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SUPPLEMENT III

TO THE

MILITARY LAWS

OF THE

UNITED STATES

EIGHTH EDITION, 1939

CONTAINING LEGISLATION OF THE
76TH, 77TH, AND 78TH CONGRESSES

1939-1944

This Supplement III supersedes Supplement I, 1940,

and Supplement II, 1942.

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For sale by the Superintendent of Documents, U. S. Government Printing Office

Washington, D. C. Price $2.00

L.26914

MAY 2 5 1946

WAR DEPARTMENT WASHINGTON 25, D. C., 31 December 1944

Supplement III to the Military Laws of the United States, Eighth Edition, 1939, containing legislation of the 76th, 77th and 78th Congresses, 1939-1944, is published for the information and guidance of all concerned. It includes notes of court decisions and opinions of the Attorney General rendered since 1 January 1939, and certain provisions omitted from the original text.

This Supplement III supersedes the preceding Supplements I and II. A new Chapter 15a, District of Columbia Code (Penal Provisions), has been added.

BY ORDER OF THE SECRETARY OF WAR:

G. C. MARSHALL
Chief of Staff

OFFICIAL:

J. A. ULIO
Major General
The Adjutant General

TABLE OF CONTENTS

Sections

Pages

1-21

CHAPTER 1. The Army of the United States: Regular Army 2-110a

2. Army Personnel

.112-353

3. Articles of War

359-479

4. Use of the Army

.480-493

5. Army Service and Post Schools

.506-517

6. Aeronautics

.518-524c.

7. Bonds

..526-550

8. Citizenship and Naturalization

..551-565a

9. Civilian Officers and Employees

..566a-700

10. Claims Against the United States

..701-721b

11. Claims by the United States

.722-724

12. Contracts

.726–747

13. Federal Courts

.755-767a

14. Court of Claims

.770a-780

15. Criminal Code

.803-857

15a. District of Columbia Code

(Penal Provisions)

..857a-101—857d-609

16. Deceased Persons

.859a-863a

17. Executive Departments

.865a-900

18. Insignia

...901-936

19. Land and Buildings

.938a-1059

20. Medical Treatment and Veterans' Relief......1059a-1167

21. Military Academy

.1171-1239

22. Military Training

.1244-1255

23. National Guard

.1263-1333

24. Administration of Oaths

1335-1337

25. Organized Reserves

.1339a-1366a

26. Patents

„1367-1371b

26a. Pay Readjustment Act of 1942 ....1371c-1-1371c-20

27. Pay and Allowances, Military Personnel .....1372–1552

28. Pay and Allowances, National Guard, Or-

ganized Reserves, and Civilians in Mili-

tary Training

.1553-1598

29. Pay and Allowances, Civilian Employees.....1601-1634a

30. Public Money and Finance

.1641-1765

31. Public Printing and Documents

.1771-1787

32. Rivers, Harbors, and Waterways

.1790–1892

33. Statutes

.1903–1922

34. Supplies and Services (Procurement)

...........1925-2012

35. Supplies and Equipment (Public Property) 2014–2116

36. Territories and Insular Possessions ....... 2122-2142

37. Uniform

..2148-2149a

38. War

..2160--2292-6

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THE CONSTITUTION OF THE UNITED STATES OF

AMERICA

ARTICLE I. LEGISLATIVE DEPARTMENT

Section 2. House of Representatives
CLAUSE 1. QUALIFICATION OF VOTERS

Notes of Decisions

un

Residence.-A person's "residence" is ordi- | within meaning of Maryland statute pronarily determined by his intention, coupled viding for substituted service on nonresident with overt acts evidencing such intention, involved in automobile collision within State, and hence in order to establish that an facts tending to show that soldier intended married soldier transferred pursuant to mili- to establish his residence, at least for the tary orders from Texas to a military reser- time being, in Maryland must be established. vation within territorial boundaries of Mary- United Services Automobile Ass'n. v. Harland was not

a nonresident of Maryland) man (Tex., 1941), 151 S. W. (20) 609.

CLAUSE 3. APPORTION MENT The act of November 15, 1941 (55 Stat. 761), provides for apportioning Representatives in Congress among the several States by the equal proportions method.

Section 6. Rights of members
CLAUSE 2. MEMBERS NOT TO HOLD OTHER OFFICE

Notes of Decisions

Serving in the armed forces.-An officer of Under the practice which has long prethe Army or the Navy is, in general, a per- vailed, Members of Congress may enter the son holding office under the United States.

armed forces by enlistment, commission or Both the House and Senate, exercising their otherwise but thereupon cease to be Members constitutional prerogative, have determined

of Congress provided the House or the Senate, upon occasions in the past that service with the armed forces of the United States is in- as the case may be, chooses to act. (Dec. compatible with membership in the Congress. 23, 1943), 40 Op. Atty. Gen. No. 76.

Section 7. Bills and Resolutions
CLAUSE 2. APPROVAL OR OBJECTION BY PRESIDENT

Notes of Decisions

Pocket veto. The two Houses of Congress sion: "If any Bill shall not be returned by adjourned on Thursday, July 8, 1943 under the the President within ten Days (Sundays exterms of Senate Concurrent Resolution 17, cepted) after it shall have been presented to stand adjourned until 12 o'clock meridian to him, the Same shall be a Law, in like on Tuesday, September 14, 1943, or until 12 Manner as if he had signed it, unless the o'clock meridian on the third day after their Congress by their Adjournment prevent its respective Members were notified by the Pres- Return, in which Case it shall not be a Law" ident of the Senate and the Speaker of the (Const. art. 1, sec. 7, cls. 2). Failure by the House of Representatives to reassemble in President to return bills which were presented accordance with section 2 of the Resolution. to him before and after the adjournment of Held: The adjournment, or recess in this case, Congress resulted in their being pocket veconstituted an adjournment as contemplated toed and not becoming law. (July 16, 1943), by the Constitution in the following provi- | 40 Op. Atty. Gen. No. 70.

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