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WAR DEPARTMENT,

WASHINGTON, December 31, 1940. Supplement I to the Military Laws of the United States, 1939, containing legislation of the 76th Congress, is published for the information and guidance of all concerned. It includes notes of court decisions and opinions of the Attorney General rendered since 1939, and certain provisions omitted from the original text. BY ORDER OF THE SECRETARY OF WAR:

G. C. MARSHALL,

Chief of Staff OFFICIAL: E. S. ADAMS, Major General,

The Adjutant General.

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TABLE OF CONTENTS

Sections Pages

The Constitution of the United States of America.-

1-4

CHAPTER 1. The Army of the United States..

1-110a 5-14

2. Army Personnel.--

111-353 15-32

3. Articles of War..

354–479

33

4. Use of the Army-

480-505

35

5. Army Service and Post Schools.

506-517a 37-38

6. Aeronautics.

518-524c 39–40

7. Bonds..

525-550

41

8. Citizenship and Naturalization --

551-565a 43–51

9. Civilian Officers and Employees.-

566–700 53-70

10. Claims Against the United States.

701-721 71-72

11. Claims by the United States...

722-725

73

12. Contracts

726-751 75-86

13. Federal Courts..

752–767

87

14. Court of Claims.

768–791 89-90

15. Criminal Code..

791a-857 91-95

16. Deceased Persons..

858-865 97-99

17. Executive Departments -

865a-900 101–139

18. Insignia

901-936 141

19. Land and Buildings.

937-1059 143-154

20. Medical Treatment and Veterans' Relief .. 1059a-1168 155-171

21. Military Academy--

1169–1243 173-174

22. Military Training-

1244-1257 175-176

23. National Guard..

1257-1333e 177-180

24. Administration of Oaths..

1334-1338a 181

25. Organized Reserves..

1339–1366a 183–186

26. Patents.

1367-1371b 187-188

27. Pay and Allowances, Regular Army -

1372–1552 189-194

28. Pay and Allowances, National Guard, Organ-

ized Reserves, and Civilians in Military

Training---

1553-1599 195–197

29. Pay and Allowances, Civilian Employees.. 1600-1635 199–206

30. Public Money and Finance.-

1636-1769 207-210

31. Public Printing and Documents-

1770-1789 211

32. Rivers, Harbors, and Waterways.

1790–1899 213-226

33. Statutes.-

1900-1924 227

34. Supplies and Services (Procurement) -

1925-2014 229-240

35. Supplies and Equipment (Public Property) --- 2015–2119 241-246

36. Territories and Insular Possessions

2120-2145 247-251

38. War.

2160-2241 253-312

Acts cited by popular names.

313

AMERICA

ARTICLE I. LEGISLATIVE DEPARTMENT

Section 8. Powers of Congress

CLAUSE 1

Notes of Decisions Common defense. --The national defense is Under authority of Congress to spend not an exclusively Federal' function or re- money in aid of the "general welfare,” the sponsibility precluding cooperation from the discretion to determine between particular States. U. S. C. A., Const. art. 1, sec. 8. and general welfare belongs to Congress, State ex rel. Gibbs, Atty. Gen. v. Gordon unless the choice is clearly wrong or a diset al. (Fla., 1939), 189 8o. 437.

play of arbitrary power, not an exercise of The statute creating the Duval County judgment, and courts will respect Judgment Air Base Authority in aid of the Federal of Congress unless the use be palpably withnational defense program, and declaring that out reasonable foundation or is shown to inthe national defense is a joint responsibility volve an impossibility. U. S. C. A. Const. of the Federal and State governments, does art. 1, sec. 8, cl. 1. In re United States not violate the Federal Constitution as an (two cases), (D. C., 1939), 28 F. Supp. 758. encroachment upon an exclusive function of There is a middle ground between parthe Federal Government. Acts 1939, H. B. ticular welfare and "general welfare" for 1145, par. 1; U. S. C. A. Const. art. 1, sec. which Congress is authorized to spend 8. Id.

money, in which discretion is at large and General welfare.-Change citation to read : belongs to Congress unless the choice is Tennessee Electric Power Co. v. Tennessee clearly wrong. U. S. C. A. Const. art. 1, Valley Authority (1938), 21 F. Supp. 947; sec. 8, cl. 1. Id. afirmed (1938) 306 U. S. 118.

CLAUSE 3

Notes of Decisions In general.--A State cannot tax interstate, because the seller fulfills the contract by commerce either by levying a tax upon the shipments to the purchaser of goods from business which constitutes such commerce a point without the State. Id. or by taxing the privilege of engaging in it. The Federal Government's jurisdiction over State ex rel. v. Southern Oil Service, Inc. navigable waterways is based on section of (Tenn., 1939), 124 S. W. (20) 704.

Constitution authorizing Congress to regulate Where interstate shipment of goods is not foreign and interstate commerce and make contemplated or required by party, a con- all laws necessary and proper to carry such tract of sale within State between persons powers into execution. U. S. C. A. Const. residing in State for delivery of goods art. 1, sec, 8. Grand River Dam Authority therein is not "interstate commerce" merely | v. Going et al. (D. C., 1939), 29 F. Supp. 316.

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CLAUSE 17

Notes of Decisions Jurisdiction In general.—The constitutional Mere ownership and use of land by United provision giving the United States exclusive States does not withdraw land from State's Jurisdiction over places purchased "for the jurisdiction, but constitutional provision erection of forts

and other need authorizing exercise by Congress of exclusive ful buildings" is applicable to lands over legislation over places purchased for erection which the Federal Government seeks exclu- of forts, magazines, arsenals, dockyards and sive jurisdiction, and does not limit the right other needful buildings becomes applicable of acquisition of land by eminent domain. when United States acquires land with U. S. C. A. Const. art. 1, sec. 8, cl. 17. State's consent for those purposes. U. S. C. A. In re United States (two cases) (D. C., 1939), Const. art. 1, sec. 8, cl. 17. State v. Blair 28 F. Supp. 758.

(Ala., 1939), 191 So. 237.

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