Carlson

The appellee, plaintiff below, brought action to recover so-called “automatic” insurance under the War Risk Insurance Act ( 40 Stat. 398 ). From a verdict and judgment in his favor the government has appealed. In his complaint the plaintiff alleges, in substance : That on or about June 24, 1916, he enlisted in the National Guard of the State of Washington, and remained continuously therein until that organization was called into the service of the federal government by the President; that on April 28, 1917, and while engaged in the active service of the United States, he was discharged from the army'upon a surgeon’s certificate of disability, and that during his period of service and in the line of duty he contracted diseases and maladies which rendered him totally and permanently disabled. It is further alleged that under the terms of the War Risk Insurance Act he is deemed to have applied for and to have been granted insurance in the amount of $25 per month for the duration of his life in consequence of his claimed total and permanent disability.

The assignments of error relied upon .by appellant give rise to the following contentions urged in its behalf: (1) That the appellee…