Gambar halaman
PDF
ePub
[blocks in formation]

1. Exportation of arms etc. from United States

1. Air rifles.-Paper caps for toy cap pistols could hardly be considered within the prohibition of the President's proclamation of March 14, 1912, issued pursuant to the joint resolution of the same date, forbidding the exportation of arms and munitions of war to Mexico, whereas air rifles might well be regarded within the prohibition. The question, however, is one of fact, dependent upon the character of the articles sought to be imported. 29: 570.

2. Same. Whether certain air rifles are "arms or munitions of war" within the meaning of the joint resolution of Congress passed March 14, 1912, and the President's proclamation of the same date issued in pursuance thereof, is purely a question of fact which the Attorney General does not feel quali

fied to decide. 30:9.

is

3. Cattle.-Importation.-There no authority of law (other than the quarantine act) forbidding the importation of cattle and other livestock from Mexican territory occupied by the revolutionists, the proceeds of which would be used to continue revolutionary activities. 30: 467.

4. Clothes and provisions are not munitions of war within the meaning of the amended joint resolution of March 14, 1912 (37 Stat. 630), prohibiting the export of arms or munitions of war to any American country in which, according to the President's proclamation, conditions of domestic violence exist, which are promoted by the use of such materials. 30: 213.

5. Coal and coke are not included in the term "munitions of war" as used in the President's proclamation of October 19, 1915. 30: 467.

6. Empty cars.--Ordinary empty cars belonging to Mexican railways are not "munitions of war" within the meaning of the President's proclamation of October 19, 1915, prohibiting the exportation of such munitions into Mexico. 30: 467.

[blocks in formation]

munitions of war to Mexico. 29: 414.

8. Machinery. The exportation into Mexico of machinery for use in the construction of a plant for the production of arms and ammunition does not fall within the purview of the President's proclamation of July 12, 1919, prohibiting the exportation of arms or munitions of war into that country. 32: 132.

9. Same. Under the provisions of the act of June 15, 1917 (40 Stat. 225), as long as a condition of war exists, the President can extend a prohibition on exportation to any article which he thinks should be restricted. 32: 132.

10. Saddles, etc.-Ordinary, as distinguished from military, riding saddles, stirrups, girths, hay, and other foodstuffs, and horses are not munitions of war within the meaning of the amended joint resolution of March 14, 1912 (37 Stat. 630), prohibiting the export of "arms or munitions of war" to any American country in which, according to the President's proclamation, conditions of domestic violence exist which are promoted by the use of such materials. 30: 227.

11. Same.-Opinion of April 20, 1912 (29 Op. 394), dissented from. 30: 227.

12. Same. The exportation of saddles, bridles, canteens, and carbine scabbards by merchants in the United States to other merchants in Mexico falls within the purview of the President's proclamation of March 14, 1912, prohibiting the export of arms or munitions of war to that country. 29: 394.

II. Boundaries

13. Rio Grande Boundary.-The authority of the International Water Boundary Commission, under the convention of 1889 (26 Stat. 1512) with Mexico, is restricted to the determina

DISAPPROVAL OF SENTENCE. See

tion of questions respecting the bound-
ary alone, and does not extend to the COURTS-MARTIAL, 3-5.
adjudication of private rights and lia-
bilities. 26: 250.

14. Same. The commission having found that the American Rio Grande Land & Irrigation Co., by the construction of its works, which changed the channel of the Rio Grande at a point forming the boundary line between the United States and Mexico, violated the stipulations of the treaty of November 12, 1884, the judgment is binding upon both countries, and the commission is functus officio as regards the carrying into effect of their decision. 26: 250.

15. Same. The Federal statutes (section 563, Rev. Stat., and act of August 13, 1888, section 1; 25 Stat. 433) provide a right of action and a forum to citizens of Mexico who have been injured by the action of the irrigation company. 26: 250.

16. Same. It is the duty of the United States to vindicate the injury done to Mexico regarding the boundary line, and to that end the United States may proceed by bill in equity to obtain mandatory relief in some appropriate form to compel the restoration of the status quo ante. Opinion of Attorney General Harmon (21 Op. 274) distinguished. 26: 250.

See also EXTRADITION, 1, 2.

[blocks in formation]

MILITARY DECORATIONS

See NAVY, II, a1, 52, 53.

MILITARY MOVEMENT OF TROOPS See Contracts, I, a, 11-13; I, b, 27; II, 45.

MILITARY POSTS

See ARMY, I, d, 10–14.

MILITARY PREFERENCE IN AP.
POINTMENT

See CIVIL SERVICE, V, 135–149.

MILITARY RESERVATIONS

See ARMY, I, d, 10-14; PUBLIC LANDS, I, 1; IV, 23, 25; TITLE TO LAND, 9.

MILITARY SERVICE

DRAFTED OR Enlisted MEN, REINSTATEMENT UNDER CIVIL SERVICE. See CIVIL SERVICE, III, g, 101–103.

GOVERNMENT EMPLOYEES, REINSTATEMENT UNDER CIVIL SERVICE. See CIVIL SERVICE, III, g, 113.

LIABILITY OF NEUTRAL DECLARANTS. See SELECTIVE SERVICE ACT, 3.

MILITARY STATUS

See ARMY, II, b, 44.

MILITARY TRIBUNALS

TRIALS OF SPIES. See COURTSMARTIAL, 15.

MILITIA

See ARMY, III, b, 50-52; Navy, V, 166, 167; PRESIDENT, II, 9.

MINE RESCUE

1. Lease of mine for experimentations. The leasing of a mine in Pennsylvania by the United States, on a cash payment of $1,500, for experimentations in mine rescue work, constitutes a purchase of land within the meaning of section 3736, Revised Statutes, which provides that no land shall be purchased on account of the United States, except under a law authorizing such purchase. 28: 463.

2. Same.-The statement in the opinion of September 15, 1910 (28 Op. 413), that it would be a wise precaution to have the titles to tracts of land to be acquired for the abovenamed purpose submitted to the Attorney General for his opinion as to validity, regardless of whether section 355, Revised Statutes, be applicable or not, contains no intimation that when section 355 does not apply the opinion of the Attorney General is not necessary. 28: 463.

3. Purchase of land for experimentation and instruction.-The acts of May 16, 1910 (36 Stat. 369), establishing a Bureau of Mines, and of June 25, 1910 (36 Stat. 742), making appropriation for its maintenance, do not authorize the purchase of land for mine-rescue stations. 28: 413.

4. Same.-Lands, or interest in lands, acquired by the United States without consideration, or for a mere nominal sum, do not evidence а purchase within the meaning of section 355 of the Revised Statutes. 28: 413.

5. Same.-Moneys appropriated for the maintenance of the Bureau of Mines may be expended in the erection of temporary structures on land acquired by the United States for minerescue work. 28: 413.

6. Same. The validity of the titles to the lands proposed to be acquired for mine-rescue work should be submitted to the Attorney General. 28: 413.

[blocks in formation]
[blocks in formation]

President under appropriations made by Congress are not subject to taxation by a State, nor can the chauffeurs operating said machines be taxed by a State for the privilege of performing the duties pertaining to their employment. 28: 604.

2. Automobile trucks sold in the United States and exported by the buyer. Where automobile manufacturers sell and deliver to a foreign buyer in the United States automobile trucks and the trucks are exported by the buyer, the sales thus made are taxable under section 600 of the war revenue act of October 3, 1917 (40 Stat. 316). 32: 567.

3. Transfer of motor vehicles by Secretary of War for improvement of highways. Section 5 of the sundry civil act of July 19, 1919, which relates to the disposal by the Secretary of War of motor-propelled vehicles and motor equipment, does not repeal section 7 of the act of February 28, 1919 (40 Stat. 1201), and hence the power of the Secretary of War remains in full force "in his discretion to transfer to the Secretary of Agriculture all available war material, equipment, and supplies not needed for the purposes of the War Department, but suitable for use in the improvement of highways * * * to be used on roads constructed in whole or in part by Federal aid." 32:45.

MOUND CITY NATIONAL CEMETERY See NATIONAL CEMETERIES, 1.

[blocks in formation]
« SebelumnyaLanjutkan »