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out of such organizations the records pertaining to them shall be transferred to and filed in The Adjutant General's Office. And regimental and all other medical officers serving with volunteer troops, or with militia organizations in the service of the United States, in the field or elsewhere, shall keep a daily record of all soldiers reported sick or wounded, as shown by the morning calls or reports, and shall deposit such reports with other reports provided for in this section, in The Adjutant General's Office, as provided for herein for other reports, returns, and muster rolls. Sec. 9, id., 350.

1391. Same-recruiting and maintenance of in time of War, etc.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. For this purpose the necessary rendezvous and depots shall be established by the Secretary of War for the enlistment and training of all recruits, and in order that officers may be available for recruiting duty the President is authorized, by and with the advice and consent of the Senate, to appoint officers of Volunteers of the proper arm of the service, additional to those elsewhere herein authorized, in numbers not to exceed at the rate of one major, four captains, five first lieutenants, and five second lieutenants for each organized regiment of Cavalry, Field Artillery, or Infantry, each three battalions of Engineers, or each twelve companies of Coast Artillery; that for purposes of instruction and discipline the troops at recruit depots herein authorized may be organized into companies and battalions, at the discretion of the Secretary of War, with noncommissioned officers and privates of such grades and numbers as may be prescribed by the President. The recruit rendezvous and recruit depots herein prescribed shall be under the direct control of the Secretary of War, and shall render their reports and returns to The Adjutant General of the Army: Provided, That to maintain the organized land militia organizations in the military service of the United States at their maximum strength the recruiting rendezvous and depots in any State or Territory may, at the request of the governor thereof, enlist and train recruits for the organized land militia organizations in the service of the United States from said. State or Territory. Sec. 10, id.

1392. Same-organization of recruiting system for.-That in the organization of a recruiting system, after Congress shall have authorized the raising of volunteer forces, the President is authorized to employ retired officers, noncommissioned officers, and privates of the Regular Army, either with their rank on the retired list or, in the case of enlisted men, with increased noncommissioned rank; or he may, by and with the advice and consent of the Senate, appoint and employ retired officers below the grade of colonel, with increased

volunteer commissioned rank not to exceed in the case of any officer one grade above that held by him upon the retired list, or retired enlisted men with volunteer commissioned rank not above the grade of first lieutenant: Provided, That retired officers and enlisted men while thus employed shall not be eligible for transfer to the field units,,but shall receive the full pay and allowances of the respective grades in which they are serving, whether volunteer or regular, in lieu of their retired pay and allowances: Provided further, That upon the termination of the duty or, in case of those given volunteer rank, upon muster out as volunteers said retired officers and enlisted men shall revert to their retired status. Sec. 11, id.

1393. Same-assignment and transfer of officers of.—That, except as otherwise specifically prescribed by law, all officers provided for in this act shall be subject to such assignments of duty and such. transfers as the President may direct: Provided, That medical officers of Volunteers when detailed as consulting surgeons shall not exercise command over the hospitals to which they may be assigned for duty, except that by virtue of their commissions they may cominand all enlisted men: Provided further, That medical inspectors shall be detailed for duty with each army, field army, or army corps, and division, and for the base and lines of communications, and that no officer shall be detailed for duty as a medical inspector except he be experienced in military sanitation. Sec. 12, id., 351.

1394. Same-pay, allowances and pensionable status of. That all officers and enlisted men of the volunteer forces shall be in all respects on the same footing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades in the Regular Army. Sec. 13, id.

1395. Same-repeal of all laws in conflict with.-That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. Sec. 14, id.

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1396. Detail of Army officers.-The President may require any military officer of the United States to execute the duties of an Indian agent; and when such duties are required of any military officer, he shall perform the same without any other compensation than his actual traveling expenses.1 Sec. 2062, R. S.

1397. Same. Hereafter the President may detail officers of the United States Army to act as Indian agents at such agencies as, in the opinion of the President, may require the presence of any army officer, and while acting as Indian agents such officers shall be under the orders and direction of the Secretary of the Interior.2 Act of July 1, 1898 (30 Stat. 573).

1398. Compensation for extra services.-No compensation beyond their actual expenses for extra services shall be allowed any Indian

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1 Officers of the Army acting as Indian agents at places where there are suitable quarters provided by the Government are not entitled to commutation of quarters. (4 Comp. Dec., 212; 3 id., 223.)

"The acts of July 1, 1898 (30 Stat. 573), March 2, 1899 (id., 926), and May 31, 1900 (31 id., 224), have contained the requirement that the sums appropriated for compensation of Indian agents "shall not take effect or become available in any case for or during the time in which any officer of the Army of the United States shall be engaged in the performance of the duties of Indian agent at any of the agencies" named therein.

agent or subagent for services when doing duty under the order of the Government, detached from their agency and the boundary of the tribe to which they are agents or subagents. Sec. 2063, R. S.

1399. Army officer to witness issues.-The superintendent, agent, or subagent, together with such military officer as the President may direct, shall be present and certify to the delivery of all goods and money required to be paid or delivered to the Indians. Sec. 2088,

R. S.

1400. Removal of unauthorized settlers.-Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands.2 Sec. 2118, R. S.

1401. Sale of cattle, etc., of Indians.-The agent of each tribe of Indians, lawfully residing in the Indian country, is authorized to sell for the benefit of such Indians any cattle, horses, or other live stock belonging to the Indians, and not required for their use and subsistence, under such regulations as shall be established by the

'An officer of the Army who, under proper authority, witnesses and certifies to the issue of annuity goods to Indians is entitled to actual traveling expenses, but not to mileage, while traveling in the performance of such duty, such expenses to be paid from the proper Indian appropriation. (5 Comp. Dec., 982.) "Worcester v. Georgia, 6 Peters, 515; Clark v. Smith, 13 id., 195; Lattimer v. Poteet, 4 McLean, 82.

The term "Indian country" contained in section 1 of the act of June 30, 1834 (4 Stat. 79), though not incorporated in the Revised Statutes, and though repealed simultaneously with their enactment, may be referred to in order to determine what is meant by the term when used in statutes; and it applies to all the country to which the Indian title has not been extinguished within the limits of the United States, whether within a reservation or not, and whether acquired before or since the passage of that act. (Ex parte Crow Dog, 109 U. S., 556; Bates v. Clark, 95 U. S., 204. See also, as to the status of the Indian Territory, Cook v. U. S., 138 U. S., 157.)

Held (October, 1877) that the term "Indian country," as employed in the statutes régulating trade and intercourse with the Indians (see, particularly, ch. 4, title 28, Rev. Stat.), might properly be defined in general as including the following territory, viz: Indian reservations occupied by Indian tribes; other districts so occupied to which the Indian title has not been extinguished; any districts not in other respects Indian country over which the operation of those statutes may be extended by treaty or act of Congress. (Dig. J. A. G., 673, III A. See this opinion as adopted and incorporated in G. O. 97, Headquarters of Army, 1877; also, in the same connection, 14 Opins. Atty. Gen., 290; U. S. v. Forty-three Gallons of Whisky, 3 Otto, 188; Bates v. Clark, 5 id., 204; U. S. v. Seveloff, 2 Sawyer, 311. That, in view of the act of March 3, 1873, extending to it certain provisions of the act of June 30, 1834, the Territory of Alaska is "Indian country," so far as concerns the introduction and disposition of spirituous liquor, and that persons violating such provisions may therefore be arrested by military force, see In re Carr, 3 Sawyer, 316; also citation from same case in note to Alaska, sec. 2, and 14 Opins. Atty. Gen., 327; Patchen v. U. S., 11 Fed. Rep., 47; U. S. v. Forty-three Cases of Cognac Brandy, 14 id., 539.)

Secretary of the Interior. But no such sale shall be made so as to interfere with the execution of any order lawfully issued by the Secretary of War connected with the movement or subsistence of troops. Sec. 2127, R. S.

1402. Penalty for removing cattle.-Every person who drives or removes, except by authority of an order lawfully issued by the Secretary of War, connected with the movement or subsistence of troops, any cattle, horses, or other stock from the Indian country for the purposes of trade or commerce, shall be punishable by imprisonment for not more than three years, or by a fine of not more than five thousand dollars, or both. Sec. 2138, R. S.

INTRODUCING LIQUOR INTO THE INDIAN COUNTRY-SALES TO INDIANS.

1403. Penalty for sales, etc.-No ardent spirits, ale, beer, wine, or intoxicating liquor or liquors of whatever kind shall be introduced, under any pretense, into the Indian country. Every person who sells, exchanges, gives, barters, or disposes of any ardent spirits, ale, beer, wine, or intoxicating liquors of any kind to any Indian under charge of any Indian superintendent or agent, or introduces or attempts to introduce any ardent spirits, ale, wine, beer, or intoxicating liquor of any kind into the Indian country shall be punished by imprisonment for not more than two years and by fine of not more than three hundred dollars for each offense. But it shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority in writing from the War Department, or any officer duly authorized thereunto by the War Department. All complaints for the arrest of any person or persons made for violation of any of the provisions of this act shall be made in the county where the offense shall have been committed, or if committed upon or within any reservation not included in any county, then in any county adjoining such reservation, and if in the Indian Territory, before the United States court commissioner or commissioner of the circuit court of the United States residing nearest the place where the offense was committed who is not for any reason disqualified; but in all cases such arrests shall be made before any United States court commissioner residing in such adjoining county or before any magistrate or judicial officer authorized by the laws of the State in which such reservation is located to issue warrants for the arrest and examination of offenders by section ten hundred and fourteen of the Revised Statutes of the United States. And all persons so arrested shall, unless discharged upon examination, be held to answer and stand trial before the court of the United

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