Customs of the Service

Sometimes called common law of the army. Signifies generally a right or law not written, but established by long usage. To render a custom valid it has been said that the following qualities are requisite: 1, habitual or long established practice; 2, continuance without interruption; 3, without dispute; 4, it must be reasonable; 5, certain; 6, compulsory; 7, customs must be consistent with each other. It may be said that the common law of the army derives its force from the tacit consent of those in the service. Gen. Kautz states that officers of the army have certain duties to perform that are governed by certain laws, rules, and regulations, which are interpreted and executed in a certain way, called “Customs of the Service.” A knowledge of these rules of the service, and their application, constitutes the military profe ion, and is the true art of war. To this extent it is an exact science, and may be acquired by application and experience.