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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.
TABLE OF CONTENTS
ARTICLE I. LEGISLATIVE DEPARTMENT
Section 8. Powers of Congress
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.
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.
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.