provides for insurance against the risks of war of American vessels and cargoes, and the persons and effects of the officers and crews of such vessels, until six months after the termination of the war. The act of June 5, 1942 (56 Stat. 310), appropriates $210,000,000 for this purpose. Notes of Decisions General average.-(2d paragraph.)—Omit: (3d and 4th paragraphs.)-Change citation Atlantic Mutual Insurance Co. v. U. S. to read: U. S. v. Atlantic Mutual Ins. Co. (1934), 80 Ct. Cl. 11; reversed by (1936), (1936), 298 U. S. 483, reversing (1934), 80 298 U. S. 483. Ct. Cl. 11. 2110. Services by War Department; arsenals. As repeated in the Naval Appropriation Act of May 6, 1941 (55 Stat. 172), and subsequent acts, including Naval Appropriation Act, 1945 (58 Stat. 319), that portion of the fourth paragraph of the original text of this section beginning with the word "Provided" in the twelfth line has been omitted. The act of August 11, 1941 (55 Stat. 616) authorized a plant-protection force for naval shore establishments, for the purpose of investigating activities contrary to the interest of the United States. 2112. Services by War Department; hospitals. The first paragraph of this section as repeated in the appropriation act for the fiscal year 1942, and subsequent acts, including Independent Offices Appropriation Act, 1945 (58 Stat. 381), is modified by inclosing in parenthesis the words "Public Health Service" and inserting immediately before same the words "Federal Security Agency." The second paragraph has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 589). 2113. Services by War Department; laundries. This section, based on Title I, War Department Appropriation Act of April 9, 1935 (49 Stat. 129), was not repeated in the appropriation act for the fiscal year 1943. 2114. Services by. War Department; telegraph and cable lines. Provided further, That hereafter charges for interconnection between the radio-telephone facilities of this system and commercial telephone facilities may be paid from the receipts of the Alaska Communication System. War Department Civil Appropriation Act of May 23, 1941 (55 Stat. 191); 48 U.S. C. 311. The above provision is added as a new paragraph of this section. 2116. Services by War Department; transportation and subsistence of American National Red Cross personnel. That when the said Red Cross cooperation and assistance with the land and naval forces in time of war or threatened hostilities shall have been accepted by the President, the personnel entering upon the duty specified in section 1 of this Act shall, while proceeding to their place of duty, while serving thereat, and while returning therefrom, be transported and subsisted at the cost and charge of the United States as civilian employees employed with the said forces, and no passport fee shall be charged or collected for any passport issued to such personnel so serving or proceeding abroad to enter upon such service, and the Red Cross supplies that may be tendered as a gift and accepted for use by the land and naval forces shall be transported at the cost and charge of the United States. Sec. 2, act of Apr. 24, 1912 (37 Stat. 91); sec. 2, act of June 29, 1943 (57 Stat. 247-248); 36 U. S. C. 11. The original text of this section has been amended as above. The amendatory act of June 29, 1943, supra, was made effective from December 5, 1941 by the provisions of section 1 thereof. By 746, ante, the provisions of the Bacon-Davis act were extended to include the Territory of Alaska. 2123a. Alaska National Guard.-That the militia of the Territory of Alaska shall consist of all able-bodied male citizens of the United States and all other able-bodied males who shall have declared their intention to become citizens of the United States, residing within the Territory, who shall be more than eighteen years of age and, except as hereinafter provided, not more than forty-five years of age, and said militia shall be divided into two classes: The Organized Militia, to be known as the Alaska National Guard, and the Unorganized Militia. Sec. 1, act of Dec. 31, 1941 (55 Stat. 879); 48 U.S. C. 473. The following persons shall be exempt from militia service: Persons exempted by the laws of the United States, judges of the several courts of the Territory, and members and officers of the Alaska Territorial Legislature. Sec. 2, act of Dec. 31, 1941 (55 Stat. 879); 48 U.S. C. 474. The Alaska National Guard shall consist of members of the militia voluntarily enlisted therein, who, upon original enlistment, shall be not less than eighteen nor more than forty-five years of age, or who, in subsequent enlistment, shall be not more than sixty-four years of age, organized, armed, equipped, and federally recognized according to the laws of the United States, and of commissioned officers and warrant officers who are citizens of the United States between the ages of twenty-one and sixty-four years and who shall be appointed and commissioned or warranted by the Governor of the Territory: Provided, That former members of the Regular Army, Navy, or Marine Corps under sixty-four years of age may enlist in said Alaska National Guard. Sec. 3, act of Dec. 31, 1941 (55 Stat. 879); 48 U. S. C. 475. The Governor of the Territory of Alaska, as ex officio commander of the militia of the Territory, shall have like command of the Alaska National Guard while not in active Federal service, and is empowered to promulgate all necessary regulations therefor not inconsistent with this Act. Except as otherwise prescribed by this Act, the Alaska National Guard and its members shall be subject to all Federal laws and regulations relating to the National Guard of the several States and Territories, and of the United States. Sec. 4, act of Dec. 31, 1941 (55 Stat. 879); 48 U. S. C. 476. The Adjutant General of the Territory of Alaska shall be appointed by the President with such rank and qualifications as he may prescribe. He shall be a citizen of the Territory and shall make such returns and reports to the Secretary of War and to the Governor of the Territory of Alaska or to such officers as each of them may designate, at such times and in such form as may be prescribed. Sec. 5, act of Dec. 31, 1941 (55 Stat. 880); 48 U.S. C. 477. The terms and provisions of this Act pertaining to the Alaska National Guard are hereby made applicable to the existing units and individuals of the military forces in the Territory of Alaska, heretofore organized and known as the Alaska National Guard, and such organization is hereby ratified and confirmed. Sec. 6, act of Dec. 31, 1941 (55 Stat. 880); 48 U.S. C. 478. During such time as the Alaska National Guard, or any part thereof, is in active Federal service, the Governor of Alaska, through voluntary enlistments, may organize a Territorial Guard under such regulations as to discipline in training as the Secretary of War may prescribe: Provided, That the Secretary of War, in his discretion and under such regulations as he may prescribe, is authorized to issue for the use of such Territorial Guard, upon requisition of the Governor of the Territory, such arms and equipment as may be in possession of and can be spared by the War Department. Sec. 7, act of Dec. 31, 1941, (55 Stat. 880); 48 U. S. .C. 479. 2124. Canal Zone; laws in effect. The Canal Zone Code was further amended by the following acts: April 12, 1939 (53 Stat. 574). August 10, 1939 (53 Stat. 1347). June 13, 1940 (54 Stat. 387). December 12, 1941 (55 Stat. 798). December 16, 1941 (55 Stat. 802). October 1, 1942 (56 Stat. 763). The Goethals Memorial Commission, appointed under authority of this act, was placed under the jurisdiction and control of the War Department by Executive Order No. 8191, July 5, 1939. Under authority of section 401, Title 2, Canal Zone Code, rules and regulations pertaining to taxes and licenses in the Canal Zone were promulgated in Executive Order No. 8306, December 19, 1939. Executive Order No. 8354, February 25, 1940, sets aside certain lands therein described as the Fort Kobbe Military Reservation. Executive Order No. 8737, April 16, 1941, as amended by Executive Order No. 9110, March 24, 1942, set aside certain lands therein described as the Fort Gulick Military Reservation. Executive Order No. 8782, June 12, 1941, sets aside certain lands in Gatun Lake, Canal Zone, for the use of the War Department. Executive Order No. 9293, January 2, 1943, supersedes Executive Order No. 7407, July 6, 1936, and reserves and sets apart certain described land in the Canal Zone as Quarry Heights Military Reservation under the control and jurisdiction of the Secretary of War, except that it shall be subject to the civil jurisdiction of the Canal Zone authorities in conformity with the provisions of the Canal Zone Code. Notes of Decisions Status.-Change citation to read: Com- (2d) 225; certiorari denied (1937), 302 U. S. pagnie Generale Transatlantique v. Governor 720. of the Panama Canal (C. C. A. 5, 1937), 90 F. 2124a. Canal Zone; construction.-There is hereby authorized to be appropriated not to exceed $23,750,000 to be expended for the construction, rehabilitation, and installation in the Panama Canal Department of such buildings, utilities, and appurtenances thereto as may be necessary to house antiaircraft, seacoast defense, and auxiliary units most urgently needed for defense of the Panama Canal. Sec. 12, act of Apr. 3, 1939 (53 Stat. 559). An appropriation for the acquisition of land in the Republic of Panama "as authorized by" the act of April 3, 1939, is made by Supplemental Military Appropriation Act of July 1, 1939 (53 Stat. 994). The Third Deficiency Act of August 9, 1939 (53 Stat. 1327) makes this appropriation available for the acquirement of leasehold or other interests in land, as well as fee simple titles, and authorizes the acceptance of donations by the Secretary of War. Cost-plus contracts for public works projects in Alaska and the Panama Canal Zone are authorized by 742a, ante. Appropriations for construction of buildings and utilities at military posts in the Canal Zone were authorized by act of June 29, 1940 (54 Stat. 704). 2124b. Canal Zone; biological area. That the President is authorized and directed to set aside within the Canal Zone an area in Gatun Lake known as Barro Colorado Island in which the natural features shall, except in event of declared national emergency, be left in their natural state for scientific observation and investigation. Sec. 1, act of July 2, 1940 (54 Stat. 724); 48 U.S. C. 1381. The purpose of setting aside such an area is to preserve and conserve its natural features, including existing flora and fauna, in as nearly a natural condition as possible, thus providing a place where duly qualified students can make observations and scientific investigations for increase of knowledge, under such conditions and regulations as may be prescribed by the Board of Directors of the Canal Zone Biological Area. Sec. 2, act of July 2, 1940 (54 Stat. 724); 48 U.S. C. 1382. Section 3 of the act of July 2, 1940, supra, provides for the composition of the Board of Directors of the Canal Zone Biological Area, of which the Secretary of War is to be a member. The area designated in this section was set aside for the purpose indicated by Executive Order No. 8515, August 13, 1940. 2125. Canal Zone; contracts with Panama Railroad. The act of June 20, 1940 (54 Stat. 494) provides for payments to the governments of Panama and Colombia for damages to cargo caused by a Panama Railroad barge operated by the Signal Corps, United States Army. Section 2, act of May 3, 1943 (57 Stat. 75), authorized the Panama Railroad Company to convey to the Republic of Panama certain lands located in the cities of Panama and Colon which, in the opinion of the Secretary of War, are no longer needed for the operation of the Panama Railroad or for the operation, maintenance, sanitation, or defense of the Panama Canal. This authority expired on June 30, 1944. Executive Order No. 7021, April 19, 1935, authorizing the Governor of the Panama Canal to arrange for the operation by the Panama Railroad Company of Panama Canal piers, is amended by Executive Order No. 9479, September 6, 1944. Notes of Decisions In general.-(5th paragraph.)-Omit: New U. S. 401; overruled (1939), 306 U. S. 466. York ex rel. Rogers v. Graves (1937), 299. See 349b, ante. 2125a. Canal Zone; operation of canal.-That when in the judgment of the President the construction of the Panama Canal shall be sufficiently advanced toward completion to render the further services of the Isthmian Canal Commission unnecessary the President is authorized by Executive order to discontinue the Isthmian Canal Commission, which, together with the present organization, shall then cease to exist; and the President is authorized thereafter to complete, govern, and operate the Panama Canal and govern the Canal Zone, or cause them to be completed, governed, and operated, through a governor of the Panama Canal and such other persons as he may deem competent to discharge the various duties connected with the completion, care, maintenance, sanitation, operation, government, and protection of the canal and Canal Zone. Sec. 4, act of Aug. 24, 1912 (37 Stat. 561); 48 U. S. C. 1305. * This section was omitted from the original text of the Military Laws. 2126. Canal Zone; control in time of war. By Executive Order No. 8232, September 5, 1939, under authority of this section, the President ordered that the officer of the Army commanding the United States troops stationed in the Canal Zone shall, until otherwise ordered, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone. By Proclamation No. 2350, September 5, 1939, the application of the neutrality proclamation of September 5, 1939, No. 2348, to the Canal Zone was modified in certain respects. By Executive Order No. 8234, September 5, 1939, as amended by Executive Order No. 8382, March 25, 1940, the President prescribed regulations governing the passage and control of vessels through the Panama Canal in any war in which the United States is neutral. Executive Order No. 8715, March 18, 1941, amends Chapter XIII of Executive Order No. 4314, September 25, 1925, which promulgated rules governing navigation of the Panama Canal and adjacent waters. 2127. Canal Zone; ferry and highway. By act of July 20, 1939 (53 Stat. 1071), $1,500,000 was authorized to be appropriated for construction of a highway in the Republic of Panama, in cooperation with that Government. This amount was appropriated by the Third Deficiency Appropriation Act of August 9, 1939 (53 Stat. 1327). An additional appropriation is made by the Third Supplemental National Defense Appropriation Act of December 17, 1911 (55 Stat. 812). The Second Deficiency Act of June 27, 1940 (54 Stat. 656) provides for the construction of a Trans-Isthmian Highway, in accordance with the convention of March 2, 1936, between the United States and the Republic of Panama. 2128a. Canal Zone; enlargement of Panama Canal.-That the improvement and enlargement of the capacity of the Panama Canal in the interests of defense and interoceanic commerce is hereby authorized to be prosecuted by the Governor of the Panama Canal under the supervision of the Secretary of War, substantially in accordance with the plans set forth and recommended in the report of the Governor of the Panama Canal, dated February 24, 1939, and published as House Document Numbered 210 and including such appurtenant structures, works, and facilities, and enlargements or improvements of existing channels, structures, works, and facilities as may be deemed necessary at a total cost not to exceed $277,000,000, which is hereby authorized to be appropriated for the purpose: Provided, however, That all new personnel in such construction work occupying skilled, technical, clerical, administrative, and supervisory positions shall be citizens of the United States: Provided further, That the initial appropriation for the fiscal year 1940 shall not exceed $15,000,000. For the purposes aforesaid, the Governor of the Panama Canal is authorized (a) to employ such persons as he may deem necessary and to fix their compensation: Provided, That the compensation of such persons shall not be lower than the compensation paid for the same or similar services to other employees of the Panama Canal: Provided further, That rates of compensation in excess of those authorized by law for other employees of the Panama Canal shall not be paid without the approval of the Secretary of War: And provided further, That the Governor of the Panama Canal with the approval of the Secretary of War is authorized to engage under agreement when deemed necessary expert assistance in the various arts and sciences upon terms and rates of compensation for services and incidental expenses in excess of the maximum compensation provided by law for employees of the Panama Canal; (b) to authorize the making of contracts without the advertisement hereinafter prescribed, with 646631°-45-35 |