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

nuisance the maintenance of a troop of National Guard cavalry within the limits of a municipality. Parr v. Dunlap (Tex., 1930),

In general. This section, together with 1269, ante, has been cited arguendo in connection with a holding that the State is a 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 monnmental 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 appor tioned 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 (48 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 Ú. 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. 8. 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

charged the officers and enlisted men of the Army, Navy, and Marine Corps. Sec. 1, act of Mar. 6, 1920 (41 Stat. 506); 14 U. §. C. 31; 34 U. §. C. 535.

2049. Commissary supplies; issue to Indians.-The President is authorized to cause such rations as he deems proper, and as can be spared from the Army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations, and a special account of these issues shall be kept and rendered. R. S. 2110; 25 U. S. C. 141.

The Secretary of the Interior has recommended express repeal of this section, based on R. S. 2110; 25 U. S. C. 141, as no longer in use.

2050. Commissary supplies; sale to Lighthouse Service personnel.-Hereafter officers and crews of vessels of the Lighthouse Service and light keepers and depot keepers of the Lighthouse Service shall be permitted to purchase commissary and quartermaster supplies from the Army, Navy, or Marine Corps at the price charged officers and enlisted men of the Army, Navy, or Marine Corps. Sec. 4, act of May 22, 1926 (44 Stat. 626); 33 U. S. C. 754a.

2051. Commissary supplies; issue to Navy and Marine Corps personnel.-The officers of the Subsistence Department shall, upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in co-operation with the land troops, and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and marines of the same. R. S. 1143; 10 U. S. C. 75; 34 U. S. C. 541. The Subsistence Department was merged with the Quartermaster Corps by sec. 3, act of Aug. 24, 1912 (37 Stat. 593).

The

For first paragraph of this section as published in 1929 Edition, see 1945, ante. second paragraph, based on act of Feb. 28, 1929 (45 Stat. 1357), making appropriations for the War Department has been superseded. See 1945, ante.

2052. Commissary supplies; sale to Navy and Marine Corps personnel.— Provided further, That hereafter the officers and enlisted men of the Navy and the Marine Corps shall be permitted to purchase subsistence supplies at the same price as is charged the officers and the enlisted men of the Army; and the officers and the enlisted men of the Army shall be permitted to purchase subsistence supplies from the Navy and Marine Corps at the same price as is charged the officers and the enlisted men of the Navy and Marine Corps. Sec. 1, act of Aug. 29, 1916 (39 Stat. 630); 10 U. S. C. 1233; 34 U. §. C. 538.

Provided further, That articles of serviceable quartermaster property may be sold by the Quartermaster General of the Army to officers of the Navy and Marine Corps, for their use in the public service, in the same manner as these articles are now sold to officers of the Army. Sec. 1, act of Mar. 4, 1915 (38 Stat. 1079); 10 U. S. C. 1234; 34 U. S. C. 539.

2053. Commissary supplies; sale to Public Health Service officers.-Hereafter officers of the Public Health Service may purchase quartermaster supplies from the Army, Navy, and Marine Corps at the same price as is charged officers of the Army, Navy, and Marine Corps. Sec. 1, act of Mar. 6, 1920 (41 Stat. 507); 34 U. S. C. 535; 42 U. 8. C. 32.

2054. Commissary supplies; sale to discharged soldiers receiving medical treatment. That hereafter honorably discharged officers and enlisted men of the Army, Navy, or Marine Corps who are being cared for and are receiving medical treatment from the Public Health Service shall, while undergoing such care and treatment, be permitted to purchase subsistence stores and articles of other

authorized supplies, except articles of the uniform, from the Army, Navy, and Marine Corps at the same price as charged the officers and enlisted men of the Army, Navy, and Marine Corps. Act of June 5, 1920 (41 Stat. 976); 10 U. S. C. 1235; 34 U. S. C. 536.

By 1059a, ante, the benefits of this section are extended to discharged soldiers receiving medical treatment from the Veterans' Administration. (J. A. G. 010.3, Oct. 20, 1930, p. 91.)

*

Pro

2055. Commissary supplies; transfer to departments or bureaus.vided, That hereafter when under the Army Regulations subsistence supplies are furnished to another bureau of the War Department, or to another executive department of the Government or employees thereof, payment therefor shall be made in cash by the proper disbursing officer of the bureau, office, or department concerned, or by the employee to whom the sale is made. When the transaction is between two bureaus of the War Department the price to be charged shall be the contract or invoice price of the supplies. When the transaction is between the Subsistence Department and another executive department of the Government or employees thereof, the price to be charged shall include the contract or invoice price and ten per centum additional to cover wastage in transit, and the cost of transportation. Act of Mar. 3, 1911 (36 Stat. 1047) ; 10 U. S. C. 1253.

** Provided, That reimbursements from this appropriation made to the War or other departments for supplies or subsistence shall be at the net contract or invoice price notwithstanding the provisions of any other Act. Title II, act of Feb. 23, 1931 (46 Stat. 1329), making appropriations for the Department of Justice; Prison Camps.

The second paragraph was repeated in the act of March 4, 1931 (46 Stat. 1574), making appropriations for deficiencies, and in subsequent appropriation acts.

The employees referred to in first paragraph are those of executive departments other than the War Department.

2056. Dental outfits; sale to veterans.-That the Secretary of War is hereby authorized and directed to sell at public or private sale, under such rules and regulations as he may prescribe, all dental outfits in excess of the needs of the Government, preferentially to persons who served in the Army, Navy, Marine Corps, Coast Guard, or the American Red Cross of the United States during the recent war and who are at the time of such sale licensed to practice dentistry; but not more than one set of dental supplies shall be sold at private sale to any one person. Pub. res. of Apr. 17, 1920 (41 Stat. 554); 10 U. S .C. 1266.

2057. Firearms; shipment in interstate commerce.e.-The provisions of this Act shall not apply with respect to the transportation, shipment, receipt, or importation of any firearm, or ammunition, sold or shipped to, or issued for the use of, (1) the United States or any department, independent establishment, or agency thereof; (2) any State, Territory, or possession, or the District of Columbia, or any department, independent establishment, agency, or any political subdivision thereof; (3) any duly commissioned officer or agent of the United States, a State, Territory, or possession, or the District of Columbia, or any political subdivision thereof; (4) or to any bank, public carrier, express, or armored-truck company organized and operating in good faith for the transportation of money and valuables; (5) or to any research laboratory designated by the Secretary of the Treasury: Provided, That such bank, public carriers, express, and armored-truck companies are granted exemption by the Secretary of the Treasury; nor to the transportation, shipment, or receipt of any antique or unserviceable firearms, or ammunition, possessed and held as curios or museum pieces: Provided, That nothing herein contained shall be construed to prevent shipments of firearms and ammunition to institutions, organizations, or per