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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. 8. 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. 8. O. 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 bereafter 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 (-13 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. O. 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. 8. C. 314.
Chapter 1, 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 As to discretion of Secretary of War to of War includes power to find a purchaser, to allow refund under Act of July 11, 1919, to agree on price to be paid, to accept part of sell surplus materials, “upon such terms as that price, and to obligate Government by may be deemed best," see American Stores contract binding on it and party dealt with, Co. v. U. S. (1929), 68 Ct. Cl. 128. to transfer possession of and title to subject Sale "as is." --Purchaser of goods "as is" of contract on payment of balance of agreed cannot recover because some of goods were price. The Secretary has no power to agree damaged and of less value than he anticito a reduction of price after the contract is pated. Panama v. U. S. (1927), 63 Ct. C1. made, the Government is not bound by his 283. attempt so to do, and the purchaser is Plaintiff buying saddles "as is" in sale of charged with notice of the limitations on his surplus supply cannot recover because suppowers. American Sales Corp. v. U. S. (C. C. plies were defective or deteriorated. Brody . A., 1929), 32 F. (20) 141, afirming (D. C., U. S. (1928), 64 Ct. Cl. 538. 1928), 27 F. (20) 389; certiorari denied One purchasing supplies "as is" from Gor(1929), 280 U. S. 574.
ernment held entitled to recover for shortage, Local board of sale control, created by Id. War Department in connection with sale of Where under the terms of sale by the Gore surplus war material, held authorized to set- ernment of surplus supplies by auction, contle disputes arising out of sale contracts. tained in an advertising catalogue, the propU. S. v. Koplin (D. C., 1928), 24 F. (20) 840. erty is sold by lot, "'as is' and 'where is',
Settlement by local board of sales control without warranty or guaranty as to quality, of dispute arising out of it held to be valid character, condition, size, weight, or kind," and when acted on to bind the United States / prospective bidders are expressly offered an and to be beyond revocation by board in ab- opportunity to examine the property on sale, sence of fraud or mistake. U. S. v. West and failure to inspect "will not be considered Point Grocery Co. (D. C., 1929), 30 F. (20) as ground for any claim for adjustinent or 941.
rescission," there is no implied warranty that
the description given in the catalogue is cor-, to be made over a period of five years, and rect, and the successful bidder cannot main. the Government subsequently, during such tain suit for breach of implied warranty period, withdrew and made other disposition because the property received does not fully of a large quantity of such shoes, it constianswer to the description given. S. Snyder tuted a breach of the contract by the GovCorp. v. U. S. (1930), 68 Ct. C1. 667.
ernment which entitled the plaintiff to ter(1) Where a specific condition of sale of minate the contract and to recover for the surplus Government supplies is that the sale damage sustained by it as a result of the is “as is” and “where is," without warranty breach and termination of the contract, the or guaranty as to character or condition, the measure of such damage being the difference successful bidder' cannot recover the between the contract price and the fair and grounds of inferior quality, the proof being reasonable market value of the shoes remainthat what he received was from the specific ing undelivered at the time of the terminalot inspected and bid on by him.
tion of the contract. Georgia Wholesale Co. (2) Where he refused to take the balance v. U. 8. (1936), 84 Ct. Cl. 150. of the lot, delivery of which the defendant Cancellation of award. Secretary of War was ready and able to make, he cannot re- selling supplies may authorize cancellation of cover for the shortage. Yankee Export & sale for discrepancy in identity of goods. Trading Co. v. U. S. (1931), 72 Ct. Cl. 258. Levy v. U. 8. (1927), 63 Ct. Cl. 126.
Where sale authorized by statute upon such Upon cancellation by Secretary of War of terins 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 articles returned. Id. of quality, nor had the surplus-property offi- Contract price.--An offer by the Govern. cers authority to sell on any other terms. ment for sale of surplus supplies at fixed
The sale being “as is," and there being no prices during a definite and limited period warranty of quality, there was no breach by cannot be construed as an assurance that the Government on account of the quality of the Government would maintain such prices the goods sold. General Textile Corp. v. U. S. in subsequent offers and sales of the same (1932), 76 Ct. Cl. 442.
kinds of property. Frank et al., Admrs., v. Where a sale of surplus Government sup- U.S. (1934), 79 Ct. CI. 516. plies was made by the Navy Department Default by purchaser. -Upon the failure under the terms of an advertisement that the of the purchaser of Government property to property would be sold "as is and if is,” | take and pay for the property, the Governwithout recourse, or warranty as to quantity, ment had a choice of three methods to inquality, condition, or description, bidders to demnify itself : (1) It could store and retain make their own inspection or investigation on the goods for the purchaser, and sue him for these points, that no statements or repre- the entire purchase price; (2) it could resell sentations by any representative of the Navy the goods, acting as agent for the purchaser, as to the property were authorized by or were and recover the difference between the conto be binding upon the Navy, and that the tract price and the amount obtained on such sale was "not a sale by sample" ; held, that resale; or (3) it could keep the goods as its the Government was not liable for loss sus- own property and recover the difference betained by the purchaser because the quality tween the market price at the time and place and condition of the supplies purchased were of delivery and the contract price. Frank inferior to those of portions of them on dis- et al., Admrs., v. U. S. (1934), 79 Ct. CI. play at the time of the sale and which were 516, stated by the officers conducting the sale to be Embargo on exports.- Where in a sale of fair representations of the property adver- surplus Government property there was no tised. Sachs Mercantile Co. v. U. S. (1934), representation or guarantee by the Govern78 Ct. Cl. 801.
ment that the property was exportable, nor Breach by Government.--Where an agree obligation on its part to deliver the property ment between the plaintiff and a duly au- for exportation to a foreign country, the sale thorized officer of the Emergency Fleet Cor- was not void because of there being an emporation for sale to plaintiff of surplus prop-bargo by the Government on such exportaerty of the corporation was arbitrarily and tion. Frank et al., Admrs., v. U. S. (1934), capriciously set aside by the president of 79 Ct. Cl. 516. the corporation and the property resold by Goods not as advertised.-Purchaser him, his action constituted a breach of con- waives breach and is estopped from claimtract for which the plaintiff is entitled to ing rescission from damaged goods where he recover damages against the Government. resold goods after request for allowance was Briggs & Turivas v. U. S. (1936), 83 ct. Cl. refused. Panama v. U. S. (1927), 63 Ct. Cl. 664.
283. Where the Government contracted for sale The notice of a public auction of surplus to the plaintiff of all surplus unused trench war supplies states that where the actual shoes belonging to it, delivery and payment 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. (20) 941. date a sale or be considered as the basis for Modification. Where the Secretary of à claim," and that the purchaser "will be re- War was authorized by the statutes to sell quired to pay on the basis of the purchase surplus supplies under his control upon such price for what he actually receives." Held, terms as might be deemed best, he had authat a successful bidder who bids for the thority, whether acting by bimself, or by quantities catalogued, pays accordingly, and others duly authorized and acting under and actually receives less, is entitled to be reim for him, to make such adjustments in sales bursed the purchase price of the shortage. w. of such supplies as were justified in the inShanbouse Sons v. U. S. (1926), 61 Ct. Cl. terest of fair dealing. Georgia Wholesale 840.
Co. v. U. S. (1936), 84 Ct, Cl. 150. A purchaser of Government supplies, bav. Right of Government to withdraw,ing accepteď a refund of the full purchase where the advertisement of surplus Governprice from the United States on account of ment property for sale by the Navy reserved the damaged condition of the goods deliv. the right to withdraw from sale "whole lots ered, has elected to rescind the contract and or any portion thereof, as may be deemed may not thereafter sue as for breach. Platt advantageous to the Navy," the exercise of V. U. S. (1925), 61 Ct. Cl. 196; certiorari this reserved right did not constitute a breach denied (1926), 271 U, S. 684.
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. I cl. 801. 2103. War supplies; sale under act of July 11, 1919.
Provided further, 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 NII, act of June 19, 1934 (48 Stat. 1083); 47 U. 8. C. 305.
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, oflicers 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. 8. 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 Stot. 1051); 10 U.S. C. 1370,
* Provided further, That hereafter when there is cargo space avail. able without displacing military supplies, transportation may be provided for