For sale by the Superintendent of Documents, U. S. Government Printing Office Washington, D. C. Price $2.00 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 OFFICIAL: J. A. ULIO ID CHAPTER 1. The Army of the United States: Regular Army 2–110a 5. Army Service and Post Schools 8. Citizenship and Naturalization 9. Civilian Officers and Employees 10. Claims Against the United States 11. Claims by the United States 15a. District of Columbia Code 20. Medical Treatment and Veterans' Relief....1059a-1167 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- 29. Pay and Allowances, Civilian Employees.....1601-1634a 31. Public Printing and Documents 32. Rivers, Harbors, and Waterways 34. Supplies and Services (Procurement) ..1925-2012 35. Supplies and Equipment (Public Property) 2014–2116 THE CONSTITUTION OF THE UNITED STATES OF AMERICA ARTICLE I. LEGISLATIVE DEPARTMENT Section 2. House of Representatives Notes of Decisions Residence.- A person's "residence" is ordi- within meaning of Maryland statute proDarily 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 un- 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 nopresident of Maryland man (Tex., 1941), 151 S. W. (20) 609. a CLAUSE 3. APPORTIONMENT The act of November 16, 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 or 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 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 reto.-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. |