full force until abrogated by Federal government, except insofar as they are inconsistent with Federal laws, but State's subsequent legislative enactments do not take effect in ceded area. Pound v. Gaulding (Ala., 1939), 187 So. 468. Acceptance of cession.-Acceptance of cession of land within State to Federal Government is evidenced by Federal Government's purchase of the land and may be presumed therefrom. Pound v. Gaulding (Ala., 1939), 187 So. 468. The acceptance by United States of exclusive jurisdiction over lands ceded by State to United States without reservation except for service of process was to be presumed in absence of any contrary intent. Code 1907, secs. 898, 899. State v. Blair (Ala., 1939), 191 So. 237. Effect of cession. (8th paragraph.)— Change citation to read: Ryan v. State (Wash., 1936), 61 P. (2d) 1276; affirmed (1937), 302 U. S. 186. Where State has ceded land within its territory to Federal government, government acquiring exclusive jurisdiction thereover, municipal laws of the State which are in effect at time of cession generally remain in Where United States had purchased territory from State for military reservation subsequent to enactment of statute ceding to United States jurisdiction over land which might thereafter be purchased, with reservation only for service of process, United States had exclusive jurisdiction over territory, and gasoline stored and used there by defendant in carrying out contract with United States was not subject to gasoline excise tax. Code 1907, secs. 898, 899; Gen. Act 1923, p. 36; Gen. Acts 1927, pp. 16, 326; Gen. Acts 1931, p. 859; Gen. Acts 1932, Ex. Sess., p. 314; U. S. C. A. Const. art. 1, sec. 8, cl. 17. State v. Blair (Ala., 1939), 191 So. 237. Section 10. Powers Denied to States In general.-An "emergency" authorizing invocation of police power in an unforeseen occurrence or combination of circumstances which calls for immediate action or remedy; a pressing necessity. U. S. C. A. Const. art. 1, sec. 10. Jefferson Standard Life Ins. Co. v. Noble et ux. (Miss., 1939), 188 So. 289. Though court should give respect to legislative declaration that emergency exists, authorizing invocation of police power, so far as such declaration relates to present facts, court may not shut its eyes to an obvious mistake when validity of the law depends upon the truth of the declaration. U. S. C. Const. art. 1, sec. 10. Id. Impairment of contract obligations.-There may be a valid impairment of obligations of contracts during a public emergency by proper exercise of police power of the State. U. S. C. A. Const. art. 1, sec. 10. Waterville Realty Corp. v. City of Eastport (Maine, 1939), 8A (2d) 898. In determining whether the enactment of a statute allegedly impairing obligation of contracts was justified by public emergency, the fact that act was entitled as one "Creating a Board of Emergency Municipal Finance," without expression of facts in a preamble constituting a public emergency, does not compel a conclusion that there was a "public emergency" rather than one solely private affecting only certain municipalities. Pub. Laws 1937, c. 233; U. S. C. A. Const. art. 1, sec. 10. Id. ARTICLE II. EXECUTIVE DEPARTMENT Notes of Decisions Commander-in-Chief of the Army.-Where enlisted man in Navy was retired after thirty years of active service, having received from the President full and unconditional pardon for desertion, it is held that he is entitled to credit for conduct marks during his entire period of service without deduction for period during which he was incarcerated under the sentence of the general court martial. William Bennett v. U. S. (1939), 88 Ct. Cl. 602. Where an unconditional pardon has been granted, it gives a new credit and capacity, blots out the existing guilt, and makes the victim as innocent as if he had never committed the offense. Id. Pardon power.-Under the section of the Constitution making the President of the United States commander in chief of the Army and Navy, the President has the power to employ the Army and the Navy in a manner which he may deem most effectual, including the power to establish rules and regulations for the government of the Army and Navy. U. S. C. A. Const. art. 2, sec. 2. Nordmann v. Woodring, Sec. War, et al. (D. C., 1939), 28 F. Supp. 573. Regulations for the government of the Army and Navy, made pursuant to the authority conferred on the President, have the force of law. U. S. C. A. Const. art 2, sec. 2. Id. When regulations for the Army and Navy are promulgated through the Secretary of War, they must be received as acts of the President and, as such, must be binding on all within the sphere of his authority. U. S. C. A. Const. art. 2, sec. 2. Id. AMENDMENT 2. BEARING ARMS The court cannot take judicial notice, not say that the Second Amendment guarthat a shotgun having a barrel less than 18 antees to the citizen the right to keep and inches long has today any reasonable rela- bear such a weapon. (Act of June 26, 1934, tion to the preservation or efficiency of a 48 Stat. 1236). U. S. v. Miller et al. (1939), well regulated militia; and therefore can- 307 U. S. 174. AMENDMENT 5. RIGHTS OF PERSONS Self-incrimination.-The immunity guaran. teed by Constitution against self-incrimination is only against compulsory self-incrimination. U. S. C. A. Amend. 5. U. S. v. Mary Helen Coal Corp. et al. (D. C., 1938), 24 F. Supp. 50. The immunity against compulsory selfincrimination guaranteed by Federal Constitution is deemed to be waived unless invoked by some manifestation of unwillingness of witness to testify at the time the testimony is given, since the immunity is personal to the witness and for his sole benefit. U. S. C. A. Amend. 5. Id. Power of eminent domain; in general. (1st paragraph.)-Change citation to read: U. S. v. McIntosh et al. (D. C., 1932), 2 F. Supp. 244; rehearing denied (C. C. A., 1934), 70 F. (2d) 507; certiorari denied (1934), 293. U. S. 586. (2d, 3d, and 4th paragraphs.)-Omit: U. S. v. Certain Lands in City of Louisville (D. C., 1935), 9 F. Supp. 137; reversed (C. C. A.. 1935), 78 F. (2d) 684. Power of eminent domain; purpose of taking. (1st and 2d paragraphs.)-Omit: U. S. v. Certain Lands in City of Louisville (D. C., 1935), 9 F. Supp. 137; reversed (C. C. A., 1935), 78 F. (2d) 684. A "public use" for which power of condemnation may be exercised is one which concerns the general public or a portion thereof, as distinguished from particular individuals or States; the use is public if it returns a public benefit, utility or advantage that is national or general as contradistinguished from local or special. In re United States (two cases) (D. C., 1939), 28 F. Supp. 758. Power of eminent domain; scope of taking. (2d paragraph.)-Omit: Patten & Co. v. U. S. (C. C. A., 1932), 61 F. (2d) 970; reversed (1933), 289 U. S. 705. Compensation for taking private property; in general. (4th paragraph.)-Change cita tion to read: U. S. v. McIntosh et al. (D. C., 1932), 2 F. Supp. 244; rehearing denied (C. C. A., 1934), 70 F. (2d) 507; certiorari denied (1934), 293 U. S. 586. citation to (5th paragraph.)-Change read: U. S. v. Chicago B. & Q. R. R. Co. (C. C. A., 1936), 82 F. (2d) 131; certiorari denied (1936), 298 U. S. 689. Compensation for taking private property; amount and elements. (4th paragraph.)— Change citation to read: U. S. v. McIntosh et al. (D. C., 1932), 2 F. Supp. 244; rehearing denied (C. C. A., 1934), 70 F. (2d) 507; certiorari denied (1934), 293 U. S. 586. (5th paragraph.)—Change citation to read: Jacobs et al v. U. S. (1933), 290 U. S. 13, reversing (C. C. A., 1933), 63 F. (2d) 326. citation to (9th paragraph.)-Change read: U. S. v. Chicago, B. & Q. R. R. Co. (C. C. A., 1936), 82 F. (2d) 131; certiorari denied (1936), 298 U. S. 689. Compensation for taking private property; (2d and 3d paraconsequential damages. to read: Bigraphs.)-Change citation chanan et al. v. U. S. (1934), 78 Ct. Cl. 791; certiorari denied (1935), 294 U. S. 723. (7th paragraph.)-Change read: U. S. v. Chicago, B. & Q. R. R. Co. denied (1936), 298 U. S. 689. (C. C. A., 1936), 82 F. (2d) 131; certiorari citation to (8th paragraph.)-Change read: Marret, Admr. et al. v. U. S. (1936), 82 Ct. Cl. 1; certiorari denied (1936) 299 U. S. 545. Damage to land by flooding as result of river improvements and structures, consisting of pile dikes and revetments, in navigable river by Government for purpose of improving river for navigation purposes, was not recoverable from the Government under the Tucker Act. Tucker Act, 28 U. S. C. A. sec. 41 (20); Act Jan. 21, 1927, 44 Stat. 1010; U. S. C. A. Const. Amend. 5. Goodman et al. v. U. S. (D. C., 1939), 28 F. McIntosh et al. (D. C., 1932), 2 F. Supp. 244; Supp. 497. rehearing denied (C. C. A., 1934), 70 F. (2d) 507; certiorari denied (1934), 293 U. S. 586. Validity of statutes. (2d and 3d paragraphs.)-Change citation to read: U. S. v. AMENDMENT 6. CRIMINAL TRIALS A substantial protection of the right of | viction. U. S. C. A. Const. Amend. 6. accused to counsel is jurisdictional and es- Thompson v. King, Warden, No. 11511 (C. sential to the validity of a judgment of con- C. A., 1939), 107 F. (2d) 307. AMENDMENT 14. RIGHTS OF CITIZENS Section 1. Citizenship; Due Process; Equal Protection Abridgement of privileges and immunities.— tion or shelter a governmental officer, board, Neither State legislation, State decisions, nor or commission from those requirements. U. S. Congressional action can modify or effect the C. A. Const. Amend. 14. Western Union requirements of due process under the Four-Teleg. Co. v. Industrial Comm. of Minneteenth Amendment of the Federal Constitu- sota et al. (D. C., 1938), 24 F. Supp. 370. The functions of the Bureau of Insular Affairs were transferred to the Interior Department by section 4(d), Reorganization Plan No. 11, post, 888c. 7. Commissioned strength; maximum.-On and after July 1, 1939, the peacetime commissioned strength of the Regular Army to be attained by approximately equal annual increments, as hereinbefore provided, shall be sixteen thousand seven hundred and nineteen officers, including sixty-seven general officers of the line as now authorized by law. Sec. 8, act of Apr. 3, 1939 (58 Stat. 558); 10 U. S. C. 481b. That, for the period of ten years beginning July 1, 1939, the Secretary of War is authorized to select annually, to be commissioned in the Regular Army in approximately equal annual increments, in accordance with the provisions of, and from the groups described in, section 24e of the National Defense Act, as amended, such proportion of the total number of officers as, in the judgment of the Secretary of War, will be required to bring the commissioned personnel of the Regular Army to peacetime strength, as hereinafter provided, on June 30, 1949. Sec. 2, act of Aug. 30, 1935 (49 Stat. 1028); sec. 6, act of Apr. 3, 1939 (53 Stat. 557); 10 U. S. C. 487a. Nothing contained in this Act shall be construed to affect the operation of the Act of August 30, 1935 (49 Stat. 1028), with respect to the selection and commissioning, in accordance with the provisions of section 2 of that Act, of Reserve officers now on active duty under the provisions of that Act Sec. 10, act of Apr. 3, 1939 (53 Stat. 559). * * The first paragraph of this section based on act of April 13, 1938 (52 Stat. 216); 10 U. S. C. 481, was superseded by the first paragraph, supra. For the "annual increments" referred to, see second paragraph, supra. The second paragraph, based on sec. 2, act of August 30, 1935 (49 Stat. 1028); 10 U. S. C. 487a, was amended as indicated in second paragraph, supra. For section 24e, National Defense Act, see 121, post. The third provision, supra, is added as a new paragraph of this section. In view of the national emergency proclaimed by Proclamation No. 2352, September 8, 1939, increase in the commissioned strength of the Regular Army within the limits of peacetime authorizations was authorized by Executive Order No. 8244, September 8, 1939. By act of May 24, 1939 (53 Stat. 756), the commissioned strength of the Coast Guard was increased by one hundred and fifty-four officers. 7a. Commissioned strength; authorized by appropriations. * * * * * For pay of not to exceed an average of thirteen thousand one hundred and six commissioned officers, to include fifty Medical Corps officers and twenty-five Dental Corps officers, authorized by Act of January 29, 1938 (52 Stat. 8), $36,017,416; Sec. 1, military appropriation act of Apr. 26, 1939 (53 Stat. 596). For an additional amount for pay of the Army, fiscal year 1940, comprising the same objects but not subject to the limitations as to the numbers of commissioned officers and enlisted men specified under this head in the Military Appropriation Act for said fiscal year, $10,175,940. Sec. 1, supplemental military appropriation act of July 1, 1939 (53 Stat. 998). For an additional amount for pay of the Army, comprising the same objects specified under this head in the Military Appropriation Act, 1940, $12,714,196: Provided, That this appropriation shall not be subject to the limitations as to numbers of commissioned officers and enlisted men specified under this head in such Act. Sec. 1, emergency supplemental appropriation act of Feb. 12, 1940 (54 Stat. 24). The above provisions are added as new paragraphs of this section. 8. Commissioned strength by grades; General of the Armies. By act of March 28, 1939 (53 Stat. 551), the officer who had served as military secretary to the General of the Armies continuously since that office was revived by act of September 3, 1919, was authorized to be promoted to the grade of colonel. 10. Commissioned strength by grades; major generals and brigadier generals. That the number of brigadier generals of the line of the Regular Army is hereby increased from forty-six to fifty, and hereafter upon the appointment of an officer |