Contract Settlement Act. *Contracts. 357.
Abandonment of American vessel to foreign insurer.
The abandonment of an American vessel by her owner to
a foreign insurer and acceptance of the abandonment by the
insurer is a "sale foreign" within the meaning of section 27
of the Merchant Marine Act, 1920 (46 U. S. C. 883), as
amended. 342.
A vessel so abandoned may not thereafter engage in the
coastwise trade. 342.
Court-martial; forfeiture of pay.
Freight charges, time for payments. *Carriers. 353.
Government vessels, foreign ports. *Contracts. 267.
Load lines, changed conditions. *Treaties. 119.
Pooling of traffic. *Carriers. 162.
Vessels stricken from Navy register. *Navy. 321, 436.
SILVER.
Licensing for use in war production.
The Secretary of the Treasury is authorized to lease or
license the use of "free silver" (uncoined silver owned by the
Government which need not be held as security for outstand-
ing silver certificates) in place of copper for war production in
both Government and privately owned plants under an
agreement to assure the return of the silver. 171,
SMITHSONIAN INSTITUTION.
Gift, application of income. *Library of Congress. 66.
SOCIAL SECURITY.
Act not applicable to non-profit hospitals.
The history of the Social Security Act, as amended, supports
the interpretation, adopted by the Bureau of Internal Reve-
nue in respect of identical provisions in the Federal Insurance
Contributions Act, that employment by a non-profit hospital
is excluded from application of the Social Security Act. 286.
The Federal Security Administrator is advised to adopt an
interpretation in accord with that of the Bureau of Internal
Revenue. 286.
SOLDIERS' AND SAILORS' CIVIL RELIEF ACT.
Applicable to Federal Government.
The Soldiers' and Sailors' Civil Relief Act of 1940 (50
U. S. C. App. 512) is applicable to all agencies of the Federal
Government and, therefore, to the several lending programs of
the Department of Agriculture. 97.
Jurisdiction to try. *Courts-Martial. 561.
SQUAW BUTTE EXPERIMENTAL STATION.
Land, withdrawal from entry. *Lands. 73.
STATUTES.
Joint resolution.
A joint resolution, approved by the President, is plainly a
law of the United States.
Constitutionality, opinions.
Veto of bills by President.
469.
*Attorney General.
*Constitutional Law.
*Constitutional Law.
STATUTORY CONSTRUCTION.
Absurdity to be avoided.
Principle applied. 103.
Administrative construction controlling.
The courts ordinarily give weight to an administrative
construction of a statute and will not overrule it unless clearly
wrong, or unless a different construction is plainly required.
286.
To disturb now the contemporaneous, uniform and long-
continued construction, under which rights have been de-
termined and adjusted, would be wholly unwarranted. 431.
Administrative construction, knowledge imputed to Congress.
Knowledge by the Congress of administrative construction
must be assumed. 51.
The Congress is chargeable with knowledge that the word
"widow," as used in prior laws relating to veterans' preference,
had been interpreted as including remarried widows. 391.
Administrative construction, legislative acquiescence.
The abscence of any apparent purpose to depart from a
practice previously followed is significant.
Principle applied. 407, 431.
Application to Government.
A statute may be applicable to the Government without
an express declaration to that effect. 97.
The Soldiers' and Sailors' Civil Relief Act of 1940 (50
U. S. C. App. 512) is applicable to all agencies of the Federal
Government and, therefore, to the several lending programs
of the Department of Agriculture.
Application to territories and possessions.
In the abscence of express statutory provision covering the
point, the question whether an act of Congress is applicable to
the various territories and possessions of the United States
depends upon the nature and general purposes of the
legislation. 42.
Conflict, latest expression controlling.
Although section 10 of the Hatch Act (18 U. S. C. 61j)
declares that its provision are in addition to and not in sub-
stitution for any other provision of law, yet if it be found
that the provisions of the act are in conflict with the civil
service rules so that the statute and the rules cannot stand
together, the statute, since it is the latest expression of the
Congress on the subject, must control.
STATUTORY CONSTRUCTION-Continued.
It is a well-known rule of statutory construction, that
general language will not be construed to include matters
specifically dealt with in another part of the statute. 454.
Interpretation by subsequent Congress.
The interpretation of a statute passed by one Congress is not
controlled by any view that may be attributed to a subsequent
Congress concerning its meaning. 191.
Irrational result to be avoided.
Principle applied. 9.
Proviso in one statute omitted in another.
It is not a controlling factor that the Congress has provided
in one statute for appointments without regard to the Classifi-
cation Act (42 Stat. 1489) and has failed to include such a
provision in another statute, since such provisions are some-
times inserted merely to remove doubt. 191.
Repeal by implication not favored.
Repeal of a statute or a part thereof by implication is not
favored. The intention of the legislature to repeal "must be
clear and manifest."
Repeal of an earlier statute by implication is not favored.
Unless there is a clear indication of the intention of the legis-
lature, the courts give effect to both statutes, if possible. 321.
Revision of prior law.
A revision of prior statutes must be read in connection with
the former acts. 51.
Rules of Construction, when used.
The canon of construction that a sovereign is presumptively
not intended to be bound by its own statutes unless named
therein, like all canons of construction, is merely an aid in
arriving at legislative intent, and the presumption raised by
it is not conclusive. Moreover, as applied by the courts in
this country, the canon is subject to certain exceptions. 97.
The rule against resorting to evidence of legislative intent
when language is plain "is rather an axiom of experience than
a rule of law and does not preclude consideration of persuasive
evidence if it exists." 9.
Expressio unius est exclusio alterius is another axion of ex-
perience, properly to be considered when applicable but not
necessarily controlling. 9.
The specific mention of two exceptions in a statute does not
necessarily imply that the act covers all other possible cases,
where the general purpose and history of the act point to a
different conclusion. 202.
Social Security Act-tax statutes.
The history of the Social Security Act, as amended, sup-
ports the interpretation, adopted by the Bureau of Internal
Revenue in respect of identical provisions in the Federal
STATUTORY CONSTRUCTION-Continued.
Insurance Contributions Act, that employment by a non-
profit hospital is excluded from application of the Social
Security Act. 286.
The Federal Security Administrator is advised to adopt an
interpretation in accord with that of the Bureau of Internal
Revenue. 286.
The war powers of the President and the Congress do not
automatically cease upon the termination of actual fighting.
Any question as to the termination of an individual statute
must be determined in the light of the statute's history and
purpose, and in the light also of the factual conditions pre-
vailing at the time the question is raised.
Word added in later enactment.
The Veterans' Preference Act of June 27, 1944 (58 Stat.
387) confers benefits upon "unmarried widows." The prior
law had used the term "widow" (interpreted as including
remarried widows). It must be presumed the Congress in-
tended that the added word, "unmarried," be given some effect.
391.
Power of President to seize properties. *Labor Disputes. 312.
War Labor Disputes Act. *Labor Disputes. 278, 306, 312, 500.
SUBSIDIES.
Payment of subsidies to canners of tomato juice.
The Secretary of Agriculture is not precluded by any pro-
vision in the Emergency Price Control Act of 1942 or in the
First Supplemental National Defense Appropriation Act,
1943, from paying subsidies otherwise authorized by law to
canners of tomato juice under the circumstances stated. 221.
Producers of Commodities.
The authority conferred by section 2 (e) of the Emergency
Price Control Act of 1942 (56 Stat. 23) upon corporations
created under section 5d of the Reconstruction Finance
Corporation Act (48 Stat. 1108) includes authority to make
subsidy payments for the type of services described in section
302 (c) of the former act when these services are rendered with
respect to materials defined by the President as strategic or
critical. 244.
Persons, corporations, partnerships and other business
organizations rendering these services are "producers" within
the meaning of the phrase in section 302 (c), supra. 244.
SURPLUS PROPERTY.
Disposition to nonprofit educational institutions.
The War Assets Administration in disposing of property
under section 13 (a) of the Surplus Property Act of 1944 (58
Stat. 765) is authorized to grant discounts to newly formed
SURPLUS PROPERTY-Continued.
organizations which have been certified by the Bureau of
Internal Revenue as being nonprofit educational institutions
exempt from taxation under section 101 (6) of the Internal
Revenue Code.
Such discounts may amount to as much as 100% in cases
where the benefits to accrue to the United States from the
proposed use will equal or exceed the established current
market value of the property. 473.
Vessels stricken from Navy register. *Navy. 321, 436.
TAXATION.
State. *Farmers' Home Corporation. 107.
TAYLOR GRAZING ACT.
Land withdrawal from entry. *Lands. 73.
TENNESSEE VALLEY AUTHORITY.
Jurisdiction, General Accounting Office. *Accounts. 84.
TERRITORIES.
Citizenship of Filipinos. *Citizenship. 432.
Civil Service, citizens of Panama. *Employees.
Exportation of military equipment. *Exportation. 42.
Philippine Army. *Compensation. 281.
Philippine Army. *Insurance. 185.
Trap fishing, Alaska. *Fisheries. 175.
TIERRA DEL FUEGO.
Importations of meat.
Requisitioned for defense. *Requisitions. 240.
Subsidies to canners. *Subsidies. 221.
TORT CLAIMS ACT.
Delegation of authority. *Claims. 503.
Effect on prior statutes. *Claims. 527.
Interagency. *Property. 483.
International Agreement executed by President.
Proposed agreement establishing United Nations' head-
quarters, when executed by the President pursuant to a joint
resolution of the Congress, will have the same binding effect
as a treaty in superseding inconsistent State and local laws.
469.
Load Line Convention, changed conditions.
The International Load Line Convention (47 Stat. 2228)
was a peacetime agreement and has ceased to be binding
upon the United States under a well established principle of
international law because the basic conditions upon which it
was founded have essentially changed. 119.
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