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such plants, and to take from any lands of the United States, or to purchase or acquire by condemnation materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. Sec. 124, act of June 3, 1916 (39 Stat. 215); 50 U. S. C. 79.

1022. The 1929 text of this section, based on section 8, chapter XV, act of July 9, 1918 (40 Stat. 888); 50 U. S. C. 172, insofar as it authorizes the sale of land under the control of the War Department, was repealed by the "Camp Taylor Proviso," 1002a, ante (J. A. G. 602.2, Jan. 13, 1932).

As to sale of lumber and timber, see 2092, post.
1023. For text of this section as published in the 1929 Edition, see 1020, ante.

1024. River and harbor lands; condemnation.—That the Secretary of War may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement by condemnation of any land, right-of-way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which provision has been made by law; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, however, That when the owner of such land, right-of-way, or material shall fix a price for the same, which in the opinion of the Secretary of War shall be reasonable, he may purchase the same at such price without further delay: 'And provided further, That the Secretary of War is hereby authorized to accept donations of lands or materials required for the maintenance or prosecution of such works. Act of Apr. 24, 1888 (25 Stat. 94); 33 U. S. C. 591.

The reservation of lands in Plaquemines Parish, Louisiana, for use of the Department of Agriculture as an addition to the Delta Migratory Waterfowl Refuge, by Executive Order No. 7538, January 19, 1937, was made subject to their use by the War Department in connection with improvement of navigation in the Mississippi River.

Notes of Decisions In general.- Where the United States re- may be reacquired under the Condemnation quires for an authorized river and harbor act of April 24, 1888 (25 Stat. 94); 33 project a portion of the land conveyed to U. S. C. 591, without breaching the condithe State of Iowa under the act of June 4, tions of the grant so as to work a forfeiture 1936 (49 Stat. 1464), for park purposes of the remaining portion. (Mar. 24, 1937) with provision for reversion in case of non- 39 Op. Atty. Gen. No. 3, use for that purpose, the portion desired

1025. River and harbor lands; condemnation in aid of person, company, or corporation.—That whenever any person, company, or corporation, municipal or private, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, or for the purpose of constructing, maintaining, and operating locks, dry docks, or other works to be conveyed to the United States free of cost, and of constructing, maintaining, and operating dams for use in connection therewith, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of War may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of War: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by the said person, company, or corporation, to secure which payment the Secretary of War may require the said person, company, or corporation to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced. Act of May 16, 1906 (34 Stat. 196); act of June 29, 1906 (34 Stat. 632); 33 U. S. C. 592.

Provisions regulating improvements of navigable waters by persons or corporations are contained in 1834, post.

1026. River and harbor lands; condemnation in aid of State or State agency.That whenever any State, or any reclamation, flood control, or drainage district, or other public agency created by any State, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of War may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of War: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by such State, or reclamation, flood control, or drainage district, or other public agency as aforesaid, to secure which payment the Secretary of War may require such State, or reclamation, flood control, or drainage district, or other public agency as aforesaid, to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced. Sec. 9, act of Aug. 8, 1917 (40 stat. 267); 33 U. S. C. 593.

1027. River and harbor lands; right of possession and compensation in condemnation proceedings.—That whenever the Secretary of War, in pursuance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights-of-way needed for a work of river and harbor improvement duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights-of-way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress : Provided, That certain and adequate provision shall have been made for the payment of just compensation to the party or parties entitled thereto, either by previous appropriation by the United States or by the deposit of moneys or other form of security in such amount and form as shall be approved by the court in which such proceedings shall be instituted. The respondent or respondents may move at any time in the court to increase or change the amounts or securities, and the court shall make such order as shall be just in the premises and as shall adequately protect the respondents. In every case the proceedings in condemnation shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid. Sec. 5, act of July 18, 1918 (40 Stat. 911); 33 U. 8. C. 594.

That in all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation

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or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly. Sec. 6, act of July 18, 1918 (40 stat. 911); 33 U. S. C. 595.

For right of immediate possession by virtue of "declaration of taking," applicable to all condemnation proceedings outside the District of Columbia, see 984a, ante.

Notes of Decisions Dismissal of proceedings.--Evidence showed compensation; hence Government could not a complete "taking" by Government of flow. have condemnation proceeding dismissed. age and levee rights over railroad property U. S. v. Yazoo & M. V. R. Co. et al. (D. C. for construction of spillway, giving rise to 1933), 4 F. Supp. 366. 1028. River and harbor lands; donation to the United States.-

And provided further, That the Secretary of War is hereby authorized to accept donations of lands or materials required for the maintenance or prosecution of such works. Act of Apr. 24, 1888 (25 Stat. 94); 33 U. S. C. 591.

1028a. River and harbor lands; easements for public roads and streets.--That the Secretary of War be, and he is hereby, authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a bridge structure: Provided, That such rights-of-way shall be granted only upon a finding by the Secretary of War that the same will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby : Provided further, That all or any part of such rights-of-way may be annulled and forfeited by the Secretary of War for failure to comply with the terms or conditions of any grant hereunder or for nonuse or for abandonment of rights granted under the authority hereof : Provided further, That the authority hereby granted to the Secretary of War shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act. Sec. 10, act of June 20, 1938 (52 Stat. 808); 33 U. S. C. 558c.

For similar provision applicable to military reservations, see 999, ante.

By act of May 26, 1936 (49 Stat. 1371), the Secretary of War was authorized to grant to the city of Buffalo, New York, the use of lands in Black Rock Harbor for sewage disposal facilities.

By act of June 5, 1936 (49 Stat. 1481), the Secretary of War was authorized to permit the American Legion post at Sault Sainte Marie, Michigan, to use and occupy a portion of the Fort Brady reservation.

By public resolution of June 24, 1936 (49 Stat. 1913), the Secretary of the Navy was authorized to grant to the city and county of San Francisco permission for the construction and maintenance of a causeway, highways, and water-supply reservoirs on Yerba Buena Island, San Francisco Bay.

The act of June 14, 1938 (52 Stat. 677), authorizes the Secretary of War to grant to the State of Oregon an easement for the construction of a highway on river and harbor lands in Coos County, Oregon.

1028b. River and harbor lands; exchange.--That in any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the Government for private lands or property required for such project, the Secretary of War may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and any conveyance of Govern. ment land or interests therein necessary to effect such exchange may be executed by the Secretary of War: Provided further, That the authority hereby granted to the Secretary of War shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act. This section shall apply to any exchanges heretofore deemed advisable in connection with the construction of the Bonneville Dam in the Columbia River. Sec. 2, act of June 20, 1938 (52 Stat. 804); 33 U. 8. C. 5586.

1029. River and harbor lands; sale.—That when any land which has been heretofore or may be hereafter purchased or acquired for the improvement of canals, rivers, and harbors is no longer needed, or is no longer serviceable, it may be sold in such manner as the Secretary of War may direct, and any moneys received from such sale shall be deposited in the Treasury to the credit of miscellaneous receipts. Scc. 7, act of Aug. 30, 1935 (49 Stat. 10.48); 33 U. S. C. 558a.

The text of this section, as published in the 1929 Edition, based on section 5, act of June 13, 1902 (32 Siat. 373); 33 U. S. C. 558, authorizing the sale of land acquired for the improvement of rivers and harbors when no longer needed, was repealed by the "Camp Taylor Proviso,'' 1002a, ante (J. A. G. 602.2, May 6, 1931 ; August 10, 1931).

Sec. 30, act of May 28, 1935 (49 Stat. 309), authorizes transfer of two parcels of land adjacent to the South Pier, Buffalo Harbor, New York, from the War Department to the Department of Commerce and Treasury Department, respectively.

Act of August 30, 1937 (50 Stat. 881), authorizes the Secretary of War to transfer certain lands in Stewart (ounty, Tennessee, to the jurisdiction of the Secretary of the Interior as additions to the Fort Donelson National Military Park.

The act of June 14, 1938 (52 Stat. 675), authorized the Secretary of War to convey to the town of Montgomery. West Virginia, certain lands on the banks of the Kanawha River.

The act of June 14, 1938 (52 Stat. 677), authorizes the Secretary of War to convey certain river and harbor lands in Tillamook County, Oregon, to the State of Oregon, for highwny purposes.

The act of June 15, 1938 (52 Stat. 690), authorizes the Secretary of War to convey to the post of the Veterans of Foreign Wars at South Charleston, West Virginia, a tract of laod on the Kawawba River, West Virginia.

The act of June 29, 1938 (52 Stat. 1230), authorizes the Secretary of War to convey to the Ainerican Legion Post of Belzoni, Mississippi, a tract of land on the bank of the Big Sunflower River,

1030. Memorials; erection in the District of Columbia.—Hereafter there shall not be erected on any reservation, park, or public grounds of the United States within the District of Columbia any building or structure without express authority of Congress. Sec. 1, act of Aug. 24, 1912 (37 Stat. 444); 40 U.S. C. 68.

By resolution of June 21, 1930 (46 Stat. 797), the Director of Public Buildings and Public Parks of the National Capital was authorized to grant permission for the erection, under his supervision, by tbe citizens of Pennsylvania, of a memorial fountain on the public grounds of the United States on Pennsylvania Avenue in the District of Columbia, as a gift to the people of the United States.

The erection of a monument to William Jennings Bryan on the public grounds of the United States in the city of Washington was authorized by resolution of June 18, 1930 (46 Stat. 783), as amended by resolution of June 27, 1932 (47 Stat. 335); and of a memorial to the Second Division by resolution of March 3, 1931 (46 Stat. 1515); and the removal of a statue of Major General John A. Rawlins by resolution of March 4, 1931 (46 Stat. 1627).

Other inemorials have been authorized as follows: A memorial by the Roosevelt Me morial Association on Theodore Roosevelt Island by sec. 3, act of May 21, 1932 (47 Stat. 164), as amended by act of Feb. 11, 1933 (47 Stat. 799; 40 U. S. C., 1235, 123c); a memorial to American and diplomatie consular officers who while on active duty lost their lives under heroic or tragic circumstances. by public resolution of Feb. 23. 1933 (47 Stat. 902); a bust of Jobann Wolfgang von Goethe, by public resolution of Mar. 4, 1933 (47 Stat. 1620); a "Navy and Marine Memorial Dedicated to American Lives Lost at Sea," by public resolution of February 16, 1924 (43 Stat. 14), as amended by public resolution of June 26, 1934 (48 Stat. 1243); a memorial to Jean Jules Jusserand, by public resolution of June 17, 1935 (49 Stat. 386); a statue of Grover Cleveland, by public resolution of June 26, 1935 (49 Stat. 424).

Public resolution of August 24, 1935 (49 Stat. 798), authorizes the erection of a memorial to the Fourth Division, American Expeditionary Forces, on public grounds of the District of Columbia.

Public resolution No. 70, February 12, 1936 (49 Stat. 1137), authorizes the National Society of the Daughters of the American Colonists to erect on public grounds in the City of Washington a memorial to those early settlers whose land grants embrace the site of the Federal City.

The execution of plans for a permanent memorial to Thomas Jefferson in the City of Washington was authorized by act of June 3, 1936 (49 Stat. 1397).

Public resolution of June 23, 1936 (49 Stat. 1895), authorizes the erection of a memorial in the City of Washington to Haym Salomon, in recognition of his services during the American Revolution.

By public resolution of March 24, 1937 (50 Stat. 51), the Smithsonian Institution was authorized to accept a "National Gallery of Art,” to be constructed by the A. W. Mellon Educational and Charitable Trust, together with a collection of works of art, to be housed and exhibited therein.

A statue to Albert Gallatin, former Secretary of the Treasury, was authorized to be erected on the grounds of the Treasury Department by public resolution of June 15, 1937 (50 Stat. 260).

Public resolution of April 13, 1938 (52 Stat. 217), authorizes the erection in the City of Washington of a memorial to Guglielmo Marconi, inventor of an apparatus for wireless telegraphy.

The text of this section as published in the 1929 Edition, based on chapter II, act of July 11, 1919 (41 Stat. 129); 10 U. S. C. 1263, was repealed by the “Camp Taylor Proviso, ** 1002a, ante (J. A. G. 602.2, Aug. 10, 1931). 1031. Military posts; establishment.--*

Provided further, That here after no military post within the United States shall be established without the express authority of Congress. Act of Mar. 2, 1905 (33 Stat. 836); 10 U. S. C. 1331.

The name of the Camp Pike, Arkansas, Military Reservation was changed to “Camp Joseph T. Robinson" by section 3, act of August 26, 1937 (50 Stat. 862).

Notes of Decisions

State taxation; motor vehicle registra- | not in a position to claim the exemption. In tion.-A Minnesota statute (Mason's Minn, the case of every taxing act there are exemp State., secs. 2672-2704, as amended by Laws tions wbich certain persons cannot claim. of 1929, ch. 335), requiring registration but this does not deprive them of the equal of motor vebicles, display of number plates, protection of the law. Further, if the State etc., provides that vehicles shall be privi- determines to extend a privilege to popresileged to use the public streets and highways dents, it may with propriety limit the conupon payment of specified annual rates cession to those who have duly registered which are in lieu of all other taxes, except their vehicles in another State or country. municipal wheelage taxes, so-called, and The State is not bound to make any such which annual taxes are measured generally provision in favor of nonresidents. (See by cost of vehicle, less allowance for depre- Kane v. New Jersey, 242 U. S. 160.) The ciation, a minimum, however, being fixed for mere fact that appellant has not so regis cars of certain weights.

tered his car and cannot, therefore, bring An officer of the Army, stationed on the himself within the class benefited by the military reservation of Fort Snelling, Min- exemption, does not create a discrimination nesota, and not a resident of the State of against him. The State was not bound to Minnesota, who had registered his car and make a classification with respect to exemp acquired a license and license plates therefor tions for him and those similarly situated. under post regulations of Fort Spelling, as- Storaasli v. Minnesota (1931), 283 U. S. 57, serts that the State tax violates the equal afirming (Minn., 1930) 230 N. W. 572. protection clause of the Fourteenth Amend- In view of court boldings to the effect that ment either (a) because the statute exempts post exchanges of the Army and Navy are residents from payment of property taxes on instrumentalities of the Government, the their cars or (b) because it allows residents President has authority to exempt vehicles of other States or countries, whose cars have owned by such organizations from the license been registered at home and bear home li- fees imposed by Executive Order No. 3434 cense plates, to operate them on Minnesota of April 14, 1921, on motor vehicles in tbe highways for a time without paying tax. Canal Zone. (1934) 37 Op. Atty. Gen. 435.

Held, That neither contention is well (See Executive Order No. 6589, Feb. 6, 1934, founded. The tax laid is an excise for the superseded by Executive Order No. 7242, privilege of using the highways. Viewed as Dec. 6, 1935.) a privilege tax, the statute does not dis

Government-owned lands.-An as criminate against appellant because he is sessment for State taxation of lands owned

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