2101a. Organized Territories; laws in effect.-The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within all the organized Territories, and in every Territory hereafter organized as elsewhere within the United States. R.S. 1891; U.S.C. 48:1490. This provision was omitted from the original text of the Military Laws, 1929. By section 1, act July 2, 1902 (32 Stat. 692), post 2109, it was not to apply to the Philippine Islands. 2103. Canal Zone; laws in effect. Important laws affecting the Canal Zone have been enacted as follows: Feb. 21, 1933 (47 Stat. 859), amending Penal Code. Feb. 21, 1933 (47 Stat. 880), amending Code of Criminal Procedure. Feb. 27, 1933 (47 Stat. 908), Code of Civil Procedure. Feb. 27, 1933 (47 Stat. 1124), Civil Code. Others modifying the Organic Act, enactments by the Isthmian Canal Commission, and executive orders, are acts of July 5, 1932 (47 Stat. 571-579); July 14, 1932 (47 Stat. 661); Feb. 16, 1933 (47 Stat. 810-818). NOTES OF DECISIONS In general. The eight-hour law, 747, not by the United States. (1905) 25 Op. Clause of tariff act of August 5, 1909, providing rate of duty on articles imported into United States or any of its possessions, does not apply to the Canal Zone. (1909) 27 Op. Atty. Gen. 594. The Panama Canal Zone is treated by the laws of the United States as a foreign country, except that the act as to extradition of persons accused of crime (Section 1330, Title 48, U.S. Code) is to be considered in force in the Canal Zone, which shall be treated as a territory of the United States for such purposes "and such purposes only." Macomber & Whyte Rope Co. v. United Fruit Co. (1922) 225 Ill. App. 286. 2107a. Same; ferry and highway.-That the Governor of the Panama Canal, under the supervision of the Secretary of War, is authorized (a) To establish, maintain, and operate, near the Pacific entrance of the Panama Canal, from a point at or near Balboa on the eastern side of the 605-33- -14 canal to a suitable point on the opposite shore of the canal, a ferry for the accommodation of the public and adequate to serve military needs, and for such purposes is authorized to acquire such ferryboats and other equipment, and to construct and maintain such wharves, docks, and approaches as may be necessary; and (b) To construct and maintain a highway for the accommodation of the public and adequate to serve military needs, to extend from the western terminal of such ferry to a point at or near the town of Arraijan at or near the Canal Zone line. Sec. 1, act of May 27, 1930 (46 Stat. 388). (a) The Governor of the Panama Canal, subject to the approval of the Secretary of War, is authorized to make rules and regulations governing the operation, use, and maintenance of the ferry, equipment, wharves, docks, and approaches established, acquired, and constructed under this Act. Any person violating any such rule or regulation shall be punished by a fine of not to exceed $100 or by imprisonment for not to exceed thirty days, or by both such fine and imprisonment. (b) The ferry and highway provided for by this act shall be operated and maintained free of tolls. Sec. 2, act of May 27, 1930 (46 Stat. 388). There is hereby authorized to be appropriated the sum of $1,000,000, or so much thereof as may be necessary, to establish the ferry and construct the highway provided for by this Act, and there are authorized to be appropriated annually such sums as may be necessary to carry out the provisions of this Act. Sec. 3, act of May 27, 1930 (46 Stat. 388). 2109. Philippine Islands; laws in effect. The provisions of section 1891 of the Revised Statutes of 1878 shall not apply to the Philippine Islands. Sec. 1, act of July 1, 1902 (32 Stat. 691); U.S.C. 48: 1490. * * * * * This provision, omitted from original text of the Military Laws, 1929, is added as the first paragraph of this section. For text of R.S. 1891, see 2101a, ante. The Philippine Legislature is hereby authorized to provide for the election of delegates to a constitutional convention, which shall meet in the hall of the house of representatives in the capital of the Philippine Islands, at such time as the Philippine Legislature may fix, within one year after the enactment of this Act, to formulate and draft a constitution for the government of the Commonwealth of the Philippine Islands, subject to the conditions and qualifications prescribed in this Act, which shall exercise jurisdiction over all the territory ceded to the United States by the treaty of peace concluded between the United States and Spain on the 10th day of December, 1898, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the 7th day of November, 1900. The Philippine Legislature shall provide for the necessary expenses of such convention. Sec. 1, act of Jan. 17, 1933 (47 Stat. 761); U.S.C. 48: 1231. The above provision is added as a new paragraph. By subsequent provisions of the act of Jan. 17, 1933 supra, it is provided that, pending final and complete withdrawal of American sovereignty, the United States shall have the right to maintain military and other reservations and armed forces in the Philippines, and, upon order of the President, to call into the service of such armed forces all military forces organized by the Philippine Government; and that the United States shall be represented by a High Commissioner who shall be recognized by the Government of the Commonwealth of the Philippine Islands and by the commanding officer of the military forces of the United States. Upon recognition of complete independence the United States is to surrender all rights in the Philippines, including military and other reservations except such as may be redesignated by the President. NOTES OF DECISIONS In general.-Federal trade-mark act held not to displace Philippine statute regulating trade-marks, trade-names and unfair competition in Philippines, but applies to valid trade-marks in commerce between conti- 2109a. Same; checking and arrastre charges.-That the checking charges and The payment of such charges heretofore or hereafter incurred shall be made by the United States Government from appropriations, heretofore or hereafter made for the particular departments or bureaus of the United States Government concerned, which are or may hereafter be made available for the payment of transportation charges on shipments of the character hereinbefore referred to: Provided, That the charges shall in no case exceed those charged commercial concerns for like services, shall not include any charges for ship-side deliveries that may hereafter be made except when services in connection therewith may be requested by the department or bureau concerned, and shall not be imposed in case of any deliveries made on piers owned or operated by the United States Government. Act of July 3, 1930 (46 Stat. 851); U.S.C. 48: 1011a. 2110a. Puerto Rico; designation. That from and after the passage of this resolution the island designated "Porto Rico" in the Act entitled "An Act to provide a civil government for Porto Rico, and for other purposes," approved March 2, 1917, as amended, shall be known and designated as "Puerto Rico." All laws, regulations, and public documents and records of the United States in which such island is designated or referred to under the name of "Porto Rico " shall be held to refer to such island under and by the name of "Puerto Rico." Pub. res. of May 17, 1932 (47 Stat. 158); U.S.C. 48: 731a. 2111. Same; laws in effect. NOTES OF DECISIONS In general.-The first paragraph of this section did not adopt construction of double jeopardy provisions by California courts. Carbonell v. People of Porto Rico (C.C.A. Porto Rico, 1928) 27 F. (2d) 253. The fact that the third paragraph of this section provides that the internal revenue laws of the United States shall not apply to Porto Rico, did not prevent the imposition of an excess profits tax, under sec. 201 of the Act of October 3, 1917, ch. 63 (repealed) on a New York corporation deriving its income from Porto Rico. Porto Rico Coal Co. v. Edwards (D.C.N.Y. 1921) 275 Fed. 104. 2112. Same; hurricane relief. An additional appropriation of $3,000,000 to be expended under the provisions of this section was authorized by public resolution of January 22, 1930 (46 Stat. 57). 2113. Samoa; acceptance of cession and government. (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, recom mend to Congress such legislation concerning the islands of eastern Samoa as they shall deem necessary or proper. Paragraph (d) of the original text of this section was superseded by the above. The citation at the end of the section should be changed to read: Pub. res, of Feb. 20, 1929 (45 Stat. 1253), as amended by pub. res. of May 22, 1929 (46 Stat. 3). 2113a. Virgin Islands; laws applicable.-That the provisions of sections 19 and 20 of the Act of March 3, 1899, entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," are hereby made applicable to the navigable waters of the Virgin Islands. Sec. 8, act of July 3, 1930 (46 Stat. 948), authorizing improvements on rivers and harbors; U.S.C. 48: 1399. For sections referred to, see 1851 and 1852, ante, respectively. That the provisions of sections 9 to 18, inclusive, of the Act, entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," approved March 3, 1899, are hereby made applicable to the Virgin Islands and the navigable waters thereof. Sec. 1, act of July 1, 1932 (47 Stat. 565); U.S.C. 48: 1399. For sections referred to, see 1847, 1849, 1850, 1853, 1865, 1870 and 1874, ante. By resolution of July 19, 1932 (47 Stat. 703); U.S.C. 12:37a, the National Bank Act was made applicable to the Virgin Islands, and by act of May 20, 1932 (47 Stat. 160); U.S.C. 48: 1400, the admiralty laws of the United States were made applicable thereto. 2118. Territorial militia; selection of officers. The first paragraph of this section, based on R.S. 1856, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429). 2122. Same; use by naval and Marine Corps detachments. "U.S.O. 10: 76" should be added to the citation to this section. 2124. Army transports; passengers and freight carried. NOTES OF DECISIONS General average. Where the United States, in one of its transports, is carrying the cargo without charge, and under no contract therefor, there is no common adventure and it is not subject to the rule of general average. Johnson & Higgins v. U.S. (1932) 74 Ct. Cls. 331. Under the circumstances recited, there being no liability upon the United States for contribution, its officer had no author.ty to contract on behalf of the Government for the services of an average adjuster. Id. 2126. Same; not to be sold without the consent of Congress. By Title I, deficiency appropriation act of July 1, 1932 (47 Stat. 540), the Secretary of War was authorized to sell the transport Merritt. 2130. Commercial transportation of the Army; by land-grant railroads. NOTES OF DECISIONS "Troops of the United States."-Who are and who are not 66 troops of the United 2132. Same; priority. States" defined at length. Southern Pac. Citation should be changed to read: Sec. 6, act of Feb. 4, 1887 (24 Stat. 380), as amended by sec. 2, act of June 29, 1906 (34 Stat. 587), as amended by act of Aug. 29, 1916 (39 Stat. 604); U.S.C. 10: 1362. 2133. Same; control in time of war. NOTES OF DECISIONS Compensation.-Where the use of plaintiff's property was taken by the Government and thereafter the fee, the plaintiff is entitled to just compensation for the use in addition to that for taking of the fee, and the just compensation to be awarded includes interest at a proper rate from the termination of the use (acquirement of the title) to the date paid. Ham burg-American Co. v. U.S. (1932) 74 Ct. Cls. 360. The fact that the statute under which the taking was accomplished made no provision for just compensation does not affect plaintiff's right thereto, which arises under the guaranty of the Fifth Amendment, out of an implied contract to pay just compensation. Id. |