[110] 10 U.S.C. § 1590.
[111] Mullan v. United States, 140 U.S. 240 (1891); Wallace v. United States, 257 U.S. 541 (1922).
[112] Surrogate's Court, Dutchess County, New York, ruling July 25, 1950 that the estate of Franklin D. Roosevelt was not entitled to tax benefits under sections 421 and 939 of the Internal Revenue Code, which extends certain tax benefits to persons dying in the military service of the United States. New York Times, July 26, 1950, p. 27, col. 1.
[113] Farrand, I, 70, 97, 110; II, 285, 328, 335-337, 367, 537-542 (passim).
[114] Heads of Executive Departments except the Postmaster General have no fixed legal terms. For the history of legislation on the subject. See 36 Op. Atty. Gen. 12-16 (April 18, 1929); also Everett S. Brown, The Tenure of Cabinet Officers, 42 American Political Science Review 529-532 (June, 1948).
[115] See Corwin, The President, Office and Powers (3d ed.), New York University Press, 1948, 21-22, 74, 98-99, 257, 358-364, 372-373, 378-381, 516-519. The only question of a constitutional nature that has arisen concerning the Cabinet meeting is as to its right to meet, on the call of the Secretary of State, in the President's absence. Ibid. 402.
[116] United States v. Wilson, 7 Pet. 150, 160-161 (1833).
[117] 236 U.S. 79, 86 (1915).
[118] Ibid. 90-91.
[119] Armstrong v. United States, 13 Wall. 154, 156 (1872). In Brown v. Walker, 161 U.S. 591 (1896), the Court had said: "It is almost a necessary corollary of the above propositions that, if the witness has already received a pardon, he cannot longer set up his privilege, since he stands with respect to such offence as if it had never been committed." Ibid. 599, citing British cases.