Page:United States Statutes at Large Volume 39 Part 1.djvu/233

 212 SIXTY-FOURTH CONGRESS. Sess. I. Ch. 134. 1916. ¤*"°*'*'· °‘“‘°· the Regular Army, through appointments of officers thereof to higher rank in organizations composedo of members taken from the National Guard, shall be filled by temporary promotions according to seniority 111'I8.!.lk from officers holding commissions m the negrt lower grade IH said arm, staff corps, or department, and all vacancies create in any grade bydstuph temporary promotions shall_bet1lp hke tnianner fillfd rom, an us create tem mary vacancies in e nex ower gra e, and the vacancies that shas remain thereafter in said arm, staff corps, or department and that can not be filled bg temporary promotions, as prescribed in this section, may be filled y the temporarg appointment of officers of such number and grade or grades as sha mamtam said arm, corps, or department at the full commissioned strength gh-, · n authorized by law: Promkied, That in the staff corps and departments subject to the lprovisions of sections twenty-six and twenty- seven of the Act of ebruary second, nineteen hundred and one, and Acts amendatory thereof, temporary vacancies that can not be v°,_u_P_,55_ filled by temporary promotions as hBI‘B1DbBfoI0. HbBtl shall be filled by temporary etails m the manner prescn m said sections twenty-sur and twenty-seven,  Acts amendatory thereof, and the resulting temporary vacancies in the branches of the  from _ hmmm which the etails shall be so made shall be filled as hereinbe ore in this section prescribed: Provided further, That officers temgprarily promoted or appointed under the terms of this section shall e promoted or aplpointed by the President, by and with the advice and consent of e Senate, for terms that shall not extend beyond the war or the passing of the emergency for which additional forces were brought into the military service of the United States, and at the termmation of the war or the passing of the emergency said officers shall be discha.rged_from the positions held by them under their temporary commissions or appointments,  officers detailed _ as herein authorized shall be relieved from their temporary details: ¤§ t °°"°° Andprovided further, That officers temporarily promoted under the provisions of this section_shall not vacate their permanent commisgons nor be prejudiced m their relative or lineal standing in the _ e ar Arm . ,,,E`,‘§?'“‘”' °‘“‘“"“' gil;. 115. `Psvsrcar. nxaMmA·r1oN.—Eve1;¥r officer and enlisted Wm ¤=¤=*¤¤<¤ l¤- man of the National Guard who shall be calle into the service of the United States as such shall be examined as to his hysical fitness Pmm under such_ regulationsas the President ma prescrige without furameoimgo. ther commission or enlistment: Prmnkled, Tgat immediatel preceding the muster out of an officer or enlisted man called into time active service of the United States he shall be ph icall examinedunder rules dprescribed Alay the President of the United States, and the recor thereof sh be filed and kept in the War Department. ,,§"g,*§ ‘§‘;""‘Y,,,’}"’,,,,,"°}'g, Sec. 116. NonoonrrLrsNom_wrrn Fnnnnu. Acr.——Whenever any xngr wm require State shall, within a limit of time to be fixed by the President, have ` failed or refused to comply with or enforce any requirement of this Act, or any regulation&1;:omulgated thereunder and in aid thereof by the President or the rotary of War, the National Guard of such State shall be debarred, wholly or in part, as the President ma direct, from receiving from the United States an pecuniary or o&er aid, penefit, or privilege authorized or provided, by this Act or any other aw. ,,$,*;*{,'f,?}‘j‘° ‘° '“"“ Sec. 117. Armcsntn ro  roaons om.r.—The provisions of this Act in respect to the mihtia shall be applicable only to militia organized as a land force and not to the Naval Militia, which shall mm consist of such part of the militia as may be prescribed by the Presih,§,t?, Qongu, md, dent for each State, Territory, or District:  That each State, PW; m Territory, or District maintaining a Naval Militia as herein prescribed Aw m may be credited to the eigtent of the number thereof in the quota that ’ P` ° would 0l»h9l'W!SB be 1‘6qU11‘Bd by section sixty-two of this Act.