WATER POWER PROJECT-Continued.

navigable tributary of the Kanawha River, a navigable stream. 355.

2. Same.

The Commission is not required to insert in a lease issued for this project any conditions, except the fifty-year limitation upon the terms of the lease, which, in its judgment, are not necessary or appropriate to fully utilize the waters of the New River in the protection or development of navigation of the Kanawha River. 355.

WATERWAYS.

Federal project for waterway from Utica, Illinois, to Lake Michigan. Respecting the adoption of a proposed Federal project for a waterway from Utica, Illinois, to Lake Michigan, including the Illinois State Waterway, in advance of an amendment to the constitution of the State of Illinois, and formal transfer of title by the State of Illinois to the United States, held:

First: That in dealing with this problem and having in mind the fact that the Illinois constitution may never be amended, and that no State officers may ever be authorized to relinquish this waterway to the United States, we must assume that the powers of the United States are limited to those which it may exercise under the Constitution without the consent of the State. 203.

Second: That with respect to those parts of the waterway under consideration which are navigable streams improved by the State, the powers of Congress are plenary, and without any amendment to the constitution of Illinois or any permission from the State, the United States, under appropriate Acts of Congress, may take complete control over the improvement of navigation and its regulation and provide for and insure to the public perpetual, free navigation. 203.

Third: That as to those parts of the waterway which are entirely artificial, Congress may provide for improvement and control of navigation and for the regulation and control thereof, so as to insure to the public the right of navigation, and to take such action as may be necessary to prevent interference with or obstruction to navigation, but probably subject to the qualification that without the consent of the State it can not be deprived of reasonable compensation for the use of its property. 203.

WIDOWS' PENSION. See PENSIONS, 2, 3.
WOMEN IN INDUSTRY.

CENSUS DATA. See CENSUS BUREAU.

WORDS AND PHRASES.

1. "Arising out of."-The words "arising out of" as used in the workmen's compensation acts require causal connection between employment and injury. 63.

WORDS AND PHRASES-Continued.

2. "At some naval station * * * or hospital."-The requirement of section 4694 of the Revised Statutes that an applicant for a pension in the naval service must, at the time of his injury, be "at some naval station * * * or hospital" is satisfied if he is regularly reporting for and discharging his assigned duties there. 161.

111.

3. "Civil employees of the U. S."-Employees of the International Fisheries Commission, created by the Convention of March 2, 1923, between the United States and Great Britain, are not "civil employees of the United States" within the meaning of the Federal Employees Compensation Act of September 7, 1916 (39 Stat. 742, 750). 4. "Civil life."-The phrase "civil life," as used in section 2 of the act of June 11, 1878 providing a permanent form of government for the District of Columbia, refers to those engaged in civil life, whether or not retired Army officers as distinguished from the military life of an officer in active service. 398. 5. "Claim" as used in sec. 19, World War Veterans' Act.-The term "claim" as used in this section, means any writing which alleges permanent and total disability at a time when the contract of insurance was in force, or which uses words showing an intention to claim insurance benefits. 460.

6. "Disagreement."-The term "disagreement" as used in section 19, World War Veterans Act (46 Stat. 993), means a denial of a claim by the Director of Veterans' Administration or someone acting in his name on appeal to the director. 460. 7. "Finally sentenced to confinement in a Federal penitentiary.”— One A. E. Tangren, a chief machinist in the U. S. Navy, was convicted by a Federal court of certain offenses against the United States and was sentenced to pay a fine of $1,000 and be imprisoned in a Federal penitentiary for a period of 18 months. The execution of his sentence of imprisonment was suspended under the Probation Act of March 4, 1925 (43 Stat. 1259), and he took no steps during the term at which his sentence was imposed to alter or set it aside. Held that the said Tangren has been "finally sentenced to confinement in a * * * Federal penitentiary" within the meaning of the Act of April 2, 1918 (40 Stat. 501), and consequently may be dropped from the rolls of the Navy by the President. 186.

8. "In the line of duty."—A sergeant major who was authorized by his brigade commander to visit a certain Marine Barracks and directed to leave on a definite date by a government owned truck carrying supplies to this marine barracks, and to return the next day by the same means of transportation, was injured on the return trip when the motor vehicle became unmanageable, and later died as a result of these injuries; held to have lost his life "in the line of duty." 439.

WORDS AND PHRASES-Continued.

9. "In the line of duty."-An injury sustained by an enlisted man while returning to duty at a naval hospital, was an injury "in the line of duty," under section 4693 of the Revised Statutes, and the injured man is entitled to a pension. 156.

10. "Naval stores."-"Naval stores," defined in the Naval Stores Act (42 Stat. 1435), are not agricultural commodities within the meaning of the Agricultural Marketing Act and hence the Federal Farm Board has no authority to deal with an organized group of producers of naval stores. 326. 11. "Result."-"Result" in the phrase "injury the result of his own misconduct" in the 107th Article of War, is a word in common use and indicates a necessary relation of cause and effect. 479. 12. "Result."-The word "result" in the phrase "injury as the result of training" appearing in section 213 of the World War veterans' act, 1924, should be interpreted in the light of the cases decided under the Workmen's Compensation Acts. 64. 13. "Serviceable airplanes."-Serviceable airplanes, as used in section 8 of the Air Corps Act, are those airplanes which, although out of repair and not fit for immediate service, do not require general repair or overhauling at the Air Corps depots. 419. 14. "Unserviceable airplanes."-Unserviceable airplanes, as used in section 8 of the Air Corps Act, are those in a condition which require general overhauling and repair at the Air Corps depots. 419.

WORKMEN'S COMPENSATION ACT.

DECISIONS, AS GUIDE IN DETERMINING WHETHER INJURY IS CAUSED BY TRAINING. See WORLD WAR VETERANS' ACT, 2, 3.

WORLD WAR VETERANS' ACT.

1. Application of Section 213 to case of William Bickel.-William Bickel, while in vocational training, accompanied his counselor in an automobile controlled by the latter to the site of a new job, and, while on the premises where the work was to be performed, a branch of a tree caught in the windshield of the automobile and snapped back into Bickel's face thereby injuring his right eye, held that Bickel's injury resulted from his training within the meaning of section 213 of the World War Veterans' Act, 1924 (43 Stat. 623), as amended. 61. 2. Same. When Congress inserted in section 213 of the World War Veterans' Act, supra, the requirement that injury must result from training, without attempting to define more closely the necessary degree of casual connection, it is assumed it intended that the general word "result" should be interpreted in the light of the cases decided under the Workmen's Compensation Acts. 61.

3. Same.

The opinion of June 12, 1926 (35 Op. 76) is hereby modified in so far as it intimates that cases decided under the

WORLD WAR VETERANS' ACT-Continued.

English Workmen's Compensation Act and the Workmen's Compensation Acts of the various States can not safely be resorted to for guidance in determining whether or not an injury in any given case results from training.

61.

4. Availability of uncollected $60 bonus to prevent lapse of war-risk insurance.-A check for the sixty-dollar bonus provided by section 1406 of the Revenue Act of 1918 (40 Stat. 1151) was mailed to an honorably discharged veteran of the World War on April 21, 1919, and was received by him while he was on his deathbed and unable to collect or negotiate it. He died April 26, 1919, and thereafter the check was paid to his widow, upon her indorsement. Held, under such circumstances, that the mailing of the check and its receipt by the payee did not constitute payment; that the amount thereof was uncollected at the time of payee's death and was therefore available to prevent lapse of his war-risk insurance under section 309 of the World War Veterans' Act, 1924, as amended; and that this was unaffected by the subsequent payment of the bonus to the widow of the payee. 113.

5 Compensation for injury to veteran of Spanish-American War resulting from hospitalization.-An honorably discharged veteran of the Spanish-American War, who was admitted to a Veterans' Bureau hospital and who in the course of his treatment sustained a fracture of the right femur, is entitled to the compensation provided by section 213 of the World War Veterans' Act, 1924, as amended. 101.

6. Same.-Military service during the period of the World War is not essential in the case of one otherwise entitled to the compensation provided by section 213 of the World War Veterans' Act, 1924, as amended. 101.

7. Effect of pardon upon offenses committed under section 504.One Leroy Damron pleaded guilty in a Federal court "to making a false and fraudulent statement concerning his claim as a vocational trainee," under section 504 of the World War Veterans' Act, as amended. Upon his conviction, sentence was suspended and he was placed on probation. Subsequently the President granted him "a full and unconditional pardon for the purpose of releasing him from probation and restoring his civil rights." Held that the pardon of Damron by the President restored him, as of the date of the pardon, to the rights to which he was entitled under Titles II and IV of the World War Veterans' Act, as amended, prior to the commission of his offense. 193.

8. Receipt by veteran of compensation and disability allowance.Payment of the disability allowance provided by section 11 of the Act of July 3, 1930, entitled "An Act to amend the World