34 Stat. 554 (U. S. C. Title 34, Sec. 683) SECRETARY OF THE NAVY, Department of the Navy: (Same comment.) MCCLENON: Since the Department regards this provision as obsolete, there would seem to be no objection to its repeal; it relates to a limited class of persons who are very likely no longer in existence. TITLE FORTY-THREE R. S. 2469 (U. S. C. Title 43, Sec. 19) SECRETARY OF THE INTERIOR, Department of the Interior: This section is wholly obsolete and may be safely repealed. It authorizes the Commissioner of the General Land Office to furnish copies of records, etc. Similar authority is conferred by the act of August 24, 1912, sec. 1, embodied in section 488 of the Code, Title 5. MCCLENON: I agree with the Department that this section might well be regarded as superfluous. R. S. 2470 (U. S. C. Title 43, Sec. 20) SECRETARY OF THE INTERIOR, Department of the Interior: This section is wholly obsolete and may be safely repealed. It provides that literal exemplifications of records made by the Commissioner of the General Land Office shall have the same validity as evidence as the originals thereof. Similar provision is made by section 3 of the act of August 24, 1912, found in the Code as section 490, Title 5. MCCLENON: I agree with the Department that this section might well be regarded as superfluous. R. S. 461, as amended by 25 Stat. 76 and 35 Stat. 469; 25 Stat. 557 (U. S. C. Title 43, Sec. 21) SECRETARY OF THE INTERIOR, Department of the Interior: This section is wholly obsolete and may be safely repealed. It is superseded by section 1 of the act of August 24, 1912, found in the Code as section 488, Title 5. H R-71-2-VOL 2– -46 MCCLENON: I had noted this section as doubtful from the standpoint indicated by the Department; at present I see no reason for questioning the validity of their position. R. S. 2230 (U. S. C. Title 43, Sec. 61) R. S. 2231 (U. S. C. Title 43, Sec. 62) R. S. 2232 (U. S. C. Title 43, Sec. 63) SECRETARY OF THE INTERIOR, Department of the Interior: Secs. 61, 62 and 63 relate to oath and bond of deputy surveyors under the abandoned system of surveying the public lands by contract. Surveys are now made directly by cadastral engineers employed under Civil Service rules and regulations and under the direct supervision of the Supervisor of Surveys and the Commissioner of the General Land Office. They are wholly obsolete and may safely be repealed. MCCLENON: Secs. 61-63. The Department's comment raises a question of fact clearly within the cognizance of the Department, hence I see no reason why their suggestion should not be accepted. The provisions are undoubtedly inoperative since the reorganization of the surveying service. 31 Stat. 270, sec. 3 (U. S. C. Title 43, Sec. 181) SECRETARY OF THE INTERIOR, Department of the Interior: The act of September 5, 1914, (38 Stat. 712), Code section 182, covers the entire subject matter of second homestead entries where the former entry was not perfected, and this section is inoperative. MCCLENON: The subject-matter of this section appears to be completely provided for by sec. 182 of this title, which was enacted later and hence may well be regarded as superseding sec. 181. 40 Stat. 430 (U. S. C. Title 43, Sec. 236) SECRETARY OF THE INTERIOR, Department of the Interior: This section grants credit as residence on homestead entries for periods of absence devoted to farm labor during the World War. The law is so clearly temporary that it may well be repealed. MCCLENON: This section is clearly temporary and obsolete at present. 41 Stat. 271 (U. S. C. Title 43, Sec. 237) SECRETARY OF THE INTERIOR, Department of the Interior: Grants leave of absence from homesteads during the year 1919 on account of drought and is no longer operative. MCCLENON: This section is clearly temporary and obsolete at present. SECRETARY OF THE INTERIOR, Department of the Interior: A temporary statute and should be repealed as recommended in my report of May 11, 1928. MCCLENON: 34 Stat. 1248 (U. S. C. Title 43, Sec. 262) SECRETARY OF THE INTERIOR, De- MCCLENON: I agree with the Department that this section is superfluous in view of the later-enacted Sections 95-98 of this title. 35 Stat. 350 (U. S. C. Title 43, Sec. 379) SECRETARY OF THE INTERIOR, Department of the Interior: Sec. 379 is no longer operative. The purchase of books, etc. is now covered by annual appropriations. MCCLENON: Inasmuch as this is a mere authorization, I see no need for retaining it when the Department regards it as unnecessary. 40 Stat. 675 (U. S. C. Title 43, Sec. 380) SECRETARY OF THE INTERIOR, De- MCCLENON: Inasmuch as this is a mere authorization, I see no need for retaining it when the Department regards it as unnecessary. 43 Stat. 116, sec. 2 (U. S. C. Title 43, Sec. 384b) SECRETARY OF THE INTERIOR, Department of the Interior: Subdivision (b) of Sec. 384 is no longer operative. MCCLENON: This appears to be an essentially temporary provision; I do not however see why a distinction should be made between (a) and (b) in this respect. 44 Stat. 650, sec. 49 (U. S. C. Title 43, Sec. 423g, appendix) SECRETARY OF THE INTERIOR, De- MCCLENON: This is a temporary provision which was probably included in the Appendix by inadvertance; it does not appear in the Supplement. 32 Stat. 389, sec. 5 (U. S. C. Title 43, Sec. 476) SECRETARY OF THE INTERIOR, De- Provides for payment of reclamation construction charges to register of the district land office. MCCLENON: I agree with the Department that this section is superfluous in view of the later-enacted Sec. 545 of this title. R. S. 2353 (U. S. C. Title 43, Sec. 672) SECRETARY OF THE INTERIOR, Department of the Interior: Secs. 672, 673, 674, 676, 677, 678, 683, 684, 685, 686 and 687-These sections, relating to public sales, are obsolete, and should be repealed as recommended in my report of May 11, 1928, except Sec. 678, which should be retained because of the provisions as to the price of the public lands. Sec. 688 should be included for repeal as recommended in said report of May 11, 1928. (These sections are all obsolete and to carry them into the Code renders the law somewhat confusing. No lands are now subject to public sale as contemplated by the sections relating thereto except possibly scattered tracts in Missouri, and section 675 would take care of any such tract in that State subject to private sale. SECRETARY OF THE INTERIOR, De partment of the Interior: These sections follow section 671 which provides that the public lands shall not be subject to public sale except as specifically provided by such laws as those relating to isolated tracts, abandoned military reservations, etc. The sections are wholly inoperative.) MCCLENON: The Department's comment raises a question of fact clearly within the cognizance of the Department, hence I see no reason why their suggestion should not be accepted. I do not think the provisions are in fact operative at present. MCCLENON: R. S. 2354 (U. S. C. Title 43, Sec. 673) (Same comment.) · 19 Stat. 221, sec. 2 (U. S. C. Title 43, Sec. 686) (Same comment.) (Same comment.) R. S. 2360 (U. S. C. Title 43, Sec. 687) (Same comment.) R. S. 2398 (U. S. C. Title 43, Sec. 754) SECRETARY OF THE INTERIOR, Department of the Interior: Secs. 754, 755, 756, 764, 765, and 771-Under the authority of the sundry civil appropriation act of June 25, 1910 (36 Stat., 703-740), the contract system of SECRETARY OF THE INTERIOR, De partment of the Interior: surveying the public lands has been abandoned since that time, and these sections all relate to that system. See comment on Secs. 61, 62 and 63. These sections should be repealed as recommended in my report of May 11, 1928, the system of surveying authorized thereby having been abandoned. MCCLENON: I do not think these provisions are in fact operative at present. See comment on Secs. 61-63. MCCLENON: |