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Acceptance of cession.-Acceptance of ces- full force until abrogated by Federal governsion of land within State to Federal Government, except insofar as they are inconment is evidenced by Federal Government's sistent with Federal laws, but State's subsepurchase of the land and may be presumed quent legislative enactments do not take therefrom. Pound v. Gaulding (Ala., 1939), effect in ceded area. Pound v. Gaulding (Ala., 187 So. 468.

1939), 187 So. 468. The acceptance by United States of ex- Where United States bad purchased terriclusive jurisdiction over lands ceded by State tory from State for military reservation subto United States without reservation except sequent to enactment of statute ceding to for service of process was to be presumed United States jurisdiction over land which in absence of any contrary intent. Code might thereafter be purchased, with reserva1907, secs. 898, 899. State v. Blair (Ala., tion only for service of process, United States 1939), 191 So. 237.

had exclusive jurisdiction over territory, and Effect of cession. (8th paragraph.)- gasoline stored and used there by defendant Change citation to read : Ryan V. State in carrying out contract with United States (Wash., 1936), 61 P. (20) 1276; affirmed was not subject to gasoline excise tax. Code (1937), 302 U. S. 186.

1907, secs. 898, 899; Gen. Act 1923, p. 36; Where State has ceded land within its Gen. Acts 1927, pp. 16, 326 ; Gen. Acts 1931, territory to Federal government, government p. 859; Gen. Acts 1932, Ex. Sess., p. 314 ; acquiring exclusive jurisdiction thereover, U. S. C. A. Const. art. 1, sec. 8, cl. 17, State municipal laws of the State which are in V. Blair (Ala., 1939), 191 So. 237. effect at time of cession generally remain in

Section 10. Powers Denied to States

Notes of Decisions

In general.-An "emergency" authorizing contracts during a public emergency by invocation of police power in an unforeseen proper exercise of police power of the State. occurrence or combination of circumstances U. S. C. A. Const. art. 1, sec. 10. Waterville which calls for immediate action or remedy; Realty Corp. v. City of Eastport (Maine, a pressing necessity. U. S. C. A. Const. art. 1939), 8A (28) 898. 1, sec, 10. Jefferson Standard Life Ins. Co. v. In determining whether the enactment of Noble et ux. (Miss., 1939), 188 So. 289. a statute allegedly impairing obligation of

Though court should give respect to legis- contracts was justified by public emergency, lative declaration that emergency exists, the fact that act was entitled as one “Creatauthorizing invocation of police power, so far | ing a Board of Emergency Municipal Fi. as such declaration relates to present facts, nance," without expression of facts in a precourt may not shut its eyes to an obvious amble constituting a public emergency, does mistake when validity of the law depends not compel a conclusion that there was a upon the truth of the declaration. U. S. C. “public emergency” rather than one solely Const. art. 1, sec. 10. Id.

private affecting only certain municipalities. Impairment of contract obligations.—There Pub. Laws 1937, c. 233; U. S. C. A. Const. may be a valid impairment of obligations of ) art. 1, sec. 10. Id.

ARTICLE II. EXECUTIVE DEPARTMENT

Section 2. Powers and Duties of President

CLAUSE 1

Notes of Decisions Commander-in-Chief of the Army.-Where / victim as innocent as if he had never comenlisted man in Navy was retired after thirty mitted the offense. Id. years of active service, having received from Pardon power.- Under the section of the the President full and unconditional pardon Constitution making the President of the for desertion, it is held that he is entitled to United States commander in chief of the credit for conduct marks during his entire Army and Navy, the President has the power period of service without deduction for period to employ the Army and the Navy in a manduring which he was incarcerated under the ner which he may deem most effectual, insentence of the general court martial. William cluding the power to establish rules and Bennett v. U. S. (1939), 88 Ct. Cl. 602. regulations for the government of the Army

Where an unconditional pardon has been and Navy. U. S. C. A. Const. art. 2, sec. 2. granted, it gives a new credit and capacity, Nordmann v. Woodring, Sec. War, et al, biots out the existing guilt, and makes the I (D. C., 1939), 28 F. Supp. 573.

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Regulations for the government of the When regulations for the Army and Navy Army and Navy, made pursuant to the au- are promulgated through the Secretary of thority conferred on the President, have War, they must be received as acts of the the force of law. U. S. C. A. Const. art President and, as such, must be binding on 2, sec. 2. Id.

all within the sphere of his authority. U. S. C. A. Const. art. 2, sec. 2. Id.

AMENDMENT 2. BEARING ARMS

Notes of Decisions 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- vear 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

(1st 586.

Notes of Decisions Self-incrimination.-The immunity guaran- / tion to read : U. S. v. McIntosh et al. (D. C., teed by Constitution against self-incrimina. 1932), 2 F. Supp. 244; rehearing denied tion is only against compulsory self-incrimi. (C. C. A., 1934), 70 F. (20) 507; certiorari nation. U. S. C. A. Amend. 5. U. S. v. denied (1934), 293 U. S. 586. Mary Helen Coal Corp. et al. (D. C., 1938), (5th paragraph.)-Change citation to 24 F. Supp. 50.

read: U. S. V. Chicago B. & Q. R. R. Co. The immunity against compulsory self- (C. C. A., 1936), 82 F. (20) 131 ; certiorari incrimination guaranteed by Federal Con- denied (1936), 298 U, S. 689. stitution is deemed to be waived unless in- Compensation for taking private property; voked by some manifestation of unwillingness amount and elements. (4th paragraph.) of witness to testify at the time the testimony | Change citation to read : U. S. v. McIntosh is given, since the immunity is personal to

et al. (D. C., 1932), 2 F. Supp. 244; rethe witness and for his sole benefit. U. s. hearing denied (C. C. A., 1934), 70 F. (20) C. A. Amend. 5. Id.

507; certiorari denied (1934), 293 U. S. Power of eminent domain; in general. paragraph.)-Change citation to read : U. S.

(5th paragraph.)-Change citation to v. McIntosh et al. (D. C., 1932), 2 F. Supp. read : Jacobs et al v. U. S. (1933), 290 U. S. 244 ; rehearing denied (C. C. A., 1934), 7013, reversing (C. C. A., 1933), 63 F. (20) F. (20) 507; certiorari denied (1934), 293. 326. U. S. 586.

(9th paragraph.)—Change citation to (2d, 3d, and 4th paragraphs.)—Omit: U. S.

read: U. S. v. Chicago, B. & Q. R. R. Co. v. Certain Lands in City of Louisville (D. C.,

(C. C. A., 1936), 82 F. (20) 131 ; certiorari 1935), 9 F. Supp. 137; reversed (C. C. A..

denied (1936), 298 U. S. 689. 1935), 78 F. (20) 684.

Compensation for taking private property;

(2d and 3d paraPower of eminent domain; purpose of tak- consequential damages. ing. (1st and 2d paragraphs.) —Omit: U. S.

graphs.)-Change citation to read : Buiv. Certain Lands in City of Louisville (D. C.,

chanan et al. v. U. S. (1934), 78 Ct. CI. 1935), 9 F. Supp. 137; reversed (C. C. A., 791; certiorari denied (1935), 294 U. S.

723. 1935), 78 F. (20) 684.

to A “public use" for which power of con

(7th paragraph.)-Change citation

read: U. S. v. Chicago, B. & Q. R. R. Co. demnation may be exercised is one which concerns the general public or

(C. C. A., 1936), 82 F. (20) 131 ; certiorari

a portion thereof, as distinguished from particular in

denied (1936), 298 U. S. 689.

to dividuals or States; the use is public if it

(8th paragraph.)-Change citation returns a public benefit, utility or advan

read : Marret, Admr. et al. v. U. S. (1936),

82 Ct. Cl. 1; certiorari denied (1936) 299 tage that is national or general as contra

U. S. 545. distinguished from local or special. In re United States (two cases) (D. C., 1939),

Damage to land by flooding as result of 28

river improvements and structures, F. Supp. 758.

sisting of pile dikes and revetments, in Power of eminent domain; scope of taking. navigable river by Government for purpose (20 paragrapb.)-Omit: Patten & Co. v.

of improving river for navigation purposes, U. S. (C. C. A., 1932), 61 F. (2d) 970; was not recoverable from the Government reversed (1933), 289 U. S. 705.

under the Tucker Act. Tucker Act, 28 U. S. Compensation for taking private property; C. A. sec. 41 (20); Act Jan. 21, 1927, 44 in general. (4th paragraph.)-Change cita- Stat. 1010; U, S. C. A. Const. Amend, 5.

con

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. (24) Validity of statutes. (2d and 3d para- 507; certiorari denied (1934), 293 U. S. 586. graphs.)-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. (20) 307.

AMENDMENT 14. RIGHTS OF CITIZENS
Section 1. Citizenship; Due Process; Equal Protection

Notes of Decisions 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 ARMY OF THE UNITED STATES

REGULAR ARMY

Regular Army:

Regular Army-continued : Composition, 6.

Components-continued : Strength:

Corps of Engineers : Commissioned, maximum, 7.

Composition and organization, 41. Commissioned, authorized by appropria- Signal Corps : tions, 7a.

Composition and organization, 47. Commissioned, by grades :

General Staff Corps :
General of the Armies, 8.

Composition, 50.
Major generals and brigadier generals, Adjutant General's Department:
10.

Composition, 58.
Officers below grade of brigidier gen- Inspector General's Department:
eral, 11.

Composition, 61.
Professors, 12.

Judge Advocate General's Department: Warrant officers, 13.

Composition, 62. Warrant oficers, Army Mine Planter Quartermaster Corps : Service, 14.

Composition, 65, Enlisted, maximum in time of peace, 15.

The Quartermaster General; duties, Enlisted, authorized by appropriations,

66. 15a.

Finance Department: Retired list, unlimited, 17.

Composition, 68. Components :

Chief of Finance; duties, 70.
Infantry:

Medical Department :
Composition and organization, 18.

Composition, 71.
Cavalry:

Medical Corps ; composition, 74. Composition and organization, 21.

Dental Corps; composition, 75. Field Artillery :

Veterinary Corps; composition, 76. Composition and organization, 26.

Medical Administrative Corps ; compoCoast Artillery Corps :

sition, 77. Composition and organization, 28.

Army Nurse Corps; composition, 78. Army Mine Planter Service, 29.

Ordnance Department: Air Corps :

Composition, 81.

Chemical Warfare Service :
Designation, composition, and organi-

Composition, 83.
zation, 30.

Bureau of Insular Affairs :
Flying officers in time of peace defined,

Composition, 87.
32.

Chaplains :
Flying officers in time of war defined,

Number, 92.

Philippine Scouts :
Flying cadets, 35.

Officers ; concurrent commissions in
Command of flying units, 37.

drafted forces, 108. Jurisdiction, 38.

Regular Army Reserve, 110. 6. Regular Army; composition.

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 (59 Stat. 558); 10 U.S. C. 4816.

33.

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Acceptance of cession.--Acceptance of ces- full force until abrogated by Federal governsion of land within State to Federal Government, except insofar as they are inconment is evidenced by Federal Government's sistent with Federal laws, but State's subsepurchase of the land and may be presumed quent legislative enactments do not take therefrom. Pound v. Gaulding (Ala., 1939), effect in ceded area. Pound v. Gaulding (Ala., 187 So. 468.

1939), 187 So. 468. The acceptance by United States of ex- Where United States bad purchased terriclusive jurisdiction over lands ceded by State tory from State for military reservation subto United States without reservation except sequent to enactment of statute ceding to for service of process was to be presumed United States jurisdiction over land which in absence of any contrary intent. Code might thereafter be purchased, with reserva1907, secs. 898, 899. State v. Blair (Ala., tion only for service of process, United States 1939), 191 So. 237.

had exclusive jurisdiction over territory, and Effect of cession. (8th paragraph.)- gasoline stored and used there by defendant Change citation to read : Ryan v. State in carrying out contract with United States (Wash., 1936), 61 P. (20) 1276; affirmed was not subject to gasoline excise tax. Code (1937), 302 U. S. 186.

1907, secs. 898, 899; Gen. Act 1923, p. 36 ; Where State has ceded land within its Gen. Acts 1927, pp. 16, 326 ; Gen. Acts 1931, territory to Federal government, government p. 859; Gen. Acts 1932, Ex. Sess., p. 314 ; acquiring exclusive jurisdiction thereover, U. S. C. A. Const. art. 1, sec. 8, cl. 17, State municipal laws of the State which are in v. Blair (Ala., 1939), 191 So. 237. effect at time of cession generally remain in

Section 10. Powers Denied to States

Notes of Decisions In general.-An "emergency" authorizing contracts during a public emergency by invocation of police power in an unforeseen proper exercise of police power of the State. occurrence or combination of circumstances | U. S. C. A. Const. art. 1, sec. 10. Waterville which calls for immediate action or remedy ; | Realty Corp. v. City of Eastport (Maine, a pressing necessity. U. S. C. A. Const. art. 1939), 8A (28) 898. 1, sec. 10. Jefferson Standard Life Ins. Co. v. In determining whether the enactment of Noble et ux. (Miss., 1939), 188 So. 289. a statute allegedly impairing obligation of

Though court should give respect to legis contracts was justified by public emergency, lative declaration that emergency exists, the fact that act was entitled as one “Creatauthorizing invocation of police power, so far ing a Board of Emergency Municipal Fias such declaration relates to present facts, nance," without expression of facts in a precourt may not shut its eyes to an obvious amble constituting a public emergency, does mistake when validity of the law depends not compel a conclusion that there was a upon the truth of the declaration. U. S. C. "public emergency” rather than one solely Const. art. 1, sec. 10. Id.

private affecting only certain municipalities. Impairment of contract obligations.-There Pub. Laws 1937, c. 233; U. S. C. A. Const. may be a valid impairment of obligations of art. 1, sec. 10. Id.

ARTICLE II. EXECUTIVE DEPARTMENT

Section 2. Powers and Duties of President

CLAUSE 1

Notes of Decisions Commander-in-Chief of the Army.-Where / victim as innocent as if he had never comenlisted man in Navy was retired after thirty mitted the offense. Id. years of active service, having received from Pardon power. Under the section of the the President full and unconditional pardon Constitution making the President of the for desertion, it is held that he is entitled to United States commander in chief of the credit for conduct marks during his entire Army and Navy, the President has the power period of service without deduction for period to employ the Army and the Navy in a man. during which he was incarcerated under the ner which he may deem most effectual, insentence of the general court martial. William cluding the power to establish rules and Bennett v. U. S. (1939), 88 Ct. Cl. 602. regulations for the government of the Army

Where an unconditional pardon has been and Navy. U. S. C. A. Const. art. 2, sec. 2. granted, it gives a new credit and capacity, Nordmann v. Woodring, Sec. War, et al, blots out the existing guilt, and makes the l (D. C., 1939), 28 F. Supp. 573.

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