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2075. Ordnance and ordnance stores; sale in general.--Hereafter

individual pieces of United States armament which are not needed on account of historical value, and can be advantageously replaced, may be sold at a price not less than their cost price, when there exists for such sale sentimental reasons adequate in the judgment of the Secretary of War or Secretary of the Navy. Act of Mar. 2, 1905 (33 Stat. 841); 34 U. S. C. 545; 50 U. S. C. 69.

That the Chief of Ordnance is hereby authorized to sell without advertisement for public parks, public buildings, and soldiers' monuments purposes surplus obsolete brass or bronze cannon, carriages and cannon balls at such prices as he may deem reasonable and just: Provided, That hereafter obsolete brass or bronze cannon and their accessories shall not be disposed of for such purposes except as provided for in this Act. Sec. 47, act of Mar. 4, 1909 (35 Stat. 1075); 50 U. S. C. 68.

The text of this section as published in the 1929 Edition, based on sec. 1, act of March 4, 1929 (45 Stat. 1595), has been superseded. See 2105, post.

2076. Ordnance and ordnance stores; sale to American designers.—* The Secretary of War is hereby authorized to sell to American designers such serviceable ordnance and ordnance stores as may be necessary in the development of designs which may be used in the military service: Provided, That such ordnance and ordnance stores can be spared for the purpose, and funds arising from such sales shall be available to replace like ordnance and ordnance stores. Act of Apr. 23, 1904 (33 Stat. 276); 50 U. S. C. 65.

By 1765, ante, credits to replacement accounts of proceeds of sales under this section are limited to the actual cost of the supplies to the War Department.

2077. Ordnance and ordnance stores; sale to American National Red CrossSales of ordnance stores are authorized

to the American National Red Cross under such regulations as may be prescribed by the Secretary of War. Act of Mar. 3, 1909 (35 Stat. 750); 50 U. S. C. 71.

For first paragraph of this section as published in the 1929 Edition, see 2015, ante.

The second paragraph, based on act of May 12, 1917 (40 Stat. 43); 10 U. S. C. 1272, was reenacted with certain modifications and superseded by chapter I, act of July 9, 1918 (40 Stat. 849) (J. A. G. 400.22, May 19, 1933). See 2015, ante.

2078. Ordnance and ordnance stores; sale to civilian employees.--Sales of ordnance stores are authorized to civilian employees of the Army under such regulations as may be prescribed by the Secertary of War. Act of Mar. 3, 1909 (35 Stat. 750); 50 U. 8. C. 71.

The second paragraph of this section as published in the 1929 Edition, based on section 10, act of March 4, 1915 (38 Stat. 1054); 5 U. S. C. 79, exempting vehicles used in river and harbor work from the provisions of section 5, act of July 16, 1914, ante, 1971, was repealed by the War Department appropriation act of March 4, 1933 (47 Stat. 1599) ; 5 U. S. C. 78a. For other paragraphs, see 1971, 2073, ante.

2079. Ordnance and ordnance stores; issue to District of Columbia high schools.—That the Secretary of War is authorized to issue, at his discretion and under proper regulations to be prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, such as may appear to be required for military instruction and practice by the students of the High Schools of Washington, District of Columbia, and the Secretary shall require a bond in each case, in double the value of the property, for the care and safe-keeping thereof, and for the return of the same when required. Pub. res. of Feb. 5, 1891 (26 Stat. 1113); 10 U. S. C. 1183.

2080. Ordnance and ordnance stores; issue to educational institutions.-That the Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to

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the United States, such obsolete ordnance and ordnance stores as may be available ot State and Territorial educational institutions

for purposes of drill and instruction.

And the Secretary of War shall require from such institutions bond in each case in double the value of the property issued, for the care and safe-keeping thereof and for the return of the same to the United States when required : Provided, That the issues herein provided for shall be made only to institutions upon recommendation of the governors of States and Territories and shall not be made in any case to any educational institution to which issues of such stores are allowed to be made under provisions of existing law. Act of June 30, 1906 (34 Stat. 817); 50 U. 8. C. 62a.

Hereafter ammunition of older model than current may be issued for the instruction in target practice of students at the institutions to which the issue of artillery is authorized to the value of not more than five thousand dollars of original cost in any one year. Act of Mar. 3, 1909 (35 Stat. 730); 10 U. 8. C. 1184.

Provided further, That the Secretary of War is hereby authorized to issue, without expense to the United States, for use in target practice, United States magazine rifles and appendages therefor not of the existing service model and not necessary for the maintenance of a proper reserve supply, together with forty rounds of ball cartridges suitable to said arm, for each range at which target practice is bad, not to exceed a total of one hundred and twenty rounds per year per man participating in target practice,

to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the conduct of proper target practice.

Issues of public property under this provision shall be made in compliance with regulatious prescribed by the Secretary of War insuring the designed use of the property issued, providing against loss to the United States through lack of proper care, and for the return of the property when required, and embodying such other requirements as he may consider necessary adequately to safeguard the interests of the United States. Act of Apr. 27, 1914 (38 Stat. 370); 10 U.S. C. 1185.

The Secretary of War is hereby authorized to issue, under such rules and regulations as he may prescribe, for use in target practice, targets, target materials, and other necessary accessories,

to schools having a uniformed corps of cadets and carrying on military training, in sufficient number for the proper conduct of target practice. Sec. 1, act of Aug. 29, 1916 (39 Stat. 643).

The omitted portions of the last two paragraphs, providing for issues to rifle clubs organized under the rules of the National Board for the Promotion of Rifle Practice, are considered as superseded by 2085, post. (Op. J. A. G. 300.3, April 23, 1936; February 4, 1939).

2081, Ordnance and ordnance stores; sale to educational institutions.-Sales of articles of ordnance property are authorized to educational institutions

for maintaining the ordnance and ordnance stores issued to them. Act of May 11, 1908 (35 Stat. 125); 50 U. 8. C. 63.

2082. Ordnance and ordnance stores; issue to National Guard.—Under such regulations as the President may prescribe, whenever a new type of equipment, small arm, or field gun shall have been issued to the National Guard of the several States, Territories, and the District of Columbia, such equipment, small arms, and field guns, including all accessories, shall be furnished without charging the cost or value thereof or any expense connected therewith against the appropriations provided for the support of the National Guard. Sec. 84, act of June 3, 1916 (39 Stat. 20h); 32 U. S. C. 35.

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Provided, That whenever in the opinion of the Secretary of War a sufficient number of Infantry equipment, model of nineteen hundred and ten, shall have been procured and shall be available for the purpose the Secretary of War is hereby authorized to issue on the requisition of the governors of the Several States and Territories or the commanding general of the District of Columbia National Guard, such numbers thereof as are required for equipping the National Guard in said States, Territories, and the District of Columbia, without charging the cost or value thereof or any expenses connected therewith, against any allotment to said States, Territories, or the District of Columbia, provided that the equipment thus issued shall be receipted for and shall remain the property of the United States and be annually accounted for in the manner prescribed by the Act of June third, nineteen hundred and sixteen, and that each State, Territory, and the District of Columbia shall, upon receipt of new equipment, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefor and without expense for transportation of Infantry equipment now in its possession, the property of the United States, and replaced by articles of the model of nineteen hundred and ten equipment, Act of May 12, 1917 (40 Stat. 68); 32 U. 8. C. 38.

This provision is similar to that contained in the act of Aug. 29, 1916 (39 Stat. 617). except where the words “in the manner prescribed by the act of June third, nineteen hundred and sixteen" are here used, the words "by the governors of the several States, Territories, and commanding general of the District of Columbia National Guard as now required by law" are there used.

2083. Ordnance and ordnance stores; sale to Navy, Marine Corps, and Coast Guard officers.-Articles of ordnance property may be sold by the Chief of Ordnance to officers of the Navy and Marine Corps and Coast Guard, for their use in the public service, in the same manner as these articles are now sold to officers of the Army. Act of Mar. 3, 1909 (35 Stat. 751); act of Apr, 15, 1937 (50 Stat. 65); 34 U. 8. C. 540; 50 U. 8. O. 70.

2084. Ordnance and ordnance stores; sale to patriotic organizations.--That the Chief of Ordnance is hereby authorized to sell without advertisement to patriotic organizations for military purposes surplus obsolete small arms and their equipments and ammunition at such prices as he may deem reasonable and just: Provided, That hereafter obsolete small arms and their equipment and ammunition shall not be disposed of to such organizations except as provided for in this Act. Sec. 14, act of May 28, 1908 (35 Stat. 443); 50 U. 8. C. 64.

2085. Ordnance and ordnance stores; issue or sale to rifle clubs.-Hereafter the Secretary of War shall, within the limits of appropriations made from time to time by Congress and in accordance with reasonable rules and regulations approved by him upon the recommendation of the National Board for the Promotion of Rifle Practice, authorize and provide for-*

(c) Promotion of practice in the use of rified arms, the maintenance and management of matches or competitions in the use of such armis, and the issuance in connection therewith of the necessary arms, ammunition, targets, and other necessary supplies and appliances, and the award to competitors of tro. phies, prizes, badges, and other insignia :

(d) Sale to members of the National Rifle Association, at cost to the Government, and issue to clubs organized for practice with rifled arms, under the direction of the National Board for the Promotion of Rifle Practice, of arms, ammunition, targets, and other supplies and appliances necessary for target practice :

Act of June 7, 1924 (43 Stat. 510); 32 U. S. C. 181. 2086. Ordnance and ordnance storez; issue or sale to soldiers' homes. That the Secretary of War

is authorized and directed, subject to such

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regulation as he may prescribe, to deliver to any of the “National Homes for Disabled Volunteer Soldiers” already established or hereafter established and to any of the State Homes for soldiers and sailors or either now or hereafter duly established and maintained under State authority, such obsolete serviceable cannon, bronze or iron, suitable or firing salutes, as may be on hand undisposed of, not exceeding two to any one Home. Act of Feb. 8, 1889 (25 Stat. 657); 24 U. 8. C. 83.

Provided, That hereafter the Chief of Ordnance is authorized to issue such obsolete or condemned ordnance, gun carriages, and ordnance stores as may be needed for ornamental purposes to the homes for disabled volunteer soldiers, the homes to pay for transportation out of any appropriation for current expenses. Act of May 26, 1900 (31 stat. 216); 24 U. 8. C. 83.

That the Secretary of War is hereby authorized to issue, at his discretion and under proper regulations to be prescribed by him, without cost of transportation to the United States, such obsolete ordnance and ordnance stores as may be available to

State soldiers and sailors' orphans' homes, for purposes of drill and instruction. And the Secretary of War shall require from such

homes a bond in each case in double the value of the property issued, for the care and safekeeping thereof and for the return of the same to the United States when required: * Act of June 30, 1906 (34 Stat. 817); 50 U. 8. C. 62a. Sales of articles of ordnance property are authorized to

State soldiers' and sailors' orphans' homes for maintaining the ordnance and ordnance stores issued to them. Act of May 11, 1908 (35 Stat. 125); 50 U. S. C. 63.

2087. Ordnance and ordnance stores; issue to soldiers' monument associations, etc.—That the Secretary of War and the Secretary of the Navy are each hereby authorized in their discretion, to loan or give to soldiers' monument associations, posts of the Grand Army of the Republic, posts of the American Legion, and other recognized war veteran associations, State museums, and municipal corporations, condemned or obsolete ordnance, guns, projectiles, and other condemned or obsolete material which may not be needed in the service of either of said departments.

Such loan or gift shall be made subject to rules and regulations covering the same in each department, and the Government shall be at no expense in connection with any such loan or gift. Act of May 22, 1896 (29 Stat. 133); act of May 26, 1928 (45 Stat, 773); 50 U. 8. C. 67; 34 U. S. C. 546.

This paragraph was not affected by the act of February 28, 1933 (47 Stat. 1370), amending 34 U. s. C. 546 (J. A. G. 400.332, May 31, 1933).

2088. Ordnance and ordnance stores; loan to veterans' organizations. That the Secretary of War is hereby authorized, under rules, limitations, and regulations to be prescribed by him, to loan obsolete or condemned Army rifles, slings, and cartridge belts to posts or camps of organizations composed of honorably discharged soldiers, sailors, or marines, for use by them in connection with the funeral ceremonies of deceased soldiers, sailors, and marines, and for other post ceremonial purposes; and to sell such posts and camps blank ammunition in suitable amounts for said rifles at cost price, plus cost of packing and transportation : Provided, however, That not to exceed ten such rifles shall be issued to any one post or camp. Act of Feb. 10, 1920 (41 Stat. 103); act of June 5, 1920 (41 Stat. 977); 50 U. 8. C. 62.

Provisions for the delivery to certain named posts of the Grand Army of the Republic, cities, towns, villages, public schools, National Guard armories, and United Spanish War Veteran camps of condemned cannon and cannon balls are contained in act of Sept, 8, 1916 (39 Stat. 843), with the proviso that no expense shall be incurred by the United State

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through such delivery, and that such cannon balls shall be subject at all times to the orders of the Secretary of War. A similar law was enacted Mar. 4, 1915 (38 Stat. 1212).

2089. Same; relief of posts from liability.-That the Secretary of War is nereby authorized, at his discretion, in proper cases to relieve posts or camps of organizations composed of honorably discharged soldiers, sailors, or marines, and sureties on bonds, from liability on account of the loss or destruction of obsolete or condemned Army rifles, slings, and cartridge belts loaned by the Secretary of War under authority of the Act approved June 5, 1920 (Forty-first Statutes, pages 976–977), when there is conclusive evidence that the loss has not occurred through negligence. Pub. res. of Dec. 15, 1926 (44 Stat. 922); 50 U. S. C. 620.

The Secretary of War is authorized and directed to give to each post or camp of organizations composed of honorably discharged soldiers, sailors, or marines to which obsolete or condemned Army rifles, slings, or cartridge belts have been loaned under authority of the act entitled “An Act authorizing the Secretary of War to loan Army rifles to posts of the American Legion," approved February 10, 1920, as amended, any such equipment now held by such post or camp, and to cancel and release all obligations to the United States incurred pursuant to such act in connection with loans of such equipment to posts or camps or organizations composed of honorably discharged soldiers, sailors, or marines. Act of May 29, 1931 (48 Stat. 815); act of Aug. So, 1935 (49 Stat. 1013); 50 U, S. O. 62c.

This paragraph was not affected by the act of February 28, 1933 (47 Stat. 1370), amending 34 U. S. C. 546 (J. A. G. 400.332, May 31, 1933).

By Executive Order No. 6166 of June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended, the National Screw Thread Commission was abolished and its records and property transferred to the Department of Commerce.

The text of this section as published in the 1929 Edition, based on act of July 18, 1918 (40 Stat. 912), as amended ; 15 U. S. C. 208a, et seq., is accordingly omitted.

Notes of Decisions

This section covers all obligations arising and their sureties existing prior to its pasby reason of the failure or inability to return sage that have resulted from loss of propproperty because of loss thereof, and has erty covered by bonds of such posts. (1934) the effect of releasing and cancelling all 38 Op. Atty. Gen. 25. claims against posts of the American Legion

2090. Ordnance and ordnance stores; transfer to departments. That upon the request of the head of any department or independent agency of the Government, the Secretary of War be, and he is hereby, authorized to issue arms, suitable accouterments for use therewith, and ammunition whenever they may be required for the protection of the public money and property, and they may be delivered to any officer of the department or independent agency designated by the head of such department or independent agency, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired : Provided, however, That hereafter the cost of all ammunition issued, the cost of repl ing borrowed arms and accouterments which are lost or destroyed or are irreparable, the cost of repairing arms and accouterments returned to the War Department, and the cost to the War Department of making and receiving shipments under the authority of this Act shall be covered by transfer of funds from the department or independent agency concerned to the credit of War Department funds. Sec. 1, act of Mar. 3, 1879 (20 Stat. 412); act of April 14, 1937 (50 Stat. 63); 50 U. 8. C. 61,

Whenever the Ordnance Department, under existing regulations, procures stores for other executive departments or bureaus, including the Philippine Govern

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