ment-owned vehicles, while engaged in official business, upon the presentation of a certificate from their commanding officers to the effect that they are assigned to operate a Government vehicle and are qualified to drive, and upon proving to the satisfaction of the director of traffic that they are familiar with the traffic regulations of the District of Columbia: Provided, That operators of Federal Government-owned vehicles stationed outside of the District of Columbia shall not be required to have or obtain the operators' permits referred to above while operating such vehicles within the limits of the District of Columbia on transient or temporary official business of the Federal Government.

Any person who is a member of the military service of the United States or of any foreign nation with which the United States may be allied in the prosecution of any war and is entitled to any of the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, or who serves in the merchant marine as defined in the Act entitled 'An Act to provide reemployment rights for persons who leave their positions to serve in the merchant marine, and for other purposes', approved June 23, 1943, and who at the time of his entry upon such service was the holder of a valid permit to operate a motor vehicle in the District of Columbia, notwithstanding the subsequent expiration of such permit, shall be entitled to continue to operate a motor vehicle without obtaining a new permit therefor, subject to the conditions herein imposed. Such person shall, while operating a motor vehicle under the provisions of this Act, carry upon his person the last permit to operate a motor vehicle issued to him, which shall have been valid at the time of his entry into one of the services enumerated herein and shall not have been revoked or suspended subsquent thereto, and shall also carry upon his person conclusive evidence of the fact that he is a member of one of such services.

Any person applying for a new permit to operate an automobile who presents conclusive evidence to the Director of Vehicles and Traffic that he is physically qualified to operate an automobile, that the last permit issued to him has become invalid solely by expiration of time, that he is a member of one of the services enumerated herein or was a member thereof within three months of the date of his application for a new permit, and pays the fee required by law, shall be issued such new permit without examination. If any permit is lost, misplaced, or stolen, a duplicate shall be furnished by the Director of Vehicles and Traffic free of charge upon application and presentation of conclusive evidence that applicant is a member of one of the services enumerated herein. Sec. 7(a), act of Mar. 3, 1925 (43 Stat. 1121); sec. 2, act of July 3, 1926 (44 Stat. 812); act of Feb. 18, 1929 (45 Stat. 1226); act of June 20, 1939 (53 Stat. 850); sec. 1, act of Dec. 15, 1944 (58 Stat. 806).

This section has been amended as above. By section 2, act of December 15, 1944, supra, the mentioned act expires six months after the war unless sooner terminated by Congress.

By act of July 31, 1939 (53 Stat. 1143), engineers employed by the United States Government were exempted from the requirements of the act of February 28, 1887, regulating steam engineering in the District of Columbia.

310f. Regulations in the District of Columbia; practice of dentistry. The language of this section was repeated in an act for the regulation of the practice of dentistry in the District of Columbia of July 2, 1940 (54 Stat. 721).

310g. Regulations in the District of Columbia; practice of podiatry.Nothing in this Act shall apply ***; to a podiatrist of the United States Army, Navy, Public Health Service, or Veterans' Administration, in the

discharge of his official duties,

Stat. 700).

*

* Sec. 12, act of June 29, 1940 (54

This section is from an act to regulate practice of podiatry in the District of Columbia.

310h. Regulations in the District of Columbia; restaurants and other eating establishments.-That the regulations now or hereafter adopted or promulgated by the Commissioners of the District of Columbia for the protection of health, including the penalty provisions of such regulations, shall extend and apply to all restaurants, coffee shops, cafeterias, shortorder cafes, luncheonettes, soda fountains, and all other eating and drinking establishments, operated within the District of Columbia on premises owned or held under lease by the Government of the United States or any Federal department or agency, irrespective of whether such establishments are operated by the United States or any Federal department or agency or by any other person, firm, association, or corporation, and also irrespective of whether such establishments are operated for profit or otherwise. Sec. 1, act of Dec. 20, 1944 (58 Stat. 826).

313. Restoration to grade; enlisted men discharged to accept commission.

That hereafter any warrant officer or enlisted man of the Regular Army who shall serve on active duty as a Reserve officer of the Army of the United States or who shall be discharged to accept a commission in the Army of the United States and whose active service as a commissioned officer shall terminate honorably, shall be entitled, without regard to any physical disqualification incurred, or having its inception, while on active duty in line of duty, to reappointment as warrant officer or to reenlistment in the grade held prior to such commissioned service, without loss of service or seniority and without regard to whether a vacancy exists in the grade of warrant officer or in the appropriate enlisted grade: Provided, That application for reappointment or reenlistment shall be made within six months after the termination of such commissioned service in each case * * Sec. 1, act of July 14, 1939 (53 Stat. 1001); 10 U. S. C. 631a.

The above provision is added as a new paragraph of this section.

Section 2, act of July 14, 1939, supra, repeals the original text of this section based on act of March 30, 1918 (40 Stat. 501); 10 U. S. C. 631.

315. Restrictions on activities; civil office.

*

*

Fourth. No person belonging to the Army, Navy, Marine Corps, or Coast Guard shall be elected to or hold any civil office or appointment in any Territory, except officers and enlisted men of the Army, the Navy, the Marine Corps, or the Coast Guard on the retired list, and except officers of the Coast Guard who heretofore have been, or hereafter may be, appointed as United States Commissioners or United States Deputy Marshals in and for the Territory of Alaska. R. S. 1860; act of Mar. 3, 1883 (22 Stat, 567); act of July 31, 1939 (53 Stat. 1143); 48 U. S. C. 1460.

*

(b) This section shall not apply to any person whose retired pay, plus civilian pay, amounts to less than $3,000: Provided, That this section shall not apply to regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United States or for disabilities resulting from an explosion of an instrumentality of war in line of duty during an enlistment or employment as provided in Veterans Regulation Numbered 1(a), part I, paragraph Ị. Sec. 212, Title II, act of June

30, 1932 (47 Stat. 406); sec. 3, act of July 15, 1940 (54 Stat. 761); 5 U. S. C. 59a.

* * * Provided further, That section 212 of the Act of June 30, 1932 (5 U. S. C. 59a), shall not apply to retired military personnel on duty at the United States Soldiers' Home: * ** * Military Appropriation Act of June 28, 1944 (58 Stat. 575); 5 U. S. C. 59b.

The second paragraph and subdivision (b) of the third paragraph of the original text have been amended as above.

The third provision, supra, is added as a new paragraph of this section.

By section 3, Emergency Supplemental Appropriation Act of February 12, 1940 (54 Stat. 28), Lt. Col. Philip B. Fleming was authorized to hold the office of Administrator of the Wage and Hour Division in the Department of Labor without loss of or prejudice to his status as a commissioned officer on the active list of the United States Army, with total pay and allowances prescribed by law for such civil office.

By section 1(g), public resolution of June 30, 1939 (53 Stat. 929), and section 1(j), public resolution of June 26, 1940 (54 Stat. 611), the President was authorized to detail an officer on the active list of the Army as Commissioner of Work Projects with total pay and allowances of $10,000 per annum while so detailed.

By public resolution of July 11, 1940 (54 Stat. 748), Col. Donald H. Connolly, Corps of Engineers, was authorized to hold the office of Administrator of Civil Aeronautics without loss of or prejudice to his status as a commissioned officer on the active list of the United States Army, with total pay and allowances prescribed by law for such civil office.

By public resolution of September 24, 1940 (54 Stat. 958), Commander Howard L. Vickery, United States Navy, was authorized to hold office as member of the United States Maritime Commission, on a similar basis.

The Second Supplemental National Defense Appropriation Act of October 28, 1941 (55 Stat. 748), 10 U. S. C. 576a, authorizes the appointment of a commissioned officer on the active list of the United States Army to the office of Federal Works Administrator without loss of or prejudice to his status as such commissioned officer, to receive, in addition to his pay and allowances as such commissioned officer, an amount equal to the difference between such pay and allowances and the salary prescribed by law for the office of Federal Works Administrator.

The act of July 2, 1942 (56 Stat. 634), authorized the Secretary of War to detail temporarily a commissioned officer of the Army of the United States, on active duty, to the Federal Works Agency, without loss or prejudice to his status as such officer, to perform the functions of the office of chief engineer in the office of the Administrator of such Agency.

Notes of Decisions

Academy laundry had been built, equipped and maintained by the United States Government, and was a facility owned and operated by the Government, it is held that the plaintiff, although not paid from appropriated funds, was paid from a fund belonging to the United States Government, derived from money collected for services rendered by the said facility of the Government, and plaintiff accordingly was a "person holding a civilian office or position under the

Retired personnel. Where enlisted man in propriated moneys, and where the said Naval the United States Army, having served as commissioned officer in the World War, was retired, under the provisions of Section 8 of the Act of June 6, 1924, on the retired pay of a warrant officer, it is held that his pay comes under the provisions of Section 212 (a) of the Act of June 30, 1932 (the "Economy Act") when such retired pay, combined with the annual rate of compensation of a civilian position under the United States Government, held by him, exceeds $3,000 per num. Michael T. Hayes v. U. S. (1939), 88 United States Government" within the meanCt. Cl. 309. ing of the Economy Act of June 30, 1932. Sullivan v. U. S. (1940), 92 Ct. Cl. 154.

an

Where plaintiff, a retired officer of the United States Navy, receiving retired pay of his rank, $2,160 per year, was employed as chief laundryman at the United States Naval Academy, drawing a salary of $2,000 per year, which salary was paid from the Naval Academy laundry fund, said fund being made up from amounts received from officers, instructors, and midshipmen, and not from ap- as

National Guard and Reserve officers.-The Supreme Court, in determining whether, under existing statutory and constitutional provisions, the chairman and executive director of the Unemployment Compensation Commission was entitled to receive compensation director after accepting appointment as

The constitutional provision that no person holding lucrative office under United States shall be eligible to any civil office of profit under State does not mean that State officer, on whom additional duties are imposed by President of United States under Federal Constitution and laws in aid of raising and maintenance of army for prosecution of war, forfeits his office. Id.

A city councilman, holding commission as officer of National Guard unit called into active military service of United States, is "officer called out in actual duty" within

major in the United States Army under joint resolution of Congress authorizing the President to call the National Guard into Federal service, was required to assume that those in charge of military affairs of the Nation and State would conduct themselves so as to protect the rights of the people and the administration of their affairs by their public officers. 50 U. S. C. App. 401. Carpenter v. Sheppard (Tex., 1940), 145 S. W. (2d) 562; certiorari denied (1941), 312 U. S. 697. Under statutory and constitutional provisions, the chairman and executive director of the Unemployment Compensation Com- code section exempting such officers from mission did not vacate his office as director by accepting appointment as major in the United States Army under joint resolution of Congress authorizing the President to call the National Guard into Federal service, and where he continued, after such acceptance, to discharge the duties of his office as director, he was not barred from receiving payment of his salary as such under constitutional provision prohibiting one who holds an "office of profit or trust" under the United States from exercising an "office of profit or trust" under the State. 10 U. S. C. 576; 32 U. S. C. 81; Selective Training and Service Act of 1940, sec. 1, et seq.; 50 U. S. C. Appendix, sec. 301 et seq., 401 et seq.; Const. art. 1, sec. 8. Id.

A circuit clerk who retained his commission as captain in the National Guard, after his unit was ordered into active service for twelve months, was not a "person holding or exercising an office of trust or profit under the United States" within terms of constitutional prohibition against such persons holding State office, and was not barred from continuing as clerk of circuit court on ground of holding incompatible offices. 50 U. S. C. App. 401 et seq.; 32 U. S. C. 81 et seq. Kennedy v. Cook (Ky., 1940), 146

application of preceding section disqualifying Federal officers from holding offices under State Constitution, as such exemption applies not merely to National Guard officers in Federal service while attending weekly drills or annual maneuvers, but to any actual duty, for which such officers may be called out under Federal statutes, in service of United States. 32 U. S. C. 81; Army Reserve and Retired Personnel Service Law of 1940, 50 U. S. C. App. 401; U. s. c. Const. art. 1, sec. 8, cls. 15, 16; art. 2, sec. 2. City of Lynchburg v. Suttenfield (Va., 1941), 13 S. E. (2d) 323.

Under constitutional provision permitting members of the General Assembly who are otherwise prohibited from holding other public offices to be militia officers and permitting other State and municipal officers to be officers of the militia at the same time, which provisions make no exception when the militia is called into the services of the United States as is made in the case of the governor in his capacity as commander in chief of the militia, there is no legal incompatibility in holding the office of circuit judge and colonel in the National Guard. Mo. R. S. A. Const. art. 4, sec. 12; art. 5, sec. 7; art. 9, sec. 18. State ex rel McGaughey v. Grayston (Mo., 1942), 163 S. W.

S. W. (2d) 56. The (State) constitutional provision that (2d) 335. DO person holding lucrative office under A major in the Reserve corps of the United States shall be eligible to any civil United States Army, who was called to office of profit under State cannot be conactive duty during national emergency, held strued or applied so as to discourage public an "office of trust or profit" within meaning employees from rendering military or naval of constitutional provision (State) and hence service, deter them from answering or induce the major could not hold the office of mayor them to evade call to such service, or im- in city after entering into active military pede Federal Government's efforts to mobi- service. Commonwealth ex rel Crow v. lize citizenry to meet major Smith (Pa., 1942), 23 A. (2d) 440. emergency. McCoy v. Board of Supervisors of Los Angeles County (Calif., 1941), 114 P. (2d) 569. The constitutional provision that no son holding lucrative office under United States shall be eligible to any civil office of profit under State is inapplicable to State officer whose duties, compensation, rights and opportunity to exert influence as such are suspended and inchoate while he is rendering temporary patriotic service to his country under military or naval commission. Id.

per

Petition for rehearing of an appeal on the ground that one of the justices who participated in the decision was disqualified to act. After the case was argued and submitted the justice in question was ordered to active duty as a major in the Officers' Reserve Corps. He was granted a leave of absence from the court, but participated in the decision complained of while stationed at a fort located within the state. Rehearing denied. Held, The justice was at least a de facto judge. State ex rel Jugler v. Grover (Utah, 1942), 132 P. (2d) 125.

315d. Restrictions on activities; employment of retired officers on reclamation projects.

This section was reenacted without change by act of April 22, 1940 (54 Stat. 149).

315e. Restrictions on activities; employment of retired officer by National Advisory Committee for Aeronautics. *** Provided, That the Committee is hereby authorized to pay the compensation, in accordance with the Classification Act of 1923, as amended, of a retired officer of the Army or Navy while performing service for the Committee, but while so serving such officer shall not be entitled to receive retired pay. Sec. 1, act of Apr. 18, 1940 (54 Stat. 134); 49 U. S. C. 245.

316. Restrictions on activities; office in Diplomatic and Consular Service.— Any officer of the Army who accepts or holds any appointment in the Diplomatic or Consular Service of the Government shall be considered as having resigned his place in the Army, and it shall be filled as a vacancy: Provided, however, That the foregoing provision shall not apply to any officer of the Army on the retired list. R. S. 1223; act of July 15, 1939 (53 Stat. 1045); 10 U. S. C. 577.

The first paragraph of this section has been amended as above.

The second paragraph has been repeated in subsequent appropriation acts, including State Department Appropriation Act, 1945 (58 Stat. 397).

By act of January 22, 1923 (42 Stat. 1160) it was not to apply in filling the vacancy at Havana, Cuba. Major General Enoch H. Crowder, U. S. Army, Retired, was appointed Ambassador Extraordinary and Minister Plenipotentiary to Cuba on February 10, 1923.

317. Restrictions on activities; dealing with the Government.

The third paragraph of this section has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 576). See also 842, post.

321. Restrictions on activities; membership fees and attendance at conventions.

The second paragraph of this section has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 577).

321a. Restrictions on activities; engagement with publications.

This provision has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 576). "10 U. S. C. 918," should be added to the citation.

322. Retired officers on active duty; status.

The third paragraph of the original text of this section, based on section 17, act of June 10, 1922 (42 Stat. 632), as amended by act of May 26, 1928 (45 Stat. 774); 37 U. S. C. 26, was expressly repealed by 1371c-19 (2), post. The subject matter is covered by 1371c-15 (2), post.

322a. Retirement of officers in general; date effective.

***Provided further, That any promotion-list officer retired for any reason except by operation of section 24b, National Defense Act, or wholly retired, who has completed twenty-eight or more years of continuous commissioned service in the Regular Army and who has failed to reach the grade of colonel