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index, substantially on the plan of the existing Supplement, shall be stereotyped and printed at the Government Printing Office; the plates and all rights thereto to be the property of the United States. Sec. 2, act of Feb. 27, 1893 (29 Stat. 478).
That the number of copies of said pamphlet and the distribution and salc thereof shall be the same as provided for the printing, distribution, and sale of said Supplement by the act of April ninth, eighteen hundred and ninety, chapter seventy-three (First Supplement to Revised Statutes, second edition, page seven hundred and twelve). Sec. 3, act of Feb. 27, 1893 (27 Stat. 478).
By act of Jan, 12, 1895 (28 Stat. 614), 200 copies were required to be furnished to the War Department.
Notes of Decisions.
Status of publisher.---A person employed by Congress to prepare and edit the publi. cation of the statutes at the end of each
session is not an officer, but a contractor. Drury v. U. S. (1908), 43 Ct. Cl. 237.
2987. Preservation of copies of the Statutes at Large.--The various officers of the United States, to whom, in virtue of their offices and for the uses thereof, copies of the United States Statutes at Large, published by Little, Brown and Company, have been or may be distributed at the public expense, by authority of law, shall preserve such copies, and deliver them to their successors respectively as a part of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the statutes distributed to any such officers. R. S. 1777. 2988. The Statutes at Large as evidence.--
The pamphlet copies of the statutes and the bound copies of the Acts of each Congress shall be legal evidence of the laws and treaties therein contained in all the courts of the United States and of the several States therein. The said pamphlet and the Statutes at Large shall contain all laws, joint and concurrent resolutions passed by Congress, and also all conventions, treaties, proclamations, and agreements.
Sec. 73, act of Jan. 12, 1895 (28 Stat. 615).
Notes of Decisions.
Act of Congress as evidence.--The acts of Congress, as they stand approved by the President and enrolled in the Department
of State, are conclusive evidence of the written law, (1857) 9 Op. Atty. Gen, 1.
2989. Little & Brown's edition of the statutes to be evidence.The edition of the laws and treaties of the United States, published by Little & Brown, shall be competent evidence of the several public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof. R. S. 908.
The edition of the laws, etc., mentioned in this section, included vols. 1-17 of the Statutes at Large, which were published under contracts with the publishers named. Said contracts were terminated by sec. 1, act of June 20, 1874 (18 Stat. 113).
As to judicial notice taken of acts of Congress, see ante, 2977, 2988.
2990. Definitions of terms used in statutes.-In determining the meaning of the revised statutes, or of any act or resolution of Congress passed subsequent to February twenty-fifth, eighteen hundred and seventy-one, words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular; words importing the masculine gender may be applied to females; the words "insane person" aud "lunatic” shall include every idiot, non compos, lunatic, and insane person; the word person” may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in a more limited sense; and a requirement of an “ oath" shall be deemed complied with by making affirmation in judicial form, R, S. 1.
The word vessel ” includes every description of water-craft or other arti. ficial contrivance used, or capable of being used, as a means of transportation on water. R. S. 3.
The word "vehicle” includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. R. S. 4. The word “
company or "association," when used in reference to a corporation, shall be deemed to embrace the words “successors and assigns of such company or association,” in like manner as if these last-named words, or words of similar import, were expressed. R. S. 5.
2991. Laws in effect in Hawaii.-- That the Constitution, and, except as other wise provided, all the laws of the United States, including laws carrying gen. eral appropriations, which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and forty-one to eighteen hundred and ninety-one, inclusive, nineteen hundred and ten and nineteen hundred and twelve, of the Revised Statutes, and the amendments thereto, and an Act entitled "An Act to prohibit the passage of local or special laws in the Territories of the United States, to limit territorial indebtedness, and for other purposes," approved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii. Sec. 5, act of Apr. 30 1900 (31 Stat. 141), as unended by sec. 1, act of May 27, 1910 (36 Stat. 443).
That the laws of Hawaii not inconsistent with the Constitution or laws of the United States or the provisions of this Act shall continue in force, subject to repeal or amendment by the legislature of Hawaii or the Congress of the United States. Sec. 6, act of Apr. 30, 1900 (31 Stat. 142).
Sec. 5, as originally enacted, provided that the Constitution, and, except as otherwise provided, all the laws of the United States not locally inapplicable should have the same force and effect within the Territory as elsewhere in the United States, with a proviso that R. S. 1850, 1890, should not apply to the Territory. It was amended by adding the clause “including laws carrying general appropriations," and by changing the proviso to read as set forth here.
R. S. 1910, 1912, mentioned in this section, containing provisions relating to the courts of certain Territories named or referred to therein, were superseded by the ad. mission of all said Territories to the Union as States.
Notes of Decisions.
Constitution and laws applicable.- When territory is acquired by treaty or conqrest, or otherwise, its relation to the nation ac. quiring it depends upon the laws of that pation, unless controlled by the instrument of cession.
(1898) 22 Op. Atty. Gen. 150,
The resolution annexiog the Hawaiian Islands is intended to have tbe effect of a treaty of cession merely, whereby those islands become, in a broad sense, subject to American sovereignty.
How that sovereignty will regulate their status with regard to itself and its laws is not thereby intended to be determined. Id.
The laws of the United States affecting the Hawajian Islands, as well as the laws of such isiands, are to remain generally
undisturbed by reason of the resolution of annexation, until Congress provides a Gov. ernment therefor, (1898) 22 Op. Atty. Gen. 249.
2992. Laws in effect in Porto Rico.-That the laws and ordinances of Porto Rico now in force shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided for Porto Rico or by Act of Congress of the United States; and such legislative authority shall have power, when not inconsistent with this Act, by due enactment to amend, alter, modify, or repeal any law or orilinance, civil or criminal, continued in force by this Act as it may from time to time see fit. Sec. 57, act of March 2, 1917 (39 Stat. 968).
That all laws or parts of laws applicable to Porto Rico not in conflict with any of the provisions of this Act, including the laws relating to tariffs, customs, and duties on importations into Porto Rico prescribed by the Act of Congress entitled “An Act temporarily to provide reven nies and a civil government for Porto Rico, and for other purposes," approved April twelfth, vineteen hundred, are hereby continued in effect, and all laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. Sec. 58, act of March 2, 1917 (39 Stat. 968).
That the statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States, except the internal-revenue laws: Provided, however, That hereafter all taxes collected under the internalrevenue laws of the United States on articles produced in Porto Rico and transported to the United States, or consumed in the island shall be covered into the treasury of Porto Rico. Sec. 9, act of Mar. 2, 1917 (39 Stat, 954).
2993. Laws in effect in Alaska.--That the Constitution of the United States, and all the laws thereof which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States; that all the laws of the United States heretofore passed establishing the executive and judicial departments in Alaska shall continue in full force and effect until amended or repealed by act of Congress; that except as herein provided all laws now in force in Alaska shall continue in full force and effect until altered, amended, or repealed by Congress or by the legislature: Sec. 3, act of Aug. 24, 1912 (37 Stat, 512).
Notes of Decisions. Constitution and laws applicable.-Consti- Powers of Congress.-In legislating for tution and laws applicable to Alaska. Ras- Alaska, Congress excrcises the combined mussen v. U. S. (1905), 25 Sup. Ct. 514, powers of the General and State Govern518, 197 U, S. 516, 49 L. Ed. 862; Nagle v. ment. The Alaska Code is to be considered U.S. (1911), 191 Fed. 141, 111 C. C. A. 621. and construed as if enacted by the legisla
The common law by act of Congress has ture of a State. Allen v. Myers (1901), 1 been declared to be in force in the Territory
Alaska, 114. of Alaska. McCloskey v. Pacific Coast Co. (1908), 160 Fed. 794, 87 C, C. A. 568, 22 L. R. A. (N, S.) 673.
2994. Laws in effect in the Philippine Islands. That the provisions of this Act and the name "The Philippines" as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of
peace concluded between the United States and Spain on the eleventh das of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred. Sec. 1, act of Aug. 29, 1916 (39 Stat. 545).
That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands except when they specifically so provide, or it is so provided in this Act. Sec. 5, act of Aug. 29, 1916 (39 Stat. 547).
That the laws now in force in the Philippines shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by Act of Congress of the United States. Soc. 6, act of Aug. 29, 1916 (39 Stat. 547).
That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of this Act are hereby continued in force and effect Sec. 31, act of Aug. 29, 1916 (39 Stat, 556).
29941. Laws in effect in Canal Zone.—That all laws, orders, regulations, and ordinances adopted and promulgated in the Canal Zone by order of the Presi. dent for the government and sanitation of the Canal Zone and the construction of the Panama Canal are hereby ratified and confirmed as valid and binding until Congress shall otherwise provide. The existing courts established in the Canal Zone by Executive order are recognized and confirmed to continue in operation until the courts provided for in this Act shall be established. Sec. 2, act of Aug. 24, 1912 (37 Stat. 561).
Notes of Decisions.
AB order of the President continuing in that a change of sovereignty does not end force for the government of the Canal Zone existing private law, and that the act " the laws of the land, with which the in- neither fastened upon the Zone a specific habitants are familiar," etc., was construed civil-law interpretation of the Code nor by the Government as including the Civil overthrew the principle of common-law conCode of Panama, and was followed by an struction adopted and applied by the Suact of Congress ratifying the laws, orders, preme Court of the Zone before the act etc., promulgated by the President.
Held, was passed. Panama Railroad Co. v. Bosse that the order merely embodied the rule (1918), 249 U. S. 41.
2995. Laws concerning the military establishment.-All existing laws pertain. ing to or affecting the United States Military Academy and civilian or military personnel on duty thereat in any capacity whatever, the officers and enlistel men on the retired list, the detached and additional officers under the Act of Congress approved March third, nineteen hundred and eleven, recruiting parties, recruit depots and unassigned recruits, service school detachments, United States disciplinary barracks guards, disciplinary organizations, the Philippine Scouts, and Indian scouts shall continue and remain in force except as herein specifically provided otherwise. Sec. 22, act of June 3, 1916 (59 Stat, 181).
For act of Mar. 3, 1911, mentioned above, see 2362, ante.
2996. Revision and codification of military laws.-That the Secretary of War is hereby directed to cause to be prepared, with as much expedition as may be consistent with thoroughness, to be finished within two years, a revision and codification of the military laws of the United States, which shall conform in scope and character to the revision and codification of the laws of the United States of a permanent and general nature directed by the Act of
March third, nineteen hundred and one. The Secretary of War shall submit to Congress a report of progress of the revision and codification herein directed upon the first day of the second session of the Sixty-fourth Congress, and, when the revision and codification is completed, he shall cause a copy of the same, in print, to be submitted to Congress, that the statutes so revised and codified may be reenacted if Congress shall so determine. Act of Aug. 29, 1916 (39 Stat. 627).
2997. Compilation of laws concerning river and harbor improvements.-That the laws of the United States relating to the improvement of rivers and harbors, passed between March 4, 1913, until and including the laws of the third session of the Sixty-sixth Congress, shall be compiled under the direction of the Secretary of War and printed as a document, and that six hundred additional copies shall be printed for the use of the War Department. Sec. 6, act of June 5, 1920 (41 Stat. 1014).
29971. Rules for military forces.-The Congress shall have power
To make Rules for the Government and Regulation of the land and naval Forces; * Art. 1, sec. 8, Constitution of the United States.
Notes of Decisions.
Power in general.--The control of the National Government, under this constitutional provision, as well as under the constitutional power “ to raise and support armies," ante 2785, is plenary and exclusive. It can determine, without question from any State authority, how the armies shall be raised, whether by voluntary enlistment or forced draft, the age at which the soldier shall be received, and the period for which he shall be taken, the compensation he shall be allowed, and the seryice to which he shall be assigned. And after the forces are raised it can define what shall constitute military offenses, and prescribe their punishment. Tarble's Case (1871), 80 U. S. (13 Wall.), 397, 408.
The power of Congress to provide for the government of the land and naval forces
in peace and war" is not affected by amendments to the Constitution. In re Bogart (C. C. 1873), Fed. Cas. No. 1596.
The presideut, and subordinate executive officers, whether military or civil, possess a limited power to establish regulations, provided these be in execution of, and supplemental to, the statutes and statute regulations, but not to repeal or contradict exIsting statutes or statute regulations, nor to make provisions of a legislative nature, Ilence the "System of Orders and Instructions for the Navy, issued by President Fillmore “ Executive of the United States," February 15, 1853, is without legal validity and in derogation of the powers of Congress, (1853) 6 Op. Atty. Gen. 10.
The President bas no power, without express authority of law, to fix the relative rank of the line and civil or staff officers
of the Navy, this being an act of the legislative power reposed in Congress by the constitutional provision empowering Congress " to provide and maintain a Navy' and “to make rules for the government of the land and naval forces." (1862) 10 Op. Atty. Gen. 413.
It may now be considered settled by the practice of the Government that the regulation and government of the Army include, as being properly within their scope, the regulation of the appointment and promotion of officers therein, Hence Congress may impose such restrictions and limita. tions on the appointing power as it deems proper in regard to promotions or appointments to any and all vacancies in the Army, provided the restrictions and lími. tations be not incompatible with the exercise of the appointing power. (1873) 14 Op. Atty. Gen. 164,
The provision in the naval appropriation act of Mar. 3, 1909 (35 Stat. 753, 773), that no part of the appropriations therein made for the Marine Corps shall be expended unless officers and enlisted men of that corps shall serve, as theretofore, on board all battleships and armored cruisers, etc., in detachments of not less than 8 per cent of the strength of the enlisted men of the Navy on such vessels, is constitutional. (1909) 27 Op. Atty. Gen, 259.
Power as distinct from power of Presi. dent. The power of the President to command the Army and Navy and of Congress “ to make rules for the government and regulation of the land and naval forces " are distinct, The President can not by military orders evade the legislative regu