1140. National Home for Disabled Volunteer Soldiers; appointment of officers. The first paragraph of this section, based on R. S. 4829 as amended; U. S. C. 24: 91, has been eliminated from the code as superseded by 1141, post. The code has substituted "Administrator of Veterans' Affairs" for "Board of Managers" in the second paragraph as it appears in U. S. C. 24: 92. 1141. Same; compensation and travel expense, officers and employees. * * * * * (a) The personnel on duty at the time of consolidation at the various branches of the National Home for Disabled Volunteer Soldiers shall be transferred to and given appointment in the Veterans' Administration, subject to such change in designation and organization as the Administrator may deem necessary. (b) Such of the personnel as are not inmates of any of the branches of the National Home for Disabled Volunteer Soldiers may, by Executive order, be given a civil-service status in accordance with the laws relating thereto upon such terms and conditions as the President may direct. Whether covered into the civil service or not, the salaries of such officers and employees (other than inmates) shall be fixed in accordance with the Classification Act of 1923, as amended (United States Code, title 5, chapter 13; United States Code, Supplement III, title 5, chapter 13). Sec. 4, act of July 3, 1930 (46 Stat. 1017); U. S. C. 38: 11c. The above provision is added as a new paragraph of this section. The original text of this section, based on section 1, act of August 18, 1894 (28 Stat. 412); U. S. C. 24: 93, has been eliminated from the code as superseded by the above provision. 1142. Same; duties of officers. This section, based on section 1, act of August 18, 1894 (28 Stat. 412); U. S. C. 24: 94; section 1, act of June 6, 1900 (31 Stat. 636); U. S. C. 24: 95; and section 1, act of March 3, 1901 (31 Stat. 1178); U. S. C. 24: 96, has been eliminated from the code as superseded by 1141, ante. 1143. Same; funds; estimates, appropriations, and requisitions. All unexpended appropriations in respect of any hospital, bureau, agency, office, or home consolidated into the Veterans' Administration shall, upon such consolidation, become available for expenditure by the Veterans' Administration and shall be treated as if the Veterans' Administration had been originally named in the laws making the appropriations. Sec. 6 (a), act of July 3, 1930 (46 Stat. 1017); U. S. C. 38: 11a. The above provision is added as a new paragraph of this section. The first paragraph of the original text, based on section 1, act of March 3, 1875 (18 Stat. 359); U. S. C. 24: 122; and the fourth paragraph, based on act of August 5, 1892 (27 Stat. 384); U. S. C. 24: 123, have been eliminated from the code as superseded. No recommendation for inclusion in the code has been made for the second paragraph, based on section 1, act of March 3, 1879 (20 Stat. 390), which is no longer of interest to the War Department (Memo. J. A. G. Oct. 9, 1930). "Administrator of Veterans' Affairs" has been substituted for "managers of said Home" in the third paragraph as it appears in U. S. C. 31: 719. 1144. Same; funds; disbursement and accounting. The first paragraph of this section, based on act of March 3, 1887 (24 Stat. 539); U. S. C. 24: 120; and the second paragraph, based on act of March 3, 1893 (27 Stat. 653); U. S. C. 24: 118, have been omitted from the code as superseded by 1139, ante. The third paragraph, based on act of February 28, 1929 (45 Stat. 1384), making appropriations for the support of the War Department, is not repeated in the corresponding act for the fiscal year 1932 or thereafter. 1145. Same; funds of branches. This section, based on section 1, act of August 18, 1894 (28 Stat. 411); U. S. C. 24: 119. has been eliminated from the code as superseded. 1146. Same; donations. The code has substituted "Administrator of Veterans' Affairs" for "Board of Managers" in this section as it appears in U. S. C. 24: 111. 1147. Same; deposit. This section, based on section 2, act of July 9, 1886 (24 Stat. 129); U. S. C. 24: 117, has been eliminated from the code as superseded by 1141 and 1137, ante. 1148. Same; proceeds of sales. This section, based on section 1, act of August 18, 1894 (28 Stat. 412); U. S. C. 24: 112, has been eliminated from the code as superseded by 1150a, post. 1149. Same; funds; effects of deceased members. This section, based on Act of February 28, 1929 (45 Stat. 1382), making appropriations for the support of the War Department, is not repeated in the corresponding act for the fiscal year 1932 or thereafter. 1150. Same; funds; for construction and repair. The fourth paragraph of this section, based on act of February 28, 1929 (45 Stat. 1383), making appropriations for the support of the War Department, U. S. C. 24: 116, is not repeated in the corresponding act for the fiscal year 1932 or thereafter. It has been eliminated from the code. (J. A. G. 010.3, Nov. 12, 1929, p. 273). 1150a. Same; property.-All property the title of which now stands in the name of the Board of Managers of the National Home for disabled Volunteer Soldiers is hereby transferred to and the title thereof vested in the United States. If by reason of any defeasance or conditional clause or clauses contained in any deed of conveyance to the National Home for Disabled Volunteer Soldiers the full and complete enjoyment and use of any of the property hereby transferred to the United States shall be threatened, it shall be the duty of the Attorney General, upon request of the President of the United States, to institute in the district court of the United States for the district within which such property is located such proceedings as shall be proper to extinguish all outstanding adverse interests: Provided, That the Attorney General shall have authority to procure and accept on behalf of the United States by gift, purchase, cession, or otherwise, evidenced by appropriate instruments of conveyance or cession, absolute title to and complete jurisdiction over all of the lands and other property herein transferred and conveyed to the United States. Sec. 3, act of July 3, 1930 (46 Stat. 1016); U. S. C. 38: 11b. NOTES OF DECISIONS In general.-State Camp for Veterans was leased for term of years by State of New York to Board of Managers of the National Home for Disabled Volunteer Soldiers, without rental or charge, upon condition that same be maintained as home for veterans of wars of the United States and that veterans of Civil and Spanish-American Wars, who were inmates at the time of the lease, should be maintained therein during the term of lease, subject to reasonable rules and regulations of lessee. Held, that while lease did not create any obliga 1151. Same; headquarters. tion upon lessee, it did give lessee right to remain in possession of property so long as Congress should see fit to appropriate funds to maintain it, not beyond the extended term specified, and that whether or not this right belonged to United States prior to the effective date of this section, by virtue of the fact that National Home for Disabled Volunteer Soldiers was a governmental agency, this section has operated to vest all rights of lessee in United States. (1931) 36 Op. Atty. Gen. 484. This section, based on section 1, act of July 1, 1916 (39 Stat. 297); U. S. C. 24: 72, has been eliminated from the code as superseded by 1059a and 1137, ante. 1152. Same; branches. "Administrator of Veterans' Affairs" has been substituted for "Board of Managers" in this section as it appears in U. S. C. 24: 77. 1153. Same; purchase and distribution of supplies. The second paragraph of this section based on section 1, act of July 1, 1898 (30 Stat. 640); U. S. C. 24: 81, has been eliminated from the code as superseded by section 1, Executive Order No. 6166, June 10, 1933. 1154. Same; inspection. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, July 10, 1931, p. 126), that this section based on section 1, act of August 18, 1894 (28 Stat. 412); U. S. C. 24: 84, be eliminated as superseded. "Administrator of Veterans' Affairs" has been substituted for "Secretary of War" in U. S. C. 24: 84. 1155. National Home for Disabled Volunteer Soldiers; admission and benefits. "Administrator of Veterans' Affairs" has been substituted for "member of the Board of Managers" in this section as it appears in U. S. C. 24: 131. 1156. Same; Pacific Branch. "Administrator of Veterans' Affairs" has been substituted for "member of the Board of Managers" in this section as it appears in U. S. C. 24: 135. 1157. Same; Marion, Ind., Branch. This section has been inserted in the United States Code as U. S. C. 24: 131b, substituting "Administrator of Veterans' Affairs" for "member of the Board of Managers", although it was apparently superseded by 1155, ante. (Memo J. A. G., Oct. 9, 1930). 1159. Same; Veterans' Bureau beneficiaries. The citation to this section should be changed to read: Sec. 10, act of June 7, 1924 (43 Stat. 610), as amended by sec. 1, act of July 2, 1926 (44 Stat. 790), as amended by seo. 2 act of July 3, 1930 (46 Stat. 991); U. 8. O. 38: 434. The authority and powers provided in this section are vested in the Administrator of Veterans' Affairs by 1059e, ante. 1160. Same; outdoor relief. "Administrator of Veterans' Affairs" has been substituted for "managers of the National Home for Disabled Volunteer Soldiers" in this section as it appears in U. S. C. 24: 133. 1161. National Home for Disabled Volunteer Soldiers, members; assignment to branches. "Administrator of Veterans' Affairs" has been substituted for "Board of Managers, National Home for Disabled Volunteer Soldiers" in this section as it appears in U. S. C. 24: 132. 1162. Same; jurisdiction over. The original text of this section, based on R. S. 4835, U. S. C. 24: 137, was specifically repealed by 1136a, ante. 1163. Same; transfer. "Administrator of Veterans' Affairs" has been substituted for "Board of Managers" in this section as it appears in U. S. C. 24: 133. 1166. Same; disposition of estates. "Administrator of Veterans' Affairs" has been substituted for "Board of Managers" wherever the latter expression occurs in this section, as it appears in U. S. C. 24: 136. 1167. State soldiers' homes; Federal aid. "Administrator of Veterans' Affairs" has been substituted for "Board of Managers, National Home for Disabled Volunteer Soldiers' wherever the latter expression appears in this section, as stated in U. S. C. 24: 134. Admission; foreign, 1207. Indebtedness to cadet store on separa tion, 1207a. Degrees for graduates, 1215a. Detachments of enlisted men: Quartermaster and Cavalry, 1216. Detachments of enlisted men-Continued. Funds: Advance payment for periodicals, 1218. Pay appropriations to constitute one fund, 1219. Settlement of accounts with other bu reaus, 1221. Supplies and equipment: Purchase, 1227. Transfer, 1229. Pay and allowances: Superintendent cadets, 1230. Professors, instructors, and their assist ants, 1233. Teacher of music and band, 1235. General provision, 1236. Travel expense from home, 1238. Leave of absence with pay; civilian employees, 1243. 1180. Department and professor of economics, government, and history. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G., 010.3, July 10, 1931, p. 82) that all after the words "Military Academy", in fourth line of the original text of this section, based on act of June 8, 1926 (44 Stat. 703); U. S. C. 10: 1077a, be eliminated as fully executed. 1181. Professor of English. The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, July 10, 1931, p. 81) that all after the first comma in third line of the original text of this section, based on act of April 19, 1910 (36 Stat. 312), as amended; U. S. C. 10: 1077, be eliminated as fully executed. 1182. Assistant professors of English and history. There is no longer a Department of English and History but in lieu thereof a Department of English and a Department of Economics, Government, and History. See 1180, ante. (J. A. G. 010.3, July 10, 1931, p. 83.) * 1183a. Librarian.-* Provided, That the duties of librarian of the United States Military Academy may be performed by an officer of the Regular Army retired from active service under the provisions of section 1251, Revised Statutes, and detailed on active duty for that purpose. Title I, act of Mar. 4, 1933 (47 Stat. 1588), making appropriations for the War Department; U. S. C. 10: 1161a. This provision has been repeated in subsequent appropriation acts. 1187. Associate professor of mathematics. The first paragraph of this section, based on act of March 1, 1893 (27 Stat. 515) ; U. S. C. 10: 1076, should be omitted as obsolete. (J. A. G. 010.3, Nov. 12, 1929, p. 172). "U. S. C. 10: 1076" should be added to the citation to the second paragraph, and "U. S. C. 10: 1134" eliminated. 1191a. Professor of physics.-That hereafter there is authorized one professor of physics at the United States Military Academy, with the same status, rank, pay, and allowances of other professors at said Military Academy. Act of May 26, 1934 (48 Stat. 806); U. S. C. 10: 1078a. 1195. Band; composition. So much of this section as prescribes the grades of enlisted men in the band was repealed by 255, ante. (J. A. G. 010.3, Dec. 28, 1929, p. 12; Feb. 14, 1931). 1196. Same; restriction on outside activities. This section, based on act of May 28, 1908 (35 Stat. 432), appears to have been superseded by the third paragraph of 320, ante, except, perhaps, as to the teacher of music. No recommendation for its inclusion in the United States Code will be made (Memo. J. A. G., Oct. 9, 1930). 1197. Corps of Cadets; composition. * * That hereafter there shall be allowed at the United States Military Academy three cadets for each Senator, Representative, Delegate in Congress, and Resident Commissioner from Puerto Rico, one to be selected by the Governor of the Panama Canal Zone, from among the sons of civilians of the Panama Canal Zone and the Panama Railroad, resident on the zone, five for the District of Columbia, and one hundred and thirty-two from the United States at large, forty of whom shall be appointed on the recommendation of the academic authorities of the "honor schools" as designated by the War Department, and three of whom shall be selected from persons recommended by the Vice President, in addition to the number now authorized to be appointed from the enlisted men of the Regular Army and National Guard, and the sons of deceased officers, soldiers, sailors, and marines. Act of June 7, 1935 (49 Stat. 332); U. S. C. 10: 1091b. The original text of this section, based on chapter XXII, act of July 9, 1918 (40 Stat. 894); U. S. C. 10: 1091, appears to have been superseded by the above provision, which is added as a new paragraph. The number of midshipmen at the Naval Academy allowed each Senator, Representative, and Delegate in Congress was increased from three to four by section 1, Navy Department appropriation act of June 24, 1935 (49 Stat. 409), and subsequent appropriation acts. Appointment as ensigns of all midshipmen who graduated in 1933 and 1934, and thereafter, was authorized by act of August 29, 1935 (49 Stat. 959). The Secretary of the Navy was authorized to appoint not more than twenty midshipmen annually to the Naval Academy from among the honor graduates of educational institutions which are designated as "honor schools" by the War Department, and the members of the Naval Reserve Officers' Training Corps, by act of February 27, 1936 (49 Stat. 1144). 1200. Same; from sons of deceased World War veterans. "U. S. C. 34: 1036a" should be added to the citation to this section (J. A. G. July 10, 1931, p. 86, 168). 1207. Cadets; admission; foreign. Add to table in note: Law Country Number J. R. of Mar. 21, 1930 (46 Stat. 88) |