to make studies, experiments, and determinations to promote the wider and better use of electric power for agricultural and domestic use, or for small or local industries, and it may cooperate with State governments, or their subdivisions or agencies, with educational or research institutions, and with cooperatives or other organizations, in the application of electric power to the fuller and better balanced development of the resources of the region. Sec. 10, act of May 18, 1933 (48 Stat. 64); U. S. C. 16: 831i.

All agencies of the United States engaged in the generation and sale of electric energy for ultimate distribution to the public shall be subject, as to all facilities used for such generation and sale, and as to the electric energy sold by such agency, to the provisions of sections 301 and 302 hereof, so far as may be practicable, and shall comply with the provisions of such sections and with the rules and regulations of the Commission thereunder to the same extent as may be required in the case of a public utility. Sec. 303, Part III, added to Federal Water Power Act of June 10, 1920, by Title II, Federal Power Act of Aug. 26, 1935 (49 Stat. 855); U. S. C. 16: 825b.

The above provisions are added as new paragraphs of this section. The "board" referred to in first paragraph is the board of directors of the Tennessee Valley Authority. The sections referred to in last paragraph have to do with the keeping of accounts and records and the carrying of depreciation accounts by electric utility companies.

NOTES OF DECISIONS

831d (1), 831i). Id.

Right of Federal Government to sell Authority (Tennessee Valley Authority Act power.-Congress, which has no authority of 1933, secs. 5 (1), 16; U. S. C. A. 16: to have the Government engage generally in production and sale of electric energy unrelated to any constitutionally granted power, cannot confer authority to engage in such business on a public corporation created by Congress (Tennessee Valley Authority Act of 1933, secs. 5 (7), 10; U. S. C. A. 16: 831d (1), 8311). Ashwander v. Tennessee Valley Authority (D. C. 1934), 8 F. Supp. 893.

United States may generate electric power to aid its operations in improving navigable rivers, providing for national defense, or regulating proprietary property of Government, and may dispose of surplus power unused for the named purposes to prevent waste, but may not produce and sell electric power except as incidental to a constitutionally granted power, especially within limits of a State (Tennessee Valley Authority Act of 1933, U. S. C. A. 16: 831-831cc). Id.

Federal Government has no power to engage in private business except as incidental to some power specifically granted under Constitution. Id.

If Tennessee Valley Authority had right to engage in general business of creating and selling electric energy in State, competition with private utility therein could not be restrained. Id.

Where power project of Tennessee Valley Authority allegedly disclosed purpose to furnish example of electric power production in interests of public operation and ownership and to aid social experiment conducted by the Authority in Tennessee River Valley, such alleged carrying on of business of producing and selling electricity held beyond power actually conferred, or that could have been conferred, by Congress on the Authority, and contract for purchase of power company's property was therefore ultra vires the 2086a. Paper and envelopes; procurement by Public Printer.-The Public Printer is hereby authorized to procure, under direction of the Joint Committee on Printing as provided for in the Act approved January 12, 1895, and furnish on requisition paper and envelopes (not including envelopes printed in the course of manufacture) in common use by two or more departments, establishments, or services of the Government in the District of Columbia, and reimbursement therefor shall be made to the Public Printer from appropriations or funds available for such purposes; paper and envelopes so furnished by the Public Printer shall not be procured in any other manner thereafter. Sec. 1, act of June 7, 1924 (43 Stat. 592), making appropriations for the legislative branch; U. S. C. 44: 225.

The above provision was omitted from the original text of the Military Laws, 1929.

2089. Screw threads; commission on standardization.

By Executive Order No. 6166 of June 10, 1933, issued under authority of 888c, ante, the National Screw Thread Commission was abolished and its records and property transferred to the Department of Commerce.

2090. Screw threads; test by Bureau of Standards.

This section, based on Title III, Department of Commerce appropriation act of January 25, 1929 (45 Stat. 1123), is not repeated in the corresponding act for the fiscal year 1936 or thereafter.

2091. Steel; procurement.

This section, based on section 1, act of February 24, 1891 (26 Stat. 769), appears to be unnecessary and disadvantageous to the War Department, and no recommendation will be made for its inclusion in the United States Code (Memo. J. A. G. Oct. 9, 1930).

2092. Tents; loans to veterans.

By public resolutions of Jan. 31, 1933 (47 Stat. 794), and June 22, 1936 (49 Stat. 1824), the Secretary of War was authorized to loan tents, camp appliances, flags, etc., to the Committee on Inaugural Ceremonies for use on the occasion of the inauguration of the President in March 1933 and January 1937, respectively.

By public resolution of February 28, 1935 (49 Stat. 35), the Secretary of War was authorized to loan to the Washington D. C. 1935 Shrine Committee, Incorporated, for use in connection with the sixty-first annual session of the Imperial Council Ancient and Arabic Order of the Nobles of the Mystic Shrine, such tents, camp appliances, motor equipment, utensils, furniture, ambulances, ensigns, flags, and decorations as could be spared without detriment to the public service.

A similar authorization in connection with the Encampment of the Grand Army of the Republic to be held in Washington in September 1936 is contained in public resolution of July 18, 1935 (49 Stat. 482), as amended by public resolution of June 5, 1936 (49 Stat. 1485), and in connection with the annual session of the Improved, Benevolent, and Protective Order of Elks of the World, to be held in Washington in August 1935 by public resolution of August 17, 1935 (49 Stat. 656).

Loans of tents and camp equipment to the American Legion 1935 Convention, to be held in St. Louis, was authorized by act of August 5, 1935 (49 Stat. 534); to the Veterans of Foreign Wars 1935 Encampment, to be held at New Orleans, by act of August 5, 1935 (49 Stat. 536); and to the United Confederate Veterans Encampment, to be held at Amarillo, Texas, by act of August 22, 1935 (49 Stat. 683).

2094. Tools, instruments, mechanical devices; standardization.-Standards for commerce. For cooperation with Government purchasing agencies, industries, and national organizations in developing specifications and facilitating their use; Title III, Department of Commerce Appropriation Act of Mar. 22, 1935 (49 Stat. 93).

*

*

The original text of this section, based on Title III, Department of Commerce appropriation act of January 25, 1929 (45 Stat. 1123), has been superseded by the above provision, which has been repeated in subsequent appropriation acts.

2095. Typewriters; purchase through General Supply Committee.

The first paragraph of this section, based on Title I, act of Dec. 20, 1928 (45 Stat. 1031), making appropriations for the Treasury Department, was not repeated in the corresponding act for the fiscal year 1933.

2096. Same; price limits.—No part of any money appropriated by this or any other Act shall be used during the fiscal year 1935 for the purchase of any standard typewriting machines, except bookkeeping and billing machines, at a price in excess of the following for models with carriages which will accommodate paper of the following widths, to wit: Ten inches (correspondence models), $70; twelve inches, $75; fourteen inches, $77.50; sixteen inches, $82.50; eighteen inches, $87.50; twenty inches, $94; twenty-two inches, $95; twentyfour inches, $97.50; twenty-six inches, $103.50; twenty-eight inches, $104; thirty inches, $105; thirty-two inches, $107.50; or, for standard typewriting machines distinctively quiet in operation, the maximum prices shall be as

follows for models with carriages which will accommodate paper of the follow. ing widths, to wit: Ten inches, $80; twelve inches, $85; fourteen inches, $90; eighteen inches, $95: Provided, That standard typewriting machines distinctively quiet in operation purchased during such fiscal year by any such department, establishment, or municipal government shall only be purchased on the written order of the head thereof. Title I, act of Mar. 15, 1934 (48 Stat. 438), making appropriations for the Treasury Department.

The original text of this section based on Treasury Department appropriation act of December 20, 1928, Title I (45 Stat. 1031), has been superseded by the above provision, which has been repeated in subsequent appropriation acts.

2097. Same; repairs.

In recent acts "Procurement Division" has been substituted for "General Supply Committee".

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, Nov. 12, 1929, p. 331) that this section, based on Treasury Department Appropriation Act of December 20, 1928, Title I (45 Stat. 1031,, and subsequent appropriation acts, U. S. C. 40: 313, be omitted as temporary.

2101. Vessels; transfer to Shipping Board.

The United States Shipping Board was abolished and its functions transferred to the Department of Commerce by Executive Order No. 6166 of June 10, 1933, issued under authority of 888c, ante.

By section 204, Title II, Merchant Marine Act of June 29, 1936 (49 Stat. 1987), such functions were further transferred to the United States Maritime Commission, established by that act.

This section was specifically repealed by section 903, Title IX, Merchant Marine Act of June 29, 1936 (49 Stat. 2016).

109831-37--27

CHAPTER 36

TERRITORIES AND INSULAR POSSESSIONS

In general:

Laws in effect, 2101a.

Title to lands, 2101b.

Alaska: laws in effect, 2102.
Canal Zone:

Laws in effect, 2103.

Sales by Panama Canal, 2107. Ferry and highway, 2107a. Repatriation of aliens, 2107b. Hawaii laws in effect, 2108. Philippine Islands:

Laws in effect, 2109.

Checking and arrastre charges, 2109a.

Philippine Islands-Continued.

Return of native Filipinos from the
United States, 2109b.

Puerto Rico :

Designation, 2110a.

Laws in effect, 2111,

Hurricane relief, 2112.

Samoa acceptance of cession and government, 2113.

Virgin Islands: laws applicable, 2113a, Indian country: introduction of intoxicarts, 2115.

Territorial militia; selection of officers, 2118.

2101a. In general; laws in effect.-The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within all the organized Territories, and in every Territory hereafter organized as elsewhere within the United States. R. S. 1891.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 350), that the above provision, omitted from the original Code and Military Laws, 1929, be included in the Code.

By section 1, act July 2, 1902 (32 Stat. 692), post 2109, it was not to apply to the Philippine Islands.

2101b. Same; title to lands. That hereafter no prescription or statute of limitations shall run, or continue to run, against the title of the United States to lands in any territory or possession or place or territory under the jurisdiction or control of the United States, including the Philippine Islands; and that no title to any such lands of the United States or any right therein shall be acquired by adverse possession or prescription, or otherwise than by conveyance from the United States. Act of Mar. 27, 1934 (48 Stat. 507); U. S. C. 48: 1489. 2102. Alaska; laws in effect.

By act of April 13, 1934 (48 Stat. 583), Federal liquor prohibition laws to the extent that they were in force in Alaska were repealed, and act of territorial legislature establishing a "board of liquor control" was ratified and approved.

Act of June 29, 1936 (49 Stat. 2017), provides for retirement of employees of the Alaska Railroad who are citizens of the United States.

2103. Canal Zone; laws in effect.

Important laws affecting the Canal Zone have been enacted as follows:

Feb. 21, 1933 (47 Stat. 859), amending Penal Code.

Feb. 21, 1933 (47 Stat. 880), amending Code of Criminal Procedure.

Feb. 27, 1933 (47 Stat. 908), Code of Civil Procedure.

Feb. 27, 1933 (47 Stat. 1124), Civil Code.

Others modifying the Organic Act, enactments by the Isthmian Canal Commission, and Executive orders, are acts of July 5, 1932 (47 Stat. 571-579); July 14, 1932 (47 Stat. 661); Feb. 16, 1933 (47 Stat. 810-818); June 19, 1934 (48 Stat. 1116), control of liquor traffic; June 19, 1934 (48 Stat. 1122) as amended by act of June 24, 1936 (49 Stat. 1903), Canal Zone Code.

Executive Order No. 6997, March 25, 1935, prescribes regulations governing the manufacture, importation, and sale of alcoholic beverages in the Canal Zone, with a special provision for areas reserved for the use of the Army and Navy.

The act of August 24, 1935 (49 Stat. 743), authorizes the erection on an appropriate site within the Canal Zone of a suitable memorial of heroic size to Major General George W. Goethals, in commemoration of his signally distinguished services in connection with the construction and operation of the Panama Canal.

Lands on which the Quarry Heights Military Reservation was established by previous Executive orders, were redefined and set apart as a military reservation under the control and jurisdiction of the Secretary of War by Executive Order No. 7407, July 6, 1936.

NOTES OF DECISIONS

In general. The eight-hour law, 747, ante, does not apply to the office force of the Isthmian Canal Commission stationed on the Isthmus of Panama, or to any of the employees of the Government who are not within the ordinary meaning of the words "laborers and mechanics", but applies to the employment of laborers and mechanics in the construction of the Panama Canal. (1905) 25 Op. Atty. Gen. 441. It does not apply to laborers and mechanics in the employment of the Panama Railroad & Steamship Line; such persons being employed by the corporation, and not by the United States. Gen. 465.

(1905) 25 Op. Atty.

Clause of tariff act of August 5, 1909, providing rate of duty on articles imported into United States or any of its possessions, does not apply to the Canal Zone. (1909) 27 Op. Atty Gen. 594.

The Panama Canal Zone is treated by the laws of the United States as a foreign country, except that the act as to extradition of persons accused of crime (sec. 1330, title 48, U. S. Code) is to be considered in force in the Canal Zone, which shall be treated as a territory of the United States for such purposes "and such purposes only." Macomber & Whyte Rope Co. v. United Fruit Co. (1922) 225 Ill. App. 286.

2106. Contracts between Executive Departments and Panama Railroads. Executive Order No. 7021, April 19, 1935, authorizes the Governor of the Panama Canal to arrange for the operation by the Panama Railroad Company of Panama Canal piers.

2107. Canal Zone; sales by Panama Canal.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 348) that parts of this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1386), and subsequent appropriation acts, which are included in U. S. C. 48: 1323, be omitted as temporary.

2107a. Same; ferry and highway. That the Governor of the Panama Canal, under the supervision of the Secretary of War, is authorized—

(a) To establish, maintain, and operate, near the Pacific entrance of the Panama Canal, from a point at or near Balboa on the eastern side of the canal to a suitable point on the opposite shore of the canal, a ferry for the accommodation of the public and adequate to serve military needs, and for such purposes is authorized to acquire such ferryboats, and other equipment, and to construct and maintain such wharves, docks, and approaches as may be necessary; and

(b) To, construct and maintain a highway for the accommodation of the public and adequate to serve military needs, to extend from the western terminal of such ferry to a point at or near the town of Arraijan at or near the Canal Zone line. Sec. 1, act of May 27, 1930 (46 Stat. 388).

(a) The Governor of the Panama Canal, subject to the approval of the Secretary of War, is authorized to make rules and regulations governing the operation, use, and maintenance of the ferry, equipment, wharves, docks, and approaches established, acquired, and constructed under this Act. Any person violating any such rule or regulation shall be punished by a fine of not to exceed $100 or by imprisonment for not to exceed thirty days, or by both such fine and imprisonment.