Due process by States.-Neither Federal Constitution nor Texas Constitution limits reasonable and just exercise of State's police power (Const. Amendments 5, 14). Hulen v. City of Corsicana (C. C. A. 1933), 69 F. (2d) 969.

State in exercise of police power may take, damage, or destroy private property without compensation when public necessity, health, or safety requires (Const. Amendments 5, 14). Id.

It is for the court to determine whether taking of private property by State is proper exercise of police power, and whether power is being exercised reasonably and within limits of public necessity. Id.

City, in damming up nonnavigable stream for construction of reservoir for waterworks system acted in proprietary, not governmental, capacity; hence was liable for expenditures for protection against flooding of Embankment of railway's right-of-way crossing stream. Id.

AMENDMENT XVIII

Titles I and II of the national prohibition act of October 28, 1919 (41 Stat. 305), and all amendments thereto, were specifically repealed by section 1, Title I, liquor law repeal and enforcement act August 27, 1935 (49 Stat. 872).

AMENDMENT XX

SECTION 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

SEO. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SEC. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

SEC. 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

SEC. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SEC. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

This amendment was certified by the Secretary of State as valid to all intents and purposes as a part of the Constitution of the United States on February 6, 1933.

With reference to section 2, above, public resolution of June 22, 1936 (49 Stat. 1826), provides that the Seventy-fifth Congress shall assemble on Tuesday, January 5, 1937.

AMENDMENT XXI

SECTION 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

SEC. 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

SEC. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

This amendment was certified by the Secretary of State as valid to all intents and purposes as a part of the Constitution on December 5, 1933.

Provision for enforcement of section 2, supra, is made by act of June 25, 1936 (49 Stat. 1928).

82. Chief of Ordnance; duties.

The first sentence of the fourth paragraph of this section, based on R. S. 1167 as amended, U. S. C. 10: 195, has been held to be still in force and of some value (Memo. J. A. G., October 9, 1930).

The first clause of the second sentence is useless, and no recommendation will be made for its inclusion in the United States Code (Memo. J. A. G., October 9, 1930).

The compilers of the Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 52), that the last clause of the second sentence, reading:

"and for the safe-keeping and preservation of all ordnance property of every kind, and to direct and prescribe the time, number, and forms of all returns and reports, and to enforce compliance therewith"-based on R. S. 1167 as amended; U. S. C. 10: 196, be omitted as impliedly repealed by 111, post.

83. The Chemical Warfare Service.

The first sentence of this section, based on section 12a, National Defense Act; U. S. C. 10: 221, should be omitted as fully executed. (J. A. G. 010.3, November 12, 1929, page 57.) 86. Bureau of Insular Affairs; establishment and duties.

By executive Order No. 6726 of May 29, 1934, issued under authority of 888c, post, the functions of the Bureau of Insular Affairs, War Department, pertaining to or connected with the administration of the Government of Puerto Rico were transferred to the Division of Territories and Insular Possessions, Department of the Interior.

*

*

89. National Guard Bureau; establishment and composition.-The Militia Bureau of the War Department shall hereafter be known as the National Guard Bureau. * * * For duty in the National Guard Bureau * * * the President shall assign such number of officers of the Regular Army as he may deem necessary; Sec. 81, act of June 3, 1916 (39 Stat. 203), as amended by sec. 44, act of June 4, 1920 (41 Stat. 782), as amended by sec. 4, act of Sept. 22, 1922 (42 Stat. 1034), as amended by sec. 3, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 16, act of June 15, 1933 (48 Stat. 159); U. S. C. 32: 171, 174. This section has been amended as above.

90. Chief of the National Guard Bureau; appointment, tenure, rank, pay and allowances.-The Chief of the National Guard Bureau shall be appointed by the President, by and with the advice and consent of the Senate, by selection from lists of officers of the National Guard of the United States recommended as suitable for such appointment by their respective governors, and who have had ten or more years' commissioned service in the active National Guard, at least five of which have been in the line, and who have attained at least the grade of colonel. The Chief of the National Guard Bureau shall hold office for four years unless sooner removed for cause, and shall be eligible to succeed himself, and when sixty-four years of age shall cease to hold such office. Upon accepting his office, the Chief of the National Guard Bureau shall be appointed a major general in the National Guard of the United States, and commissioned in the Army of the United States, and while so serving he shall have the rank, pay, and allowances of a major general, provided by law, but shall not be entitled to retirement or retired pay. Sec. 81, act of June 3, 1916 (39 Stat. 203), as amended by sec. 44, act of June 4, 1920 (41 Stat. 782), as amended by sec. 4, act of Sept. 22, 1922 (42 Stat. 1034), as amended by sec. 3, act of Feb. 28, 1925 (43 Stat. 1076), as amended by sec. 16, act of June 15, 1933 (48 Stat. 159), and by sec. 5, act of June 19, 1935 (49 Stat. 392); U. S. C. 32: 172.

This section has been amended as above. For pay and allowances of the Chief of the National Guard Bureau, see 1307, 1414, post.

91. Same; vacancy in office or disability of incumbent.-In case the office of the Chief of the National Guard Bureau becomes vacant or the incumbent because of disability is unable to discharge the powers and duties of the office, the senior officer on duty in the National Guard Bureau, appointed from the 109831-37-2

the authorized commissioned strength of the Regular Army is hereby increased by seventy-five, in order to provide for the increases herein authorized in the number of officers in the Medical and Dental Corps; * Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1282);

*

*

* Provided, That the legally authorized commissioned strength of the Regular Army is increased by one hundred and eighty-five, which said increase shall be allotted to the Corps of Engineers: Act of June 26, 1936 (49 Stat. 1974); U. S. C. 10: 181a.

The above provisions are added as new paragraphs of this section. For increases in Medical and Dental Corps, see 74 and 75, post.

7a. Same; authorized by appropriations.-For pay of not to exceed an average of twelve thousand one hundred and twenty-five commissioned officers. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1282).

* * And provided further, That the number of officers so engaged and so paid shall be exclusive of the commissioned strength of the Regular Army as now or hereafter limited by the funds appropriated for "Pay of the Army" in the annual War Department Appropriation Act. Act of June 26, 1936 (49 Stat. 1974); U. S. C. 10: 181a.

"Officers so engaged" refers to those engaged primarily on duty in connection with nonmilitary public works, including river and harbor improvements and flood control. 11. Same; officers below grade of brigadier general.

That from and after the effective date of this Act the authorized number of promotion-list officers in the grade of colonel shall be 6 per centum; the number of such officers in the grade of lieutenant colonel shall be 9 per centum; and the number of such officers in the grade of major shall be 25 per centum of the aggregate number of promotion-list officers authorized by law: Provided, That in making any computation under the provisions of this section whenever a final fraction of one-half or more occurs in the number of officers involved in any such computation the next higher whole number of officers shall be regarded as the authorized or required number thereof. Sec. 2, Army promotion act of July 31, 1935 (49 Stat. 506); U. S. C. 10: 553b.

* * * The number of promotion-list officers that shall be in the respective grades of captain and first lieutenant at any time after the effective date of this Act shall be such as results from the operation of the promotion system hereinafter in this paragraph prescribed. Sec. 3, Army promotion act

* * *

of July 31, 1935 (49 Stat. 506); U. S. C. 10: 552a.

See 274, post.

The above provisions are added as new paragraphs of this section. The first paragraph of the original text, based on act of June 30, 1922 (42 Stat. 721); U. S. C. 10: 482, appears to be inconsistent with these provisions and accordingly repealed by 1919a, post.

The third paragraph of the original text, based on section 1, act of September 14, 1922 (42 Stat. 840), omitted from the original Code, has been added to U. S. C. 10: 482 (J. A. G. 010.3, November 1, 1927, page 3).

13. Strength; warrant officers.

"U. S. C. 10: 596" should be added to the citation to the third paragraph based in part on acts of March 4, 1927 (44 Stat. 1417) and May 23, 1928 (45 Stat. 719) (J. A. G. 010.3, November 12, 1929, page 100).

15. Enlisted strength; maximum in time of peace.

"U. S. C. 10: 602" should be added to the citation to the first paragraph of this section, based on section 2, National Defense Act as amended (J. A. G. 010.3, November 12, 1929, page 102).

15a. Same; authorized by appropriations.

* * * pay of not less than an average of one hundred and sixty-five thousand enlisted men of the line and staff, not including the Philippine Scouts, $61,383,965, and, in addition, $2,344,211 of the appropriation "Pay of the Army, 1936", which sum shall remain available until June 30, 1937, for defraying the cost of increasing the enlisted strength of the Regular Army from an average of one hundred and forty-seven thousand to an average of one hundred and sixty-five thousand enlisted men, and the attainment of such one hundred and sixty-five thousand enlisted men shall be accomplished by recruiting at the rate of one thousand five hundred men per month in addition to recruits necessary to maintain one hundred and forty-seven thousand enlisted men; Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1282).

* * *

*

* * *

* * Pay of enlisted men *, together with such additional sums as may be necessary, not exceeding $20,000,000, to defray the cost of increasing the enlisted strength of the Regular Army from an average of one hundred and eighteen thousand seven hundred and fifty to an average of one hundred and sixty-five thousand enlisted men, such additional sums to be available for the objects embraced by and in addition to other appropriations contained in this Act; * * * Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 124).

17. Retired list; unlimited.

*

And provided further, That all officers retired under the provisions of this section shall be placed on the unlimited retired list. Sec. 5, Army promotion act of July 31 1935 (49 Stat. 507); U. S. C. 10: 971b.

The above provision is added as a new paragraph of this section.

* *

17a. Army bands; number restricted.* Provided further, That no appropriation contained in this Act shall be available for or on account of the maintenance of more than eighty-three bands;

* * *

Title I, act of July 14,

1932 (47 Stat. 668), making appropriations for the War Department. This provision is not continued in force for the fiscal year 1937.

20. Infantry; Porto Rico regiment.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 64) that this section, based on section 21, act of June 3, 1916 (39 Stat. 180), as amended by section 21, act of June 4, 1920 (41 Stat. 770), U. S. C. 10: 283, be eliminated from the Code as fully executed. 25. Field Artillery; definition.

This section, based on section 4, act of January 25, 1907 (34 Stat. 861); U. S. C. 10: 261, is obsolete, in view of 26, post, and might well be recommended for repeal (J. A. G. 010.3, September 26, 1929).

27. Coast Artillery; definition.

This section, based on section 3, act of January 25, 1907 (34 Stat. 861); U. S. C. 10: 271, is obsolete, in view of 28, past, and might well be recommended for repeal (J. A. G. 010.3, September 26, 1929).

30. Air Corps; designation, composition, and organization.

In the third from the last line of the third note under this section the phrase "not to exceed 250 flying cadets" should read "not to exceed 2,500 flying cadets."

By Executive Order No. 6591, February 9, 1934, the Secretary of War was directed to place at the disposal of the Postmaster General such airplanes, landing fields, and personnel of the Army as were needed for the transportation of mail during the emergency resulting from the cancellation of all domestic air-mail contracts.