mbers of Congress and
Presidential Electors notwithstanding any provisions of State law
relating to the registration of qualified voters or any poll tax
requirement under State law. The constitutional validity of this act was
open to serious question and by the act of April 1, 1944 was abandoned.
The latter act established a War Ballot Commission which was directed to
prepare an adequate number of official war ballots, whereby the service
men would be enabled in certain contingencies to vote for Members of
Congress and Presidential Electors; but the validity of such ballots was
left to be determined by State election officials under State laws. 50
(App.) U.S.C.A. Sec. 301-302, 331, 341.

[38] 343 U.S. 214 (1952).

[39] _See_ pp. 942-944.

[40] 1 Stat. 239.

[41] 3 U.S.C. Sec. 23.

[42] 3 U.S.C. Sec. 21.

[43] Public Law 199, 80th Cong., 1st sess. By section 202 (a) of Public
Law 253 of the 80th Cong., 1st sess., approved July 26, 1947, that is,
eight days after Public Law 199, the "Secretary of War" and the
"Secretary of the Navy" were stricken from the line of succession and
the "Secretary of Defense" whose office Public Law 253 created, was
inserted instead.

[44] _Cf._ 13 Op. Atty. Gen. 161 (1869), holding that a specific tax by
the United States upon the salary of an officer, to be deducted from the
amount which otherwise would by law be payable as such salary, is a
diminution of the compensation to be paid to him, which, in the case of
the President of the United States, would be unconstitutional if the act
of Congress levying the tax was passed during his official term.

[45] The Federalist No. 69, 513, 515.

[46] Story's Commentaries, II, Sec. 1492.

[47] Fleming _v._ Page, 9 How. 603, 615, 618 (1850).

[48] Ex parte Milligan, 4 Wall. 2, 139 (1866).

[49] 1 Stat. 424 (1795); 2 Stat. 443 (1807). _See also_ Martin _v._
Mott, 12 Wheat. 19, 32-33 (1827), asserting the finality of the
President's judgment of the existence of a state of facts requiring his
exercise of the powers conferred by the act of 1795.

[50] Messages and Papers of the Presidents, VII, 3221.

[51] 2 Bl. 635 (1863).

[52] Messages and Papers of the Presidents, VII, 3215, 3216, 3481.

[53] 2 Bl. at 668-670.

[54] 12 Stat. 326 (1861).

[55] James G. Randall, Constitutional Problems under Lincoln, 118-139
(New York, 1926).

[56] _See_ the Government's brief in United States _v._ Montgomery Ward
and Co., 150 F. 2d 369 (1945).