302 U.S. 628 (58 S.Ct. 390, 82 L.Ed. 488)


No. 199.

Argued: Jan. 5, 6, 1938.

Decided: Jan. 17, 1938.




Mr. Justice BLACK delivered the opinion of the Court.

The question is whether the Economy Act 1 repealed section 401 of the War Risk Insurance Act 2 and thereby deprived veterans and their beneficiaries of 'automatic insurance.' In this suit, brought by the son of a soldier who died in service, both the District Court 3 and the Circuit Court of Appeals 4 were of the opinion that the Economy Act did not terminate the rights of a beneficiary of automatic insurance. We granted certiorari limiting consideration to the question of the repeal of the law providing automatic insurance. 5


It is here contended that the words of the Economy Act repealing 'other allowances' and 'laws * * * pertaining to yearly renewable term insurance' are broad enough to include a repeal of automatic insurance. With this contention we cannot agree.


While the Economy Act explicitly repealed all laws which granted 'medical or hospital treatment, domiciliary care, compensation and other allowances, pension, disability allowance, * * * retirement pay * * * and all laws granting or pertaining to yearly renewable term insurance,' Congress did not include 'automatic insurance' in this detailed list of benefits repealed.





The judgment of the Circuit Court of Appeals is therefore affirmed.


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Section 17, Act of March 20, 1933, c. 3, 48 Stat. 11, 38 U.S.C.A. § 717: 'All public laws granting medical or hospital treatment, domiciliary care, compensation and other allowances, pension, disability allowance, or retirement pay to veterans and the dependents of veterans of * * * the World War, * * * are hereby repealed, and all laws granting or pertaining to yearly renewable term insurance are hereby repealed, but payments in accordance with such laws shall continue to (June 30, 1933) the lst day of the third calendar month following the month during which this Act is enacted.'


Section 401 of the War Risk Insurance Act, as amended Dec. 24, 1919, c. 16, § 12, 41 Stat. 371, 375: 'Any person in the active service on or after the 6th day of April, 1917, and before the 11th day of November, 1918, who, while in such service, and before the expiration of one hundred and twenty days after October 15, 1917, or one hundred and twenty days after entrance into or employment in the active service, becomes or has become totally and permanently disabled, or dies or has died, without having applied for insurance, shall be deemed to have applied for and to have been granted insurance, payable to such person during his life in monthly installments of $25 each. * * * If he shall die either before he shall have received any of such monthly installments or before he shall have received two hundred and forty of such monthly installments, then $25 per month shall be paid to * * * his child: * * * Provided, however, That no more than two hundred and forty of such monthly installments * * * shall be so paid.'


14 F.Supp. 132.


4 Cir., 89 F.2d 572.


302 U.S. 673, 58 S.Ct. 28, 82 L.Ed. —-.


United States v. Yuginovich, 256 U.S. 450, 41 S.Ct. 551, 65 L.Ed. 1043; United States v. Noce, 268 U.S. 613, 45 S.Ct. 610, 69 L.Ed. 1116; see Cope v. Cope, 137 U.S. 682, 11 S.Ct. 222; 31 L.Ed. 832.


See, as to meaning of 'allowances,' Jones v. United States, 60 Ct.Cl. 552, 567; United States v. Landers, 92 U.S. 77, 23 L.Ed. 603.




Rosencrans v. United States, 165 U.S. 257, 17 S.Ct. 302, 41 L.Ed. 708.


Cf. United States v. Greathouse, 166 U.S. 601, 17 S.Ct. 701, 41 L.Ed. 1130.


Cf. Washington v. Miller, 235 U.S. 422, 428, 35 S.Ct. 119, 59 L.Ed. 295; see, also, Posadas v. National City Bank, 296 U.S. 497, 503 et seq., 56 S.Ct. 349, 352, 80 L.Ed. 351.