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2137. Alteration of clothing issued to soldiers.

The first paragraph of this section, based on R.S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).

2144. Right to wear uniform; honorably discharged officers.

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All persons who have served honorably in the Army, Navy, Marine Corps, and/or Coast Guard of the United States during war shall, when not in the active military and/or naval service of the United States, be entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade held by them during their war service. Sec. 2, act of June 21, 1930 (46 Stat. 793); U.S.C. 10:10286.

The above provision is added as a new paragraph of this section.

So much of the first paragraph of the original text as refers to the right of honorably discharged officers to bear the official title and wear the uniform of the highest grade held in the volunteer service was superseded thereby. "U.S.C. 10: 1392" should be eliminated from the citation to this paragraph, and “U.S.C. 10: 516" added.

The third paragraph of this section, based on section 34, act of February 2, 1901 (31 Stat. 757), U.S.C. 10: 1392, should be omitted as superseded by the provision added

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That any person who served in the United States Army, Navy, or Marine Corps in the present war may, upon honorable discharge and return to civil life, permanently retain one complete suit of outer uniform clothing, including the overcoat, and such articles of personal apparel and equipment as may be authorized, respectively, by the Secretary of War or the Secretary of the Navy, and may wear such uniform clothing after such discharge: Provided, That the uniform above referred to shall include some distinctive mark or insignia to be prescribed, respectively, by the Secretary of War or the Secretary of the Navy, such mark or insignia to be issued, respectively, by the War Department or Navy Department to all enlisted personnel so discharged. The word Navy" shall include the officers and enlisted personnel of the Coast Guard who have served with the Navy during the present war. Sec. 1. act of Feb. 28, 1919 (40 Stat. 1202); U.S.C. 10: 1394.

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That the provisions of this act shall apply to all persons who served in the United States Army, Navy, or Marine Corps during the present war honorably discharged since April sixth, nineteen hundred and seventeen. act of Feb. 28, 1919 (40 Stat. 1203); U.S.C. 10: 1394.

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Sec. 2,

The above provisions, omitted from the original text of the Military Laws, 1929, are added as new paragraphs of this section. The words "and may wear such uniform clothing after such discharge" were superseded by the third paragraph of 2139, ante.

Radio:

CHAPTER 39

UTILITIES

Commercial stations, regulation and utilization in time of emergency, 2152.

Radio Continued.
Government stations, regulations, 2153.

2152. Radio, commercial stations; regulation and utilization in time of emergency. (a) During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this Act. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is hereby authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction.

(b) It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 6 or section 20 of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914.

(c) 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 Commission, and may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. (d) The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such

amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by paragraph 20 of section 24, or by section 145, of the Judicial Code, as amended. Sec. 606, Title VI, act of June 19, 1934 (48 Stat. 1104); U.S.C. 47: 606.

The original text of this section, based on secs. 6 and 7, Radio Act of February 23, 1927 (44 Stat. 1165); U.S.C. 47: 86, 87, was specifically repealed by section 602, Title VI, Communications Act of June 19, 1934 (48 Stat. 1102). The subject-matter is covered by the above provisions from the latter act.

2153. Radio, Government stations; regulation.-(a) Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe.

(b) Radio stations on board vessels of the United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this title.

(c) All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. Sec. 305, Title III, act of June 19, 1934 (48 Stat. 1083); U.S.C. 47: 305.

The original text of this section, based on secs. 6 and 8, Radio Act of February 23, 1927 (44 Stat. 1165, 1166); U.S.C. 47: 86, 88, was specifically repealed by section 602, Title VI, Communications Act of June 19, 1934 (48 Stat. 1102). The subject-matter is covered by the above provisions from the latter act.

2158. Telegraph lines, Government; transmission of commercial messages in

Alaska.

“U.B.C. 48: 310” should be added to the citation to this section.

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2160. Temporary appointments.-In time of war any officer of the Regular Army may be appointed to higher temporary grade without vacating his permanent appointment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appointed, as officers, shall be appointed and commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Par. 7, sec. 127a, added to act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785), as amended by sec. 20, act of June 15, 1933 (48 Stat. 161); U.S.C. 10:513.

This section has been amended as above.

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2161. Period of service; Officers' Reserve Corps.-* Appointment in every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination: Provided, That an officer of the Officers' Reserve Corps shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Any officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the President. * * * 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. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U.S.C. 10: 358.

This section has been amended as above.

2161a. Same; officers of the National Guard of the United States.-Officers in the National Guard of the United States shall be appointed for the period during which they are federally recognized in the same grade and branch in the National Guard: Provided, That an appointment in force at the outbreak of war shall continue in force until six months after its termination: And provided further, That such officer shall be entitled to be relieved from active

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Federal service within six months after its termination if he makes application therefor. Sec. 38, added to act of June 3, 1916, by sec. 3, act of June 6, 1924 (43 Stat. 470), as amended by sec. 4, act of June 15, 1933 (48 Stat. 155); U.S.C. 10:359a.

2166a. Council of National Defense.-That a Council of National Defense is hereby established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.

That the Council of National Defense shall nominate to the President, and the President shall appoint an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investi-, gations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work.

That it shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of extensive highways and branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the nation.

That the Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed.

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* Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a statement of the activities of the council and the agencies subordinate to it as is consistent with the public interest, including an itemized account of the expenditures made by

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