2096. Typewriters; exchange. That the executive departments and other Government establishments and all branches of the public service may hereafter exchange typewriters, adding machines, and other similar labor-saving devices in part payment for new machines used for the same purpose as those proposed to be exchanged * Sec. 5, act of Mar. 4, 1915 (38 Stat, 1161); 41 U. S. C. 26. * Provided further, That hereafter the Signal Corps may exchange typewriters and adding machines in the purchase of similar equipment. Sec. 1, act of Mar. 4, 1915 (38 Stat. 1064); 10 U. S. C. 1273. 2097. Typewriters; repairs.-Repairs to typewriting machines (except bookkeeping and billing machines) in the Government service in the District of Columbia may be made at cost by the General Supply Committee [Procurement Division], payment therefor to be effected by transfer and counterwarrant, charging the proper appropriation and crediting the appropriation "Salaries and expenses, General Supply Committee” [Branch of Supply, Procurement Division]. Title I, act of Dec. 20, 1928 (45 Stat. 1031), making appropriations for the Treasury Department; 40 U. S. C. 313. The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, Nov. 12, 1929, p. 331) that this section, based on Treasury Department Appropriation Act of December 20, 1928, Title I (45 Stat. 1031), and subsequent appropriation acts, 40 U. S. C. 313, be omitted as temporary. 2098. Uniform; sale to officers and cadets.-That hereafter uniforms, accouterments, and equipment shall, upon the request of any officer of the Army or cadet at the Military Academy, be furnished by the Government at cost, subject to such restrictions and regulations as the Secretary of War may prescribe. Sec. 9, act of Aug. 31, 1918 (40 Stat. 957); 10 U. S. C. 904, 1106. The title of the act of Aug. 31, 1918, declares it to be generally amendatory of the act of May 18, 1917 (40 Stat. 76). 2099. Uniform; sale to National Guard officers.- * * ** Provided, That section 9 of an Act amending the Act entitled "An Act to authorize the President to increase temporarily the Military Establishment of the United States," approved May 18, 1917, approved August 31, 1918, shall also apply to the purchase of uniforms, accouterments, and equipment for cash by officers of the National Guard and National Guard Reserve, whether in State or Federal service, on proper identification and under such rules and regulations as the Secretary of War may prescribe. Sec. 109, act of June 3, 1916 (39 Stat. 209); sec. 47, act of June 4, 1920 (41 Stat. 784); sec. 3, act of June 3, 1924 (43 Stat. 364); 32 U. S. C. 156. The text of this section as published in the 1929 Edition, based on section 10, act of September 7, 1916 (39 Stat. 731); 46 U. S. C. 809, was expressly repealed by section 903, act of June 29, 1936 (49 Stat. 2016). 2100. Uniform; sale to discharged soldiers.-That under such regulations as the Secretary of War and the Secretary of the Navy may prescribe for their respective departments, exterior articles of uniform may be sold to former members of the military or naval service who have been separated therefrom under honorable conditions: Provided, That nothing in this Act shall be construed as modifying in any way the provisions of section 125 of the Act approved June 3, 1916 (Thirty-ninth Statutes at Large, page 216), entitled "An Act making further and more effectual provisions for the national defense, and for other purposes," as amended by section 8 of the Act approved June 4, 1920 (Forty-first Statutes at Large, page 836). Any money realized from the sale of articles of uniform under this Act shall be covered into the Treasury to the credit of the appro priation out of which such articles were purchased. Act of Feb. 14, 1927 (44 Stat. 1096); 10 U. 8. C. 1395. 2101. Vehicles; storage. The Quartermaster General of the Army shall provide suitable accommodations for the horses, carriages, and other vehicles of the President and of the Executive Office in the stables maintained in the District of Columbia by and for the use of his department. Sec. 1, act of Mar. 4, 1911 (36 Stat. 1404); 3 U. S. C. 47. The text of this section as published in the 1929 Edition, based on section 6, act of September 7, 1916 (39 Stat. 730); 46 U. S. C. 806, was specifically repealed by section 903, Merchant Marine Act of June 29, 1936 (49 Stat. 2016). 2102. War supplies; sale under act of July 9, 1918.—That the President be, and he hereby is, authorized, through the head of any executive department, to sell, upon such terms as the head of such department shall deem expedient, to any person, partnership, association, corporation, or any other department of the Government, or to any foreign State or Government, engaged in war against any Government with which the United States is at war, any war supplies, material and equipment, and any by-products thereof, *. * which, during the present emergency, may have or may hereafter be purchased, acquired, or manufactured by the United States: Provided further, That sales of guns and ammunition made under the authority contained in this or any other Act shall be limited to sales to other departments of the Government and to foreign States or Governments engaged in war against any Government with which the United States is at war, and to members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice: *. Ch. 1, act of July 9, 1918 (40 Stat. 850); 40 U. S. C. 314. Chapter I, act of July 9, 1918 (40 Stat. 850), 40 U. S. C. 314, should be retained in the United States Code until the property covered by it has been disposed of (J. A. G. 010.3, Feb. 14, 1931, p. 5). Notes of Decisions In general. The power of the Secretary of War includes power to find a purchaser, to agree on price to be paid, to accept part of that price, and to obligate Government by contract binding on it and party dealt with, to transfer possession of and title to subject of contract on payment of balance of agreed price. The Secretary has no power to agree to a reduction of price after the contract is made, the Government is not bound by his attempt so to do, and the purchaser is charged with notice of the limitations on his powers. American Sales Corp. v. U. S. (C. C. A., 1929), 32 F. (2d) 141, affirming (D. C., 1928), 27 F. (2d) 389; certiorari denied (1929), 280 U. S. 574. Local board of sale control, created by War Department in connection with sale of surplus war material, held authorized to settle disputes arising out of sale contracts. U. S. v. Koplin (D. C., 1928), 24 F. (2d) 840. Settlement by local board of sales control of dispute arising out of it held to be valid and when acted on to bind the United States and to be beyond revocation by board in absence of fraud or mistake. U. S. v. West Point Grocery Co. (D. C., 1929), 30 F. (2d) 941. As to discretion of Secretary of War to allow refund under Act of July 11, 1919, to sell surplus materials, "upon such terms as may be deemed best," see American Stores Co. v. U. S. (1929), 68 Ct. Cl. 128. Sale "as is."-Purchaser of goods "as is" cannot recover because some of goods were damaged and of less value than he anticipated. Panama v. U. S. (1927), 63 Ct. Cl. 283. Plaintiff buying saddles "as is" in sale of surplus supply cannot recover because supplies were defective or deteriorated. Brody v. U. S. (1928), 64 Ct. Cl. 538. One purchasing supplies "as is" from Government held entitled to recover for shortage. Id. Where under the terms of sale by the Gorernment of surplus supplies by auction, contained in an advertising catalogue, the property is sold by lot, "as is' and 'where is', without warranty or guaranty as to quality, character, condition, size, weight, or kind,” prospective bidders are expressly offered an opportunity to examine the property on sale, and failure to inspect "will not be considered as ground for any claim for adjustment or rescission," there is no implied warranty that the description given in the catalogue is correct, and the successful bidder cannot maintain suit for breach of implied warranty because the property received does not fully answer to the description given. S. Snyder Corp. v. U. S. (1930), 68 Ct. Cl. 667. (1) Where a specific condition of sale of surplus Government supplies is that the sale is "as is" and "where is," without warranty or guaranty as to character or condition, the successful bidder cannot recover on the grounds of inferior quality, the proof being that what he received was from the specific lot inspected and bid on by him. (2) Where he refused to take the balance of the lot, delivery of which the defendant was ready and able to make, he cannot recover for the shortage. Yankee Export & Trading Co. v. U. S. (1931), 72 Ct. Cl. 258. to be made over a period of five years, and the Government subsequently, during such period, withdrew and made other disposition of a large quantity of such shoes, it constituted a breach of the contract by the Government which entitled the plaintiff to terminate the contract and to recover for the damage sustained by it as a result of the breach and termination of the contract, the measure of such damage being the difference between the contract price and the fair and reasonable market value of the shoes remaining undelivered at the time of the termination of the contract. Georgia Wholesale Co. v. U. S. (1936), 84 Ct. Cl. 150. Cancellation of award.-Secretary of War selling supplies may authorize cancellation of sale for discrepancy in identity of goods. Levy v. U. S. (1927), 63 Ct. Cl. 126. 1 Where sale authorized by statute upon such Upon cancellation by Secretary of War of terms as may be deemed best by the Secre- sale of supplies, purchaser held entitled to tary of War, and the Secretary authorized | reimbursement of purchase price on portion the sale only "as is," there was no warranty of quality, nor had the surplus-property offcers authority to sell on any other terms. The sale being "as is," and there being no warranty of quality, there was no breach by the Government on account of the quality of the goods sold. General Textile Corp. v. U. S. (1932), 76 Ct. Cl. 442. Where a sale of surplus Government supplies was made by the Navy Department under the terms of an advertisement that the property would be sold "as is and if is," without recourse, or warranty as to quantity, quality, condition, or description, bidders to make their own inspection or investigation on these points, that no statements or representations by any representative of the Navy as to the property were authorized by or were to be binding upon the Navy, and that the sale was "not a sale by sample"; held, that the Government was not liable for loss sustained by the purchaser because the quality and condition of the supplies purchased were inferior to those of portions of them on display at the time of the sale and which were stated by the officers conducting the sale to be fair representations of the property advertised. Sachs Mercantile Co. v. U. S. (1934), 78 Ct. Cl. 801. Breach by Government.-Where an agreement between the plaintiff and a duly authorized officer of the Emergency Fleet Corporation for sale to plaintiff of surplus property of the corporation was arbitrarily and capriciously set aside by the president of the corporation and the property resold by him, his action constituted a breach of contract for which the plaintiff is entitled to recover damages against the Government. Briggs & Turivas v. U. S. (1936), 83 Ct. CL 664. Where the Government contracted for sale to the plaintiff of all surplus unused trench shoes belonging to it, delivery and payment of articles returned. Id. Contract price. An offer by the Government for sale of surplus supplies at fixed prices during a definite and limited period cannot be construed as an assurance that the Government would maintain such prices in subsequent offers and sales of the same kinds of property. Frank et al., Admrs., v. U. S. (1934), 79 Ct. Cl. 516. Default by purchaser.-Upon the failure of the purchaser of Government property to take and pay for the property, the Government had a choice of three methods to indemnify itself: (1) It could store and retain the goods for the purchaser, and sue him for the entire purchase price; (2) it could resell the goods, acting as agent for the purchaser, and recover the difference between the contract price and the amount obtained on such resale; or (3) it could keep the goods as its own property and recover the difference between the market price at the time and place of delivery and the contract price. Frank et al., Admrs., v. U. S. (1934), 79 Ct. CI. 516, Embargo on exports.-Where in a sale of surplus Government property there was no representation or guarantee by the Government that the property was exportable, nor obligation on its part to deliver the property for exportation to a foreign country, the sale was not void because of there being an embargo by the Government on such exportation. Frank et al., Admrs., v. U. S. (1934), 79 Ct. Cl. 516. Goods not as advertised.-Purchaser waives breach and is estopped from claiming rescission from damaged goods where he resold goods after request for allowance was refused. Panama v. U. S. (1927), 63 Ct. Cl. 283. The notice of a public auction of surplus war supplies states that where the actual quantities to be sold and available for de livery are less than the quantities stated in | U. S. v. West Point Grocery Co. (D. C., 1929), said notice, the discrepancy "will not invali- 30 F. (2d) 941. date a sale or be considered as the basis for a claim," and that the purchaser "will be required to pay on the basis of the purchase price for what he actually receives." Held, that a successful bidder who bids for the quantities catalogued, pays accordingly, and actually receives less, is entitled to be reimbursed the purchase price of the shortage. W. Shanhouse Sons v. U. S. (1926), 61 Ct. Cl. 840. A purchaser of Government supplies, having accepted a refund of the full purchase price from the United States on account of the damaged condition of the goods delivered, has elected to rescind the contract and may not thereafter sue as for breach. Platt v. U. S. (1925), 61 Ct. Cl. 196; certiorari denied (1926), 271 U. S. 684. Modification. Where the Secretary of War was authorized by the statutes to sell surplus supplies under his control upon such terms as might be deemed best, he had authority, whether acting by himself, or by others duly authorized and acting under and for him, to make such adjustments in sales of such supplies as were justified in the interest of fair dealing. Georgia Wholesale Co. v. U. S. (1936), 84 Ct. Cl. 150. Right of Government to withdraw.— Where the advertisement of surplus Government property for sale by the Navy reserved the right to withdraw from sale "whole lots or any portion thereof, as may be deemed advantageous to the Navy," the exercise of this reserved right did not constitute a breach of contract or bad faith by the Government. Where supplies were sold as "unused" pur- Sachs Mercantile Co. v. U. S. (1934), 78 Ct. chaser is not bound to accept second hand. Cl. 801. Provided fur 2103. War supplies; sale under act of July 11, 1919.—* ther, That in addition to the delivery of the property heretofore authorized to be delivered to the Public Health Service, the Department of Agriculture, and the Post Office Department of the Government, the Secretary of War be, and he is hereby, authorized to sell any surplus supplies including motor trucks and automobiles now owned by and in the possession of the Government for the use of the War Department to any State or municipal subdivision thereof, or to any corporation or individual upon such terms as may be deemed best. Act of July 11, 1919 (41 Stat. 105); 10 U. S. C. 1265. 2103a. Surplus supplies; sale to States and foreign governments.Provided further, That the Secretary of War be, and he is hereby, authorized in his discretion, to sell to any State or foreign Government with which the United States is at peace at the time of the passage of this Act, upon such terms as he may deem expedient, any material, supplies, or equipment pertaining to the Military Establishment, except foodstuffs, as, or may hereafter be found to be surplus, which are not needed for military purposes and for which there is no adequate domestic market: Act of June 5, 1920 (41 Stat. 949); 10 U. S. C. 1262. 2104. Government radio stations; regulation. (a) Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. (b) Radio stations on board vessels of the United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this title. (c) All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. Sec. 305, Title III, act of June 19, 1934 (48 Stat. 1083); 47 U. S. C. 305. 1 By Executive Order No. 7135, August 9, 1935, a tract of 227 acres of land near Juneau, Alaska, was reserved for use by the War Department as a site for a radio station. Exchange of this land for private land was authorized by act of April 25, 1938 (52 Stat. 221). Pursuant to this section frequencies were assigned to Government radio stations by Executive Order No. 7251, December 19, 1935. 2105. Services by War Department; aerial photography. During the fiscal year 1932, upon the request of the Secretary of the Interior, the Secretary of War or the Secretary of the Navy is authorized to furnish aerial photographs required for mapping projects, insofar as the furnishing of such photographs will be economical to the Federal Government and does not conflict with military or naval operations or the other parts of the regular training program of the Army, Navy, and Marine Corps flying services, and the Secretary of the Interior is authorized to reimburse the War or Navy Department for the cost of making the photographs, such cost to be confined to the actual cost of gasoline, oil, film, paper, chemicals, and the labor performed in developing the photographic negatives and the printing of copies of photographs, and the per diem expenses of the personnel authorized by law, together with such incidental expenses as care and minor repairs to plane and transportation of personnel to and from projects, and the War Department or the Navy Department, on the request of the Department of the Interior, is authorized to furnish copies to any State, county, or municipal agency cooperating with the Federal Government in the mapping project for which the photographs were taken. In the event that the Director of the Geological Survey deems it advantageous to the Government, the Geological Survey is authorized to contract with civilian aerial photographic concerns for the furnishing of such photographs; *. Sec. 1, act of Feb. 14, 1931 (46 Stat. 1148), making appropriations for the Interior Department. The original text of this provision, based on section 1, act of March 4, 1929 (45 Stat. 1595), making appropriations for the Interior Department, was superseded by the above, which has been repeated in subsequent appropriation acts. 2106. Services by War Department; Army transports.-' when, in the opinion of the Secretary of War, accommodations are available, transportation may be provided for the officers, enlisted men, employees, and supplies of the Navy, the Marine Corps, and for members and employees of the Philippine and Hawaiian governments, officers of the War Department, Members of Congress, other officers of the Government while traveling on official business, and without expense to the United States, for the families of those persons herein authorized to be transported, and when accommodations are available, transportation may be provided for general passengers to the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War: Act of Mar. 2, 1907 (34 Stat. 1170); 10 U. S. C. 1371.. * * * Provided, That hereafter when, in the opinion of the Secretary of War, accommodations are available, transportation on vessels of the Army Transport Service may be furnished the officers, employees, and enlisted men of the Revenue Cutter Service, and their families, without expense to the United States, and also secretaries and supplies of the Army and Navy department of the, Young Men's Christian Association: Act of Mar. 3, 1911 (36 Stat. 1051); 10 U. S. C. 1370, * * Provided further, That hereafter when there is cargo space available without displacing military supplies, transportation may be provided for |