is Indian country where the Indians owning allotments adjacent thereto, are also the owners of the land on which the road runs, subject only to the public easement. Townsend v. U. S. (C. C. A. 1920), 265 Fed. 519. Jurisdiction of State court of liquor offenses involving Indians.-In prosecution of white man for manufacture of liquor in which no personal or property right of Indian was involved, the fact that crime was committed within limits of Indian reservation or on the property of allottee of Indian tribe did not deprive State court of jurisdiction, in view of act of Feb. 22, 1889 (25 Stat. 676), and Const. Wash. art. 26, subd. 2. State v. Lindsey (Wash. 1925), 233 Pac. 327.

Grade of offense.-The offense of selling liquor to an Indian in violation of this section, which provides that any person convicted of such offense "shall be punished by imprisonment for not less than sixty days and by a fine of not less than $100 for the first offense and not less than $200 for each offense thereafter," is a "felony," as defined by sec. 335, Criminal Code, and not within the jurisdiction of a commissioner, whose jurisdiction is limited

by statute to misdemeanors. Ex parte Margrave (D, C. 1921), 275 Fed. 200; contra, Bruguier v. U. S. (Dak. Terr. 1867), 46 N. W. 502.

Punishment.-Punishment for offenses. of possessing intoxicating liquor in Indian country, in violation of acts of July 23, 1892, Jan. 30, 1897, and May 25, 1918, is fixed by those acts, and the fixing of more severe punishment under national prohibition act was error. Kennedy v. U. S., (C. C. A. 1924), 2 F. (2d) 597.

Under sec. 1, act of May 25, 1918 (40 Stat. 563), and sec. 1, act of Jan. 30, 1897 (29 Stat. 506), minimum penalty for possessing intoxicating liquor in Indian country is imprisonment for 60 days, and fine of $100, and fine of $1 was erroneous and required reversal. Edwards v. U. S. (C. C. A. 1925), 5 F. (2d) 17. A sentence, however, which imposes a fine of $500 and imprisonment for six months need not be reversed and remanded by the circuit court of appeals because of the excessive fine, but the sentence may be modified so as to strike out the excessive fine and the judgment may then be affirmed. Salazar v. U. S. (C. C. A. 1916) 236 Fed. 541.

2116. Territorial militia; organization.* * * Provided further, That the word Territory as used in this Act and in all laws relating to the land militia and National Guard shall include and apply to Hawaii, Alaska, Porto Rico, and the Canal Zone, and the militia of the Canal Zone shall be organized under such rules and regulations, not in conflict with the provisions of this Act, as the President may prescribe. Sec. 62, act of June 3, 1916 (39 Stat. 198); U. S. C. 32: 121. 2117. Same; command.-The executive power of each Territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the President. He shall reside in the Territory for which he is appointed, and shall be commander in chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the Territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the President can be made known thereon. He shall commission all officers who are appointed under the laws of such Territory, and shall take care that the laws thereof be faithfully executed. R. S. 1841; U. S. C. 48: 1453.

It is expressly provided in the Hawaiian organic act of July 9, 1921 (42 Stat. 116), that the governor "shall be commander-in-chief of the militia thereof."

Notes of Decisions

Powers of governor.-As a rule the governor of a Territory can remove only such officers as have been duly appointed by him to hold at pleasure. (1874) 14 Op. Atty. Gen. 422.

He has no power to remove officers appointed during pleasure by others than himself, or officers whose tenure is for a stated term or for good behavior, unless so authorized by the organic law or (in some cases) by the Territorial law. Id.

Accordingly, where certain officers created by a Territorial statute were appointed by the governor, with the consent of the council of the Territory, for the term of two years: Held, that, in the absence of a power of removal expressly conferred by law upon the governor, those officers are not removable by him. Id.

• all general officers of the militia în

2118. Same; selection of officers.-* the several Territories shall be elected by the people in such manner as the respective legislatures may provide by law. R. S. 1856.

All township, district, and county officers except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each Territory; and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each Territory shall appoint; but, in the first instance, where a new Territory is hereafter created by Congress, the governor alone may appoint all the officers referred to in this and the preceding section and assign them to their respective townships, districts, and counties; and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly. R. S. 1857; U. S. C. 48: 1458.

There is, at the present time, no territory on which this provision may act.

2119. Army transportation; supervision.-The Secretary of War shall prescribe general regulations for the transportation of articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, R. S. 219; U. S. C. 10: 1192.

The Quartermaster General, under the authority of the Secretary of War, shall be charged with the transportation of the Army by land and water, including the transportation of troops and supplies by mechanical or animal means; with the furnishing of means of transportation of classes and kinds required by the Army; * *. Sec. 9, act of June 3, 1916 (39 Stat.

170), as amended by sec. 9, act of June 4, 1920 (41 Stat. 766); U. S. C. 10:72 The transportation of troops, munitions of war, equipments, military property, and stores throughout the United States shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. R. S. 220; U. S. C. 10:1363.

By sec. 232, Criminal Code, 854 ante, nothing therein is to be construed as to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger-equipment vessels, cars, or vehicles.

Notes of Decisions

Authority of Secretary of War.-In absence of statute authorizing payment for transportation of mounts which are the private property of officers of the Army, the Secretary of War has no authority, by promulgation of a regulation, to bind the Government for such transportation, and this section confers no authority on the secretary to incur such liability on behalf of the Government. Atchinson, T. & S. F. R. Co. v. U. S. (1920), 55 Ct. Cl. 339.

Compensation for transportation prior to Federal control.-Railroad held entitled to compensation for transportation of military impedimenta prior to Federal control of railroads. Reading Co. v. U. S. (1925), 60 Ct. Cl. 131 affirmed (1926), 270 U. S. 320; New York, N. H. & H. R. Co. v. U. S. (1925), 60 Ct. Cl. 174, affirmed (1926), 270 U. S. 320,

2120. Same; use by 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 personne? 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); U. S. C. 36: 11.

2121. Same; use by Government surveys.— Provided also, That hereafter the Quartermaster General and his officers, under his instructions, whereever 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), making appropriations for the support of the Army: Transportation of the Army; U. S. C. 10: 73.

2122. Same; use by 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; U. S. C. 34: 541., 20

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, 2023.

2123. Same; use by post exchanges.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), making appropriations for the support of the Army; U. S. C. 10: 1335.

Provided,

2124. Army transports; passengers and freight carried.-* That no part of this appropriation shall be applied to the payment of the expenses of using transports in any other Government work than the transportation of the Army, its supplies and employees; and 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 Gov ernment 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), making appropriations for the support of the Army: Transportation of the Army; U. S. C. 10: 1871.

*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), making appropriations for the support of the Army: Transportation of the Army; U. S. C. 10: 1370.

* *

* Provided further, That hereafter when there is cargo space available without displacing military supplies, transportation may be provided for 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), making appropriations for the support of the Army: Transportation of the Army; U. S: C. 10: 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), making appropriations for the support of the Army: Transportation; U. S. C. 10: 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 Porto Rican government and their families on official business without expense to United States. Sec. 1, act of June 30, 1921 (42 Stat. 81), making appropria

tions for the support of the Army: Transportation; U. S. C. 10: 1369.

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

2125. Same; 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; U. S. C. 10: 1366.

2126. Same; not to be sold without the consent of Congress.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; * Act of Mar. 2, 1905 (33 Stat. 837), making appropriations for the support of the Army: Transportation of the Army; U. 8. C. 10: 1372. 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.