merchandise of American production consigned to residents and mercantile firms of the island of Guam, rates and regulations therefor to be prescribed by the Secretary of War: * # Act of Mar. 3, 1911 (36 Stat. 1051); 10

U. S. C. 1368.

*

* Provided further, That in the joint discretion of the Secretary of War and chairman of the Shipping Board, and when space is available, civilian passengers and shipments of commercial cargo may be transported on Army transports in the trans-Atlantic service, at such times as space is not available on commercial lines, at rates not less than those charged by commercial steamship companies between the same ports, for the same class of accommodations, the receipts from which shall be covered into the Treasury of the United States to the credit of miscellaneous receipts: * Act of June 5, 1920 (41 Stat.

960); 10 U. S. C. 1367.

And provided further, That hereafter when in the opinion of the Secretary of War accommodations are available, transportation on Army transports may be provided for the members and employees of the Puerto Rican government and their families on official business without expense to United States. *Sec. 1, act of June 30, 1921 (42 Stat. 81); 10 U. S. C. 1369.

The Revenue Cutter Service was merged with the Coast Guard by sec. 1, act of Jan. 28, 1915 (38 Stat. 800).

Executive Order No. 7521, December 21, 1936, directs the Secretary of War to cooperate with the Coast Guard in ice-breaking operations, and to permit the use of vessels under his control which may be suitable for this purpose.

Notes of Decisions

The right to contribution in general aver age accrues and becomes enforceable upon the arrival of the ship at port of destination and delivery of the cargo, even though the amount of the required contribution has not then been liquidated. Id.

Where the Government, being under legal obligation for transportation of an Army offi

General average.-A cargo, while being carried free on an Army transport, was damaged by water used to put out a fire. Insurers of the cargo having claimed contribution from the Government, and The Judge Advocate General having advised that the claim was valid, the officer of the Quartermaster Corps who was responsible for the operation of the vessel engaged a private firm to pre-cer's property on his change of station, and pare a general average statement for a reasonable compensation. Held, That the contract was authorized, even if the Government was not liable for general average, since that question was not free from doubt and the duty of preparing the statement lay on the officer and in discharging it he was entitled to have the assistance of general average adjusters. Johnson & Higgins of Calif. v. U. S. (1932), 287 U. S. 459; reversing (1932), 74| Ct. Cl. 331.

Where the Government carries private cargo on one of its Army transports constituting a part of its armed forces and used only as a public vessel, it is subject to the rule of general average, and this notwithstanding such cargo was being carried free of hire. Atlantic Mutual Ins. Co. v. U. S. (1934), 80 Ct. Cl. 11.

A claim of contribution in general average presented against the United States by suit in the Court of Claims filed more than six years after the claim first accrued, is barred by U. S. C., Title 28, sec. 262. U. S. v. At lantic Mutual Ins. Co. (1936), 298 U. S.

with full authority to determine the method and route of shipment, made the shipment, for the purpose of Government economy, partly by rail and partly by water instead of by the much shorter all-rail route, and without insurance or other protection against marine risk, it is liable to the officer for contribution in general average accruing against the property or officer as a result of marine loss incident to such shipment; and it is immaterial to the officer's right of recovery that such general average contribution has not yet been paid by him.

Where the Government, under its obligation for transportation of personal property of an Army officer on his change of station. ships the property partly by water, general average contribution accruing against the property or officer as a result of marine loss incident to such transportation may properly be considered a contingent part of the cost of the transportation, and of the Government's liability therefor. Hodges v. U. S. (1937), 84 Ct. Cl. 380.

2107. Army transports; inspection.-The President may detail, temporarily, three competent naval officers for the service of the War Department in the inspection of transport vessels, and for such other services as may be designated by the Secretary of War. R. S. 1437; 10 U. S. C. 1366; 34 U. S. O. 447.

2108. Army transports; sale.* and hereafter no steamship in the transport service of the United States shall be sold or disposed of without the consent of Congress having been first had or obtained; 1905 (33 Stat. 837); 10 U. S. C. 1372.

Act of Mar. 2,

The provision was repeated, in the language set forth here, in the appropriation acts for subsequent years, act of June 12, 1906 (34 Stat. 253), and act of Mar. 2, 1907 (34 Stat. 1170).

By act of Aug. 29, 1916 (39 Stat. 634), authority was granted the Secretary of War to sell or otherwise dispose of, in accordance with law and regulations, the United States Army transports Meade and Crook. Also by act of June 5, 1920 (41 Stat. 961), to dispose of the Sherman, Sheridan, Thomas, Logan, Buford, Kilpatrick, Crook, and Warren.

By Title I, deficiency appropriation act of July 1, 1932 (47 Stat. 540), the Secretary of War was authorized to sell the transport Merritt.

*

* Provided, That no

2109. Army transports; discontinuance of service.action looking to the discontinuance of the transport service shall be taken without further action of Congress. Act of Mar. 2, 1903 (32 Stat. 939); 10 U. S. C. 1373. 2110. Services by War Department; arsenals.—* And provided further, That the first and each succeeding alternate cruiser upon which work is undertaken, together with the main engines, armor, and armament for such eight cruisers, the construction and manufacture of which is authorized by this Act, shall be constructed or manufactured in the Government navy yards, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as are not customarily manufactured in such Government plants. Sec. 1, act of February 13, 1929 (45 Stat. 1165).

** Provided further, That the first and each succeeding alternate vessel of each category, except the fifteen-thousand-ton aircraft carrier, upon which work is undertaken, and the main engines, armor, and armament for such vessels, the construction and manufacture of which is authorized by this Act, shall be constructed or manufactured in the Government navy yards, naval stations, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as were not customarily manufactured in such Government plants prior to February 13, 1929: Provided further, That, if inconsistent with the public interests in any year to have a vessel or vessels constructed as required above, the President may have such vessel or vessels built in a Government or private yard as he may direct. Sec. 2, act of Mar. 27, 1934 (48 Stat. 504); 34 U. S. C. 495.

Not less than 50 per centum of the vessels herein authorized, allocated on an approximate tonnage basis, including such portions thereof as are customarily manufactured in Government plants, shall be constructed or manufactured in Government navy yards, naval stations, naval gun factories, naval ordnance plants, or arsenals of the United States: Provided, That the President may, however, should the public interests in his judgment so require, have the vessels built in Government or private yards notwithstanding the allocation otherwise imposed: Provided further, That the provisions of section 3 of the Act entitled "An Act to establish the composition of the United States Navy with respect to the categories of vessels limited by the treaties signed at Washington, February 6, 1922, and at London, April 22, 1930, at the limits prescribed by those treaties; to authorize the construction of certain naval vessels; and for other purposes," approved. March 27, 1934 (48 Stat. 505; U. S. C., title 34, sec. 496), as amended,

are hereby made applicable to contracts for the construction of the vessels or any portion thereof herein authorized. Sec. 2, act of July 30, 1937 (50 Stat. 545).

, and no part of the moneys herein appropriated for the Naval Establishment or herein made available therefor shall be used or expended under contracts hereafter made for the repair, purchase, or acquirement, by or from any private contractor, of any naval vessel, machinery, article or articles that at the time of the proposed repair, purchase, or acquirement can be repaired, manufactured, or produced in each or any of the Government navy yards or arsenals of the United States, when time and facilities permit, and when, in the judgment of the Secretary of the Navy, such repair, purchase, acquirement, or production would not involve an appreciable increase in cost to the Government [except when the repair, purchase, or acquirement, by or from any private contractor, would in the opinion of the Secretary of the Navy, be advantageous to the United States]: Provided, That nothing herein shall be construed as altering or repealing the provisos contained in the Acts to authorize the construction of certain naval vessels, approved February 13, 1929, and March 27, 1934, which provide that the first and succeeding alternate vessels in each category, except the fifteenthousand-ton aircraft carrier, upon which work is undertaken, together with the main engines, armor, and armament, shall be constructed or manufactured in the Government navy yards, naval gun factories, naval ordnance plants, or arsenals of the United States, except such material or parts as are not customarily manufactured in such Government plants. Sec. 1, Navy Department Appropriation Act of June 24, 1935 (49 Stat. 418).

The last paragraph has been repeated in subsequent appropriation acts. The words in brackets were added by the appropriation act for the fiscal year 1939.

2111. Services by War Department; carrier pigeons.-That it be, and it hereby is, declared to be unlawful to knowingly entrap, capture, shoot, kill, possess, or in any way detain an Antwerp, or homing pigeon, commonly called carrier pigeon, which is owned by the United States or bears a band owned and issued by the United States having thereon the letters "U. S. A.” or “U. S. N.” and a serial number. Sec. 1, act of Apr. 19, 1918 (40 Stat. 533); 50 U. S. C. 111.

That the possession or detention of any pigeon described in section one of this Act by any person or persons in any loft, house, cage, building, or structure in the ownership or under the control of such person or persons without giving immediate notice by registered mail to the nearest military or naval authorities, shall be prima facie evidence of a violation of this Act. Sec. 2, act of Apr. 19, 1918 (40 Stat. 533); 50 U. S. C. 112...

That any person violating the provisions of this Act shall, upon conviction, be punished by a fine of not more than $100, or by imprisonment for not more than six months, or by both such fine and imprisonment. Sec. 3, act of Apr. 19. 1918 (40 Stat. 533); 50 U. S. C. 113.

2112. Services by War Department; hospitals.—* for allotment and transfer to the Public Health Service, the War, Navy, and Interior Departments, for disbursement by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans' Administration, including minor repairs and improvements of existing facilities under their jurisdiction necessary to such care and treatment. * Sec. 1, independent offices appropriation act of

Feb. 23, 1931 (46 Stat. 1374).

Provided, That the pay and allowances of such additional officers and nurses of the Medical Reserve Corps as are required to supplement the like officers and nurses of the Regular Army in the care of beneficiaries of the United

States Veterans' Bureau [Administration] treated in Army hospitals may be paid from the funds allotted to the War Department by that bureau [Administration] under existing law. Act of Feb. 28, 1929 (45 Stat. 1371), making appropriations for support of the War Department; 38 U. S. C. 461.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, November 12, 1929, page 325) that the second paragraph, based on War Department appropriation act of February 28, 1929 (45 Stat. 1371), and subsequent appropriation acts; 38 U. S. C. 461, be omitted from the Code as temporary.

The appropriation referred to in first paragraph is "Medical and Hospital Services." The Puerto Rican Hurricane Relief Commission, established by the text of this section as published in the 1929 Edition, public resolution of December 21, 1928 (45 Stat. 1068), was abolished by public resolution of June 3, 1935 (49 Stat. 320).

2113. Services by War Department; laundries.—* Provided, That laundry charges, other than for service now rendered without charge, shall be so adjusted that earnings in conjunction with the value placed upon service rendered without charge shall aggregate an amount at least equal to [not less than $50,000 below] the cost of maintaining and operating laundries and drycleaning plants. Title I, War Department appropriation act of Apr. 9, 1935 (49 Stat. 129).

This provision has been repeated in subsequent appropriation acts. The change indicated was made in act of July 1, 1937 (50 Stat. 450).

*

2114. Services by War Department; telegraph and cable lines.--* Provided, That commercial business may be done over these military lines under such conditions as may be deemed, by the Secretary of War, equitable and in the public interests, all receipts from such commercial business shall be accounted for and paid into the Treasury of the United States. Act of May 26, 1900 (31 Stat. 206); 48 U. S. C. 310.

Provided, That hereafter the Signal Corps, in its operation of military telegraph lines, cables, or radio stations, is authorized in the discretion of the Secretary of War, to collect forwarding charges due connecting commercial telegraph or radio companies for the transmission of Government radiograms or telegrams over their lines, and to this end, under such regulations as may be prescribed by the Secretary of War, it can present vouchers to disbursing officers for payment or file claims with auditors of the Treasury Department for the amount of such forwarding charges. Act of May 12, 1917 (40 Stat. 43); 10 U. S. C. 1319.

Provided, That hereafter the head of any department or establishment of the Government, in his discretion, may transfer in advance to the Signal Corps of the Army, from appropriations available for the transmission of messages such amounts as may be necessary to defray the expense of transmitting messages turned over by him to that corps, including the payment of toll charges of commercial carriers, the leasing of facilities required for transmitting messages, and the installation and maintenance of such facilities. Act of Apr. 15, 1926 (44 Stat. 267); 5 U. S. C. 118.

The duties of the auditors of the Treasury Department are now performed by the General Accounting Office. See 1646, ante.

2115. Services by War Department; testing machine.-The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be; act of June 20, 1878 (20 Stat. 223); 50 U. S. C. 76.

136307-4061

*. Sec. 1,

That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress: And provided further, That in making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ordnance shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society, to be by them published at their own expense. Act of Mar. 3, 1885 (23 Stat. 502); 50 U. S. C. 77.

2116. Services by War Department; transportation of American National Red Cross. That when the 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 one 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 the Red Cross supplies that may be tendered as a gift and accepted for use in the sanitary service shall be transported at the cost and charge of the United States. Sec. 2, act of April 24, 1912 (37 Stat. 91); 36 U. S. C. 11. For sec. 1, supra, see 2171, post.

2117. Services by War Department; transportation of Naval and Marine Corps detachments.-The officers of the Quartermaster's Department shall, upon requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with land troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with * * * transportation for said officers, seamen, and marines, their baggage, provisions and cannon. R. S. 1135; 10 U. S. C. 76;

34 U. S. C. 541.

By R. S. 1619 the Marine Corps is liable to do duty in the forts and garrisons of the United States, or any other duty on shore, as the President may direct.

Similar provisions that the officers of the Subsistence Department should furnish rations to naval and marine detachments were made by R. S. 1143, ante, 2051.

2118. Services by War Department; transportation of property to departments.-* * * Provided also, That hereafter the Quartermaster General and his officers, under his instructions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the Bureau to which such property or stores pertain. Act of July 5, 1884 (23 Stat. 111); 10 U. S. C. 73.

The first paragraph of this section as published in the 1929 Edition, based on R. S. 1856, was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429).

The second paragraph, based on R. S. 1857; 48 U. S. C. 1458, is also omitted, there being no territories on which it could operate.

2119. Services by War Department; transportation for post exchange.— And provided further, That hereafter no money appropriated for the support of the Army shall be expended for post gardens or exchanges, but this proviso shall not be construed to prohibit the use, by post exchanges, of public buildings or public transportation when, in the opinion of the Quartermaster General, not required for other purposes. Act of July 16, 1892 (27 Stat. 178); 10 U. S. C. 1335.