radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. (d) The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum will make such amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by paragraph 20 of section 24, or by section 145, of the Judicial Code, as amended. Sec. 606, Title VI, act of June 19, 1934 (48 Stat. 1104); U. S. C. 47: 606. The original text of this section, based on secs. 6 and 7, Radio Act of February 23, 1927 (44 Stat. 1165); U. S. C. 47: 86, 87, was specifically repealed by section 602, Title VI, Communications Act of June 19, 1934 (48 Stat. 1102). The subject-matter is covered by the above provisions from the latter act. 2153. Radio, Government stations; regulations.—(a) Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this Act. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. (b) Radio stations on board vessels of the United States Shipping Board Bureau or the United States Shipping Board Merchant Fleet Corporation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this title. (c) All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. III, act of June 19, 1934 (48 Stat. 1083); U. S. C. 47: 305. Sec. 305, Title The original text of this section, based on secs. 6 and 8, Radio Act of February 23, 1927 (44 Stat. 1165, 1166); U. S. C. 47: 86, 88, was specifically repealed by section 602, Title VI, Communications Act of June 19, 1934 (48 Stat. 1102). The subject-matter is covered by the above provisions from the latter act. By Executive Order No. 7135, August 9, 1935, a tract of 227 acres of land near Juneau, Alaska, was reserved for use by the War Department as a site for a radio station. Pursuant to this section frequencies were assigned to Government radio stations by Executive Order No. 7251, December 19, 1935. 2158. Telegraph lines, Government; transmission of commercial messages in Alaska. "U. S. C. 48: 310" should be added to the citation to this section, based on act of May 26, 1900 (31 Stat. 206) (J. A. G. 010.3, Nov. 12, 1929, p. 345). CHAPTER 40 WAR Army personnel : Temporary appointments, 2160. Private property; taking for public use, 2193a. Period of service, Officers' Reserve Corps, Taking over property of Tennessee Valley 2161. Period of service, officers of National Council of National Defense, 2166a. Espionage act; making false statements, Authority, 2196a. Transportation; requisition of vessels, 2198a. Civil War, 2201. World War, 2202. National Historical Publications Commission, 2204a. 2160. Temporary appointments. In time of war any officer of the Regular Army may be appointed to higher temporary grade without vacating his permanent appointment. In time of war any officer of the Regular Army appointed to higher temporary grade, and all other persons appointed, as officers, shail be appointed and commissioned in the Army of the United States. Such appointments in grades below that of brigadier general shall be made by the President alone, and general officers by and with the advice and consent of the Senate: Provided, That an appointment, other than that of a member of the Regular Army made in time of war, shall continue until six months after its termination, and an officer appointed in time of war shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Par. 7, sec. 127a, added to act of June 3, 1916, by sec. 51, act of June 4, 1920 (41 Stat. 785), as amended by sec. 20, act of June 15, 1933 (48 Stat. 161); U. S. C. 10: 513. This section has been amended as above. * Appointment in 2161. Period of service; Officers' Reserve Corps.—* every case in the Officers' Reserve Corps shall be for a period of five years, but an appointment in force at the outbreak of war shall continue in force until six months after its termination: Provided, That an officer of the Officers' Reserve Corps shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Any officer of the Officers' Reserve Corps may be discharged at any time in the discretion of the President. * * * Sec. 37, act of June 3, 1916 (39 Stat. 189), as amended by sec. 32, act of June 4, 1920 (41 Stat. 776), as amended by sec. 2, act of Sept. 22, 1922 (42 Stat. 1033), as amended by sec. 3, act of June 15, 1933 (48 Stat. 154); U. S. C. 10: 358. This section has been amended as above. 2161a. Same; officers of the National Guard of the United States.-Officers in the National Guard of the United States shall be appointed for the period during which they are federally recognized in the same grade and branch in the National Guard: Provided, That an appointment in force at the outbreak of war shall continue in force until six months after its termination: And pro vided further, That such officer shall be entitled to be relieved from active Federal service within six months after its termination if he makes application therefor. Sec. 38, added to act of June 3, 1916, by sec. 3, act of June 6, 1924 (43 Stat. 470), as amended by sec. 4, act of June 15, 1933 (48 Stat. 155); U. S. C. 32: 19. 2166a. Council of National Defense.--That a Council of National Defense is hereby established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor. That the Council of National Defense shall nominate to the President, and the President shall appoint an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council, for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commisson shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. That it shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of extensive highways and branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the nation. That the Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed. * * * Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate thereto, and an annual report to the Congress shall be submitted through the President, including as full a statement of the activities of the council and the agencies subordinate to it as is consistent with the public interest, including an itemized account of the expenditures made by the council or authorized by it, in as full detail as the public interest will permit: Provided, however, That when deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures and report the gross sums so authorized not itemized. Sec. 2, act of Aug. 29, 1916 (39 Stat. 649), making appropriations for the support of the Army; U. S. C. 50: 1, 2, 3, 4, 5. The above provisions were omitted from the original text of the Military Laws, 1929. 2172a. Electric energy; generation and transmission. During the continuance of any war in which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, either upon its own motion or upon complaint, with or without notice, hearing, or report, to require by order such temporary connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judgment will best meet the emergency and serve the public interest. If the parties affected by such order fail to agree upon the terms of any arrangement between them in carrying out such order, the Commission, after hearing held either before or after such order takes effect, may prescribe by supplemental order such terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any such party. Sec. 202 (c), Part II, added to Federal Water Power Act of June 10, 1920, by Title II, Federal Power Act of Aug. 26, 1935 (49 Stat. 849); U. S. C. 16: 824a. 2184. Espionage Act; making false statements, inciting to disloyalty, obstructing enlistment. By Presidental Proclamation No. 2068, December 23, 1933, a full pardon was granted to persons convicted of violation of the provisions of this section and of section 5, Selective Service Act of May 18, 1917 (40 Stat. 76), who have complied with the sentences imposed on them. 2193a. Private property; taking for public use.-That a commission is hereby created to study and consider amending the Constitution of the United States to provide that private property may be taken by Congress for public use during war and methods of equalizing the burdens and to remove the profits of war, together with a study of policies to be pursued in event of war. The commission shall report definite recommendations to the President of the United States to be by him transmitted to the Congress not later than the first Monday in December 1931, together with copies of its proceedings and hearings and to report it, in their opinion, any constitutional amendment be necessary to accomplish the purposes desired: Provided, That said commission shall not consider and shall not report upon the conscription of labor. Sec. 1, pub. res. of June 27, 1930 (46 Stat. 825). That said commission shall be composed of four Members of the House of Representatives, to be appointed by the Speaker of the House of Representatives, and four Members of the Senate, to be appointed by the President of the Senate, the Secretary of War, Secretary of the Navy, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, and the Attorney General. Sec. 2, pub. res. of June 27, 1930 (46 Stat. 826). The said members to be appointed by the Speaker of the House of Representatives and the President of the Senate shall meet as soon as possible after the enactment of this resolution in the city of Washington, District of Columbia. 109831-37--28 The Secretary of War shall supply from the War Department all necessary office and clerical assistance. Sec. 3, pub. res. of June 27, 1930 (46 Stat. 826). When said commission shall meet it shall organize by electing one of its number as chairman and another as vice chairman and shall appoint a secre tary. Sec. 4, pub. res. of June 27, 1930 (46 Stat. 826). That no compensation shall be paid any member of said commission, and no expenses shall be incurred by them except the actual expenses of sustenance and travel for the members of the commission and printing and clerical assistance that cannot be reasonably provided by the War Department. Sec. 5, pub. res. of June 27, 1930 (46 Stat. 826). For report called for by above section see House Document No. 163, 72nd Congress. 2196a. Taking over property of Tennessee Valley Authority.—The Government of the United States hereby reserves the right, in case of war or national emergency declared by Congress, to take possession of all or any part of the property described or referred to in this act for the purpose of manufacturing explosives or for other war purposes; but, if this right is exercised by the Government, it shall pay the reasonable and fair damages that may be suffered by any party whose contract for the purchase of electric power or fixed nitrogen or fertilizer ingredients is hereby violated, after the amount of the damages has been fixed by the United States Court of Claims in proceedings instituted and conducted for that purpose under rules prescribed by the court. Sec. 20, act of May 18, 1933 (48 Stat. 68); U. S. C. 16: 8318. The above provision is from the "Tennessee Valley Authority Act of 1933." 2085, ante. 2197. Transportation; preference to troops and material. See 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. 2198a. Same; requisition of vessels.-(a) It shall be lawful for the Commission to requisition any vessel documented under the laws of the United States, during any national emergency declared by proclamation of the President, and when so taken or used, the owner shall be paid the fair actual value of the vessel at the time of taking, or paid the just compensation for the vessel's use based upon such fair actual value (excluding any national defense features previously paid for by the United States), less a deduction from such fair actual value of any construction differential subsidy allowed under this Act, and in no case shall such fair actual value be enhanced by the causes necessitating the taking. In the case of a vessel taken and used, but not purchased, the vessel shall be restored to the owner in a condition at least as good as when taken, less reasonable wear and tear, or the owner shall be paid an amount for reconditioning sufficient to place the vessel in such condition. The owner shall not be paid for any consequential damages arising from such taking or use. (b) Except in cases of vessels where a construction differential subsidy has been allowed and paid, in which case the value of the vessel for the purposes of this section shall be established as provided in section 802, the Commission shall ascertain the fair compensation for such taking or use and shall certify to Congress the amount so found by it to be due for appropriation and payment to the person entitled thereto. If the amount found by the Commission to be due is unsatisfactory to the person entitled thereto, such person shall be entitled to sue the United States for the amount of such just compensation and such suit shall be brought in the manner prescribed by paragraph 20 of section 24, or by section 145 of the Judicial Code, as amended (U. S. C., title 28, secs. 41, |