with power to close the doors of a state bank, if upon examination it is found to be insolvent, without awaiting judicial proceedings. The case did not involve the question whether an administrative officer could be given authority to liquidate the affairs of a bank without resort to judicial proceedings. Pacific Live Stock Co. v. Lewis sustained the requirement that landowners claiming rights in a stream must forfeit their claim unless they litigate it before the state water board and pay a fee of fifteen cents an acre for the first 100 acres, with diminishing rates for the rest. The fee was found not excessive, and the fact that the determination of the water board was not final was held immaterial in view of the fact that it was an integral part of the entire proceedings and that the claimant is not prevented "from receiving the full benefit of submitting his claim and supporting proof to the board."

Two cases involved the sufficiency of the hearing before an administrative board. An absence of any hearing prior to an order to resume service on a branch line of a railroad was held not a denial of due process where a suitable indemnity bond from the persons desiring the service was required for the protection of the road in case the administrative order should be vacated in a court of equity." And Louisville & N. R. Co. v. Finn" sustained the administrative procedure provided by Kentucky for proceedings to recover charges in excess of rates found to be reasonable, although it was less formal than strict judicial procedure. There was no formal issue and no method of requiring the production of evidence. But the court found that the appellant was permitted to raise such issues and introduce such evidence as it desired, and that there was nothing to show that it suffered from lack of compulsory process against witnesses. Whether a different showing on this point would have produced a different result is not stated.

* (1916) 241 U. S. 440.

* Detroit & M. R. Co. v. Michigan R. Com., (1916) 240 U. S. 564. * (1915) 235 U. S. 601.

LEGISLATIVE NOTES AND REVIEWS

EDITED BY CHARLES KETTLEBOROUGH

Director of Indiana Bureau of Legislative Information

Congressional Legislation.-SPECIAL SESSION, 1917. The special session of the 65th Congress began on April 2, and adjourned on October 6, 1917, and was concerned largely with war legislation. All told, 107 acts and joint resolutions were passed. Of these, 60 were concerned directly or indirectly with war work; 19 were of a public nature not directly connected with the war; and 34 were private acts.

Declaration of War. The joint resolution declaring the existence of a state of war between the United States and the imperial German government was adopted on April 6, and authorized the President to use the entire naval, military and economic resources of the United States to bring the war to a successful termination.

Appropriations. The war appropriations were unprecedentedly huge and were embraced in 7 separate acts. The deficiency appropriation acts set aside $250,000 to be expended at the discretion of the President for the relief, protection and transportation of American citizens who were in Europe at the outbreak of the war; $100,000,000 for the national security and defense, available throughout the year 1917; and additional specific appropriations for the maintenance of certain departments of the government on account of war expenses, including the purchase of shipping plants and the construction of ships and provisions for the acceptance and promotion of vocational education. The army appropriation act provided liberal appropriations for the federal military establishment and maintenance of rifle ranges for civilian instruction for civilian military training, for the council of national defense and the reserve officers' training corps. The urgency deficiency appropriations for the army and navy were designed to afford funds to finance the army and navy in its various branches, to carry on the work of the council of national defense and the shipping board, to provide civilian military training, to construct fortifications and to guarantee the custody of alien enemies. The sundry civil appropriations act, in addition to providing funds for public buildings, armories

and arsenals, set aside appropriations for the shipping board and the immigration and naturalization service. Separate appropriations were made for the United States military academy. The total amount appropriated at this session was $18,879,000,000.

Liberty Loans. The first liberty loan was authorized by the act of April 24, 1917, aggregating $5,000,000,000, of 3 1-2 per cent bonds, convertible into a higher rate of any subsequent issue, and exempt from all national or local taxes except estate or inheritance taxes. The secretary of the treasury was authorized to loan the allied governments $3,000,000,000. The second liberty loan was authorized by the act of September 24, 1917, providing for $7,538,945,460, of 4 per cent bonds, convertible into a higher rate of subsequent issue. The secretary of the treasury was authorized to loan the allied governments $4,000,000,000.

War Taxes. The elaborate act of October 3 provides for the raising of revenue to defray the war expenses. This act imposes a tax on incomes, war excess profits, beverages, cigars and tobacco, facilities furnished by public utilities, insurance, admissions, bonds, capital stock issues, sales or transfers, sales on exchange, drafts and promissory notes, deeds, entries, passage tickets, playing cards, postage and parcel post. Some of these taxes are new, others are merely adjustments by the raising of rates. The existing administrative machinery for the most part is used in effecting collections.

Navy. In order to increase the efficiency and the personnel of the navy, several important changes in the naval organization were instituted. The secretary of the navy was authorized to assign any member of the fleet naval reserve to active duty for training on board ship or elsewhere, and to detail such naval officers as might be necessary to the hydrographic office during the war. Minority enlistments in the navy or marine corps were extended to a term of 4 years; the maximum age limit of officers of the naval reserve and the naval reserve force, on first appointment, was increased from 35 to 50 years; and during the period from April 25, 1917, to September 1, 1918, each senator, representative and delegate in Congress is authorized to appoint one additional midshipman. Provision was made for the enlistment of the citizens or subjects of friendly alien countries by permitting such persons to enlist upon declaring their intentions of becoming citizens of the United States, and providing that any such person upon the completion of not less than one year of honorable naval service and proof of good moral character and the production of a certificate

from the secretary of the navy, may become a citizen of the United States without further residence or requirement. By the act of May 22, 1917, the enlisted strength of the active list of the navy was temporarily increased from 87,000 to 150,000, and the enlisted strength of the active list of the marine corps from 17,400 to 30,000. To insure against the loss of property incident to the hazards of war, the paymaster general of the navy is authorized to reimburse such officers, enlisted men and others in the naval service who may suffer loss, destruction or damage to personal property due to the operations of war, shipwreck or other marine disaster. Provision was made by the acts of October 6, for the payment of a six months' gratuity to the widow, children, or other designated dependent relative of any officer or enlisted man serving on active duty during the continuance of the war; the officers of auxiliary naval forces were authorized to serve on naval courts; the commutation price of the navy ration was fixed at a maximum of 40 cents; and the rating and base pay of members of the artificer branch of the navy was readjusted.

Army. The detailed changes effected in the army organization were extensive. The selective service act, signed on May 18, provided for raising an army of 500,000 by selective draft of men between the ages of 21 and 31 years, and for further increments. This act also provided for local draft boards, district appeal boards and other machinery for the registration and selection of men for the army. By other acts, provision was made for the enlistment of the citizens or subjects of allied countries in the army, under such rules and regulations as the secretary of war may prescribe; the erection of temporary war buildings on the grounds of the Smithsonian Institution at Washington; the issuance of small arms and equipment to the companies of home guards in the states and territories and the District of Columbia; the condemnation of lands for fortifications, coast defenses, military training camps and other military purposes; the appointment of additional lower grade officers in the officers' reserve and national guard staff corps, and not to exceed 12 chaplains at large; the use of cavalry temporarily as field artillery; and the fixing and assignment of pensions to members of the public health service, their widows and children, when serving on coast guard vessels or in the army or navy. Any officer or soldier of the United States army in overseas service may make allotments of his pay for the support of his wife, children or other dependent relatives, under such regulations as the secretary of war may prescribe. Provision was made for the organization of the dental

corps of the army on the same basis as the medical corps, for one dental officer for each 1,000 men of the total strength of the regular army, and for keeping dental students in college on the same basis as medical students.

Aviation. During the continuance of the war, the President is authorized to increase the enlisted strength of the signal corps and aviation section of the army; to provide for the organization and personnel of both branches; to acquire and equip aviation fields; develop aeroplanes and engines; and provide for the vocational training of the enlisted men; and by the act of October 1, an aircraft board was created to expand and coördinate the work of building aeroplanes.

Alien Enemy Vessels. On April 6, when war was declared, there was a large number of vessels belonging to Germany and Austria which had been interned in United States ports during our period of neutrality. By the act of May 12, the President was authorized to take possession of all these vessels, except those interned in the ports of the Virgin Islands, and turn them over to the United States shipping board to be equipped for service. The value of these vessels is fixed by a board of survey appointed by the secretary of the navy.

War Risk Insurance. The war risk insurance act of September 2, 1914, was amended (June 12) to provide for the reinsurance of American vessels with the allied governments and the reinsurance of allied vessels with the American government; and the insurance of the masters, officers and crews of vessels privately owned and carrying on trade in the interests of the United States. Additional extensive amendments were made by act of October 6, providing for a general system of military and naval family allowances, compensations and insurance, and creating a division of marine and seaman's insurance and a division of military and naval insurance.

Crimes Against the Government. The existence of a state of war renders it imperative that the government define or re-define acts and practices which are inimical to the best interests of the country in the successful prosecution of the war. The espionage act prohibits the gathering of information to be disclosed to the enemy, at places connected with the national defense, such as dockyards, arsenals and munition plants; and the disclosing of plans of defense or the disposition of armed forces to the enemy. The secretary of the treasury may promulgate rules and regulations governing the anchorage and movement of foreign or domestic vessels in the territorial waters of the United States; violation of the rules entails forfeiture of the vessel,