478. Detail of naval officers with the War Department.-The President may detail, temporarily, three competent naval officers for the service of the War Department in the inspection of transport vessels, and for such other services as may be designated by the Secretary of War. R. S. 1437.

479. Duty on shore by the Marine Corps.-The Marine Corps shall be liable to do duty in the forts and garrisons of the United States, on the sea-coast, or any other duty on shore, as the President, at his discretion, may direct. R. S. 1619.

480. Medical personnel of the Navy subject to the Articles of War when serving with the Army.-Officers and enlisted men of the Medical Department of the Navy, serving with a body of marines detached for service with the Army in accordance with the provisions of section sixteen hundred and twenty-one of the Revised Statutes, shall, while so serving, be subject to the rules and articles of war prescribed for the government of the Army in the same manner as the officers and men of the Marine Corps while so serving. Act of Aug. 29, 1916 (39 Stat. 573), making appropriations for the naval service.

481. Marine Corps subject to rules and Articles of War when serving with Army. The Marine Corps shall, at all times, be subject to the laws and regulations established for the government of the Navy, except when detached for service with the Army by order of the President; and when so detached they shall be subject to the rules and articles of war prescribed for the government of the Army. R. S. 1621.

See art. 2, Articles of War, ch. 53, post.

Notes of Decisions.

Marine Corps serving with Army.-Under this section a private in a brigade of the Marine Corps is not, while the brigade is detached for service with the Army, subject to the laws and regulations of the Navy, and a naval court-martial has no jurisdiction over him. U. S. v. Waller (D C 1915), 225 Fed. 673.

The Marine Corps is a part of the naval establishment, and is subject to the laws and regulations for the government of the Navy, save in the single instance when it

has been "detached for service with the Army by order of the President." (1909) 28 Op. Atty. Gen. 15.

When any part of the Marine Corps is present with the Army and engaged in a common enterprise with it, without an order of the President detaching it for service with the Army, the case is one of cooperation and not of incorporation, and in such a case no officer of the Marine Corps can exercise command over the Army any more than a naval officer can when some

part of the Navy is cooperating with the Army; and the converse is true of Army officers cooperating with the Marine Corps.. Id.

Liability of an officer of the corps of marines to trial by Navy court-martial de

pends upon whether his misconduct took place while he was employed in the land service or whether it took place while he was employed with the Navy. (1817) 5 Op. Atty. Gen. 706.

* * Hereafter no law

432. Rations for Marine Corps on shore duty.shall be construed to entitle enlisted men on shore duty to any rations or commutation therefor other than such as are now or may hereafter be allowed enlisted men in the Army: Provided, That when it is impracticable or the expense is found greater to supply marines serving on shore duty in the island possessions and on foreign stations with the Army ration, such marines may be allowed the Navy ration or commutation therefor. Act of March 4, 1917 (39 Stat. 1189), making appropriations for the naval service: Provisions, Marine Corps.

483. Camp equipage and transportation. The officers of the Quartermaster's Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. R. S. 1135.

Similar provisions that the officers of the Subsistence Department should furnish rations to naval and marine detachments were made by R. S. 1143, post, 920.

Notes of Decisions.

Service of Marine Corps with Army.— When the Marine Corps is detached for service with the Army, and put on duty in

forts and garrisons, it receives stores from the quartermaster for the Army. Reid v. U. S. (1883), 18 Ct. Cl. 625.

484. Secretary of War.-There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof. R. S. 214. See 240

Notes of Decisions.

the President. (1884), 18 Op. Atty. Gen. 58.

Acts establishing department.-The De- | 2, which vests the power of appointment în partment of War was created, with "a principal officer therein, to be called the Secretary for the Department of War," by act Aug. 7, 1789 (1 Stat. 49). In re Heunen (1839), 13 Pet. 230, 259, 10 L. Ed. 138; (1835) 7 Op. Atty. Gen. 453, 461,

Nothing was said in the act creating the department as to the method of appointing the Secretary; the matter was left to the provision of the Constitution, art. 2, sec.

Powers and Duties of Secretary.-The powers and duties of all officers of the United States are limited and defined by the Constitution and laws of Congress, and on the question of the authority of the Secretary of War, the court must look mainly to the acts of Congress. Pierce v. U. S. (1868), 7 Wall. 666, 677, 19 L. Ed. 169.

485. Acting Secretary of War.Provided, That the President may authorize and direct the commanding general of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his temporarily performing such duties. Act of Aug. 5, 1882 (22 Stat. 238), making appropriations for legislative, executive and judicial expenses.

R. 8. sec. 179, ante, 171, referred to in this section, empowered the President, in case of the death, resignation, absence, or sickness of the head of any department, except the Attorney General, to authorize the head of any other department, or any other officer in either department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform temporarily the duties of the vacant office.

R. S. sec. 1222, post, 2373, also referred to in this section, provided that no officer of the Army on the active list should hold any civil office.

486. Assistant Secretary of War.-Hereafter, in addition to such other duties as may be assigned him by the Secretary of War, the Assistant Secretary of War, under the direction of the Secretary of War, shall be charged with supervision of the procurement of all military supplies and other business of the War Department pertaining thereto and the assurance of adequate provision for the mobilization of matériel and industrial organizations essential to war-time needs. The Assistant Secretary of War shall receive a salary of $10,000 per annum. There shall be detailed to the office of the Assistant Secretary of War from the branches engaged in procurement such number of officers and civilian employees as may be authorized by regulations approved by the Secretary of War. The offices of Second Assistant Secretary of War and Third Assistant Secretary of War are hereby abolished. * * Sec. 5a, added to the act of June 3, 1916, by sec. 5, act of June 4, 1920 (41 Stat. 764765).

Act of Mar. 5, 1890 (26 Stat. 17), provided as follows:

"There shall be in the Department of War an Assistant Secretary of War, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand five hundred dollars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law."

This act was amended by act of Apr. 6, 1918 (40 Stat. 515), providing that "There shall be in the Department of War an Assistant Secretary, a Second Assistant Secretary, and a Third Assistant Secretary, each of whom shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be entitled to a salary of $5,000 per annum, payable monthly, and the Second Assistant Secretary and Third Assistant Secretary shall each be entitled to a salary of $4,500 per annum, payable monthly, and shall perform such duties in the Department of War as shall be prescribed by the Secretary or as may be required by law."

A previous provision for the appointment of an Assistant Secretary, made by act Aug. 5, 1882, sec. 1 (22 Stat. 237), was repealed by act July 7, 1884, sec. 1 (23 Stat. 179), See ante, 169 and 171, with their notes.

Notes of Decisions.

Effect of act upon previous provision for conferring powers on chief clerk.-The act, by providing for an Assistant Secretary, required by R. S., sec. 177, ante, 169, to perform the duties of the Secretary during his temporary absence, did not wholly supersede the provision of act Mar. 4, 1874, post, 488, for authorizing the chief clerk during

such absence of the Secretary to sign requl. sitions, etc., and the chief clerk may still be authorized, during the temporary absence of both the Secretary and the Assistant Secretary, to sign requisitions, etc., as provided by said act. (1903) 24 Op. Atty. Gen. 646.

487. Assistant and chief clerk.-Section two hundred and fifteen is amended by adding at the end of the section the following: "There shall be in the said Department an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy, have the charge and custody of all records, books, and papers, appertaining to the said Department.” Act of Feb. 27, 1877 (19 Stat. 241), amending R. S. 215.

Provisions applicable to all the departments, relating to the duties of chief clerks were made by R. S. secs. 173, 174, 176, ante, 106, 108.

See also R. S. sec. 177, ante, 169.

488. Requisitions signed by the chief clerk.-That when, from illness or other cause, the Secretary of War is temporarily absent from the War Department, he may authorize the chief clerk of the Department to sign requisitions upon the Treasury Department, and other papers requiring the signature of said Secretary; the same, when signed by the chief clerk during such temporary absence, to be of the same force and effect as if signed by the Secretary of War himself. Act of Mar. 4, 1874 (18 Stat. 19).

Notes of Decisions.

489. Duties of the Secretary of War.-The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to military commissions, the military forces, the warlike stores of the United States, or to other matters respecting military affairs; and he shall conduct the business of the Department in such manner as the President shall direct. R. S. 216.

Provisions applicable to the War Department with other departments, requiring commissions of all officers under direction and control of the Secretary to be made out and recorded in the department, and the department seal affixed thereto, were made by act Ainr. 28, 1896, sec. 1, post, 2259.

Notes of Decisions.