tion among the various services performed by the President
is made but it is significant to note that the very same
statute (3 U.S.C.A. Section 108) contains provision for
payment out of funds allocated for military purposes as
follows:
 
              "The Quartermaster General of the Army shall
provide
   suitable accomodations for the horses, carriages, and
other
   vehicles of the President and of the Executive Office, in
   the stables maintained in the District of Columbia by and
   for the use of his department."
 
          What basis of justification is there for that
provision in
the same statute applicable to the President's compensation
unless it relates to military service!
 
         Even if it were possible to have a civil
commander-in-chief
of the army and navy and Congress desired to legislate such
result, it is enjoined from doing so by the plain language
of the Constitution. The Secretary of War, the Secretary of
Navy and now the Secretary of Defense are in an entirely
different category. They are creatures of the legislature
and are not provided for by the Constitution. An analysis
of their status and functions clearly brings into focus the
real status of the Commander-in-Chief. They are the civil
arms of the President in matters pertaining to the military
establishment of the nation. They are not members of the
military forces as a matter of practice and the
Constitution does not make them such; they have no power to
wear a military uniform, lead armies in battle or conduct
military operations. Their powers
 
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