and to enforce by attachment attendance of witnesses and the production of books and papers, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. 55. All processes and sentences of said courts shall be executed by such civil officers as may be prescribed by the laws of the several States and Territories and in any State where no provision shall have been made for such action, and in the Territories and the District of Columbia, such processes and sentences shall be executed by a United States marshal, or his duly appointed deputy, and it shall be the duty of any United States marshal to execute all such processes and sentences and make return thereof to the officer issuing or imposing the same.

56. Each enlisted man belonging to an organization of the National Guard, other than enlisted men of the sixth and seventh grades, shall receive compensation at the rate of onethirtieth of the initial monthly pay of his grade in the Regular Army for each drill ordered for his organization where he is officially present and in which he participates for not less than 11⁄2 hours, not exceeding 8 in any one calendar month and not exceeding 60 drills in one year. For enlisted men of the sixth grade, the armory drill pay shall be $1.15 and for those of the seventh grade shall be $1 for each ordered drill under the above conditions prescribed for other enlisted men. Stoppages may be made against the compensation payable to any officer or enlisted man hereunder to cover the cost of public property lost or destroyed by and chargeable to such officer or enlisted man. Pay for each day of field training will be the same as that for each armory drill.

57. The National Guard, when called as such into the service of the United States, shall, from the time they are required by the terms of the call to respond thereto, be subject to the laws and regulations governing the Regular Army, so far as such laws and regulations are applicable to officers and enlisted men whose permanent retention in the military service, either on the active list or on the retired list, is not contemplated by existing law.

58. When Congress shall have authorized the use of the armed land forces of the United States for any purpose requiring the use of troops in excess of those of the Regular Army, the President may, under such regulations, including such physical examination as he may prescribe, draft into the military service of the United States, to serve therein for the period of the war or emergency, unless sooner discharged, any or all members of the National Guard and of the National Guard Reserve. All persons so drafted shall, from the date of their draft, stand

discharged from the militia, and shall be subject to such laws and regulations for the government of the Army of the United States as may be applicable to members of the Army, whose permanent retention in the military service is not contemplated by law. Officers and enlisted men while in the service of the United States under the terms of this section shall have the same pay and allowances as officers and enlisted men of the Regular Army of the same grades and the same prior service. On the termination of the emergency all persons so drafted shall be discharged from the Army, shall resume their membership in the militia, and, if the State so provide, shall continue to service in the National Guard until the dates upon which their enlistments entered into prior to their draft would have expired if uninterrupted.

59. When any officer or enlisted man of the National Guard drafted into the service of the United States in time of war is disabled by reason of wounds or disability received or incurred while in the active service of the United States in time of war, he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer or enlisted man dies in the active service of the United States in time of war or in returning to his place of residence after being mustered out of such service, or at any other time in consequence of wounds or disabilities received in such active service, his widow and children, if any, shall be entitled to all the benefits of such pension laws.

60. The provisions of the national defense act in respect to the militia shall be applicable only to militia organized as a land force and not to the Naval Militia, which shall consist of such part of the militia as may be prescribed by the President for each State, Territory, or District: Provided, That each State, Territory, or District maintaining a Naval Militia as herein prescribed may be credited to the extent of the number thereof in the quota that would otherwise be required by section 62, national defense act.

RANK AND PRECEDENCE

(A. R. 600-15 and 600-20 and N. G. R. 35)

61. Military rank defined.-Military rank is that character or quality bestowed on military persons which marks their station and confers eligibility to exercise command or authority in the military service within the limits prescribed by law. It is divided into degrees or grades which mark the relative positions and powers of the different classes of persons possessing it.

62. How rank held or conferred.-Rank is generally held by virtue of office or grade in the Army, but may be conferred independently of either, as in the case of retired officers, of those holding it by brevet, or by special assignment as provided for in the one hundred and nineteenth article of war.

63. Precedence, or relative rank, among officers of › same grade. Unless special assignment is made by the President under the provisions of the one hundred and nineteenth article of war, all officers in the active service of the United States in any grade shall take rank according to date, which, in the case of an officer of the Regular Army, is that stated in his commission or letter of appointment, and, in the case of an officer of the National Guard called into the service of the United States or a reserve officer, shall precede that on which he is placed on active duty by a period equal to the total length of active Federal service and service under the provisions of sections 94, 97, and 99 of the national defense act which he may have performed in the grade in which called, or any higher grade. When dates of rank are the same, precedence shall be determined by length of active commissioned service in the Army. When length of such service is the same, officers of the Regular Army shall take rank among themselves according to their places on the promotion list, preceding reserve and National Guard officers of the same date of rank and length of service, who shall take rank among themselves according to age. 64. Officers of Marine Corps, when attached. Officers of the Marine Corps, when attached for service with the Army by order of the President and while serving with the Army under that order, are upon equal footing with officers of the Regular Army and their relative rank shall be determined in the manner set forth in the preceding paragraph.

65. Relative rank between officers of Army and Navy.-The relative rank between officers of the Army and Navy is as follows:

General with admiral.

Lieutenant general with vice admiral,

Major general with rear admiral.

Brigadier general (no relative rank in Navy).

Colonel with captain.

Lieutenant colonel with commander.

Major with lieutenant commander.

Captain with lieutenant.

First lieutenant with lieutenant (junior grade).

Second lieutenant with ensign.

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66. Warrant officers, noncommissioned officers.-Between warrant officers of the same grade and subgrade, if any, and between noncommissioned officers of the same grade precedence is determined:

a. According to the date of rank stated in their warrants. b. When such dates of rank are the same, by length of active service in the Army.

c. When such dates of rank and length of active service in the Army are the same, by length of service in the Marine Corps or Navy.

d. When the foregoing tests are not sufficient, by lot.

COMMAND

(A. R. 600-20 and N. G. R. 35)

67. Right of command, how acquired.-Command is exercised by virtue of office and the special assignment of officers holding military rank who are eligible by law to exercise command. Officers of the Army are assigned to stations or commands where their services are most required, and are there assigned to appropriate duties by the commanding officer. Without orders from competent authority an officer can not put himself on duty by virtue of his commission alone, except as contemplated in subsequent paragraphs.

68. Certain officers limited in exercise of.-Officers of the General Staff, chiefs of combatant branches or officers on duty in the offices of such chiefs, officers of The Adjutant General's Department, Inspector General's Department, Judge Advocate General's Department, Finance Department, Ordnance Department, Quartermaster Corps, or Chemical Warfare Service, or an officer of the line detailed for duty in any of these branches or with the Militia Bureau or the Bureau of Insular Affairs, though eligible to command, according to his rank, will not assume command of troops, except those of his branch or bureau or that in which he is on duty, unless put on duty under orders which specifically so direct by authority of the President. An officer of the Medical Department can not exercise command, except in his own branch, but any staff officer, by virtue of his commission, may command all enlisted men like other commissioned officers.

69. Appropriate command.-The following are the commands appropriate to each grade:

a. For a lieutenant (first or second), a platoon.

b. For a captain, a company.

c. For a major, a battalion.

d. For a lieutenant colonel, any part of a regiment larger than a battalion, a regiment, or a battalion in the absence of its commanding officer.

e. For a colonel, a regiment.

f. For a brigadier general, a brigade.
g. For a major general, a division.
h. For a lieutenant general, a corps.

i. For a general, an army.

70. Death, disability, or absence of head.-In the event of the death, disability, or temporary absence of the head, or the person in command or in charge of any element of the War Department or of the Army, the next senior present and on duty therein or therewith, wherever he may be stationed, will, except as otherwise ordered or required, exercise the functions of such head, or person in command or in charge, until relieved by proper authority.

71. Absence or disability of all officers of a unit.-In the event of the death, disability, or absence of all the officers of a unit, the post or other commander will assign an officer, preferably from the organization to which the unit belongs, to its command.

72. Functions of temporary command.-The functions assigned to any officer by title of office devolve upon the officer acting in his place except when otherwise specified. An officer in temporary command shall not, except in urgent cases, alter or annul the standing orders of the permanent commander without authority from the next higher commander.

73. Successor in command. An officer who succeeds to any command or duty stands in regard to his duties in the same situation as his predecessor. The officer relieved will turn over to his successor all orders in force at the time and all the public property and funds pertaining to his command or duty.

74. Power to quell quarrels, frays, and disorders.—All officers, members of the Army Nurse Corps, warrant officers, and noncommissioned officers have power to part and quell all quarrels, frays, and disorders among persons subject to military law and to order officers who take part in the same into arrest, and other persons subject to military law who take part in the same into arrest or confinement, as circumstances may require, until their proper superior officer is acquainted therewith. (Sixty-eighth article of war.)

75. Suspension from command.-An officer in arrest can not exercise command of any kind. An officer may also be suspended from command by sentence of a court-martial. Sus