Government has a license to the free use of the same, and as to the appropriation which should be charged for such fees. 2. It is stated by the Ordnance Office that it has been the practice of the Ordnance Department to file applications for patents for inventions made by its officers and employees, in the United States Patent Office, under the act of March 3, 1883 (22 Stat. 603, 625), which provides for the granting of patents to officers and employees of the Government without fee, subject to the right of the Government to use the invention free from royalty; that no corresponding provisions exist in Great Britain, France, and Italy, so far as advised, and that unless patents are obtained abroad third persons may obtain such patents on the inventions, resulting in claims against the United States based upon its manufacture and use of the patented article. 3. This office knows of no express authority of law for the payment by the United States of patent fees for securing patents abroad on inventions which the Government has a license to use. Such fees are not, therefore, payable from any Army appropriation or any other specific appropriation under the control of the War Department. The emergency appropriation (40 Stat. 634, 635), expendable in the discretion of the President, for any purpose which he may regard as having to do with the national defense, could, no doubt, be used for the purpose in view. This appropriation is expendable in the discretion of the President, and is available for any purpose which the President may decide to be connected with the national defense, and its expenditure is not limited by the restrictions which are applicable to the expenditure of other appropriations. I am clearly of the opinion, therefore, that it may be used for the purpose in view. 4. Where the invention which it is proposed to patent abroad was not made under circumstances which give the Government a right to the free use of the same, another course would be to procure a license for the use of the same for a consideration, which would cover the expense of obtaining patents abroad, and the payment of the consideration to be conditioned upon the filing of applications or securing patents abroad, as may be deemed necessary to protect the Government in the exercise of the license given. The consideration for such license could be paid as a part of the expense of manufacturing the particular supplies covered by the invention. PUBLIC PROPERTY: Buildings at Army Post Constructed with Private Funds; Soldier Labor. Mess shelters were erected at Fort Terry, N. Y., funds being supplied by the junior division of the Military Training Camps Association, labor being sup plied by soldiers, and all duly authorized by direction of the department commander. Soldier labor can not legally be used in the construction of private buildings. This rule may be assumed to have been in the contemplation of all the parties to the construction of the shelters at the time they were put up and is conclusive against the said association on the point of present title thereto. Title to the buildings in question is in the Government. 601.1. War Department, J. A. G. O., December 31, 1918.-To The Adjutant General. 1. The principal question raised in these papers is whether five mess shelters erected at Fort Terry, N. Y., from funds supplied by the Junior Division of the Military Training Camps Association are the property of the said association or of the Government. Subsidiary thereto is the question as to whether the War Department, which is now using these buildings, is authorized to assume and pay the fire hazard thereupon in consideration of being allowed their use by the said association. This latter question assumes, of course, that the buildings are the property of the association and no reply thereto will be necessary if it be found that the ownership of said buildings is in the Government. 2. It appears from the papers that the erection of these buildings was authorized by the department commander from funds to be supplied by the association, but that the work of construction was done by soldier labor and that the funds were furnished with that understanding. In view of these facts, namely, that all the labor used in the work of construction was soldier labor and that it was with this understanding that the funds were furnished, the usual presumption that, unless it be shown to the contrary, the buildings erected by private parties or associations under license on military reservations remain the property of the licensee is, in the case under consideration, overcome, as soldier labor can not legally be used in the contruction of private buildings. The money supplied for purchasing the material must be held, therefore, to have been devoted by the association to the public use and the buildings to be the property of the Government. 3. It may be added that the above was in effect the view taken also in a report of a board of officers of December 2, 1918, accompanying these papers, appointed for the purpose of investigating the status of these buildings; and besides, that many improvements, alterations, and repairs wholly at Government expense have been made thereto since they were erected with the understanding on the part of the Government's officers that they were public property. WAR RISK INSURANCE: Compensation; Estoppel. The fact that notation, “Officer, soldier, did not desire to execute Form 526, War Risk Insurance," is written or stamped in Adjutant General's Office, Forni 395-1, or Adjutant General's Office, Form 135-3, as required by paragraph 2, Circular 82, War Department, 1918, does not estop the officer or soldier from claiming compensation under Article III of the war-risk insurance act. (40 Stat. 398, 405.) DECEMBER 31, 1918. 004.614. INDEX. ABBREVIATIONS. See Table of, ante, IV. ABSENCE WITHOUT LEAVE: Accidental death of soldier while on, not in line of duty, 963. Competency of oral report of noncommissioned officer to establish, 272. Effect on allotments, 520, 534, 708, 1014. Expense of armed guard sent to apprehend soldier on, 171. Findings of desertion by Adjutant General valid though contrary to records of Military honors denied soldier who dies while on, 901. Morning report as evidence of, 1077. Payment of war risk insurance not affected when death occurs while on, 1052. Time lost need not be made good after completion of sentence of confinement, 1101. Salaries of public accountants payable by Q. M. C., 712. ACCOUNTS: Inspection by field clerks of disbursing officers', 680. ACCUSED: Challenge of members of court by, 823. Conditions justifying release without trial, 126. Identification number of, to appear on charge sheet and record, 386. Immediate release after acquittal, 415, 681. Presence before board of inquiry not necessary if written report submitted, 1062. Right to inspect confidential reports in hands of trial judge advocate, 518. Rights not prejudiced by failure to explain effect of plea of guilty, 88. Sentence not invalidated by incorrect statement of court, 46. Warning of right to testify should appear affirmatively in records, 874. ACCUSER: Officer who signed charges is, 180. ACKNOWLEDGMENTS: Members of State guard drafted into Federal service may not take, by authority of Certificate of authenticity of officer's signature to, 540. ACQUITTAL: Release of accused after, 415, 681. Restoration to duty by commanding officer upon, 415, 681. ACTIVE DUTY. See Duty. ACTS OF CONGRESS. See Table of citations, ante, VI. ADJUTANT GENERAL: Circulars. See Table of citations, ante, XXVI. Findings valid though contrary to records of soldier's organization, 1005. Memoranda. See Table of citations, ante, XXVI. Officer's appointment can not be withdrawn by, 1012. ADJUTANTS: District authorized to administer oaths, 97. Personnel adjutant of unit may not administer oaths, 727. Regiment or battalion adjutants have notarial power in foreign places, 56. ADMINISTRATIVE OFFICERS: May find officer responsible for property though court-martial fails, 474. shipping. 1117 ADVERTISING: Paid from proceeds of sale of Government property, 1077. Detail of graduates in the Signal Corps, 261. Observation of aviation instruction in Europe, 1097. False affidavit of eligibility for Government position a criminal offense, 1040. AGENCY: Authority of civilian employee to contract for Govt., 322. AGENTS: Congressman can not act for United States with corporation if interested, 493. Officers of the Army or Navy not prohibited from furthering claims against the Collision entitles owner of automobile to recover damages, 848. Damage to private property caused by Army airplane, 356. Death of child from airplane accident not a Government liability, 1062. Incidental expenses of officers required to make flights, 495. AIRCRAFT PRODUCTION: Powers of director, 551. AIRCRAFT PRODUCTION, BUREAU OF: Delegation of power to sell supplies, 537. Expenses of employees on special duty away from post, 603. ALCOHOLIC LIQUORS. See Intoxicants. ALIEN PROPERTY CUSTODIAN : Estates of deceased interned alien enemies, 723. ALIENS: Alsatian not permitted to enlist in United States Army, 602. Austrian subject to military law after failure to claim exemption, 21. Austrian whose declaration of intention was obsolete subject to draft, 49. Citizens of allied countries eligible for enlistment, 817. Citizenship. See Citizenship. Commission in National Army not invalidated, 663. Commission in Officers' Reserve Corps not allowed, 360, 845. Declarants not permitted to enlist in Navy, 871. Draft obligation of British subject, 683. ENEMY Austrians and Hungarians not permitted on Government piers, 223. Decision of local draft board final as to alienage, 74. Deportation of aliens carrying information for the enemy, 522. Discharge for good of service although exemption was waived, 718. Erroneous induction does not authorize release from military prison, 1036. Estates of deceased interned alien enemies, 723. German citizens not permitted to enlist in U. S. Army, 602. German civilian prisoner not entitled to officers' pay, 642. Induction not error of local draft board, 776. Interned, suspected of bomb making triable by court-martial, 174. Naturalization rests with Bureau of Naturalization, 881. Naturalization while in Army, 724. Nondeclarant guilty of absence without leave may be discharged as, 838. Reentry into service after discharge only by voluntary enlistment, 1081. Transfer of interned German reserve officers to officers' camps, 581, 840. Interned civilian aliens not prisoners of war, 522. Japanese may be given oath of enlistment, 1068. |