Chapter 211.
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/statutes-at-large/vol-39/chapter-211-1521455·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 211.— Joint Resolution To authorize the President to draft members of the National Guard and of the Organized Militia of the several States, Territories, and the District of Columbia and members of the National Guard and Militia Reserves into the military service of the United States under certain conditions, and for other purposes. July 1, 1916. [[H. J. Res. 242](/us/bill/64/hjres/242).] [[Pub. Res., No. 23](/us/bill/64/pubres/23).] *Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, * That in the opinion of theArmy.President authorized to draft National Guard, etc., into service.
Congress of the United States an emergency now exists which demands the use of troops in addition to the Regular Army of the United States, and that the President be, and he is hereby, authorized to draft into the military service of the United States, under the provisions of section one hundred and eleven of the national defense*Ante*, p. 211. Act approved June third, nineteen hundred and sixteen, so far as the provisions of said section may be applicable and not inconsistent with340 the terms hereof, any or all members of the National Guard and of the Organized Militia of the several States, Territories, and the District of Columbia and any and all members of the National GuardTerm. and Organized Militia Reserves, to serve for the period of the emergency, not exceeding three years, unless sooner discharged: *Provided,**Proviso.*Discharged from militia.
That all persons so drafted shall, from the date of their draft, stand discharged from the militia during the period of their service under said draft. Sec. 2. That the provisions of section one hundred and twelve ofPension laws applicable.*Ante*, p. 211. the national defense Act of June third, nineteen hundred and sixteen, shall be applicable to any officer or enlisted man drafted into the service of the United States pursuant to the provisions of this joint resolution. Sec. 3.
That when organizations the members of which areCombinations into tactical units. drafted under the provisions of this resolution do not constitute complete tactical units the President may, by combining such organizations, organize battalions, regiments, brigades, and divisions, and may appoint officers for such units from the Regular Army, from theAppointment of officers.Vol. 32, p. 779. members of such organizations, from those duly qualified and registered pursuant to section twenty-three of the Act of Congress approved January twenty-first, nineteen hundred and three, or*Ante*, p. 190 members of the Officers’ Reserve Corps as provided in section thirtyeight of the national defense Act of June third, nineteen hundred and sixteen, officers with rank not above that of colonel to be appointed by the President alone and all other officers to be appointed by the President, by and with the advice and consent of the Senate: *Provided,**Proviso.*Filling vacancies made by Army officers appointed in volunteers.Vol. 38, p. 349.
That vacancies incident to the appointment of officers of the Regular Army to the positions in the forces drafted for this emergency may be filled under the provisions of section eight of the Act of April twenty-fifth, nineteen hundred and fourteen. Sec. 4. That whenever in time of war or public danger or duringAssignment of officers in command. the emergency declared in section one of this resolution, two or more officers of the same grade are on duty in the same field, department, or command, or organizations thereof, the President may assign the command of the forces of such field, department, or command, or of any organization thereof, without regard to seniority of rank in the same grade.
In the absence of such assignment by the President,Precedence if no assignment. officers of the same grade shall rank and have precedence in the following order without regard to date of rank or commission as between officers of different classes, namely: First, officers of the Regular Army and officers of the Marine Corps detached for service with the Army by order of the President; second, officers of forces drafted into the military service of the United States: *Provided,**Proviso.*Rank of Army officers in drafted force.
That officers of the Regular Army holding commissions in forces drafted into the service of the United States shall rank and have precedence under said commissions as if they were commissioned in the Regular Army; but the rank of officers of the Regular Army under their commissions in the forces drafted into the service of the United States shall not for the purpose of this resolution be held to antedate muster or draft into the service of the United States. Approved, July 1, 1916.