establishment of the Government from any person who shall have failed to register under the provisions of this Act.

(i) The provisions of the Act of August 29, 1916, relating to the sale of ordnance and stores to the Government of Cuba (39 Stat. 619, 643; U. S. C., 1934 ed., title 50. sec. 72), are hereby repealed as of December 31, 1937.

(j) The Board shall make an annual report to Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such reports shall contain such information and data collected by the Board as may be considered of value in the determination of questions connected with the control of trade in arms, ammunition, and implements of war. The Board shall include in such reports a list of all persons required to register under the provisions of this Act, and full information concerning the licenses issued hereunder.

(k) The President is hereby authorized to proclaim upon recommendation of the Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section. Sec. 5, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1. 1937 (50 Stat. 124); 22 U. S. C. 245b.

(a) Whenever the President shall have issued a proclamation under the authority of section 1 of this Act, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel to carry any arms, ammunition, or implements of war to any belligerent state, or to any state wherein civil strife exists, named in such proclamation, or to any neutral state for transshipment to, or for the use of, any such belligerent state or any such state wherein civil strife exists.

(b) Whoever, in violation of the provisions of this section, shall take, or attempt to take, or shall authorize, hire, or solicit another to take, any American vessel carrying such cargo out of port or from the jurisdiction of the United States shall be fined not more than $10,000, or imprisoned not more than five years, or both; and, in addition, such vessel, and her tackle, apparel, furniture, and equipment, and the arms, ammunition, and implements of war on board, shall be forfeited to the United States. Sec. 6, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 126); 22 U. S. C. 245c.

(a) Whenever, during any war in which the United States is neutral, the President, or any person thereunto authorized by him, shall have cause to believe that any vessel, domestic or foreign, whether requiring clearance or not, is about to carry out of a port of the United States fuel, men, arms, ammunition, implements of war, or other supplies, to any warship, tender, or supply ship of a belligerent state, but the evidence is not deemed sufficient to justify forbidding the departure of the vessel as provided for by section 1, title V, chapter 30, of the Act approved June 15, 1917 (40 Stat. 217, 221; U. S. C., 1934 ed., title 18, sec. 31), and if, in the President's judgment, such action will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security or neutrality of the United States, he shall have the power and it shall be his duty to require the owner, master, or person in command thereof, before departing from a port of the United States, to give a bond to the United States, with sufficient sureties, in such amount as he shall deem proper, conditioned that the vessel will not deliver the men, or any part of the cargo, to any warship, tender, or supply ship of a belligerent state.

(b) If the President, or any person thereunto authorized by him, shall find that a vessel, domestic or foreign, in a port of the United States, has previously cleared from a port of the United States during such war and delivered its cargo or any

part thereof to a warship, tender, or supply ship of a belligerent state, he may prohibit the departure of such vessel during the duration of the war. Sec. 7, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 126); 22 U. S. C. 245d.

Whenever, during any war in which the United States is neutral, the President shall find that special restrictions placed on the use of the ports and territorial waters of the United States by the submarines or armed merchant vessels of a foreign state, will serve to maintain peace between the United States and foreign states, or to protect the commercial interests of the United States and its citizens, or to promote the security of the United States, and shall make proclamation thereof, it shall thereafter be unlawful for any such submarine or armed merchant vessel to enter a port or the territorial waters of the United States or to depart therefrom, except under such conditions and subject to such limitations as the President may prescribe. Whenever, in his judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply. Sec. 8, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 127); 22 U. S. C. 245e.

Whenever the President shall have issued a proclamation under the authority of section 1 of this Act it shall thereafter be unlawful for any citizen of the United States to travel on any vessel of the state or states named in such proclamation, except in accordance with such rules and regulations as the President shall prescribe: Provided, however, That the provisions of this section shall not apply to a citizen of the United States traveling on a vessel whose voyage was begun in advance of the date of the President's proclamation, and who had no opportunity to discontinue his voyage after that date: And provided further, That they shall not apply under ninety days after the date of the President's proclamation to a citizen of the United States returning from a foreign state to the United States. Whenever, in the President's judgment, the conditions which have caused him to issue his proclamation have ceased to exist, he shall revoke his proclamation and the provisions of this section shall thereupon cease to apply with respect to the state or states named in such proclamation, except with respect to offenses committed prior to such revocation. Sec. 9, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 127); 22 U. S. C. 245f.

Whenever the President shall have issued a proclamation under the authority of section 1, it shall thereafter be unlawful, until such proclamation is revoked, for any American vessel engaged in commerce with any belligerent state, or any state wherein civil strife exists, named in such proclamation, to be armed or to carry any armament, arms, ammunition, or implements of war, except small arms and ammunition therefor which the President may deem necessary and shall publicly designate for the preservation of discipline aboard such vessels. Sec. 10, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1937 (50 Stat. 127); 22 U. S. C. 245f-1.

The President may, from time to time, promulgate such rules and regulations, not inconsistent with law, as may be necessary and proper to carry out any of the provisions of this Act; and he may exercise any power or authority conferred on him by this Act through such officer or officers, or agency or agencies, as he shall direct. Sec. 11, added to pub. res. of Aug. 31, 1935, by pub. res. of May 1, 1987 (50 Stat. 128); 22 U. S. C. 245f-2.

In every case of the violation of any of the provisions of this Act or of any rule or regulation issued pursuant thereto where a specific penalty is not herein provided, such violator or violators, upon conviction, shall be fined not more

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. C. 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 "arins, 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 [of May 28, 1934] is not an unconstitutional 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 international relations the President is the sole organ of the Federal Government.

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

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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, 1936 (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.