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recipient (the taxpayer) for his separate use, benefit, and disposal; that is income derived from property. Nothing else answers the description.

"The same fundamental conception is

clearly set forth in the 16th Amendment -incomes, from whatever source derived.' - the essential thought being expressed with a conciseness and lucidity entirely in harmony with the form and style of the Constitution."

Salary of federal judges as affected by this amendment. This amendment does not extend the taxing power to new or excepted subjects, but merely removes all occasion otherwise existing for an apportionment. among the states of taxes laid on income, from whatever source derived. Evans ť. Gore, (1920) 253 U. S. 245, 40 S. Ct. 550, 64 U. S. (L. ed.) · -, reversing (W. D. Ky. 1919) 262 Fed. 550, and holding that the salary of a federal judge was immune from an income tax by virtue of article III, sec. 1 of the Constitution prohibiting the diminishing of a judge's salary during his term of office.

1919 Supp., p. 839, amend. 18.

Prohibition amendment as part of Constitution. The Prohibition Amendment to the Federal Constitution by lawful proposal and ratification has become a part of that Constitution, and must be respected and given effect the same as other provisions of that instrument. National Prohibition Cases, (1920) 253 U. S. 350, 40 S. Ct. 486, 64 U. S. (L. ed.) affirming Feigenspan . Bodine, (D. C. N. J. 1920) 264 Fed. 186.

Prohibition amendment as binding on legislative bodies, courts, etc.- That part of the Prohibition Amendment to the Federal Constitution which embodies the prohibition is operative throughout the entire territorial limits of the United States, binds all legislative bodies, courts, public officers, and individuals within those limits, and of its own force invalidates every legislative act, whether by Congress, by a state legislature, or by a territorial assembly, which authorizes or sanctions what the amendment prohibits. National Prohibition Cases, (1920) 253 U. S. 350, 40 S. Ct. 486, 64 U. S. (L. ed.) affirming Feigenspan v. Bodine, (D.

C. N. J. 1920) 264 Fed. 186.

Liquors manufactured before amendment became effective. The power of Congress to enforce the Prohibition Amendment to the Federal Constitution may be exerted against the disposal for beverage purposes of liquors manufactured before the amendment became effective, just as it may be against subsequent manufacture for those purposes. National Prohibition Cases, (1920) 253 U. S. 350, 40 S. Ct. 486, 64 U. S. (L. ed.) -, affirming Feigenspan v. Bodine, (D. C. N. J. 1920) 264 Fed. 186.

Concurrent power of states to enforce Prohibition Amendment. The declaration in the Prohibition Amendment to the Federal Constitution that "the Congress and the sev

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eral states shall have concurrent power to enforce this article by appropriate legislation" does not enable Congress or the several states to defeat or thwart the prohibition, but only to enforce it by appropriate means. National Prohibition Cases, (1920) 253 U. S. 350, 40 S. Ct. 486, 64 U. S. (L. ed.)—, affirming Feigenspan v. Bodine, (D. C. N. J. 1920) 264 Fed. 186, which further held that the words " concurrent power do not mean joint power, or require that legislation thereunder by Congress, to be effective, shall be approved or sanctioned by the several states or any of them, nor do they mean that the power to enforce is divided between Congress and the several states along the lines which separate or distinguish foreign or interstate commerce from intrastate affairs. It was further said that the power confided to Congress that "the Congress and the several states shall have concurrent power to enforce this article by appropriate legislation," while not exclusive, is territorially coextensive. with the prohibition of that amendment, cmbraces manufacture and other intrastate transactions as well as importation, exportation, and interstate traffic, and is in no wise dependent on or affected by action or inaction on the part of the several states or any of them.

In Ex p. Dillon, (N. D. Cal. 1920) 262 Fed. 563, wherein the constitutionality of this amendment was considered, it was said: "The claim that the Eighteenth Amendment itself is unconstitutional and void is based upon two grounds: first, because the amendment is in derogation of the Constitution, and not an amendment at all; and, second, because Congress was without power or authority to submit a conditional amendment, or an amendment limiting the time within which it must be ratified. The length of this opinion and the limited time at my disposal forbid an extended discussion of these objections, if, indeed, such a discussion be called for by this court. After receiving the approval of two-thirds of the membership of both houses of Congress and after ratification by the Legislatures of more than threefourths of the states, the defects in a constitutional amendment must be plain indeed before a court of inferior jurisdiction will be justified in declaring it null and void. No such case is presented here. Briefly stated the contention of the petitioner is this:

"An amendment implies such an addition or change within the lines of the original instrument as will effect an improvement, or better carry out the purpose for which it was framed.' Livermore v. Waite, 102 Cal. 118, 36 Pac. 426, 25 L. R. A. 312.

"And from this it is argued that inasmuch as the original Constitution was silent on the question of the manufacture and sale of intoxicating liquors there is nothing to be amended or to amend by and therefore the amendment itself is void. The term amend,' as defined by Webster, means:

"To change or alter, as a law, bill, motion, or constitutional provision, by the will of a legislative body, or by competent authority; as to amend a charter.'

"That the amendment in question changes the original Constitution does not admit of question, and while it does not change any provision relating to this particular matter it does change the instrument as a whole. The Constitution is a mere grant of power to the federal government by the several states and any amendment which adds to or in any manner changes the powers thus granted comes within the legal and even within the technical definition of that term. The Thirteenth Amendment, abolishing and prohibiting slavery within the states, has been recognized as a part of the Constitution

for upwards of half a century. The amendment in question does no more, only the prohibition extends to a different subject-matter. It seems to me therefore that the objections are without substantial merit. Again it is urged that the Constitution does not authorize the submission of conditional amendments. This is no doubt true, but it is equally true that the Constitution does not forbid them. The framers of the Constitution could not foresee the form or character of amendments which might become necessary in the future and wisely left all such questions in the hands of those who might be charged with official duty when the necessity for the change and the character of the change to be made became apparent."

INDEX

[ References are to pages]

ABATEMENT AND REVIVAL
Mandamus against Secretary of Treasury,
effect of resignation, 732 note

ACCIDENT INSURANCE

Proceeds of policy as income, 554 note

ACTIONS

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ADVICE OF COUNSEL

Bankruptcy, defense to making false
claim, 422 note

AERONAUTIC ENGINEERING
See AVIATION

AEROPLANES

See ARMY; NAVY; POSTAL SERVICE
AFFIDAVITS

Forgery, alteration, etc., for purpose of
defrauding government, 704 note

AGRICULTURE

See ANIMALS; FEDERAL FARM LOAN ACT;
SECRETARY OF AGRICULTURE.

Alaska, sale of products of experiment
stations, 7

Appropriations for Department of Agricul-
ture

Distribution of seeds, etc., congressional
supply, 6

Kelp plant at Summerland, California, 6
Buildings, farm loans to provide for erec-
tion, 3

Diseased plants in District of Columbia,
destruction, 7

Diseases of plants, control and eradication,
7

Experiment stations, sale of products by
Secretary of Agriculture, 7

Farm equipment, farm loans for purposes
of, 3

Farm loan bonds, see FEDERAL FARM LOAN
Аст

Farm loans, see FEDERAL FARM LOAN ACT
Farm loans for purchase of land, equip-
ment, etc., 3

Fertilizers, farm loans for purchase of, 3
Guam, sale of products of experiment sta-
tions, 7

Hawaii, sale of products of experiment sta-
tions, 7

Improvement of farm lands, purpose of
farm loans, 3

Insect infections, control and eradication,
7

Live stock, farm loans for purchase of, 3
Loans on farm lands, see FEDERAL FARM
LOAN ACT

Mortgages, farm loans to pay and dis-
charge, 4

Photographic films, sale or rental by Secre-
tary of Agriculture, 6

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AGRICULTURE — (Cont'd)

Purchase of land, farm loans for purpose
of, 3

Seeds, bulbs, etc., for distribution

Allotments not called for, distribution, 6
Allotment to Senators and Representa-
tives for distribution, 6

Contract for supply, award by Secretary
of Agriculture, 6

Report as to seeds purchased by Secre-
tary, 6

Seed wheat, loan of purchase money by
United States cancelled on failure of
crop, 8

Traveling expenses, reduction by use of.
automobiles and motorcycles, 8
Vehicles, exchange of used parts by Agri-
cultural Department, 8

Virgin Islands, sale of products of experi-
ment stations, 7

Wheat, loan by United States to purchase
seed wheat cancelled on failure of crop, 8

AIR SERVICE

See ARMY; NAVY

ALASKA

Boundary line with Canada, survey and
marking pursuant to treaty, 9-10
Boundary line with Canada, traveling ex-
penses of commissioner, 10

Experiment stations, sale of products by
Secretary of Agriculture, 7
Fur-bearing animals, powers and duties of
Secretary of Commerce conferred on Sec-
retary of Agriculture, 9

Homestead entries, reserved shore spaces
restored to entry, 10

Intoxicating liquors, seizure on govern-
ment owned railroad, 390 note
Islands, lease for propagation of fur-bear-
ing animals, 9

Mandamus to compel approval of applica-
cation for patent for coal lands, 389
note

Oil and gas lands, prospecting permits and
leases, 192, 197

Pribiloff Islands, jurisdiction of Secretary
of Commerce as to fur-bearing animals,
9

Prospecting permits on oil lands, 192
Public lands

Coal land laws extended to Alaska, 389
note

Homestead law, soldier entry limited to
160 acres, 389 note

Railroads

Court action against government owned
railroad, 390 note

Intoxicating liquors in transit on gov-
ernment owned railroad, liability to
seizure, 390 note

Malicious prosecution, action against
government owned railroad, 390 note
Purchase of stock and first mortgage
bonds by government, 390 note
Yukon river, establishment of post-lantern
lights and other aids to navigation, 136

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390 note

Copyright, right of alien, 462 note
Definition, 258

Deportation of undesirable aliens
Jury trial, right to, 853 note

Right to counsel on preliminary examina-
tion, failure to advise as to, 518 note
Sabotage as ground of deportation or
exclusion, 48

Teaching unlawful destruction of prop-
erty, 522 note

Enemies, see TRADING WITH ENEMY
Mining leases and grants of public lands,
reciprocity provisions, 187-188
Naturalization, conversion by judicial offi-
cers of funds in naturalization office as
embezzlement, 127

Removal of suits from state to federal
courts, 611 note

Shipping, sale of government owned ves-
sels to aliens, 240

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ANTITRUST LAWS

See SHIPPING AND NAVIGATION; TRADE
COMBINATIONS AND TRUSTS

APPEAL AND ERROR

Affirmance by Circuit Court of Appeals,
656 note

Assignments of error, sufficiency, 653 note
Bond for damages and costs, 653 note
Criminal cases, writs of error on behalf
of United States, 653 note

Dismissal of appeal for want of prosecu-
tion, effect, 656 note

Equity cases, effect of findings by trial
court, 654 note

Issues of fact tried by court without jury,
review by supreme court, 654 et seq. note
Re-examination of facts in case tried by
jury, 855 note

Remand by appellate court with leave to
amend, 656 note

Remanding case for instructions, 656 note
Reversal on error limited, 656 note
State courts, review by federal supreme
court, see STATES

Supersedeas bond in foreclosure suit, 653
note

Time for appeal or writ of error to cir-
cuit court of appeals, 653 note

APPROPRIATIONS

887

Annuities for civil service employees, ex-
penses of administration, 24
Boundary line between Alaska and Canada, .
expense of survey and marking, 9-10
Claims of contractors, payment, 179
Commutation of quarters, heat and light

for field clerks quartermaster corps, 359
Crow Indian councils, etc., expense of, 64
Crow tribe lands, survey of, 59.
Distribution of seeds, congressional sup-
ply, 6

Executive departments, expenditure of ap-
propriations for maintenance, repair or
operation of vehicles, 291

Indian industry, encouragement, 52
Investigation of mail transportation, 168
Kelp plant at Summerlands, California, 6
Liberty bonds, expenses incident to loans,
179

Maps for military purposes, 360-361
Marking anchorage grounds in harbors of
New York and Hampton Roads, 29
Plymouth Tercentary Commission, 160
Postal service, rent, light and heat for first,
second and third class post offices, 165
Public Health Service, purchase of prop-
erty in District of Columbia, 45
River and harbor improvements

Diversion from one project to another
prohibited, 224

Use for maintenance and repair at dis-
cretion of Secretary of War, 224
State and territorial homes for soldiers,
aid of, 44

Tea, enforcement of act to prevent impor-
tation of impure and unwholesome arti-
cles, 50

Vocational rehabilitation, 272, et seq.

ARBITRATION AND AWARD
Maritime claim against United States, 234

ARKANSAS

Public lands in Arkansas subject to state
drainage laws, 184

ARMY

See AMERICAN LEGION; MILITARY ACAD-
EMY; NATIONAL GUARD; OFFICERS' RE-
SERVE CORPS; SOLDIERS' HOMES; WAR
RISK INSURANCE

Adjutant general's department

Composition of department, 305
Number of officers in department, 305
Personnel bureau, powers and duties, 305
Rank of officers, 205

Advances to disbursing officers, 361
Aeronautic engineering, see Air service,
infra
Air service

Additional pay on rating for distin-
guished in war, 328

Aeronautic engineering, training of army
officers, 292

Assistant to chief, rank, 308

Chief of air service, rank, 308
Composition of air service, 308

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