heads of departments and establishments not to exceed an average of $8 per day during the travel, exclusive of absence on leave. Actual expenses and per diem allowance under this section for any travel performed within the limits of continental United States shall be in accordance with the rates prescribed in sections 3 and 4 of this Act. Sec. 5, act of June 3, 1926 (44 Stat. 689); U. S. C. 5: 825. The heads of departments and establishments may prescribe a per diem allowance of not to exceed $7 in lieu of the actual expenses authorized by section 5. Sec. 6, act of June 3, 1926 (44 Stat. 689); U. S. C. 5: 826. The allowance and payment of actual expenses and the fixing and payment of per diem allowance, or portions thereof, shall be in accordance with the regulations which shall be promulgated by the heads of departments and establishments, and which shall be standardized as far as practicable, and shall not be effective until approved by the President of the United States. Sec. 7, act of June 3, 1926 (44 Stat. 689); U. S. C. 5: 827. The heads of departments and establishments, under regulations which shall be prescribed by the Secretary of the Treasury for the protection of the United States, may advance through the proper disbursing officers from applicable appropriations to any person entitled to actual expenses or per diem allowance under this Act such sums as may be deemed advisable considering the character and probable duration of the travel to be performed. Any sums so advanced shall be recovered from the person to whom advanced, or his estate, by deduction from any amount due from the United States or by such other legal method of recovery as may be necessary. Sec. 8, act of June 3, 1926 (44 Stat. 689); U. S. C. 5: 828. All laws or parts of laws which are inconsistent with or in conflict with the provisions of this Act, except such laws or parts of law as specially fix or now permit rates higher than the maximum rates established in this Act, are hereby repealed or modified only to the extent of such inconsistency or conflict. Sec. 9, act of June 3, 1926 (44 Stat. 689); U. S. C. 5: 829. Notes of Decisions tiff traveled from Washington, D. C., to Alexandria, Va., at 11 a. m. and returned at 2 p. m. of the same day, on public business, he is entitled to reimbursement for a meal paid for at Alexandria. Ward v. U. S. (1925), 60 Ct. Cl. 1002. Subsistence allowance on short absence.Where the Secretary of Agriculture, under proper authority, issued a regulation providing for the reimbursement of subsistence paid by an employee of the Government while traveling on public business and plain1632. Same; employees transferred from one official station to another.-Appropriations for the fiscal year 1930 available for expenses of travel of civilian officers and employees of the executive departments and establishments shall be available also for expenses of travel performed by them on transfer from one official station to another when authorized by the head of the department or establishment concerned in the order directing such transfer: Provided, That such expenses shall not be allowed for any transfer effected for the convenience of any officer or employee. Sec. 2, Title II, act of Dec. 20, 1928 (45 Stat. 1055), making appropriations for the Treasury and Post Office Departments. * * Pro A similar provision appeared in the deficiency act of Dec. 22, 1927 (45 Stat. 50). 1633. Same; expert accountant, Inspector General's Department.-* vided, That hereafter * * * the expert accountant, Inspector General's Department, shall receive mileage at the same rates and under the same condi tions as is provided by law for officers of the Army: Aug. 24, 1912 (37 Stat. 575); U. S. C. 10: 746. Sec. 1, act of 1634. Travel by sea.-Any officer of the United States traveling on official business overseas to foreign countries, or to any of the possessions of the United States, shall travel and transport his personal effects on ships registered under the laws of the United States when such ships are available, unless the neces sity of his mission requires the use of a ship under a foreign flag: Provided, That the Comptroller General of the United States shall not credit any allowance for travel or shipping expenses incurred on a foreign ship in the absence of satisfactory proof of the necessity therefor. Sec. 601, act of May 22, 1928 (45 Stat. 697); U. S. C. 46: 891r. CHAPTER 30 PUBLIC BUILDINGS AND PUBLIC GROUNDS IN THE DISTRICT OF COLUMBIA Office of the Director of Public Buildings and Public Parks of the National Capital: Establishment and duties, 1635. Assignment of employees, 1636. Director of Public Buildings and Public Parks: Reports to Secretary of War, 1637. To be secretary and executive officer of Park system: Custody and description, 1640. Extension and development, 1641. Lease of lands acquired for park pur poses, 1643. Traffic regulation, 1644. United States Park Police, 1645. Public bathing beaches, 1646. Public buildings and grounds; custody, 1647. Public buildings: Assignment of space, 1648. Care, maintenance, and protection, 1649. Public grounds: Regulations for care, 1652. Erection of buildings prohibited, 1653. Erection of buildings on adjoining restricted, 1654. Transfer of jurisdiction Changes in records, 1655. Mall parkway, 1657. Use for widening adjacent streets, 1658. Public works and improvements: Custody, regulations, and expenditures, 1659. Roads and streets: Jurisdiction over B Street, Washington, D. C., 1660. Troops to have right of way, 1662, 1635. Office of the Director of Public Buildings and Public Parks of the National Capital; establishment and duties.-That the office of Public Buildings and Grounds under the Chief of Engineers, United States Army, and the office of Superintendent of the State, War, and Navy Department Buildings are hereby consolidated into a single office and shall hereafter be designated as the Office of Public Buildings and Public Parks of the National Capital. The Superintendent of the State, War, and Navy Department Buildings and the officer in charge of Public Buildings and Grounds shall hereafter be designated as the Director of Public Buildings and Public Parks of the National Capital, and shall be assigned by the President from the officers of the Corps of Engineers for duty in this position as now provided by law for the officer in charge of Public Buildings and Grounds and the superintendent of the State, War, and Navy Department Buildings. Sec. 1, act of Feb. 26, 1925 (43 Stat. 983); U. S. C. 40: 2. The commission in charge of the State, War, and Navy Department Building, established by the Act approved March 3, 1883, is hereby abolished and all powers and duties conferred and imposed by law upon such commission and the Superintendent of the State, War, and Navy Department Buildings shall hereafter be exercised and performed by such director, under the general direction of the President of the United States. Sec. 2, act of Feb. 26, 1925 (43 Stat. 983); U. S. C. 40: 3. The office of Public Buildings and Grounds, under the direction and control of the Chief of Engineers of the United States Army, is hereby abolished, and all authority, powers, and duties conferred and imposed by law upon the Secretary of War or upon the Chief of Engineers of the United States Army in relation to the construction, maintenance, care, custody, policing, upkeep, or repair of public buildings, grounds, parks, monuments, or memorials in the District of Columbia, together with the authority, powers, and all duties and powers conferred and imposed by law upon the officer in charge of public buildings and grounds, shall be held, exercised, and performed by the Director of Public Buildings and Public Parks of the National Capital, under the general direction of the President of the United States. Sec. 3, act of Feb. 26, 1925 (43 Stat. 983); U. S. C. 40: 4. 1636. Same; assignment of employees.-The Superintendent of the State, War, and Navy Department Building may from time to time alter the distribution among the various office buildings under his direction and control of the employees allowed by law as he may find it necessary and proper to do. Sec. 1, act of July 8, 1918 (40 Stat. 831); U. S. C. 40: 7. The powers and duties of the Superintendent of the State, War, and Navy Building were transferred to the Director of Public Buildings and Public Parks by sec. 2, act of Feb. 26, 1925 (43 Stat. 983), 1635, ante. 1637. Director of Public Buildings and Public Parks; reports to Secretary of War. The Chief of Engineers shall, as Superintendent of Public Bu'ldings and Grounds, and as Superintendent of the Washington Aqueduct, annually submit the following reports to the Secretary of War in time to accompany the annual message of the President to Congress, namely: First. A report of his operations for the preceding year, with an account of the manner in which all appropriations for public buildings and grounds have been applied, including a statement of the number of public lots sold, or remaining unsold each year, of the condition of the public buildings and grounds, and of the measures necessary to be taken for the care and preservation of all public property under his charge. Second. A report of the condition, progress, repairs, casualties, and expenditures of the Washington Aqueduct and other public works under his charge. R. S. 1812; U. S. C. 40: 20, 50. The powers and duties of the office of Public Buildings and Grounds were transferred to the Director of Public Buildings and Public Parks, by 1635, ante. 1638. Same; supervision of Government telegraph line. That the lines of telegraph, connecting the Capitol with the various departments in Washington, constructed under and by virtue of the Act of Congress approved March third, eighteen hundred and seventy-three, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes,” be, and the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds; and that the said officer be authorized and empowered to make rules and regulations for the working of said lines. Act of Feb. 4, 1874 (18 Stat. 14); U. S. C. 40: 28. No such lines of telegraph are, of course, now in operation, but the act has never been repealed. Sale of condemned material or lines not needed by the departments is authorized by sec. 1, act of Mar. 3, 1879 (20 Stat. 388). 1639. Same; to be secretary and executive officer of Fine Arts Commission.— To meet the expenses made necessary by the Act approved May seventeenth, nineteen hundred and ten, entitled "An Act establishing a commission of Fine Arts," to be disbursed by the officer in charge of public buildings and grounds, on vouchers approved by the commission, who shall be the secretary and shall act as the executive officer of said commission, *. Sec. 1, act of June 25, 1910 (36 Stat. 728); U. S. C. 40: 105. * By 1635, ante, the duties of the officer in charge of public buildings and grounds were thereafter to be performed by the Director of Public Buildings and Public Parks. 1640. Park system; custody and description.-That the park system of the District of Columbia is hereby placed under the exclusive charge and control of the Chief of Engineers of the United States Army, under such regulations as may be prescribed by the President of the United States, through the Secretary of War. The said park system shall be held to comprise: (a) All public spaces laid down as reservations on the map of eighteen hundred and ninety-four accompanying the annual report for eighteen hundred and ninety-four of the officer in charge of public buildings and grounds; (b) All portions of the space in the streets and avenues of the said District, after the same shall have been set aside by the Commissioners of the District of Columbia for park purposes. Provided, That no areas less than two hundred and fifty square feet between sidewalk lines shall be included within the said park system, and no improvements shall be made in unimproved public spaces in streets between building lines or building lines prolonged until the outlines of such portions as are to be improved as parks shall have been laid out by the Commissioners of the District of Columbia: And provided further, That the Chief of Engineers is authorized temporarily to turn over the care of any of the parking spaces included in Classes (a) and (b) above, to private owners of adjoining lands under such regulations as he may prescribe and with the condition that the said private owners shall pay special assessments for improvements contiguous to such parking, under the same regulations as are or may be prescribed for private lands: *. Sec. 2, act of July 1, 1898 (30 Stat. 570), as amended by act of Apr. 14, 1906 (34 Stat. 112); U. S. C. 40: 75. Rock Creek Park was established under the joint control of the Commissioners of the District of Columbia and the Chief of Engineers by the act of Sept. 27. 1890 (26 Stat. 492). Potomac Park was established by the act of Mar. 3, 1897 (29 Stat. 624), and was placed under the control of the Chief of Engineers by the act of Aug. 1, 1914 (38 Stat. 634), making appropriations for sundry civil expenses. By sec. 4 of the act of Feb. 24, 1925 (43 Stat. 975), the Arlington Memorial Bridge Commission is authorized to transfer to the park system under the Chief of the Engineers all or such portions of Government-owned lands which it may occupy for the bridge project authorized by said act, as the commission may decide to be necessary. By sec. 3. act of Feb. 26, 1925 (43 Stat. 983), 1635, ante, the Director of Public Buildings and Public Parks takes the place of the Chief of Engineers. Notes of Decisions Special assessments.-The fact that a public park in the District of Columbia is dedicated by act of Congress creating it to the use and enjoyment of the people of the United States does not withdraw it from the rule as to special assessments applicable in cases of streets and highways, but such assessments may be left to aid in the purchase and improvement of the property. Craighill v. Lambert (1898), 168 U. S. 611. * there is hereby constituted 1641. Same; extension and development.-* a commission to be known as the National Capital Park and Planning Commission, composed of the Chief of Engineers of the Army, the Engineer Commissioner of the District of Columbia, the Director of the National Park Service, the Chief of the Forest Service, the Director of Public Buildings and Public Parks of the National Capital, the chairmen of the Committees on the District of Columbia of the Senate and House of Representatives, and four eminent citizens |