« SebelumnyaLanjutkan »
That the statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico as in the United States, except the internal revenue laws: Provided, however, That hereafter all taxes collected under the internalrevenue laws of the United States on articles produced in Puerto Rico and transported to the United States, or consumed in the island shall be covered into the treasury of Puerto Rico. Sec. 9, act of Mar. 2, 1917 (39 Stat. 954); 48 U.S. C. 134.
The above is the general provision. Various specific provisions relating to Puerto Rico of like nature are not given herein.
By act of March 2, 1934 (48 Stat. 361), Federal liquor prohibition laws to the extent that they were in force in Puerto Rico and the Virgin Islands were repealed.
By act of June 23, 1936 (49 Stat. 1891), the benefits of the Federal aid road act of July 11, 1916, were extended to Puerto Rico.
Section 21 of the Bankhead-Jones Act of June 29, 1935 (49 Stat. 438), was made applicable to Puerto Rico by section 329, Title III, liquor tax administration act of June 26, 1936 (49 Stat. 1957).
Section 21 of the Bankhead-Jones Act of June 29, 1935 (49 Stat. 438), was made applicable to Puerto Rico by act of August 28, 1937 (50 Stat. 881).
All “joint resolutions" passed by the legislature of Puerto Rico and approved by the Governor were ratified by act of June 16, 1938 (52 Stat. 708).
Notes of Decisions In general.—The first paragraph of this to Puerto Rico, did not prevent the imposition section did not adopt construction of double of an excess-profits tax, under sec. 201 of the Jeopardy provisions by California courts. act of October 3, 1917, ch. 63 (repealed), on Carbonell v. People of Puerto Rico (C. C. A., à New York corporation deriving its income 1928), 27 F. (20) 253.
from Puerto Rico Puerto Rico Coal Co. v. The fact that the third paragraph of this Edwards (D. C., 1921), 275 Fed. 104; cersection provides that the internal revenue tiorari denied (1923), 261 U. S. 625. laws of the United States shall not apply
2141, Samoa; acceptance of cession and government.Whereas certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixty-seventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, having in due form agreed to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over these islands of the Samoan group by their acts dated April 10, 1900, and July 16, 1904: Therefore be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) said cessions are accepted, ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively.
(b) The existing laws of the United States relative to public lands shall not apply to such lands in the said islands of eastern Samoa; but the Congress of the United States shall enact special laws for their management and disposi. tion: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the said islands of eastern Samoa for educational and other public purposes.
(c) Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.
(d) The President shall appoint seven commissioners, two of whom shall be members of the Senate, two of whom shall be members of the House of Representatives, and three of whom shall be chiefs or high chiefs of the said islands of eastern Samoa, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the islands of eastern Samoa as they shall deem necessary or proper.
(e) The sum of $25,000, or so much thereof as may be necessary, is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. Pub. res. of Feb. 20, 1929 (45 Stat. 1253); pub. res. of May 22, 1929 (46 Stat, 3); 48 U. S. C. 1431a.
2142. Virgin Islands; laws applicable.--* Provided, That, except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interest of navigation and commerce shall apply to the Virgin Islands : Provided further, That nothing in this Act shall be consirued to affect or impair in any manner the terms and conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of the Virgin Islands by any authorized officer or agent of the United States:
Sec. 4, act of June 22, 1936 (49 Stat. 1808); 48 U. 8. C. 1405c.
The laws of the United States applicable to the Virgin Islands on the date of enactment of this Act, and all local laws and ordinances in force on such date in the Virgin Islands, not inconsistent with this Act, shall continue in force and effect: Provided, That the Municipal Council of Saint Croix and the Municipal Council of Saint Thomas and Saint John, and the legislative assembly, shall have power, when not inconsistent with this Act and within their respective jurisdictions, to amend, alter, modify, or repeal any law of the United States of local application only, or any 'ordinancé, public or private, civil or criminal, continued in force and effect by this Act, except as herein otherwise provided, and to enact new laws and ordinances not inconsistent with this Act and not inconsistent with the laws of the United States hereafter made applicable to the Virgin Islands or any part thereof, subject to the power of the Congress to annul the same. The laws of the United States relating to patents, trade marks, and copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in the Virgin Islands as in the continental United States, and the District Court of the Virgin Islands shall have the same jurisdiction in causes arising under such laws as is exercised by United States district courts. Sec. 18, act of June 22, 1936 (49 Stat. 1811); 48 U. S. C. 1405q.
The act of May 26, 1936 (49 Stat. 1372), establishes an assessed valuation real property tax in the Virgin Islands.
By resolution of July 19, 1932 (47 Stat. 703); 12 U. S. C. 37a, the National Bank Act was made applicable to the Virgin Islands, and by act of May 20, 1932 (47 Stat. 160); 48 U. S. C. 1400, the admiralty laws of the United States were made applicable thereto.
Title III, National Prohibition Act of October 28, 1919 (41 Stat. 319), was made applicable to the Virgin Islands by section 329, Title III, liquor tax administration act of June 26, 1936 (49 Stat. 1957).
Sections 9 to 20, inclusive, of the river and harbor act of March 3, 1899 (30 Stat. 1151), were expressly made applicable to the Virgin Islands by section 1, act of July 1, 1932 (47 Stat. 565), and section 8, act of July 3, 1930 (46' Stat. 948); 48 U. S. C. 1399.
2143. Territories; laws in effect.—The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effec
within all the organized Territories, and in every Territory hereafter organized as elsewhere within the United States. R. S. 1891.
The compilers of the United States Code have not followed the recommendation of tbe War Department (J. A. G. 010.3, Nov. 12, 1929, p. 350), that the above provision, omitted from the original Code and Military Laws, 1929, be included in the Code.
By section 1, act July 2, 1902 (32 Stat. 692), ante, 2134, it was not to apply to the Philippine Islands.
2144. Territories; command of militia.-The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside in the Territory for which he is appointed, and shall be commander in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. R. S. 1841; 48 U. 8. C. 1453.
It is expressly provided in the Hawaiian organic act of July 9, 1921 (42 Stat. 116), that the governor “shall be commander-in-chief of the militia thereof."
The first sentence of the first paragraph, and the second and third paragraphs of this section as published in the 1929 Edition, based on R. S. 1226 ; 10 U. S. C. 1392; act of February 4, 1897 (29 Stat. 511), and section 34, act of February 2, 1901 (31 Stat. 757); 10 U. S. C. 1392, are omitted as superseded by section 2, act of June 21, 1930 (46 Stat. 793), post, 2150 (J. A. G. 010.3, November 12, 1929, page 215 ; October 20, 1930, pages 54, 99, 133; July 10, 1931, page 40).
For remainder of first paragraph, see 306, ante.
Army uniform :
Cadet corps uniform, 2153. To be prescribed by President, 2146.
National Guard uniform, 2154, Discrimination against persons wearing, Training camp uniform, 2155. 2147.
Veterans' organizations uniform, 2156. Unlawful wearing, 2148.
Uniform of Boy Scouts and similar organiza. Wearing authorized :
tions, 2157. By actors, 2149.
Uniform of foreign nations, 2158. By discharged officers, 2150.
Uniform of National Home for Disabled VolBy discharged enlisted men, 2151.
unteer Soldiers, 2159. By retired oficers, 2152. 2146. Army uniform; to be prescribed by the President.— The President may prescribe the uniform of the Army.
R. S. 1296; 10 U, S. C. 1391. 2147. Army uniform; discrimination against persons wearing.-That hereafter no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, the District of Alaska or insular possession of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue Cutter Service, or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. Act of Mar. 1, 1911 (36 Stat. 963); 18 U, S. 4. 523.
By act of Jan, 28, 1916 (38 Stat. 800), the Revenue Cutter Service was made a part of the Coast Guard.
2148. Army uniform; unlawful wearing.-It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps :
Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 125, act of June 3, 1916 (39 Stat. 216); 10 U. 8. C. 1393.
For unlawful wearing or sale of badges, medals, etc., see 925, ante.
Notes of Decisions
"Duly proscribed uniform."-Phrase "duly prohibiting civilian from wearing prescribed prescribed uniform" of United States Army uniform of the United States Army by wearwithin statutes probibiting wearing of such ing fatigue uniform prescribed by Army Reguniform by civilians held to include any kind ulations, which was suit of blue denim overof uniform prescribed by Army Regulations alls indistinguishable from ordinary overalls, (10 U. S. C. 1393). U. S. v. Krakower (C. C. except that buttons bore words "U. S. Army", A., 1936), 86 F. (28) 111.
(10 U. S. C. 1393). Id. Civilian held guilty of violation of statute