914. Distinguished-Flying Cross.

By act of June 9, 1930 (46 Stat. 530), the provision in Executive Order No. 4576, of January 28, 1927, establishing a limiting period of two years from the date of the act or achievement meriting the award for the initiation of a recommendation for such award, was waived in favor of the personnel of the Alaskan Aerial Survey Expedition of the Navy. Distinguished-Flying Crosses in recognition of trans-Atlantic flights were authorized to be presented to Amelia Earhart Putnam by resolution of July 2, 1932 (47 Stat. 571), and to Russell N. Boardman and John L. Polando by act of July 11, 1932 (47 Stat. 655); and in recognition of their airplane flight around the world to Wiley Post and Harold Gatty by the latter act.

By act of April 10, 1935 (49 Stat. 152), the President was authorized to present Distinguished Flying Crosses to Air Marshal Italo Balbo and General Aldo Pellegrini, of the Royal Italian Air Force, in recognition of their formation flight with twenty-four sea planes to the United States and back to Italy.

915. National Guard medal.-That the Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device and ribbon, to be presented to each of the several officers and enlisted men, and families of such as may be dead, of the National Guard who, under the orders of the President of the United States, served in the War with Spain, and who have received an honorable discharge from the service, and who served on the Mexican border in the years nineteen hundred and sixteen and nineteen hundred and seventeen and who are not eligible to receive the Mexican service badge heretofore authorized by the President: Provided, That such medals shall not be issued to men who have, subsequent to such service, been dishonorably discharged from the service or deserted: Chap. I, act of July 9, 1918 (40 Stat. 873), making appropriations for the War Department, as amended by act of May 14, 1934 (48 Stat. 776); U. S. C. 10: 1413.

*

The first paragraph of this section has been amended to read as above.

916. Philippine Congressional Medal.

"U. S. C. 10: 1413a" should be added to the citation to this section, based on section 1, act of June 29, 1906 (34 Stat. 621) (J. A. G. 010.3, Nov. 12, 1929, p. 219).

925a. Unauthorized manufacture, sale, or possession of official insignia.—That hereafter the manufacture, sale, or possession of any badge, identification card, or other insignia, of the design prescribed by the head of any department or independent office of the United States for use by any officer or subordinate thereof, or of any colorable imitation thereof, is prohibited, except when and as authorized under such regulations as may be prescribed by the head of the department or independent office of which such insignia indicates the wearer is an officer or subordinate. Sec. 1, act of June 29, 1932 (47 Stat. 342); U. S. C. 18:76a.

Any person who offends against the provisions of this act shall, upon conviction, be punished by a fine not exceeding $250 or by imprisonment for not exceeding six months, or by both such fine and imprisonment. Sec. 2, act of June 29, 1932 (47 Stat. 342); U. S. C. 18: 76b.

926. Flag of the United States; specifications.

The official flag of the Vice President of the United States was prescribed by Executive Order No. 7285, February 7, 1936.

927. Disrespect to the flag in the District of Columbia.

"U. S. C. 4: 3" should be omitted from the citation to this section.

927a. National anthem. That the composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America. Act of Mar. 3, 1931 (46 Stat. 1508); U. 8. C. 36: 144.

935. Foreign decorations; to be tendered through State Department.

Public resolution of June 27, 1934 (48 Stat. 1267), authorizes certain retired officers and employees named therein to accept such decorations, orders, medals, or presents as have been tendered them by foreign governments, and directs the Secretary of State to furnish to the 75th and each alternate Congress thereafter a list of those retired officers and employees for whom the Department of State is holding decorations, etc., under this section.

Certain officers and enlisted men of the United States Army were authorized to accept such medals, orders, diplomas, decorations, and photographs, tendered them by foreign governments in appreciation of services rendered, by acts of May 19, 1936 (49 Stat. 1361), and June 15, 1936 (49 Stat. 1515).

Erection of headstones and preservation Lands acquired for storage purposes; sale or

Fortifications. installation of armament, National monuments; establishment, 1039. 983a.

938a. Air Corps stations and depots.-That the Secretary of War is hereby authorized and directed to determine in all strategic areas of the United States, including those of Alaska and our overseas possessions and holdings, the location

of such additional permanent Air Corps stations and depots as he deems essential, in connection with the existing Air Corps stations and depots and the enlargement of the same when necessary, for the effective peace-time training of the General Headquarters Air Force and the Air Corps components of our overseas garrisons. In determining the locations of new stations and depots, consideration shall be given to the following regions for the respective purposes indicated: (1) The Atlantic Northeast-to provide for training in cold weather and in fog; (2) the Atlantic Southeast and Caribbean areas to permit training in long-range operations, especially those incident to reinforcing the Panama Canal; (3) the Southeastern States-to provide a depot essential to the maintenance of the General Headquarters Air Force; (4) the Pacific Northwest-to establish and maintain air communication with Alaska; (5) Alaska-for training under conditions of extreme cold; (6) the Rocky Mountain area-to provide a depot essential to the maintenance of the General Headquarters Air Force, and to afford, in addition, opportunity for training in operations from fields in high altitudes; and (7) such intermediate stations as will provide for transcontinental movements incident to the concentration of the General Headquarters Air Force for maneuvers.

In the selection of sites for new permanent Air Corps stations and depots and in the determination of the existing stations and depots to be enlarged and/or altered, the Secretary of War shall give consideration to the following requirements:

First. The stations shall be suitably located to form the nucleus of the set-up for concentrations of General Headquarters Air Force units in war and to permit, in peace, training and effective planning, by responsible personnel in each strategic area, for the utilization and expansion, in war, of commercial, municipal, and private flying installations.

Second. In each strategic area deemed necessary there shall be provided adequate storage facilities for munitions and other essentials to facilitate effective movements, concentrations, maintenance, and operations of the General Headquarters Air Force in peace and in war.

Third. The stations and depots shall be located with a view to affording the maximum warning against surprise attack by enemy aircraft upon our own aviation and its essential installations consistent with maintaining, in connection with existing or contemplated additional landing fields, the full power of the General Headquarters Air Force for such close and distant operations over land and sea as may be required in the defense of the continental United States and in the defense and the reinforcement of our overseas possessions and holdings. Fourth. The number of stations and depots shall be limited to those essential to the foregoing purposes. Sec. 1, act of Aug. 12, 1935 (49 Stat. 610); U. S. C. 10: 1343a.

To accomplish the purposes of this Act, the Secretary of War is authorized to accept, on behalf of the United States, free of encumbrances and without cost to the United States, the title in fee simple to such lands as he may deem necessary or desirable for new permanent Air Corps stations and depots and/or the extension of or addition to existing Air Corps stations or depots; or, with the written approval of the President, to exchange for such lands existing military reservations or portions thereof; or, if it be found impracticable to secure the necessary lands by either of these methods, to purchase the same by agreement or through condemnation proceedings. Sec. 2, act of Aug. 12, 1935 (49 Stat. 611); U. S. C. 10: 1343b.

The Secretary of War is further authorized and directed to construct, install, and equip, or complete the construction, installation, and equipment, inclusive 109831-37--12

of bomb-proof protection as required, at each of said stations and depots, such buildings and utilities, technical buildings and utilities, landing fields and mats, and all utilities and appurtenances thereto, ammunition storage, fuel and oil storage and distribution systems therefor, roads, walks, aprons, docks, runways, sewer, water, power, station and aerodrome lighting, telephone and signal communications, and other essentials, including the necessary grading and removal or remodeling of existing structures and installations. He is authorized, also, to direct the necessary transportation of personnel, and purchase, renovation, and transportation of materials, as in his judgment may be required to carry out the purposes of this Act. The Secretary of War is further authorized to acquire, by gift, purchase, lease, or otherwise, at such locations as may be desirable, such bombing and machine-gun ranges as may be required for the proper practice and training of tactical units. Sec. 3, act of Aug. 12, 1935 (49 Stat. 611); U. S. C. 10: 1343c.

There is hereby authorized to be appropriated, out of any money in the Treasury of the United States not otherwise appropriated, such sums of money as may be necessary, to be expended under the direction of the Secretary of War for the purposes of this Act, including the expenses incident to the necessary surveys, which appropriation shall continue available until expended: Provided, That the provisions of section 1136, Revised Statutes (U. S. C., title 10, par. 1339), shall not apply to the construction of the aforesaid stations and depots. Sec. 4, act of Aug. 12, 1935 (49 Stat. 611); U. S. C. 10: 1343d.

$7,000,000 was appropriated by Title III, deficiency appropriation act of June 22, 1936 (49 Stat. 1640), for the establishment of an Air Corps depot in the vicinity of Sacramento, California, under the provisions of this section.

940. Aviation fields; reservation from public lands.

Yuma landing field, State of Arizona, formerly reserved for use of the War Department as an emergency landing field, was restored to the public domain by Executive Order No. 7375, May 20, 1936.

A tract of public land in the State of New Mexico was reserved for the use of the War Department as an enlargement of a target range used by the New Mexico National Guard, by Executive Order No. 7442, August 31, 1936.

941. Same; donation to the United States.

By act of May 13, 1936 (49 Stat. 1271), the Secretary of War was authorized to acquire by donation a tract of land near Newburgh, New York, for aviation field, military, or other public purposes.

942. Public buildings, acquision of sites; condemnation.

NOTES OF DECISIONS

Power of eminent domain-In general.Necessity and propriety of taking private property for public use, extent of taking, and procedure to be followed, are legislative questions subject only to constitutional requirement of just compensation. U. S. v. McIntosh et al. (D. C. 1932), 2 F. Supp. 244.

Fifth Amendment prohibiting the taking of private property for public use without just compensation implies that national Government has power of eminent domain. United States v. Certain Lands in City of Louisville (D. C. 1935), 9 F. Supp. 137.

Power of eminent domain is inherent in sovereignty and is possessed by the national Government within the field prescribed by the Constitution. Id.

National emergency may afford a reason for the exercise of power of eminent domain

by the national Government, but the power must exist independently of the emergency (Const., art. 1, sec. 8, cl. 3; Amend. 5). Id.

Purpose of taking.-National Government may condemn private property only for a "public use", which means a use by the Government for legitimate governmental purposes, or a use open to all the public, even though available to only a part of the public, whether the property is held by the Government or by some private agency, and this public right to use must result from the law itself, rather than from the will of the governmental agency upon which the power is conferred (Const., Art. 1, sec. 8, cl. 3; Amend. 5). United States v. Certain Lands in City of Louisville (D. C. 1935), 9 F. Supp. 137.

National Government has power to condemn private property for ordinary govern