than $10,000, or imprisoned not more than five years, or both. Sec. 12, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 128); 22 U. S. C. 245g.

For the purposes of this Act

(a) The term "United States," when used in a geographical sense, includes the several States and Territories, the insular possessions of the United States (including the Philippine Islands), the Canal Zone, and the District of Columbia. (b) The term "person" includes a partnership, company, association, or corporation, as well as a natural person.

(c) The term "vessel" means every description of watercraft (including aircraft) or other contrivance used, or capable of being used, as a means of transportation on, under, or over water.

(d) The term "American vessel" means any vessel (including aircraft) documented under the laws of the United States.

(e) The term "vehicle" means every description of carriage (including aircraft) or other contrivance used, or capable of being used, as a means of transportation on or over land.

(f) The term "state" shall include nation, government, and country. Sec. 13, added to pub. res. of Aug. 31, 1935, by pub. res, of May 1, 1937 (50 Stat. 128); 22 U. S. C. 245g-1.

If any of the provisions of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Sec. 14, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 128); 22 U. S. O. 245h.

There is hereby authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and accomplish the purposes of this Act. Sec. 15, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 128); 22 U. S. C. 245i.

Proclamation No. 2141, October 5, 1935, superseded by No. 2159, February 20, 1936, issued under section 1, supra, proclaimed that a state of war existed between Ethiopia and Italy, prohibited the export of "arms, ammunition, or implements of war" to the belligerent nations, and enumerated the articles covered thereby. These proclamations were revoked by Proclamations Nos. 2179 and 2180, respectively, June 20, 1936.

Proclamation No. 2236, May 1, 1937, issued under section 1, supra, proclaimed that a state of civil strife existed in Spain, prohibited the export of "arms, ammunition, or implements of war" thereto, and enumerated the articles covered thereby. See Part VII, Laws and Regulations Governing the International Traffic in Arms, etc., issued by the Department of State under date of June 1, 1937 (2 F. R. 1128), superseded March 31, 1938 (3 F. R. 817).

Articles to be considered "arms, ammunition, and implements of war" were declared and proclaimed by Proclamation No. 2138, September 25, 1935, superseded by Proclamation No. 2163, April 10, 1936, and by Proclamation No. 2237, May 1, 1937. Rules and regulations for the enforcement of this section were promulgated by the Secretary of State in the Federal Register of May 5, 1936, and in Parts I-IV, Laws and Regulations Governing the International Traffic in Arms, etc., dated June 1, 1937 (2 F. R. 1120), superseded March 31, 1938 (3 F. R. 811).

The Secretary of State issued regulations governing the soliciting and receiving of contributions for use in Spain (May 5, 1937, 2 F. R. 945), from which the American National Red Cross was exempted (2 F. R. 965).

Under section 10, supra, the Secretary of State issued regulations governing the carriage of small arms and ammunition on American vessels engaged in commerce with Spain (May 1, 1937, 2 F. R. 945).

2208. Export of arms and munitions; to the Chaco.-That if the President finds that the prohibition of the sale of arms and munitions of war in the United

States to those countries now engaged in armed conflict in the Chaco may contribute to the reestablishment of peace between those countries, and if after consultation with the governments of other American Republics and with their cooperation, as well as that of such other governments as he may deem necessary, he makes proclamation to that effect, it shall be unlawful to sell, except under such limitations and exceptions as the President prescribes, any arms or munitions of war in any place in the United States to the countries now engaged in that armed conflict, or to any person, company, or association acting in the interest of either country, until otherwise ordered by the President or by Congress. Sec. 1, pub. res. of May 28, 1934 (48 Stat. 811).

Whoever sells any arms or munitions of war in violation of section 1 shall, on conviction, be punished by a fine not exceeding $10,000 or by imprisonment not exceeding two years, or both. Sec. 2, pub. res. of May 28, 1934 (48 Stat. 811). By Proclamation No. 2087 of May 28, 1934, this section was made applicable to Bolivia and Paraguay. This proclamation was revoked by Proclamation No. 2147, November 14, 1935, in view of the establishment of peace in the Chaco.

Notes of Decisions

Constitutionality. The Joint Resolution In international relations the President is [of May 28, 1934] is not an unconstitutional the sole organ of the Federal Government. delegation of legislative power to the Executive.

The powers of the Federal Government over foreign or external affairs differ in nature and origin from those over domestic or internal affairs.

The investment of the Federal Government with the powers of external sovereignty did not depend upon the affirmative grants of the Constitution.

In the international field, the sovereignty of the United States is complete.

In view of the delicacy of foreign relations and of the power peculiar to the President in this regard, Congressional legislation which is to be made effective in the international field must often accord to him a degree of discretion and freedom which would not be admissible were domestic affairs alone involved. U. S. v. Curtiss-Wright Export Corp. (1936), 299 U. S. 304, reversing (D. C., 1936), 14 F. Supp. 230.

2209. Export of arms and munitions; to Spain. That during the existence of the state of civil strife now obtaining in Spain it shall, from and after the approval of this Resolution be unlawful to export arms, ammunition, or implements of war from any place in the United States, or possessions of the United States, to Spain or to any other foreign country for transshipment to Spain or for use of either of the opposing forces in Spain. Arms, ammunition, or implements of war, the exportation of which is prohibited by this Resolution, are those enumerated in the President's Proclamation No. 2163 of April 10, 1936.

Licenses heretofore issued under existing law for the exportation of arms, ammunition, or implements of war to Spain shall, as to all future exportations thereunder, ipso facto be deemed to be cancelled.

Whoever in violation of any of the provisions of this Resolution shall export, or attempt to export, or cause to be exported either directly or indirectly, arms, ammunition, or implements of war from the United States or any of its possessions, shall be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

When in the judgment of the President the conditions described in this Resolution have ceased to exist, he shall proclaim such fact, and the provisions hereof shall thereupon cease to apply. Pub, res. of Jan. 8, 1937 (50 Stat. 3).

2210. Export of tin.-That, in the interest of national defense, it is hereby declared to be the policy of Congress and the purpose and intent of this Act to protect, preserve, and develop domestic sources of tin, to restrain the depletion of 136307-40- -64

domestic reserves of tin-bearing materials, and to lessen the present costly and dangerously dependent position of the United States with respect to resources of tin. Sec. 1, act of Feb. 15, 1936 (49 Stat. 1140); 50 U. S. C. 86.

There shall not be exported from the United States after the expiration of sixty days from the enactment of this Act any tinplate scrap, except upon license issued by the President of the United States. The President is authorized to grant licenses upon such conditions and regulations as he may find necessary to assure in the public interest fair and equitable consideration to all producers of this commodity. Sec. 2, act of Feb. 15, 1986 (49 Stat. 1140); 50 U. S. C. 87.

Any violations of the provisions of this Act shall be a misdemeanor and shall be punished by a fine of not more than $500 or by imprisonment of not more than one year, or by both such fine and imprisonment. Sec. 3, act of Feb. 15, 1936 (49 Stat. 1140); 50 U. S. C. 88.

Authority to grant licenses under this section was delegated to the Secretary of State by Executive Order No. 7297, February 16, 1936. Regulations for administration were issued by the National Munitions Control Board under date of December 7, 1936 (1 F. R. 2449). and by the Secretary of State in Part VIII, Laws and Regulations Governing the International Traffic in Arms, etc., dated June 1, 1937 (2 F. R. 1130), superseded March 31, 1938 (3 F. R. 820).

2211. Taking for public use; private property.-That a commission is hereby created to study and consider amending the Constitution of the United States to provide that private property may be taken by Congress for public use during war and methods of equalizing the burdens and to remove the profits of war, together with a study of policies to be pursued in event of war. The commission shall report definite recommendations to the President of the United States to be by him transmitted to the Congress not later than the first Monday in December 1931, together with copies of its proceedings and hearings and to report if, in their opinion, any constitutional amendment be necessary to accomplish the purposes desired: Provided, That said commission shall not consider and shall not report upon the conscription of labor. Sec. 1, pub. res. of June 27, 1930 (46 Stat. 825).

That said commission shall be composed of four Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, and four Members of the Senate, to be appointed by the President of the Senate, the Secretary of War, Secretary of the Navy, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, and the Attorney General. Sec. 2, pub, res, of June 27, 1930 (46 Stat. 826).

The said members to be appointed by the Speaker of the House of Representatives and the President of the Senate shall meet as soon as possible after the enactment of this resolution in the city of Washington, District of Columbia. The Secretary of War shall supply from the War Department all necessary office and clerical assistance. Sec. 3, pub. res. of June 27, 1930 (46 Stat. 826).

When said commission shall meet it shall organize by electing one of its number as chairman and another as vice chairman and shall appoint a secretary. Sec. 4. pub. res. of June 27, 1930 (46 Stat. 826).

That no compensation shall be paid any member of said commission, and no expenses shall be incurred by them except the actual expenses of sustenance and travel for the members of the commission and printing and clerical assistance that cannot be reasonably provided by the War Department. Sec. 5, pub. res, of June 27, 1930 (46 Stat. 826).

For report called for by above section see House Document No. 163, 72nd Congress.

2212. Taking for manufacture of explosives; property of Tennessee Valley Authority. The Government of the United States hereby reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the property described or referred to in this act for the purpose of manufacturing explosives or for other war purposes; but, if this right is exercised by the Government, it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the purchase of electric power or fixed nitrogen or fertilizer ingredients is hereby violated, after the amount of the damages has been fixed by the United States Court of Claims in proceedings instituted and conducted for that purpose under rules prescribed by the court. Sec. 20, act of May 18, 1933 (48 Stat. 68); 16 U. S. C. 8318.

The above provision is from the "Tennessee Valley Authority Act of 1933." See 1975, ante.