final discharge from his prior enlistment. Id. 185.

1031c. Same-May be furloughed to Regular Army Reserve after one year's honorable service.-After the expiration of one year's honorable service any enlisted man serving within the continental limits of the United States whose company, troop, battery, or detachment commander shall report him as proficient and sufficiently trained may, in the discretion of the Secretary of War, be furloughed to the Regular Army Reserve under such regulations as the Secretary of War may prescribe, but no man furloughed to the

1

No distinction should be made between the Army and the Marine Corps in the treatment of minors.

The following rules have been established by the courts with regard to the discharge of a minor who enlisted without the written consent of his parent or guardian. A minor over 16 can not avoid his enlistment. In re Morrissey (137 U. S. 157); his parent or guardian, to do so, must act seasonably, Ex part Dostal (243 Fed. 664); Ex parte Rush (246 Fed. 172); and before the minor has attained the age of 18 years. Ex parte Dostal, supra; Ex parte Hubbard (182 Fed. 76). If the minor is being held for an offense against military law, the jurisdiction of the military authorities can not be ousted by the civil courts, Ex parte Dostal, supra; Dillingham v. Bocker (163 Fed. 696); Ex parte Rush, supra. On the general subject, see note in 39 L. R. A., N. S., 454. (Dig. Opin. J. A. G., March, 1918.)

`reserve shall be eligible to reenlist in the service until the expiration of his term of seven years. Id. 187.

1031d. Same-Three years to be counted as enlistment period in computing continuous-service pay.—In all enlistments hereafter accomplished under the provisions of this Act three years shall be counted as an enlistment period in computing continuous-service pay. Id.

(For ensuing provision of this section see paragraph 1034a.)

1031e. Final discharge issued at expiration of seven years, but account closed on furlough to Regular Army Reserve.-No enlisted man in the Regular Army shall receive his final discharge until the termination of his seven-year term of enlistment except upon reenlistment as provided for in this Act or as provided by law for discharge prior to expiration of term of enlistment, but when an enlisted man is furloughed to the Regular Army Reserve his account shall be closed and he shall be paid in full to the date such furlough becomes effective, including allowances provided by law for discharged soldiers. Sec. 29, id.

(For ensuing provision of this section see paragraph 1044a.)

1031f. Composition of.-The Regular Army Reserve shall consist of, first, all enlisted men now in the Army Reserve or who shall hereafter become members of the Army Reserve under the provisions of existing law; second, all enlisted men furloughed to or enlisted in the Regular Army Reserve under the provisions of this Act; and, third, any person holding an honorable discharge from the Regular Army with character reported at least good who is physically qualified for the duties of a soldier and not over forty-five years of age who enlists in the Regular Army Reserve for a period of four years. Sec. 30, id.

1031g. Same-Organization, training, mobilization, pay, etc., of.— The President is authorized to assign members of the Regular Army Reserve as reserves to particular organizations of the Regular Army or to organize the Regular Army Reserve, or any part thereof, into units or detachments of any arm, corps, or department in such manner as he may prescribe, and to assign to such units and detachments officers of the Regular Army or of the Officers' Reserve Corps herein provided for; and he may summon the Regular Army Reserve or any part thereof for field training for a period not exceeding fifteen days in each year, the reservists to receive travel expenses and pay at the rate of their respective grades in the Regular Army during such periods of training; and in the event of actual or threatened hostilities he may mobilize the Regular Army Reserve in such manner as he may determine, and thereafter retain it, or any part