atorium facilities for discharged sick and disabled soldiers, sailors, and marines." Sec. 1, act of Mar. 15, 1920 (41 Stat. 530); 24 U. S. C. 29.

By 2073, post, expenses in connection with the issue of property under the third paragraph of this section were not to be borne by the War Department.

2034. Aircraft and appurtenances; issue or loan to museums or educational institutions. That the Secretary of War be, and he is hereby, authorized in his discretion to transfer or loan to museums or properly accredited schools, colleges, and universities, for exhibition or instructional purposes, any aircraft, aircraft parts, instruments, or engines that have become obsolete or impaired to the extent that repair would not be economical: Provided, That such aircraft, aircraft parts, or engines will not be used in actual flight: Provided further, That no expense shall be caused the United States Government by the transfer or loan or return of said property. Act of May 26, 1928 (45 Stat. 753); 20 U. S. C. 94. 2035. Aircraft and appurtenances; transfer to Post Office Department.--That the Secretary of War is authorized hereafter, in his discretion, to deliver and turn over to the Postmaster General, without charge therefor, from time to time, such aeroplanes, and parts thereof, and machinery and tools to repair and maintain the same, as may be suitable for use in the Postal Service; and the Postmaster General is authorized to use the same in the transportation of the mails and to pay the necessary expenses thereof, including the replacement, maintenance, exchange, and repair of such equipment, out of any appropriation available for the service in which such vehicles or aeroplanes are Sec. 8, act of July 2, 1918 (40 Stat. 753); sec. 3, act of Apr. 24, 1920

used.

(41 Stat. 583); 39 U. S. C. 504.

2036. Aircraft supplies; sale in emergencies.-The head of any Government department or other independent establishment having jurisdiction over any airport or emergency landing field owned or operated by the United States may provide for the sale to any aircraft of fuel, oil, equipment, and supplies, and the furnishing to it of mechanical service, temporary shelter, and other assistance under such regulations as the head of the department or establishment may prescribe, but only if such action is by reason of an emergency necessary to the continuance of such aircraft on its course to the nearest airport operated by private enterprise. All such articles shall be sold and such assistance furnished at the fair market value prevailing locally, as ascertained by the head of such department or establishment. All amounts received under this subdivision shall be covered into the Treasury; but that part of such amounts which, in the judgment of the head of the department or establishment, is equivalent to the cost of the fuel, oil, equipment, supplies, services, shelter, or other assistance so sold or furnished shall be credited to the appropriation from which such cost was paid, and the balance, if any, shall be credited to miscellaneous receipts. Sec. 5 (d), act of May 20, 1926 (44 Stat. 571); 49 U. S. C. 175.

Notes of Decisions

On question of the authority of the Army | lack or shortage of fuel, oil, equipment, or Air Corps, in the Canal Zone to repair supplies, apparent when assistance is reand service private airplanes, commercial quested, is sufficient to justify its rendition airplanes and airplanes of the Republic of provided that the need has reasonable relaPanama, Held, That under this section the tion to some actual and definite flight. existence of a state of disrepair or other Sales beyond this limitation are not authorinappropriateness for safe flight, including ized. (1934) 38 Op. Atty. Gen. 146.

2037. Ammunition; exchange.-That the Secretary of War be, and he is hereby, authorized to exchange deteriorated and unserviceable ammunition and

components thereof for ammunition or components thereof in condition for immediate use. Sec. 1, act of June 1, 1926 (44 Stat. 680); 10 U. S. C. 1209.

2038. Ammunition; reclamation.-The Secretary of War is further authorized. by contract or otherwise, to reclaim, by reworking, reconditioning, or otherwise converting into usable form, either in complete rounds or in serviceable components, such deteriorated and unserviceable ammunition and components thereof as it may not be advisable to have so exchanged, and to pay either the whole or part of the cost thereof through the exchange of deteriorated and unserviceable components not desired to retain. Scc. 2, act of June 1, 1926 (44 Stat. 680); 10 U. S. C. 1210.

The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1368), making appropriations for the support of the War Department, 10 U. S. C. 1121a, is not repeated in the corresponding act for the fiscal year 1932.

2039. Ammunition; storage. The Secretary of War and the Secretary of the Navy, through a joint board of officers appointed by them, shall keep advised of storage supplies of ammunition and components thereof for use of the Army and Navy, with special reference to keeping such supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property within and without storage reservations. Such board shall advise and confer with such Secretaries in the execution of the recommendations contained in House Document Numbered 199, Seventieth Congress. Sec. 1, act of May 29, 1928 (45 Stat. 928); 50 U. S. C. 83.

The act of May 14, 1937 (50 Stat. 166), authorizes appropriations for the improvement of ammunition storage facilities at Camp Stanley, Texas, and Savanna, Illinois, Ordnance Depot.

2040. Ammunition; issue to militia. That the troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military commander. Sec. 21, act of Jan. 21, 1903 (32 Stat. 779) ; 32 U. S. C. 71.

2041. Ammunition; transfer to departments.-That the Secretary of War be, and he is hereby, authorized to turn over on request from other executive departments of the Government, in his discretion, from time to time, without charge therefor, such ammunition, explosives, and other ammunition components as may prove to be or shall become surplus or unsuitable for the purposes of the War Department and as shall be suitable for use in the proper activities of other executive departments. Ch. IV, act of July 11, 1919 (41 Stat. 130); 10 U. S. C. 1251.

2042. Animals; disposition when unfit for service.-That notwithstanding the first proviso in the fourth paragraph under the heading "Division of Supply" in title I of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1930, and for other purposes," approved December 20, 1928 (45 Stat. 1030), horses and mules belonging to the United States which have become unfit for service may be destroyed or put out to pasture. Act of June 15, 1938 (52 Stat. 693); 40 U. S. C. 311b.

For provision of the act of December 20, 1928, referred to, see 1927, ante.

2043. Animals; issue to National Guard.-Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of animals

conforming to the Regular Army standards for the training of the National Guard, said animals to remain the property of the United States and to be used solely for military purposes. The number of animals so issued shall not exceed thirty-two for each battery of Field Artillery or troop of Cavalry, and a proportionate number of other mounted organizations, under such regulations as the Secretary of War may prescribe; and the Secretary of War is further authorized to issue, in lieu of purchase, for the training of such organizations, condemned Army animals which are no longer fit for service, but which may be suitable for the purposes of instruction, such animals to be sold as now provided by law when said purposes shall have been served. Sec. 89, act of June 3, 1916 (39 Stat. 205); sec. 45, act of June 4, 1920 (41 Stat. 783); 32 U. S. C. 40. The act of Mar. 4, 1915 (38 Stat. 1071), provided that

"The Secretary of War may, under the provisions of this Act and such regulations as he may prescribe, issue to the Field Artillery organizations hereinbefore mentioned and without cost to the State, condemned Army horses which are no longer fit for service but may still be suitable for purposes of instruction, the same to be sold as now provided by law when the latter purpose has been served."

Provision for issue of public animals to the National Guard is found in sec. 83 of the national defense act, 2027, ante.

The text of this section as published in the 1929 Edition, based on act of February 28, 1929 (45 Stat. 1362), making appropriations for the War Department, is not repeated in the corresponding act for the fiscal year 1935 or thereafter.

Notes of Decisions

In general. This section, together with | nuisance the maintenance of a troop of Na1269, ante, has been cited arguendo in con- tional Guard cavalry within the limits of a nection with a holding that the State is a municipality. Parr v. Dunlap (Tex., 1930), necessary party to a suit to enjoin as a 26 S. W. (2d) 1082.

Provided,

2044. Animals; issue to Reserve Officers' Training Corps.-* That the Secretary of War is authorized to issue, without charge, in lieu of purchase, for the use of the Reserve Officers' Training Corps, so many horses now belonging to the Regular Army as he may consider desirable: * * Title I, act of Feb. 23, 1931 (46 Stat. 1299), making appropriations for the War Department.

The above provision has been repeated in subsequent appropriation acts.

The text of this section as published in the 1929 Edition, based on Army appropriation act of May 12, 1917 (40 Stat. 43); U. S. C. 1272, is omitted as superseded by chapter I, act of July 9, 1918 (40 Stat. 849), 2015, ante. (J. A. G. 400.22, May 19, 1933.)

2045. Books; transfer to libraries.-The head of any executive department or bureau or any commission of the Government is hereby authorized from time to time to turn over to the Librarian of Congress, for the use of the Library of Congress, any books, maps, or other material in the library of the department, bureau, or commission no longer needed for its use, and in the judgment of the Librarian of Congress appropriate to the uses of the Library of Congress. Any books of a miscellaneous character no longer required for the use of such department, bureau, or commission, and not deemed an advisable addition to the Library of Congress, shall, if appropriate to the uses of the Free Public Library of the District of Columbia, be turned over to that library for general use as a part thereof. Sec. 1, act of Feb. 25, 1903 (32 Stat. 865) ; 2 U. S. C. 148; 5 U. S. C. 110.

2046. Captured war material; issue to States and Territories.-That the Secretary of War be, and he is hereby, authorized and directed to apportion and distribute pro rata among the several States and Territories, and possessions of the United States and the District of Columbia in corresponding ratio as the total number of men serving in the armed forces of the United States, as herein

after provided, from each State, Territory, or possession of the United States and the District of Columbia bears to the total number of men so serving from all States, Territories, possessions, and the District of Columbia, all guns and howitzers with their respective carriages, machine guns, and other war devices and trophies suitable for distribution and captured by or surrendered to the armed forces of the United States from the armed forces of Germany and allied nations, with the exception of such guns, howitzers, carriages, machine guns, and other war devices and trophies as may be required for experimental purposes, or for actual use by the armed forces of the United States; and the further exception of such of the devices aforementioned as may be required for display in national museums, at national homes for disabled volunteer soldiers, or for monumental purposes in Arlington National Cemetery and in other national cemeteries, national parks, and national monuments wheresoever situated. Sec. 1, act of June 7, 1924 (43 Stat. 597); 5 U. S. C. 203.

That for the purposes of this Act the reports heretofore compiled under the direction of the Secretary of War showing the number of men in the armed forces of the United States accredited to each State, Territory, and possession of the United States, and to the District of Columbia, either by enlistment or by the process of the Selective Service Act, or otherwise drawn into and becoming an integral part of the armed forces of the United States during the period April 7, 1917, to November 11, 1918, and the allotment of war trophies suitable for distribution among the several States, Territories, and possessions, and the District of Columbia, shall serve as the basis of distribution. As soon as practicable after the date upon which this Act shall become effective the Secretary of War shall cause the chief executive of each of the several States, Territories, and possessions, and the Commissioners of the District of Columbia to be informed of the character and quantity of war devices and trophies apportioned thereto, and shall invite each such chief executive and the Commissioners of the District of Columbia to designate such material as will be accepted free on board common carrier at the point of storage and to designate the point or points to which the accepted material is to be shipped without expense to the United States other than that of packing and loading at the point of storage: Provided, That the Secretary of War is authorized to apportion and distribute such war devices and trophies, formerly contemplated by the said reports heretofore compiled as unsuitable for distribution as trophies, as he deems suitable for distribution, and to include the Canal Zone in such apportionment and distribution. Sec. 2, act of June 7, 1924 (43 Stat. 597); act of May 22, 1926 (44 Stat. 615) ; 5 U. S. C. 204.

Shipment of the apportionment of each State, Territory, and possession, and the District of Columbia accepted shall be made as soon as practicable after the chief executive or the commissioners thereof, as the case may require, shall have informed the Secretary of War that such State, Territory, possession, or District will accept and take possession thereof as hereinbefore provided for and will relieve the United States of all responsibility for the safe delivery of the material and of all charges, costs, and expenses whatsoever connected with the transportation thereof: Provided, That if the chief executive or the commissioners of any State, Territory, possession, or District shall not, on or before July 1, 1927, file with the Secretary of War such acceptance and agreement, such apportionment, or any part thereof, shall be reapportioned and redistributed to the several States, Territories, and possessions of the United States, the District of Columbia, and the Canal Zone as the Secretary of War shall determine, and any residue not accepted or rejected on or before July 1, 1928, shall be sold as surplus property as it then is and where it then is, or shall be de

stroyed, all as the Secretary of War, in his discretion, shall determine; war devices and trophies considered by the Secretary of War as unsuitable for distribution under this Act may be sold or otherwise disposed of. Sec. 3, act of June 7, 1924 (43 Stat. 598); act of May 22, 1926 (44 Stat. 615) ; 5 U. S. C. 205. That all charges for apportioning, segregating, packing, and loading war trophies and devices for distribution to the designated point or points within each of the several States, Territories, and possessions, and the District of Columbia, as provided for herein, and for transportation to national museums, national homes for disabled volunteer soldiers, national cemeteries, and national parks, and for the disposition of undistributed war devices and trophies shall be paid by the United States Government from an appropriation to be made for that purpose. Sec. 4, act of June 7, 1924 (43 Stat. 598); 5 U. S. C. 206.

That the Secretary of War be, and he is hereby authorized to make all rules and regulations to carry this Act into effect. Sec. 5, act of June 7, 1924 (43 Stat. 598); 5 U. S. C. 207.

By joint resolution of Apr. 26, 1926 (44 Stat. 327), the Secretary of War is directed to allot and deliver, without cost to the United States, "a representative collection of captured and surrendered war devices and trophies of the World War" to the National Museum of the American Legion at its national headquarters, subject, except as otherwise therein provided, to the general provisions above set forth as to acceptance, shipment, and delivery.

The first paragraph of this section as published in the 1929 Edition, based on section 1, act of February 28, 1919 (40 Stat. 1194), 39 U. S. C. 467, is omitted as executed. (J. A. G. 010.3, Oct. 20, 1930, p. 129).

For second paragraph, see 2035, ante.

2047. Commissary supplies; sale to Army personnel.-The officers of the Subsistence Department shall procure and keep for sale to officers and enlisted men at cost prices, for cash or on credit, such articles as may, from time to time, be designated by the inspectors-general of the Army. An account of all sales on credit shall be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General. R. S. 1144; 10 U. S. C. 1237.

Commissioned officers of the Army, serving in the field, may purchase rations for their own use, from any commissary of subsistence, on credit, at cost prices; and the amounts due for such purchases shall be reported monthly to the Paymaster-General. R. S. 1145; 10 U. S. C. 1232.

* Provided, That hereafter all sales of subsistence supplies to officers and enlisted men shall be made at cost price only; and the cost price of each article shall be understood, in all cases of such sales, to be the invoice price of the last lot of that article received by the officer making the sale prior to the first day of the month in which the sale is made. * Act of July 5, 1884 (23 Stat. 108); 10 U. S. C. 1238.

* Provided, That hereafter authorized sales of clothing and other quartermaster supplies shall be at the average current prices, plus all overhead costs, to be determined and fixed by the Secretary of War. Act of June 30, 1922 (42 Stat. 729); 10 U. S. C. 1231.

R. S. 1144, considered in connection with the provisions of the act of Apr. 27, 1914, ante, 1690, is held to authorize the sale of any article which may lawfully be purchased by the Quartermaster Corps, providing that such article has been designated by the inspectors-general, in accordance with Army Regulations. Op. J. A. G. 400.321, June 15,

1923.

The duties of the Paymaster General are now performed by the Chief of Finance. See 70, ante.

2048. Commissary supplies; sale to Coast Guard personnel.-Officers and enlisted men of the Coast Guard shall be permitted to purchase quartermaster supplies from the Army, Navy, and Marine Corps at the same price as is