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mond, 2 Wood, C. C. R. 203; Hann v. United States, 14 Ct. Cls. R., 305; Boucicault v. Hart, 12 Blatch., 52; Bowen v. United States, 14 Ct. Cls. R., 162; affirmed on appeal, 100 U. S., 508.)

In case of ambiguous language in the Revised Statutes, or uncertainty as to the true construction to be given to the words of any section, previous acts on the same subject may be referred to and examined for light on the object and intent of Congress as shown by the course of legislation, in the same manner as statutes in pari materia relating to the same subject may always be taken, compared, and construed together. But when the language is clear, the latest act. as expressing the latest will of Congress, must govern and must supersede the preexisting legislation inconsistent therewith. (Bradshaw v. United States, 14 Ct. Cls. R., 78; Hann v. United States, 14 id., 305, and other cases above cited.)

As to the printed publications, the first edition is a transcript of the original Revised Statutes preserved in the Department of State, and is prima facie evidence thereof. If, however, the correctness of the printed copy is drawn in question, the original is the only conclusive evidence of the exact text of the law.

The second edition is neither a new revision nor a new enactment, but is only a new publication. It is a compilation containing a copy of the original Revised Statutes, like the first edition, with certain specific alterations and amendments made by subsequent enactments of the Forty-third and Fortyfourth Congresses, incorporated according to the judgment and discretion of the editor, under authority of the law providing for his appointment. (Act Mar. 2, 1877, ch. 82, 19 Stat. 268.) The editor had no power to change the substance or alter the language of the revision, nor to correct any errors or supply any omissions. The whole text of the Revised Statutes, as published in the first edition, is preserved; but where by the specific amendments made by the two Congresses mentioned, sections or parts of sections were repealed, those repealed provisions are printed in italics and included in brackets; and where, in like manner, by legislative enactment, words were required to be added or inserted, they are incorporated in their proper places in ordinary Roman letters, and are also inclosed in brackets.

Section 79, referred to in the argument of this case, illustrates the manner in which the second edition was edited. In the original, and of course in the first edition, that section stood thus:

"SEC. 79. After the fourth day of March, eighteen hundred and seventy-five, no money shall be paid from the Treasury for the publication of the laws in newspapers."

The act of February 18, 1875, ch. 80 (18 Stat. 317), provided that "section seventy-nine is amended by striking out in the second line the words 'no money shall be paid from the Treasury for,' and adding, at the end of the section, the words shall cease.'" The editor incorporated the two together, thus:

"SEC. 79. After the fourth day of March, eighteen hundred and seventyfive (no money shall be paid from the Treasury for), the publication of the laws in newspapers (shall cease)."

Omitting the words in italics, this section expresses the law as it has stood since February 18, 1875, when the amendment was enacted.

The act for the preparation and publication of the second or new edition of the Revised Statutes provides that "the printed volume shall be legal evidence of the laws therein contained in all the courts of the United States and of the several States and Territories, but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three." (Act Mar. 2, 1877, ch. 82, 19 Stat. 268, as amended by act Mar. 9, 1878, ch. 26, 20 Stat. 27.)

CHAPTER X.

THE MILITARY ESTABLISHMENT-GENERAL PROVISIONS OF ORGANIZATION.

THE REGULAR ARMY-THE VOLUNTEER ARMY AND THE MILITIA.1

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327. Composition of national forces.-All able-bodied male citizens of the United States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Sec. 1, Act of Apr. 22, 1898 (30 Stat. 361).

328. Organized and active land forces.-The organized and active land forces of the United States shall consist of the Army of the United States and of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, 1For statutes respecting the militia, see chapter entitled The Militia; and for statutes respecting the volunteer forces, see chapter entitled Volunteers.

respectively, as the Regular Army and the Volunteer Army of the United States.1 Sec. 2, id.

329. Land forces, composition of. The land forces of the United States shall consist of the Regular Army, the organized land militia. while in the service of the United States, and such volunteer forces as Congress may authorize. Sec. 1, Act of Apr. 25, 1914 (38 Stat. 347).

THE REGULAR ARMY.2

330. Regular army.-The Regular Army is the permanent military establishment, which is maintained both in peace and war according to law. Sec. 3, Act of Apr. 22, 1898 (30 Stat. 361).

(See chapters entitled, respectively, Staff Departments and Troops of the line.)

331. Composition of Regular Army.-From and after the approval of this act the Army of the United States, including the existing organizations, shall consist of:

1

Fifteen regiments of cavalry.
A corps of artillery.

Thirty regiments of infantry.
One Lieutenant-General.

Six major-generals.

Fifteen brigadier-generals.

An Adjutant-General's Department.
An Inspector-General's Department.

A Judge-Advocate General's Department.

A Quartermaster's Department.

A Subsistence Department.

A Pay Department.

A Medical Department.

A Corps of Engineers.

An Ordnance Department.

A Signal Corps.

The officers of the Record and Pension Office.

The Chaplains.

The officers and enlisted men of the Army on the retired list.

The invariable policy of the Government has been to consider the military forces as falling into two classes: Those who were soldiers or sailors by profession, irrespective of the national exigency, who took war when it came, and, if they survived it, continued to make military occupation the business of their lives; second, those who left their ordinary avocations at the outbreak of or during the continuance of hostilities and enlisted with the expectation of serving only so long as the exigency continued. (Cleary v. U. S., 35 Ct. Cls., 207, 211.) For provision authorizing the President, when military conditions so require, to organize the land forces of the United States into brigades and divisions and such higher units as he may deem necessary, see Act of April 25, 1914 (Public No. 90, 38 Stat. —), chapter entitled Volunteers, par. 1385.

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The professors, the Corps of Cadets, the Army Detachments, and band of the Military Academy.

Indian Scouts, as now authorized by lay; and such other officers and men as may hereinafter be provided for. Sec. 1, Act of Feb. 2, 1901 (31 Stat. 748).

See

(The office of Lieutenant General has ceased to exist on the active list. chapted entitled General Officers and Aids. The Quartermaster's Department, the Subsistence Department, and the Pay Department have been consolidated and form the Quartermaster's Corps. The Coast Artillery and the Field Artillery have been separated and now constitute two arms of the service. See chapter entitled Troops of the Line. For the details of the law in regard to the composition, etc., of the Regular Army see the various chapters bearing appropriate headings. The law relating to the Philippine Scouts and the Porto Rico Regiment will be found in this chapter, pars. 335-340 and 341-346. The law establishing the Bureau of Insular Affairs will be found in the chapter entitled Department of War, pars. 155-160 ante. For the enlistment of Indian Scouts see this chapter, par. 334.)

332. Enlisted strength of the Army.-The total enlisted force of the line of the Army, together with such native force, shall not exceed, at any one time, one hundred thousand.1 Sec. 36, Act of Feb. 2, 1901 (31 Stat. 757).

333. Same-Duration of.-The President is authorized to maintain the enlisted force of the several organizations of the Army at their maximum strength, as fixed by this act, during the present exigencies of the service, or until such time as Congress may hereafter otherwise direct. Sec. 30, Act. of Feb. 2, 1901 (31 Stat. 756).

334. Indian scouts.-The President is authorized to enlist a force of Indians, not exceeding one thousand, who shall act as scouts in the Territories and Indian country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department commander. A proportionate number of noncommis

'The acts of June 1, 1874 (18 Stat. 73), March 3, 1875 (id., 452), July 24, 1876 (19 Stat. 77), November 21, 1877 (20 Stat. 2), and June 18, 1878 (id., 146), contained a provision limiting the number of enlisted men in the Army to 25,000, including hospital stewards and Indian scouts. The act of June 29, 1879 (21 Stat. 30), contained a requirement "that no money appropriated by this act shall be paid for recruiting the Army beyond the number of 25,000 enlisted men, including Indian scouts and hospital stewards; and thereafter there shall be no more than 25,000 enlisted men in the Army at any one time, unless otherwise authorized by law." This provision was repeated in the acts of May 4, 1880 (21 Stat. 110), February 24, 1881 (id., 346), June 30, 1882 (22 Stat. 117), March 3, 1883 (id., 456), July 5, 1884 (23 Stat. 107) and March 3, 1885 (id., 357). The act of March 1, 1887 (24 Stat. 435), which provided that the enlisted force of the Hospital Corps should be in excess of the strength authorized by law, was expressly repealed by the act of March 8, 1898 (30 Stat. 261), which fixed the enlisted strength of the Army at 26,610.

2

(The native force mentioned in the Philippine Scouts see post, pars. 335-340.) As to the authorized enlisted strength of the various arms of the service, see G. O. 8, War Dept., 1912, and orders amendatory thereof, and G. O. 67, War Dept., 1913; see also sec. 10, act of April 25, 1914 (Public No. 90, 38 Stat. —), chapter entitled Volunteers, par. 1391, which provides that in time of war or while war is imminent all organizations of the land forces in the military service of the United States shall be recruited and maintained as near their prescribed strength as practicable.

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