§ 4. "Vehicle" as including all means of land transportation

The word "vehicle" includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. July 30, 1947, c. 388, § 1, 61 Stat. 633.

Library references: Statutes 199; C.J.S. Statutes § 338.

Cross References. "Motor vehicle" defi- "Vehicle", definition as relating to connition, see section 2311 of Title 18, traband articles, see section 787 (b) Crimes and Criminal Procedure, and Title 49. Transportation. section 303 (13) of Title 49. Transporta

§ 5.

"Company" or "association" as including successors and assigns The word "company" or "association", when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association", in like manner as if these lastnamed words, or words of similar import, were expressed. July 30, 1947, c. 388, § 1, 61 Stat. 633.

Library references: Statutes 199; C.J.S. Statutes § 338.

§ 6. Limitation of term “products of American fisheries"

Wherever, in the statutes of the United States or in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States there appears or may appear the term "products of American fisheries" said term shall not include fresh or frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections), produced in a foreign country or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States. July 30, 1947, c. 388, § 1, 61 Stat. 633.

Library references: Fish 9; C.J.S. Fish § 27.

CHAPTER 2-ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF

The enacting clause of all Acts of Congress shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."

c. 388, § 1, 61 Stat. 633.

Library references: Statutes 40; C.J.S.Statutes §§ 64, 65.

§ 102. Resolving clause

July 30, 1947,

The resolving clause of all joint resolutions shall be in the following form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled." July 30, 1947, c. 388, § 1, 61 Stat. 633.

Library references: Statutes 41; C.J.S. Statutes § 74.

§ 103. Enacting or resolving words after first section

No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first. July 30, 1947, c. 388, § 1. 61 Stat. 633.

Library references: Statutes 40, 41; C.J.S. Statutes §§ 64, 65, 74.

§ 104. Numbering of sections; single proposition

Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. July 30, 1947, c. 388, § 1, 61 Stat. 633.

1.

Library references: Statutes 40, 41, 107(1); C.J.S. Statutes §§ 64, 65, 74, 217, 218. Subheadings

Subheadings on respective sections of a statute will not be read as destroying the clear meaning of the body of the statute, but where there is no collision involved

§ 105. Title of appropriation acts

it is proper to consult both the section heading and the section's content in order to ascertain the statute's clear and total meaning House v. C. I. R., C.A. Tex.1972, 453 F.2d 982.

The style and title of all Acts making appropriations for the support of Government shall be as follows: "An Act making appropriations

(here insert the object) for the year ending September 30 (here insert the calendar year.)."

July 30, 1947, c. 388, § 1, 61 Stat. 633, amended July 12, 1974, Pub. L. 93-344, Title V, § 506 (a), 88 Stat. 322.

Library references: Statutes 110(1); C.J.S. Statutes §§ 232, 240 et seq. 1974 Amendment. Pub. L. 93-344 substituted "September 30" for "June 30."

Effective Date of 1974 Amendment. Section 506(b) of Pub. L. 93-344 provided that: "The provisions of subsection (a) of this section [amending this section] shall be effective with respect to Acts making appropriations for the sup

port of the Government for any fiscal year commencing on or after October 1, 1976."

Legislative History. For legislative history and purpose of Pub. L. 93-344, see 1974 U.S.Code Cong. and Adm. News, p. 3462.

§ 106. Printing bills and joint resolutions

Every bill or joint resolution in each House of Congress shall, when such bill or resolution passes either House, be printed, and such printed copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or resolution shall be signed by the Clerk of the House or the Secretary of the Senate, and shall be sent to the other House, and in that form shall be dealt with by that House and its offcers, and, if passed, returned signed by said Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall be printed and shall then be called the enrolled bill, or joint resolution, as the case may be, and shall be signed by the presiding officers of both Houses and sent to the President of the United States. During the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as above prescribed, upon the order of Congress by concurrent resolution. July 30, 1947, c. 388, § 1, 61 Stat. 633.

Library references: Statutes 38; C.J.S. Statutes § 63

§ 106a. Promulgation of laws

Whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Administrator of General Services from the President; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Administrator of General Services from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals. Added Oct. 31, 1951, c. 655, § 2(b), 65 Stat. 710.

Similar Provisions; Repeal; Saving Clause; Delegation of Functions: Transfer of Property and Personnel. Similar provisions were contained in R.S. 204; Act Dec. 28, 1874, c. 9. § 2, 18 Stat. 294: 1950 Reorg.Plan No. 20. § 1. eff. May 24. 1950, 15 F.R. 3178. 64 Stat. 1272, which. with the exception of such reorganization plan, were repealed by section 56(h) of

Act Oct. 31, 1951. Subsec. (1) of said section 56 provided that such repeal should not affect any rights or liabilities existing under those statutes on the effective date of such repeal (Oct. 31, 1951). For delegation of functions under such repealed statutes, and transfer of records, property, personnel, and funds. see sections 3 and 4 of said 1950 Reorg.

1. Evidence to vary authenticated act When a duly enrolled bill, signed by the Speaker of the House of Representatives, the President of the Senate. and the President of the United States, was placed in the custody of the Secretary of State. its authentication as a law was complete, and no reference could be had to the journal of either house, to the reports of committees, or to any documents printed by authority of Congress, to show that a section of the bill, as it finally passed, did not appear in the act, as authenticated. Field v. Clark, N.Y.1892, 12 S.Ct. 495, 143 U.S. 649, 36 L.Ed. 294.

2. When act in force

a

Neither the Constitution nor any Act of Congress, either expressly or by implication, imposes upon the President the duty of affixing a date to his signature to bill. and "whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort

a

to any source of information which in its nature is capable of conveying to the judicial mind clear and satisfactory answer to such question: always seeking first for that which in its nature is most appropriate, unless the positive law has enacted different rule." Gardner v. Barney, 1868, 73 U.S. 499, 6 Wall. 499, 18 L.Ed. 890.

a

The date of the President's approval of a bill is the date at which it becomes law. Id.

Action by United States senator for a judgment declaring that Family Practice of Medicine Act became a validly enacted law of the United States without signature of President and for an order in nature of mandamus or a permanent injunction requiring acting administrator of General Services Administration and Chief of White House Records to publish that act as a validly enacted law of the United States did not require any jurisdiction by federal court over President of the United States. Kennedy v. Sampson, D.C.D.C.1973, 364 F.Supp. 1075, affirmed 511 F.2d 430, 167 U.S.App.D.C. 192.

Where an Act of Congress bore the signature of the President and the words "approved July 23, 1868", and was transmitted to the office of the Secretary of State and received thereon July 24 at 4 p. m, it was at least operative and in force from the hour last named. American Wood Paper Co. v. Glens Falls Paper Co., C.C.N.Y 1871, 8 Blatchf. 513, 1 Fed.Cas.No.321a.

The president has the power to approve bills after adjournment sine die of the Congress which has passed therein but within 10 days, Sundays excepted, after they have been presented to him. 1920, 32 Op.Atty. Gen. 225.

§ 106b. Amendments to Constitution

Whenever official notice is received at the General Services Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Administrator of General Services shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. Added Oct. 31, 1951, c. 655, § 2 (b), 65 Stat. 710.

Similar Provisions; Repeal; Saving Clause; Delegation of Functions; TransSimilar fer of Property and Personnel. provisions were contained in R.S. § 205: 1950 Reorg. Plan No. 20, § 1, eff. May 24, Said R. 1950, 15 F.R. 3178, 64 Stat. 1272. S. 205 was repealed by section 56(h) of Act Oct. 31, 1951. Subsec. (1) of said section 56 provided that such repeal should not affect any rights or liabilities existing under such repealed statute on the effective date of said repeal (Oct 31, 1951). For delegation of functions under such repealed statute, and transfer of records, property, personnel, funds, see sections 3 and 4 of said 1950 Reorg Plan No. 20, set out in the Appendix to Title 5, Government Organization and Employees.

Index to Notes

and

Library references

news

Constitutional Law 10. C.J.S. Constitutional Law § 6. History of legislation upon paper publication of laws, etc. The first section of the Act of April 20, 1818, relative to the publication of the laws of the United States in newspapers, was repealed by the second section of the Act of May 11. 1820, c. 92, 3 Stat. 576.

In the Appropriation Act of Aug. 26, 1842, 5 Stat. 527, c. 202, § 21, the Act of April 20, 1818, so far as the same authorized or required "the laws, resolutions, treaties, and amendments of the Constitution of the United States to be published in any paper or papers printed in the different states or territories of in United States," was repealed; thereof, the Secretary of State was required to cause the publication of such "laws, resolutions, treaties, and amendments in not less than two than four of the principal newspapers published in the city of Washington.'

nor

the lieu

more

By the Act of Aug. 8, 1846, c. 101, 9 Stat. 76, section 21 of the Act of Aug. 26, 1842, was repealed, and so much of the Act of April 20, 1818, relating to the publication of the laws of the United States as was repealed by said section 21 was revived and continued in force, with the proviso that the Secretary of State "shall

cause the publication of such laws, resolutions, treaties, and amendments, in two of the newspapers in the District of Columbia, and in each of the several States and Territories of the United States, and no more."

essential to its validity than is the promulgation of an act of Congress under the preceding section [former section 159 of Title 5, now 106a of this title], and the former is no more the beginning of the amendment than the latter is the beginning of the law; for, notwithstanding the requirement for promulgation, it is universally recognized

that

an

act of Congress takes effect and is in force from the date of its passage and approv al, and a constitutional amendment is likewise in full force and effect from and after its ratification by the requisite number of states. In other words, the promulgation by the Department of State [now by the Administrator of General Services] only affords prima facie evidence of ratification, and the promulgation, when made, relates back to the last necessary vote by a state LegisEx parte Dillon, D.C.Cal.1920, 262 F. 563, affirmed 41 S.Ct. 510, 256 U.S. 368, 65 L.Ed. 994.

The provisions relating to the publication in newspapers of "the acts and resolutions passed by Congress," and, in like manner, the "public treaties" ratified by the United States, are separately stated in section 1 of the Act of April 20, 1818, while section 2 especially relates to any "amendment" made to the Constitution "which heretofore has been, or hereafter may be, proposed," etc.; but the Act of Aug. 26, 1842, § 21, included both sections within its repealing clause; and when, by Act of Aug. 8, 1846, the provisions of section 21 were repealed, that portion of the Act of April 20, 1818, lature." was thus revived and re-enacted which included "laws." "resolutions," "treaties," and "amendments" to the Constitution as matter authorized to be published in newspapers by the Secretary of State. without distinction, and this continued to be done until the enactment of Feb. 18, 1875. c. 80, 18 Stat. 317. which provides that the "publication of the laws in newspapers shall cease." See § 321 of Title 44. Public Printing and Documents.

The publication of the Revised Statutes in the newspapers, at the expense of the United States. was forbidden by Act of June 20, 1874.

The provisions of this section do not appear to have been affected by the Act of Feb. 18, 1875, as the prohibition against the publication of "laws" in newspapers cannot properly be construed to include amendments to the Constitution, as there is no discrepancy between the text of the Revised Statutes and that of the original Act. Where sections or parts of sections are repealed, such repealed provisions are included in brack

ets

and printed in italics, and where words are required to be added or inserted, such words are printed in ordinary roman letters and also inclosed in brackets. See Wright v. U. S., 1879, 15 Ct.Cl. 80.

2.

Construction

This section presupposes official notice to Secretary of State (now to the Administrator of General Services) when a state legislature has adopted resolution of ratification. Coleman v. Miller, Kan. 1939, 59 S.Ct. 972. 307 U.S. 433, 83 L.Ed. 1385, 122 A.L.R. 695.

8. General duty as to publication

Under former section 160 of Title 5, the Secretary of State was required to issue his proclamation of an amendment to the Constitution of the United States on receipt of notice from the required number of states of ratification of the amendment, and he had no discretion to determine the truth of the facts stated in the notice from the states. U. S. ex rel. Widenman v. Colby, 1920, 265 F. 998, 49 App.D.C. 358, error dismissed 42 S.Ct. 169, 257 U.S. 619, 66 L.Ed. 400.

4. Publication as essential to validity

The validity of a constitutional amendment does not depend in any wise upon the proclamation of the Secretary of State (now of the Administrator of General Services) under this section, for it is the approval of the requisite number of States in accordance with U. S. Const. art. 5, and not the proclamation, that to gives vitality the amendment and makes it a part of the Constitution. U. S. ex rel. Widenman v. Colby, 1920, 265 F. 998, 49 App.D.C. 358, error dismissed 42 S.Ct. 169, 257 U.S. 619, 66 L.Ed. 400.

"The promulgation of a constitutional amendment under [Rev.St.] section 205 [incorporated as this section] is no more

5.

Conclusiveness
adoption

of States' notice of

Under this section it is the duty of the Secretary of State (now of the Administrator of General Services), upon receiving notice from three-fourths of the several states that the proposed amendment has been adopted, to issue his proclamation and publish the amendment, and he is not required, or authorized, to investigate and determine whether or not the notices state the truth but must accept them as doing so, if they are in due form. U. S. ex rel. Widenman v. Colby, 1920, 265 F. 999, 49 App.D.C. 359, error dismissed 42 S.Ct. 169, 257 U.S. 619, 66 L.Ed. 400.

er

U.S.C.A.Const. Amend. 14, having been submitted to the states of the union aftproper passage by both houses of Congress, and having been approved by the sufficient number of states by duly authenticated official notice to Secretary of State who certified to ratification by his proclamation, became a part of the Federal Constitution, notwithstanding contention that it was never constitutionally proposed to several of the states listed as ratifying, in that they had been deprived at that time of their equal suffrage in the Senate in contravention of U.S.C.A.Const. Art. 5. U. S. v. Gugel, D.C.Ky.1954, 119 F.Supp. 897.

6. Power of courts to question validity of adoption

The decision by Congress in its control of action of secretary of state (now the Administrator of General Services) on question of whether amendment to Federal Constitution had been adopted withIn a reasonable time would not be subject to review by courts. Coleman v. Miller, Kan.1939, 59 S.Ct. 972, 307 U.S. 433, 83 L.Ed. 1385, 122 A.L.R. 695.

The failure of Congress to provide any limitation of time for ratification of proposed child labor amendment to Federal Constitution did not warrant determination by court as to whether ratification by Kansas Legislature nearly 13 years after original proposal was invalid because of lapse of time, since questions upon which such a determination would be based were essentially "political" and not "justiciable." Id.

The questions raised by mandamus proceeding in Supreme Court of Kansas by members of Kansas Legislature to compel a proper record of legislative action on proposed Child Labor Amendment to the Federal Constitution, constituted "federal questions," as respects legislators' right to have state court's judgment reviewed by the Supreme Court, since those questions arose under federal constitutional provision conferring pow. er to amend. Id.