Evening star., 1941-01-31

1OIC4Sll COullUIy clIIlci iiOW lldS
or hereafter acquires title, pos
session or control.
This additional language in
section 2 (a) of the bill describ-
ing what is included in the def
milton of defense article" when
read together with the substan-
tive provisions of the bill:
% Empowers the President to
authorize the disposition of de-
fense articles, subject to the limi-
tations in the bill, whether, or
not they are defense articles
which have been manufactured or
procured especially for any coun-
try the defense of which is vital
to our national security. If the
equipment to be so disposed of
is equipment which was not man
ufactured or procured specifically
for such country, then the dis
position can only be made after
consultation with the chief of
staff of the Army or the chief
of naval operations of the Navy,
as provided by your committees
amendment to paragraph CD of
section 3 (a).
90 Empowers the President,
when he deems it in the interest
of the national defense, to au-
thorize the Secretary of War, the
Secretary of the Navy or the head
of any other governmental agency
to test, inspect, prove, repair, out
fit, recondition or otherwise to
place in good working order a
vessel or other defense article
owned or controlled by a nation
whose defense the President
deems vital to the defense of the
United States. However, this ad-
ditional language in section CN
of the bill setting forth what is
included in the phrase defense
article" is not intended to, and
does not, in any way enlarge or
modify the powers of the Gov
ernment to requisition any de-
fense articles such as foreign
ships interned in our ports.
Importing of Defense Information
Limited to Specific Articles.
The definition in section (b)
of defense information" when
read together with the substan-
tive provisions of the bill means
that only those plans, specifica-
tions. designs, prototypes or
other information pertaining to
defense articles which have been
actually transferred, pursuant to
the bill, can be communicated to
a country the defense of which
is vital to the defense of the
United States. The bill does not
in any way enlarge the powers
of the Government or its officers
to communicate defense in
formation unless such communi-
cation follows after, and is in
cidental and relates to, defense
article transferred pursuant to
the bill. The obvious purpose of
authorizing the communication
of such defense information is to
enable the country to which de-
fense articles are transferred in
telligently and effectively to use
such defense articles. Obviously,
neither this definition nor any
of the substantive provisions of
the bill would empower the Gov
ernment or any of its officers to
communicate information con-
cerning, for example, the de-
fenSe of the Panama Canal or
of Fort Knox.
Section 3 is the heart of the
bill Briefly, it empowers the
President to authorize the Sec
retary of War, the Secretary Of
the Navy or the head of any
other department or agency of
the Government to manufacture
or procure, dispose of and repair
defense articles, and to COM
municate defense information, to
or for the benefit of those ma
tions the defense of which is
vital to the defense of the United
States, Notwithstanding the pro-
visions of any other law.
The expression ''notwithstand-
ing the provisions of any other
law" has been used by the Con-
gress since shortly after the
formation of the Union. In 1894
the Congress granted exemption
from customs duties to certain
munitions, anything in any
former law to the contrary
notwithstanding" Il stat. 370).
Since that time the phrase has
been used innumerable times, as
for instance in the period from
1914 through 1922: 3 Stat. 49,.
143, 261, 334, 412, 462, 582, 610,
$40, 662. 1t has also been used
many times since then, as, for
example, in section S (a) and
IA (a) of the act of June %, 1910
public, No. 671, 18th Congress-.
General Statute Prevails
Over Specific Statutes.
The phrase Notwithstanding
the provisions of any other law"
has not only been used many
times, but its meaning is clear.
When a statute containing this
ldIlSudSe CONClS eCIlCI al oub-
lect matter such as the DISPOSE
ton by the Government of mil
itary and naval equipment, such
general statute prevails over
specific statutes covering part OF
the field or inconsistent with the
general statute. Statutes the
application of which would be
inconsistent with the provisions
of section (a) are not repealed
by the bill. The only effect of the
phrase Notwithstanding the pro-
visions of any other law" is to
suspend the application of such
inconsistent laws in order to make
possible the effective carrying out
of the provisions of section 3 (a).
Such laws remain in full force
and effect with respect to all
other matters to which they now
apply. Thus H. r. 1776, in so far
as it provides that military equip
ment can be disposed of on such
terms as the President deems
satisfactory, would prevail over
statute requiring public advertise
ment before military equipment