vessels a register as a vessel of the United States. Act of May 12, 1917 (40 Stat. 73).

154a. Reapportionment of space in the State, War, and Navy Department Building.-The commission in charge, or a majority of the members thereof, may at any time reapportion space among the departments now occupying the State, War, and Navy Department Building if the same can be done with a reduction of the amount of floor space occupied by any branch of the public service in said building, the reduction or avoidance of public expense for rent of office or storage space for the Government, and the reduction of the number of watchmen required for said building from forty to not more than thirty-eight. Act of May 10, 1916 (39 Stat. 94).

154b. Same-No department or branch of the service to be ejected. No arrangement of space made hereunder shall involve the ejectment from the building of any department or branch of the public service now occupying the same. Id.

154c. Same-Vacated rooms not to be used for museum purposes.No rooms vacated under any arrangement of space hereunder shall be used for museum purposes. Id.

154d. Temporary office building for use of War and Navy Departments. For temporary office buildings, including heating and lighting, for the use of the War and Navy Departments, to contain approximately one million and fifty-five thousand square feet, to be erected under the direction of the Secretary of War in Henry Park, reservation numbered four, Sixth and B Streets, $2,000,000. Space in said building shall be allotted by the officer in charge of Public Buildings and Grounds upon the joint order of the Secretary of War and the Secretary of the Navy: Provided, That within two years after the conclusion of the existing war, the land above referred to shall again be reserved for the erection of the George Washington Memorial Hall. Act of Oct. 6, 1917 (40 Stat. 368).

155a. Bureau of Insular Affairs, existing law relating to organization of not repealed.-Nothing in this Act shall be construed to repeal existing laws relating to the organization of the Bureau of Insular Affairs of the War Department. Sec. 14, act of June 3, 1916 (39 Stat. 176).

(For provision of section 3, act of October 6, 1917, giving the Chief of Bureau of Insular Affairs the rank, pay, and allowances of a major general, see paragraph 373a, post.)

162a. Claims for damage to and loss of private property, settlement of by Auditor for War Department on recommendation of Secretary of War.-For payment of claims for damages to and loss of private property incident to the training, practice, and operations of the Army that have accrued, or may hereafter accrue, from time to time, to be immediately available and to remain available until

expended: Provided, That settlement of such claims shall be made. by the Auditor for the War Department, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages,1 *. Act of Aug. 29, 1916 (39 Stat.

639).

(The Army appropriation act of May 12, 1917, and the urgent deficiencies act of October 6, 1917 (40 Stat. 59, 364), contain similar provisions.)

'Claims for loss of tools of workmen, which were destroyed by fire when the base hospital at Camp Bowie, Tex., was burned, are not claims for damages to, or for loss of, private property incident to the training, practice, or operation of the Army within the meaning of the Army appropriation act of May 12, 1917, or the urgent deficiency appropriation act of October 6, 1917. (Dig. Opin. J. A. G., January, 1918.)

A claim was made for damages due to the occupation of land as a camp ground by troops, the removal of trees therefrom, and the construction thereon of roads and latrines. The property was occupied without any formal lease and there was no agreement as to any payment for its use or for the timber that might be cut thereon. A board of officers convened for the purpose of investigating the said claim found that the land used was necessary for the encampment of troops, that the trees cut were removed by order of the camp commander, and that the amount of the claim was reasonable and just. Held, that such claim is payable from, and pursuant to the provisions of, the appropriation for damages to and loss of private property incident to the training, practice, and operations of the Army contained in the urgent deficiencies act of October 6, 1917 (40 Stat. 345, 364). (Id., February, 1918.)

166a. Civil service examinations hereafter to be held in State of applicant.-Hereafter all examinations of applicants for positions in the Government service, from any State or Territory, shall be had in the State or Territory in which such applicant resides, and no person shall be eligible for such examination or appointment unless he or she shall have been actually domiciled in such State or Territory for at least one year previous to such examination. Sec. 7, act of June 29, 1909 (36 Stat. 3).

169a. Persons not to receive two salaries in excess of two thousand dollars; exceptions.-Unless otherwise specially authorized by law no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers of the Army, Navy, or Marine Corps whenever they may be appointed or elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia.1 Sec. 6, act of May 10, 1916 (39 Stat. 120).

1Held, that in the case of a retired enlisted man of the Army his pay as such is not salary within the meaning of the above statute, also that a pension is not a salary within its inhibition. (Comp. W. W. Warwick, June 3, 1916; War Dept. Bull. 18, July 8, 1916.)

In the case of a quartermaster clerk who held a commission in the National Guard and was mustered into the Federal service, Held, that upon his muster into the Federal service he ceased to be a member of the National Guard, within the meaning of the Act of May 10, 1916, and became an officer of the Army, and

169b. Same-Amended so as not to apply to services heretofore rendered. Unless otherwise specially authorized by law, no money appropriated by this or any other Act shall be available for payment to any person receiving more than one salary when the combined amount of said salaries exceeds the sum of $2,000 per annum, but this shall not apply to retired officers or enlisted men of the Army, Navy, Marine Corps, or Coast Guard, or to officers and enlisted men of the Organized Militia and Naval Militia in the several States, Territories, and the District of Columbia: Provided, That no such retired officer, officer, or enlisted man shall be denied or deprived of any of his pay, salary, or compensation as such, or of any other salary or compensation for services heretofore rendered by reason of any decision or construction of said section six.1 Act of Aug. 29, 1916 (39 Stat. 582), amending sec. 6, act of May 10, 1916 (39 Stat. 120).

as such was subject to the prohibition of that act. (Comp. Treas., Jan. 3, 1917; War Dept. Bull. 9, Feb. 2, 1917.)

On the question whether a civil employee of the War Department who enlists In the Engineer Enlisted Reserve Corps can be given leave of absence with pay in his civil status while he is receiving training as a member of said corps and at the same time receive pay in his military status,

Held, that there can be no legal objection to his receiving the compensation of both places if the training is performed within his annual leave allowance, provided the combined compensation of both places does not exceed the sum of $2,000, so as to come within the prohibition of section 6 of the act of May 10, 1916, as amended (39 Stat., 582); that as the two positions are entirely distinct each with its own compensation and duties, the case does not come within the prohibitions of sections 1763, 1764, and 1765, Revised Statutes; and that the military position is not an office within the meaning of the act of July 31, 1894 (28 Stat., 205), so as to preclude a civil employee, if his salary should be $2,500 or more, from being a member of the Enlisted Reserve Corps. (War Dept. Bull. 18, Apr. 6, 1917.)

1

A provision in the act of September 8, 1916 (39 Stat. 821), excepts A. B. Fry, a consulting engineer in another branch of the Federal service, from the restrictions against his employment and payment in the Immigration Service at Ellis Island, N. Y. And by section 9, urgent deficiencies act of October 6, 1917 (40 Stat. 384), teachers in the public schools of the District of Columbia whơ are employed as teachers of night schools and vacation schools are excepted from the provisions of the section.