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EIGHTH EDITION, 1939
CONTAINING LEGISLATION OF THE
This Supplement III supersedes Supplement I, 1940,
and Supplement II, 1942.
For sale by the Superintendent of Documents, U. S. Government Printing Office
Washington, D. C. Price $2.00
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
J. A. ULIO
TABLE OF CONTENTS
THE CONSTITUTION OF THE UNITED STATES OF
ARTICLE I. LEGISLATIVE DEPARTMENT
Section 2. House of Representatives
Notes of Decisions
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
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
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.