*

Provided, That whenever in the opinion of the Secretary of War a sufficient number of Infantry equipment, model of nineteen hundred and ten, shall have been procured and shall be available for the purpose the Secretary of War is hereby authorized to issue on the requisition of the governors of the Several States and Territories or the commanding general of the District of Columbia National Guard, such numbers thereof as are required for equipping the National Guard in said States, Territories, and the District of Columbia, without charging the cost or value thereof or any expenses connected therewith, against any allotment to said States, Territories, or the District of Columbia, provided that the equipment thus issued shall be receipted for and shall remain the property of the United States and be annually accounted for in the manner prescribed by the Act of June third, nineteen hundred and sixteen, and that each State, Territory, and the District of Columbią shall, upon receipt of new equipment, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor and without expense for transportation of Infantry equipment now in its possession, the property of the United States, and replaced by articles of the model of nineteen hundred and ten equipment, Act of May 12, 1917 (40 Stat, 68); 32 U. S. C. 38.

This provision is similar to that contained in the act of Aug. 29, 1916 (39 Stat. 647). except where the words "in the manner prescribed by the act of June third, nineteen hundred and sixteen" are here used, the words "by the governors of the several States, Territories, and commanding general of the District of Columbia National Guard as now required by law" are there used.

2083. Ordnance and ordnance stores; sale to Navy, Marine Corps, and Coast Guard officers.--Articles of ordnance property may be sold by the Chief of Ordnance to officers of the Navy and Marine Corps and Coast Guard, for their use in the public service, in the same manner as these articles are now sold to officers of the Army. Act of Mar. 3, 1909 (35 Stat, 751) ; act of Apr. 15, 1937 (50 Stat. 65); 34 U. S. C. 540; 50 U. S. C. 70.

2084. Ordnance and ordnance stores; sale to patriotic organizations.-That the Chief of Ordnance is hereby authorized to sell without advertisement to patriotic organizations for military purposes surplus obsolete small arms and their equipments and ammunition at such prices as he may deem reasonable and just: Provided, That hereafter obsolete small arms and their equipment and ammunition shall not be disposed of to such organizations except as provided for in this Act. Sec. 14, act of May 28, 1908 (35 Stat. 443); 50 U. S. C. 64.

2085. Ordnance and ordnance stores; issue or sale to rifle clubs.-Hereafter the Secretary of War shall, within the limits of appropriations made from time to time by Congress and in accordance with reasonable rules and regulations approved by him upon the recommendation of the National Board for the Promotion of Rifle Practice, authorize and provide for *

(c) Promotion of practice in the use of rifled arms, the maintenance and management of matches or competitions in the use of such arms, and the issuance in connection therewith of the necessary arms, ammunition, targets, and other necessary supplies and appliances, and the award to competitors of trophies, prizes, badges, and other insignia:

(d) Sale to members of the National Rifle Association, at cost to the Government, and issue to clubs organized for practice with rifled arms, under the direction of the National Board for the Promotion of Rifle Practice, of arms, ammunition, targets, and other supplies and appliances necessary for target practice: Act of June 7, 1924 (43 Stat. 510); 32 U. S. C. 181.

**

*

2086. Ordnance and ordnance stores; issue or sale to soldiers' homes.-That the Secretary of War * is authorized and directed, subject to such

*

regulation as he may prescribe, to deliver to any of the "National Homes for Disabled Volunteer Soldiers" already established or hereafter established and to any of the State Homes for soldiers and sailors or either now or hereafter duly established and maintained under State authority, such obsolete serviceable cannon, bronze or iron, suitable for firing salutes, as may be on hand undisposed of, not exceeding two to any one Home. Act of Feb. 8, 1889 (25 Stat. 657); 24 U. S. C. 83.

* Provided, That hereafter the Chief of Ordnance is authorized to issue such obsolete or condemned ordnance, gun carriages, and ordnance stores as may be needed for ornamental purposes to the homes for disabled volunteer soldiers, the homes to pay for transportation out of any appropriation for current expenses. Act of May 26, 1900 (31 Stat. 216); 24 U. S. C. 83.

That the Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to the United States, such obsolete ordnance and ordnance stores as may be available to * State soldiers and sailors' orphans' homes, for purposes

of drill and instruction.
And the Secretary of War shall require from such

homes a bond

in each case in double the value of the property issued, for the care and safekeeping thereof and for the return of the same to the United States when required: Act of June 30, 1906 (34 Stat. 817); 50 U. S. C. 62a. Sales of articles of ordnance property are authorized to State soldiers' and sailors' orphans' homes for maintaining the ordnance and ordnance stores issued to them. Act of May 11, 1908 (35 Stat. 125); 50 U. S. C. 63.

*

2087. Ordnance and ordnance stores; issue to soldiers' monument associations, etc. That the Secretary of War and the Secretary of the Navy are each hereby authorized in their discretion, to loan or give to soldiers' monument associations, posts of the Grand Army of the Republic, posts of the American Legion, and other recognized war veteran associations, State museums, and municipal corporations, condemned or obsolete ordnance, guns, projectiles, and other condemned or obsolete material which may not be needed in the service of either of said departments.

Such loan or gift shall be made subject to rules and regulations covering the same in each department, and the Government shall be at no expense in connection with any such loan or gift. Act of May 22, 1896 (29 Stat. 133); act of May 26, 1928 (45 Stat. 773); 50 U. S. C. 67; 34 U. S. C. 546.

This paragraph was not affected by the act of February 28, 1933 (47 Stat. 1370), amending 34 U. S. C. 546 (J. A. G. 400.332, May 31, 1933).

2088. Ordnance and ordnance stores; loan to veterans' organizations. That the Secretary of War is hereby authorized, under rules, limitations, and regulations to be prescribed by him, to loan obsolete or condemned Army rifles, slings, and cartridge belts to posts or camps of organizations composed of honorably discharged soldiers, sailors, or marines, for use by them in connection with the funeral ceremonies of deceased soldiers, sailors, and marines, and for other post ceremonial purposes; and to sell such posts and camps blank ammunition in suitable amounts for said rifles at cost price, plus cost of packing and transportation: Provided, however, That not to exceed ten such rifles shall be issued to any one post or camp. Act of Feb. 10, 1920 (41 Stat. 403); act of June 5, 1920 (41 Stat. 977) ; 50 U. S. C. 62.

Provisions for the delivery to certain named posts of the Grand Army of the Republic, cities, towns, villages, public schools, National Guard armories, and United Spanish War Veteran camps of condemned cannon and cannon balls are contained in act of Sept. 8, 1916 (39 Stat. 843), with the proviso that no expense shall be incurred by the United States

through such delivery, and that such cannon balls shall be subject at all times to the orders of the Secretary of War. A similar law was enacted Mar, 4, 1915 (38 Stat. 1212). 2089. Same; relief of posts from liability. That the Secretary of War is nereby authorized, at his discretion, in proper cases to relieve posts or camps of organizations composed of honorably discharged soldiers, sailors, or marines, and sureties on bonds, from liability on account of the loss or destruction of obsolete or condemned Army rifles, slings, and cartridge belts loaned by the Secretary of War under authority of the Act approved June 5, 1920 (Forty-first Statutes, pages 976-977), when there is conclusive evidence that the loss has not occurred through negligence. Pub. res. of Dec. 15, 1926 (44 Stat. 922); 50 U. S. C. 62b.

The Secretary of War is authorized and directed to give to each post or camp of organizations composed of honorably discharged soldiers, sailors, or marines to which obsolete or condemned Army rifles, slings, or cartridge belts have been loaned under authority of the act entitled "An Act authorizing the Secretary of War to loan Army rifles to posts of the American Legion," approved February 10, 1920, as amended, any such equipment now held by such post or camp, and to cancel and release all obligations to the United States incurred pursuant to such act in connection with loans of such equipment to posts or camps or organizations composed of honorably discharged soldiers, sailors, or marines. Act of May 29, 1934 (48 Stat. 815); act of Aug. 30, 1935 (49 Stat. 1013); 50 U. S. C. 62c.

This paragraph was not affected by the act of February 28, 1933 (47 Stat. 1370), amending 34 U. S. C. 546 (J. A. G. 400.332, May 31, 1933).

By Executive Order No. 6166 of June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended, the National Screw Thread Commission was abolished and its records and property transferred to the Department of Commerce.

The text of this section as published in the 1929 Edition, based on act of July 18, 1918 (40 Stat. 912), as amended; 15 U. S. C. 208a, et seq., is accordingly omitted.

Notes of Decisions

This section covers all obligations arising | and their sureties existing prior to its pasby reason of the failure or inability to return sage that have resulted from loss of propproperty because of loss thereof, and has erty covered by bonds of such posts. (1934) the effect of releasing and cancelling all 38 Op. Atty. Gen. 25. claims against posts of the American Legion |

2090. Ordnance and ordnance stores; transfer to departments.-That upon the request of the head of any department or independent agency of the Government, the Secretary of War be, and he is hereby, authorized to issue arms, suitable accouterments for use therewith, and ammunition whenever they may be required for the protection of the public money and property, and they may be delivered to any officer of the department or independent agency designated by the head of such department or independent agency, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired: Provided, however, That hereafter the cost of all ammunition issued, the cost of replacing borrowed arms and accouterments which are lost or destroyed or are irreparable, the cost of repairing arms and accouterments returned to the War Department, and the cost to the War Department of making and receiving shipments under the authority of this Act shall be covered by transfer of funds from the department or independent agency concerned to the credit of War Department funds. Sec. 1, act of Mar. 3, 1879 (20 Stat. 412); act of April 14, 1937 (50 Stat. 63); 50 U. S. C. 61.

Whenever the Ordnance Department, under existing regulations, procures stores for other executive departments or bureaus, including the Philippine Govern

ment, its appropriations shall be applicable to defray the necessary expenses in connection with the procurement, subject to reimbursement from time to time, or on completion of the work, from the department or bureau for which the stores were procured. Act of June 12, 1906 (34 Stat. 258); 31 U. S. C. 660.

* Provided, That hereafter when authorized transfers or sales of ordnance or ordnance stores are made to another bureau of the War Department, or to another executive department of the Government, payment therefor shall be made by the proper disbursing officer of the bureau, office, or department concerned. When the transaction is between two bureaus of the War Department, the price to be charged shall be the cost price of the stores, including the cost of inspection. When the transaction is between the Ordnance Department and another executive department of the Government, the price to be charged shall include the cost price of the stores and the costs of inspection and transportation. Sec. 1, act of Aug. 24, 1912 (37 Stat. 589); 50 U. S. C. 75.

Purchase of arms and ammunition by the Department of Agriculture was authorized by the Department of Agriculture appropriation act of June 4, 1936, Title I (49 Stat. 1422), when same cannot be advantageously supplied under the first paragraph of this section.

The text of this section as published in the 1929 Edition, based on Title III, Department of Commerce appropriation act of January 25, 1929 (45 Stat. 1123), is not repeated in the corresponding act for the fiscal year 1936 or thereafter.

2091. Tents; loan to veterans' organizations.-That hereafter no loan of tents shall be made except to the Grand Army of the Republic, the United Confederate Veterans, the United Spanish War Veterans, and to recognized organizations of veterans of the late World War by whatever name they may be known. Pub. res. of Mar. 2, 1913 (37 Stat. 1025); pub. res. of July 26, 1919 (41 Stat. 272); 10 U. S. C. 1252.

By special act the Secretary of War has in several recent instances been authorized to loan, under bond, Army cots, etc., to such organizations as are mentioned in the text. See, for example, acts of Oct. 12, 1921 (41 Stat. 203); June 17, 1922 (42 Stat. 652); and July 8, 1922 (42 Stat. 826); and joint resolutions of Apr. 5, 1926 (44 Stat, 236), and May 22, 1926 (44 Stat. 627).

The Secretary of War was authorized by acts of Apr. 25, 1932 (47 Stat. 139), May 25, 1934 (48 Stat. 803), and May 20, 1936 (49 Stat. 1368), to loan, under bond, tents, field ranges, bake ovens, cots, and bedding to the United Confederate Veterans for an encampment; and by acts of June 11, 1932 (47 Stat. 198), June 19, 1934 (48 Stat. 1124), and June 20, 1936 (49 Stat. 1540), cots and bedding to the American Legion for a national convention.

By public resolutions of Jan. 31, 1933 (47 Stat. 794), and June 22, 1936 (49 Stat. 1824), the Secretary of War was authorized to loan tents, camp appliances, flags, etc., to the Committee on Inaugural Ceremonies for use on the occasion of the inauguration of the President in March 1933 and January 1937, respectively.

By public resolution of February 28, 1935 (49 Stat. 35), the Secretary of War was authorized to loan to the Washington, D. C., 1935 Shrine Committee, Incorporated, for use in connection with the sixty-first annual session of the Imperial Council Ancient and Arabic Order of the Nobles of the Mystic Shrine, such tents, camp appliances, motor equipment, utensils, furniture, ambulances, ensigns, flags, and decorations as could be spared without detriment to the public service.

A similar authorization in connection with the Encampment of the Grand Army of the Republic to be held in Washington in September 1936 is contained in public resolution of July 18, 1935 (49 Stat. 482), as amended by public resolution of June 5, 1986 (49 Stat. 1485) and in connection with the annual session of the Improved, Benevolent, and Protective Order of Elks of the World, to be held in Washington in August 1935 by public resolution of August 17, 1935 (49 Stat. 656).

Loans of tents and camp equipment to the American Legion 1935 Convention, to be held in St. Louis, was authorized by act of August 5, 1935 (49 Stat. 534); to the Veterans of Foreign Wars 1935 Encampment, to be held at New Orleans, by act of August 5, 1935 (49 Stat. 536); and to the United Confederate Veterans Encampment, to be held at Amarillo, Texas, by act of August 22, 1935 (49 Stat. 683).

By act of March 18, 1936 (49 Stat. 1165), heads of departments were authorized to lend to the Boy Scouts of America, for use at the National Jamboree to be held at Washington in 1937, tents, cots, blankets, and other articles of camp equipage, and to grant permits for the use of parks and reservations under their control. Persons attending the Jamboree from foreign countries were exempted from the usual immigration fees by public resolution of June 17, 1935 (49 Stat. 387), as amended by public resolution of March 18, 1936 (49 Stat. 1167).

By act of April 17, 1937 (50 Stat. 68), the Secretary of War was authorized to loan tents and camp equipment to the National Council, Boy Scouts of America, for use at the World Jamboree, Boy Scouts, to be held in the Netherlands during July and August, 1937.

Loan of tents, cots, and blankets to the Veterans of Foreign Wars, for use at their national encampment to be held at Buffalo and Niagara Falls, New York, in September 1937, was authorized by act of May 15, 1937 (50 Stat. 168).

The act of June 15, 1938 (52 Stat. 693), authorizes the Secretary of War to loan tents, cots, and camp equipment to the Veterans of Foreign Wars, for use at their national encampment, to be held at Columbus, Ohio, in August 1938.

The loan of tents, cots, bedding, etc., to the United Confederate Veterans, for use in their encampment at Columbia, South Carolina, August 30, 1938, was authorized by act of June 25, 1938 (52 Stat. 1205).

2092. Timber; sale in general.

And the President is hereby author

ized through any department or the United States Shipping Board or said Fleet Corporation to sell any logs, manufactured or partly manufactured or otherwise procured for the Army, Navy, or United States Shipping Board Emergency Fleet Corporation, or resulting from such manufacture or procurement, either to individuals, corporations, or foreign states or governments, at such price as he shall determine acting through his above representatives selling or disposing of the same, and the proceeds of such sale shall be returned to the appropriations which bore the expense of such procurement. Sec. 8, Ch. XV, act of July 9, 1918 (40 Stat. 888); 50 U. S. C. 172.

2093. Tobacco; sale to enlisted men.-Tobacco shall be furnished to the enlisted men by the commissaries of subsistences, at cost prices, exclusive of the cost of transportation, in such quantities as they may require, not exceeding sixteen ounces per month. R. S. 1149; 10 U. S. C. 1239.

..R. S. 1301 provides that amounts due from men for tobacco sold to them are to be deducted from their pay. See 1519, ante.

2094. Tractors; loan to States.-That the Secretary of War be, and he is hereby, authorized and empowered, at his discretion, and under such rules and regulations as he may prescribe, to loan to any State of the Union, when so requested by the highway department of the State, such tractors as are retained and not distributed under the Act approved March 15, 1920, for use in highway construction by the highway department of such State: Provided, That all expenses for repairs and upkeep to tractors so loaned and the expenses of loading and freight shall be paid by the State, both in transfer to the State and the return to the Army. Sec. 2, act of Mar. 1, 1921 (41 Stat. 1155); 23 U. S. C. 50. For act of May 15, 1920, supra, see 2073, ante.

The text of this section as published in the 1929 Edition, based on Department of Commerce appropriation act of January 25, 1929 (45 Stat. 1123), has been superseded by 2005, ante.

2095. Typewriters; sale.-Hereafter no department or other Government establishment shall dispose of any typewriting machines by sale, exchange, or as part payment for another typewriter, that has been used less than three years. Sec. 7, act of June 5, 1920 (41 Stat. 947) ; 41 U. S. C. 27.

The first paragraph of the text of this section as published in the 1929 Edition, based on Title I. act of Dec. 20, 1928 (45 Stat. 1031), making appropriations for the Treasury Department, was not repeated in the corresponding act for the fiscal year 1933. For second paragraph, see 1990, ante.