paring the statement lay on the officer and in discharging it he was entitled to have the assistance of general average adjusters. Johnson & Higgins of Calif. v. U. S. (1932), 287 U. S. 459, reversing (1932), 74 Ct. Cls. 331. General average. A cargo, while being carried free on an Army transport, was damaged by water used to put out a fire. Insurers of the cargo having claimed contribution from the Government, and The Judge Advocate General having advised that the claim was valid, the officer of the Where the Government carries private Quartermaster Corps who was responsible cargo on one of its Army transports confor the operation of the vessel engaged a stituting a part of its armed forces and private firm to prepare a general average used only as a public vessel, it is subject statement for a reasonable compensation. to the rule of general average, and this Held, That the contract was authorized, | notwithstanding such cargo was being carried even if the Government was not liable for free of hire. Atlantic Mutual Insurance Co. general average, since that question was v. U. S. (1934), 80 Ct. Cls. 11. not free from doubt and the duty of pre 2126. Same; not to be sold without the consent of Congress. By Title I, deficiency appropriation act of July 1, 1932 (47 Stat. 540), the Secretary of War was authorized to sell the transport Merritt. 2130. Commercial transportation of the Army; by land-grant railroads. NOTES OF DECISIONS "Troops of the United States."-Engineer | under which the Government is entitled to officers of the War Department, assigned to deductions from the regular commercial rates duty in connection with the improvement of for the transportation of members of the rivers and harbors or the work of the California Debris Commission, are not within the meaning of the provisions of the landgrant acts and the so-called equalization agreements and joint military agreements military forces or "troops of the United States." Southern Pacific Co. v. U. S. (1932), 285 U. S. 240, reversing 72 Ct. Cls. 273. 2130a. Commercial transportation of the Army; by motor vehicle.-No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it in interstate or foreign commerce until all tariff rates and charges thereon have been paid, *. * Provided, That the provisions of this paragraph shall not be construed to prohibit any such carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, 223, Motor Carrier Act of Aug. 9, 1935 (49 Stat. 565); U. S. C. 49:-323. NOTES OF DECISIONS * * Sec. Section 218 of the Motor Carrier Act (49 | property in interstate commerce, does not Stat. 561), providing for minimum charges apply to contracts with the Government. 38 for the transportation of passengers or Op. Atty. Gen. No. 46, Apr. 20, 1936. 2132. Same; priority. Citation should be changed to read: Sec. 6, act of Feb. 4, 1887 (24 Stat. 380), as amended by sec. 2, act of June 29, 1906 (34 Stat. 587), as amended by act of Aug. 29, 1916 (39 Stat. 604); U. S. C. 10: 1362. 2135a. Transportation of explosives.-That no vessel, regardless of size or rig, excepting public vessels of the United States, shall transport on the navigable waters of the United States, from point to point in the continental United States, any inflammable, explosive, or like dangerous cargo or anchor in such waters or go into drydock for repairs while having on board such dangerous cargo, until such vessel has been inspected by the board of local inspectors to determine that such cargo may be carried on such vessel with safety, and a permit issued to her for the presence on board of such cargo, which permit shall be framed under glass and posted in a conspicuous part of the vessel. The Secretary of Commerce is authorized and directed to promulgate rules and regulations concerning construction, the appliances, and apparatus for stowage, of vessels used in the transportation of inflammable, explosive, or like dangerous cargo on said vessels in order to preserve life and property while in operation or at anchor. The local board of inspectors shall not issue a permit to any vessel until it finds that said vessel is in substantial compliance with the rules and regulations promulgated by the Secretary of Commerce: Provided, That this Act shall not apply to a vessel covered by an unexpired certificate of inspection duly issued in accordance with law by the local inspectors of the Bureau of Marine Inspection and Navigation or, if a foreign vessel, by an unexpired certificate of inspection issued under the authority of its own government and recognized under law or treaty by the Government of the United States. Sec. 1, act of Aug. 26, 1935 (49 Stat. 868); U. S. C. 46: 178. By 1846, ante, the Secretary of War is given the power to regulate the transportation of explosives on the navigable waters of the United States. CHAPTER 38 UNIFORM Right to wear: Honorably discharged officers, 2144. Right to wear-Continued. 2137. Alteration of clothing issued to soldiers. The first paragraph of this section, based on R. S. 1220 as amended by the act of Feb. 27, 1877 (19 Stat. 243), was expressly repealed by sec. 1, act of Mar. 3, 1933 (47 Stat. 1429). The second paragraph based on act of March 2, 1889 (25 Stat. 831), is considered useless, and no recommendation will be made for its inclusion in the United States Code (Memo. J. A. G. Oct. 9, 1930). 2144. Right to wear uniform; honorably discharged officers. All persons who have served honorably in the Army, Navy, Marine Corps, and/or Coast Guard of the United States during war shall, when not in the active military and/or naval service of the United States, be entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade held by them during their war service. Sec. 2, act of June 21, 1930 (46 Stat. 793); U. S. C. 10: 1028b; 34: 399d. The above provision is added as a new paragraph of this section. (J. A. G. 010.3, Oct. 20, 1930, p. 133.) So much of the first paragraph of the original text, based on R. S. 1226, as refers to the right of honorably discharged officers to bear the official title and wear the uniform of the highest grade held in the volunteer service, was superseded thereby (J. A. G. 010.3, Oct. 20, 1930, p. 54). "U. S. C. 10: 1392" should be eliminated from the citation to the remainder of this paragraph and "U. S. C. 10: 516" added (J. A. G. 010.3, July 10, 1931, p. 40). The third paragraph of this section, based on section 34, act of February 2, 1901 (31 Stat. 757), U. S. C. 10: 1392, should be omitted as superseded by the provision added above (J. A. G. 010.3, Nov. 12, 1929, p. 215; Oct. 20, 1930, p. 99). 2145. Same; honorably discharged enlisted men. That any person who served in the United States Army, Navy, or Marine Corps in the present war may, upon honorable discharge and return to civil life, permanently retain one complete suit of outer uniform clothing, including the overcoat, and such articles of personal apparel and equipment as may be authorized, respectively, by the Secretary of War or the Secretary of the Navy. * Provided, That the uniform above referred to shall include some distinctive mark or insignia to be prescribed, respectively, by the Secretary of War or the Secretary of the Navy, such mark or insignia to be issued, respectively, by the War Department or Navy Department to all enlisted personnel so discharged. The word "Navy" shall include the officers and enlisted personnel of the Coast Guard who have served with the Navy during the present war Sec. 1, act of Feb. 28, 1919 (40 Stat. 1202); U. S. C. 10: 1394. That the provisions of this act shall apply to all persons who served in the United States Army, Navy, or Marine Corps during the present war honorably discharged since April sixth, nineteen hundred and seventeen. * * Sec. 2, act of Feb. 28, 1919 (40 Stat. 1203); U. S. C. 10: 1394. * The above provisions, omitted from the original text of the Military Laws, 1929, are added as new paragraphs of this section. The words "and may wear such uniform clothing after such discharge" were superseded by the third paragraph of the original text of 2139, ante. (J. A. G. 010.3, Oct. 20, 1930, p. 101.) CHAPTER 39 UTILITIES War Department utilities; laundry charges, | Radio-Continued. 2151a. Radio: Commercial stations, regulation and util ization in time of emergency, 2152. Government stations, regulations, 2153. * * 2151a. War Department utilities; laundry charges.-* Provided, That laundry charges, other than for service now rendered without charge, shall be so adjusted that earnings in conjunction with the value placed upon service rendered without charge shall aggregate an amount at least equal to the cost of maintaining and operating laundries and dry-cleaning plants. Title I, War Department Appropriation Act of Apr. 9, 1935 (49 Stat. 129). This provision has been repeated in subsequent appropriation acts. 2152. Radio, commercial stations; regulation and utilization in time of emergency. (a) During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this act. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is hereby authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction. (b) It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is hereby authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either section 6 or section 20 of an Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914. (c) Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for |