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appropriate emergency officers' retired list, created by this Act, with the rank held by them when discharged from their commissioned service, but without retired pay, and shall be entitled only to such compensation and other benefits as are now or may hereafter be provided by law or regulations of the United States Veterans' Bureau, together with all privileges as are now or may hereafter be provided by law or regulations for officers of the Regular Army, Navy, or Marine Corps who have been retired for physical disability incurred in line of duty: And provided further, That the retired list created by this Act of officers of the Army shall be published annually in the Army Register, and said retired lists of officers of the Navy and Marine Corps, respectively, shall be published annually in the Navy Register.

"SEC. 2. No person shall be entitled to benefits under the provisions of this Act except he make application as hereinbefore provided and his application is received in the United States Veterans' Bureau within twelve months after the passage of this Act: Provided, That the said director shall establish a register, and applications made hereunder shall be entered therein as of the actual date of receipt, in the order of receipt in the Veterans' Bureau, and such register shall be conclusive as to date of receipt of any application filed under this Act. The term 'World War,' as used herein, is defined as including the period from April 6, 1917, to July 2, 1921.”

Under date of December 8, 1917, the War Department authorized the State of Texas to organize two brigades of cavalry which when trained were to be mustered into the service of the United States to be used on the border to replace regular regiments of the United States Cavalry which were to be ordered overseas. They were to be paid by the State of Texas and trained at home stations and were to be mobilized when their training had been completed. They were mustered into the service of the State of Texas on August 15, 1918, but continued to train at home and to retain their civil occupations. On September 14, 1918, the Provost Marshal General (General Crowder) telegraphed the Governor of Texas, as follows:

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* Unless and until National Guard units have been designated for draft into military service of United

States, men enlisted therein are subject to draft by their local boards in accordance with their class and order * * * Militia Bureau advise that Second, Third, Fourth, Fifth, Sixth, and Seventh Cavalry Regiments of Texas

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National Guard have been designated for draft Registrant members of designated units enlisted prior to designation are in military service of United States, should be in Class Five and are not subject to draft. Registrants who are members of units not yet designated or who enlisted in designated units subsequent to designation are subject to orders by their local boards to report for service and National Guard officials have no authority to prevent such registrants from reporting * )

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William C. Silliman, the claimant herein, enlisted as a private, first class, Signal Enlisted Reserve Corps on April 3, 1918, and was honorably discharged on June 27, 1918, to accept a commission as first lieutenant in the Fourth Cavalry Regiment, Texas National Guard, which commission was granted him by the Governor of Texas, on July 20, 1918. He was promoted to captain on November 2, 1918. While an officer of this regiment he was ordered to active duty at the Central Cavalry Officers' Training School at Camp Stanley, Texas. This training school was established on or about September 25, 1918, for the purpose of training the officers of the six Texas National Guard Cavalry Regiments, under authority of the War Department which provided that only those officers who proved their efficiency would be called into the service of the United States.1 On the

1 The instructions for conducting this training school are contained in the following letter from the Militia Bureau, War Department, to the Officer in Charge of Militia Affairs, Southern Department, dated September 28, 1918:

"1. This bureau has been informed that the War Department has authorized the commanding general, Southern Department, to establish a training camp for cavalry officers in his department. The attendance of officers in the two cavalry brigades of the National Guard of Texas who have been extended Federal recognition by this Bureau and not to exceed twelve enlisted men (noncommissioned officers, if available) from each troop has been authorized. The attendance of officers is not compulsory but optional.

"2. The object of authorizing the attendance of the officers of the two cavalry brigades of the Texas National Guard is to afford them an opportunity to make themselves proficient in the duties of the grades for which they have been authorized by this Bureau and to which Federal recognition has been extended, subject to the examinations provided in section 75, Bulletin 16, War Department, June 22, 1916, and the regulations thereunder, as prescribed in Circulars 13 and 23, Militia Bureau, 1916. Those who fail to qualify for the grades to which appointed will not be inducted when their

establishment of this school the officers in question reported on orders issued by the authorities of the State of Texas. On September 24, 1918, the Acting Chief of the Militia Bureau, War Department, directed a communication to The Adjutant General of the Army in which he advised that the regiments in question had just been organized and recognized by the Militia Bureau but that they were still National Guard troops in State service. At the instance of the Governor of Texas, the Commanding General of the Southern Department, on September 28, 1918, requested the War Department to fix a time for calling the trainees of this officers' training school into the Federal service. In accordance with this request, the War Department advised, under date of November 1, 1918, that these regiments would be called into the service on January 2, 1919. However, on November 20, 1918, the Secretary of War advised the Governor of Texas that the signing of the armistice had made it unnecessary to

organizations are brought into Federal service, and the Federal recognition extended to them by this Bureau will be withdrawn.

"3. The period of three months has been authorized for the attendance of these officers and enlisted men at this camp. Those line officers who attend this camp will, before leaving same, be required to take an examination in the subjects prescribed for the cavalry arm of the service, and those belonging to the staff corps will be required to take an examination in the subjects prescribed for these corps in Circulars 13 and 23, Militia Bureau, 1916. In cases not covered in these circulars, the department commander will prescribe the subjects for examination to determine the officer's qualification to hold the grade in which he was appointed.

"4. Officers belonging to the two brigades of cavalry who do not attend this camp of instruction will be given the prescribed examination at any time before the camp is closed. Those officers refusing to take the examination, or who permanently leave the camp of instruction prior to the completion of the course will be reported at once to this Bureau, giving the reasons therefor.

"5. Daily class records and proficiency in practical work should be kept for each officer and presented to the examining boards for their consideration, If these records and the recommendations of the instructors in the various subjects show that the officer undergoing examination is qualified for the grade in which he was appointed, a certificate to that effect will be issued him and a copy furnished this Bureau. The certificate of proficiency will show, in addition to his professional qualifications, that he is physically quali fied for active field service, which must be determined by a board of at least two medical officers.

"6. Those officers who fail to qualify and are not awarded certificates of proficiency in accordance with the preceding paragraph will be required to take a written examination on the subjects prescribed in Circulars 13 and 23 for the several arms of the service. The proceedings of the boards in such cases will be made on prescribed forms furnished by this Bureau. The boards can recommend officers for a lower grade than that in which they were appointed.

"7. These examinations will be conducted by a board or boards of officers appointed by the War Department, upon recommendation of the department

call the six regiments of Cavalry of the Texas National Guard into the Federal service as originally planned, but stated that the officers' training camp at Camp Stanley, Texas, might be continued in order to permit those who had participated in that training to complete the prescribed course. William C. Silliman completed the prescribed. course of training and was relieved from duty on December 8, 1918, at which time he was awarded a certificate of eligibility to hold his commission as captain of Cavalry.

Mr. Silliman contends that by reason of the training which he received while a member of the Fourth Cavalry

commander, in accordance with the provisions of section 75, Bulletin 16, War Department, 1916.

"8. If at any time the moral character, capacity, or general fitness for the service of a National Guard officer is in question, action under the provisions of section 77, Bulletin 16, War Department, 1916, and the regulations thereunder, as set forth in paragraph 7, Bulletin 21, Militia Bureau, 1916, will be taken. Duplicate copy of proceedings will be furnished this Bureau.

"9. The enlisted men were authorized for attendance at this camp with a view of training them for the duties of noncommissioned officers. Those found unfitted should not be retained at camp but returned to their organizations as privates, and their names should be reported to this Bureau.

"10. The program of instruction will, as far as practicable, cover the subjects prescribed in Circular 13, Militia Bureau, 1916, in which the officers are to be examined. Daily class record and proficiency in practical work should be given considerable weight by the boards conducting the examinations. A copy of the program of instruction, in so far as it pertains to National Guard officers, will be furnished this Bureau for approval.

"11. Authority has been granted to permit the medical officers and seven enlisted men, including four noncommissioned officers, assigned to the sanitary detachment of each cavalry regiment, and also eight dental surgeons to attend the Medical Officers' Training Camp at Fort Oglethorpe, Georgia, for a three months' course of instruction. The enlisted men will be selected by the department commander upon recommendation of the State authorities. The names of the medical officers and dental surgeons who desire to attend this camp should be immediately submitted to this Bureau in order that it may be determined whether or not their eligibility has been passed upon by this Bureau and their appointment authorized. As soon as this information is received, you will be authorized to send these men to Fort Oglethorpe, Georgia.

"12. Transportation and pay of officers and transportation, pay, and subsistence of the enlisted personel during their attendance at this camp are proper charges against the Federal funds appropriated for the National Guard. Estimates covering the above items should be submitted to this Bureau at the earliest practicable date, and a request made that the amounts estimated be allotted to the department commander for this purpose.

"13. Upon completion of this camp, a detailed report will be made to this Bureau covering the operations and activities of this camp in so far as they pertain to the National Guard personnel sent there for instruction. As soon

as the camp is established, this Bureau should be furnished with a roster of the officers and enlisted men in attendance thereat, together with their rank and the organizations to which they belong.

"14. You should take up with the department commander at the earliest practicable moment all the matters to which your attention has been called In this letter."

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Regiment, Texas National Guard, assigned to duty at the Central Officers' Training School at Camp Stanley, Texas, he is one of the "persons who have served as officers of the Army of the United States during the World War, other than as officers of the Regular Army * * within the meaning of that language as used in the Emergency Officers' Retirement Act of May 24, 1928, supra, and therefore, is entitled to the benefits of that Act.

The term "Army of the United States" is defined in section 1 of the National Defense Act of June 3, 1916, 39 Stat. 166, as follows:

"That the Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law."

Under this Act members of the National Guard are only a part of the Army of the United States "while in the service of the United States." State v. Industrial Commission, 186 Wis. 1; R. & Nav. Co. v. United States, 60 Ct. Cl. 458; Illinois Cent. R. Co. v. United States, 60 Ct. Cl. 499.

The rule of construction is that Congress is presumed to use words in their ordinary and commonly accepted meaning, unless that sense is repelled by the context. The meaning of the word "service" as used and understood in our military system was stated by Attorney General Griggs in 23 Op. 406, to be as follows (pp. 407, 408) :

"It seems clear that the word 'served' in this section (section 1219 R. S.) is used in the same restricted and technical sense with which the word 'service' is used in connection with our military system. As to when such service commences there can be no question. As you state, every department of the Government which has had occasion to construe this word has, by long-continued and uniform decisions and practice, held that, in case of volunteer officers commissioned by the governors of States, their entry into the military service of the United States dates from their muster in; and in case of volunteer officers appointed by the President, by and with the advice and consent of the Senate, their service dates from their acceptance of their com

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