By section 4, act of July 27, 1939 (53 Stat. 1130), the Secretary of War was authorized to transfer to the Treasury Department for the use of the Coast Guard the Yerba Buena Island Military Reservation, San Francisco Bay, California.

By act of August 5, 1939 (53 Stat. 1204), the Secretary of War was authorized to transfer to the control and jurisdiction of the Treasury Department portions of the Morehead City Target Range, North Carolina.

A portion of the Fort Armstrong Military Reservation, Honolulu, Hawaii, now occupied by the Department of Labor under revocable permit, was authorized to be transferred to the control and jurisdiction of that Department by act of August 5, 1939 (53 Stat. 1209), in exchange for certain other lands to be transferred from the Department of Labor to the War Department.

1007. Military reservations; sale to States, counties, or municipalities.

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By act of May 26, 1939 (53 Stat. 783), the Secretary of War was authorized to quitclaim to the State of Minnesota the bridge across the Mississippi River at Fort Snelling, Minnesota.

Certain lands constituting part of the West Point Military Reservation, New York, were granted to the Palisades Interstate Park Commission, States of New York and New Jersey, in exchange for other lands by act of June 2, 1939 (53 Stat. 803).

By act of July 17, 1939 (53 Stat. 1048), the Secretary of War was authorized to convey a portion of the Fort Francis E. Warren Military Reservation, Wyoming, to the city of Cheyenne in exchange for certain other lands.

1013. Military reservations; transfer to Interior Department.

Under authority of this section certain lands in New Mexico were transferred from the War Department to the Interior Department by Executive Order No. 8376, March 13, 1940. 1015. Military reservations; transfer to Public Health Service and Veterans' Administration.

Under authority of section 1, act of March 3, 1925 (43 Stat. 1212), the Fort Howard Military Reservation, Maryland, was transferred to the control and jurisdiction of the Veterans' Administration by Executive Order No. 8501, August 2, 1940.

1019. Flood control lands; condemnation.

Notes of Decisions

May 15, 1928, 33 U. S. C. A., sec. 702a et seq.; Jud. Code, sec. 24 (20), 28 U. S. C. A., sec. 41 (20); U. S. C. A. Const. amend. 5. Danforth v. U. S. (C. C. A., 1939), 102 F. (2d) 5; affirmed on rehearing (C. C. A., 1939), 105 F. (2d) 318,

In general. Where Government repudiated valid contract to purchase flowage easement and instituted proceedings to condemn easement in Federal District Court, the court did not have jurisdiction to entertain easement owner's demand that damages in condemnation proceedings be determined ac- In proceeding by Government to condemn cording to his contract with the Govern- flowage easement, a "taking" occurred at ment rather than by statutory mode, since in time work was started so far as condemnee's instituting the proceedings the Government | right to interest was concerned. Mississippi did not enter court as a "private suitor" River Flood Control Act, May 15, 1928, 33 and so submit itself to the court's Jurisdic- U. S. C. A., sec. 702a et seq. Id. tion. Mississippi River Flood Control Act,

1020. National forests; acquisition of lands for.

1027. River and harbor lands; right of possession and compensation in condemnation proceedings.

Dismissal of proceedings.

Yazoo & M. V. R. Co. et al.

Notes of Decisions

Omit: U. S. v. 4 F. Supp. 366; reversed (C. C. A., 1934), (D. C., 1933), 67 F. (2d) 1019.

1028a. River and harbor lands; easements for public roads and streets.

By act of May 26, 1939 (53 Stat. 784), the Secretary of War was authorized to grant to the city of Duluth, Minnesota, an easement for park purposes in river and harbor lands located in Saint Louis County, Minnesota.

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By act of May 1, 1940 (54 Stat. 176), the Secretary of War was authorized to grant to the State of New Mexico an easement for the use of land on the South Canadian river for public recreational purposes.

By act of June 13, 1940 (54 Stat. 386), the Secretary of War was authorized to grant an easement for pipe lines across public lands reserved for military purposes in the parish of Plaquemines, Louisiana.

1028b. River and harbor lands; exchange.

That section 2 of the River and Harbor Act of June 20, 1938, is hereby made applicable to authorized works of flood control. Sec. 3, act of Aug. 11, 1939 (53 Stat. 1414); 33 U. S. C. 558b-1.

The above provision is added as a new paragraph of this section.

1029. River and harbor lands; sale.

The act of February 6, 1940 (54 Stat. 20), authorizes the Secretary of War to convey to the State of Texas and county of Galveston, Texas, certain lands located on Galveston Island, Texas.

The act of May 28, 1940 (54 Stat. 225), authorizes the Secretary of War to convey to the Port of Cascade Locks, Oregon, certain lands for municipal purposes.

1030. Memorials; erection in the District of Columbia.

Public resolution of March 24, 1937 (50 Stat. 51), authorizing acceptance of the Mellon National Gallery of Art, was amended by public resolution of April 13, 1939 (53 Stat. 577).

Public resolution of August 9, 1939 (53 Stat. 1300) authorizes the erection of the "Columbian Fountain" on a suitable site in the City of Washington.

The act of April 22, 1940 (54 Stat. 157), authorizes the Commissioners of the District of Columbia to accept and maintain a memorial fund to the members of the Metropolitan Police Department.

By act of June 11, 1940 (54 Stat. 299), the statue of George Washington now standing on the steps of the subtreasury building in the city of New York is to be transferred to the District of Columbia and erected on a suitable granite pedestal.

1031. Military posts; establishment.

Notes of Decisions

State taxation; Government-owned lands. | 306 U. S. 650.

(3d paragraph.)-Change citation to read: (4th paragraph.)-Executive Order No. U. S. v. City of Springfield (D. C., 1938), 7242 was amended by Executive Order No. 22 F. Supp. 672; affirmed (C. C. A., 1938), 8267, October 5, 1939. 99 F. (2d) 860; certiorari denied (1939),

1032. National military parks; investigations, surveys, and acquisition of sites. The Chalmette National Historical National Park, in the State of Louisiana, was established by act of August 10, 1939 (53 Stat. 1342), to be administered by the National Park Service under the direction of the Secretary of the Interior.

1039. National monuments; establishment.

Fort McHenry National Park, Maryland, was designated "Fort McHenry National Monument and Historic Shrine" by act of August 11, 1939 (53 Stat. 1405).

The act of January 29, 1940 (54 Stat. 18), authorizes an appropriation for acquisition of lands in Charlotte County, Virginia, to be designated "The Patrick Henry National Monument."

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1042. Public works; advance planning.

Executive Order No. 8455, June 26, 1940, designates construction agencies in addition to those listed in section 2(d), act of February 10, 1931 (46 Stat. 1084).

1043. Roads; repairs.

This provision has been repeated in subsequent appropriation acts.

1046. Roads to national cemeteries; maintenance.

This provisions has been repeated in subsequent appropriation acts.

1047. Roads to national cemeteries; railroads excluded.

This provision has been repeated in subsequent appropriation acts.

1048. Roads to national cemeteries; conveyance to States, counties, and municipalities.

As repeated in the appropriation act for the fiscal year 1940 and subsequent acts, the word "to" is inserted in place of the word "in" after the words "approach road" in fourth line of this section.

1051. Statue of Liberty; maintenance and repairs.

The control and administration of the Statute of Liberty was transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior (designated the "National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department) by Executive Order No. 6166 of June 10, 1933, as interpreted by Executive Order No. 6228 of July 28, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended. The text of this section as published in the 1939 Edition based on act of April 28, 1904 (33 Stat. 498) should accordingly be omitted from the Military Law.

1059. Washington Aqueduct.

The last paragraph of this section has been repeated in subsequent appropriation acts.

That on and after the date of enactment of this Act any World War veteran suffering from paralysis, paresis, or blindness, or who is helpless or bedridden, as the result of any disability, may be awarded compensation under the laws and interpretations governing this class of cases prior to the enactment of Public Law Numbered 2, Seventy-third Congress, March 20, 1933, subject, however, to the limitations, except as to misconduct or wilful misconduct, contained in sections 27 and 28 of Public Law Numbered 141, Seventy-third Congress, March 28, 1934, as amended by section 5 of Public Law Numbered 304, Seventy-fifth Congress, August 16, 1937: Provided, That the language herein contained shall not be construed to reduce or discontinue compensation authorized under the provisions of section 26 of Public Law Numbered 141, Seventy-third Congress: Provided further, That where a World War veteran dies or has died, and service connection for any of the foregoing conditions is or would have been established under the provisions of this amendment, the surviving widow, child, or children, if otherwise eligible thereto, shall be awarded death compensation under Public Law Numbered 484, Seventy-third Congress, as amended. Sec. 1, act of July 19, 1939 (53 Stat. 1067); sec. 7, act of Oct. 17, 1940 (54 Stat. 1196) ; 38 U. S. C. 7036.

The above provision is added as a new paragraph of this section. For acts referred to see 1060, 1062, ante; 1069, post.

1065. Death compensation, service-connected; rates.-Effective on the 1st day of the month next following the date of enactment of this Act, the rates of death

compensation payable under the provisions of existing laws or veterans regulations to a surviving widow, child, or children, and/or dependent mother or father now on the rolls or hereafter to be placed on the rolls as the surviving widow, child, or children, and/or dependent mother or father of any World War veteran who died as the result of injury or disease incurred in or aggravated by active military or naval service in the World War, shall be as follows:

Widow, age under fifty years, $38; widow, age fifty years or over, $45; widow with one child, $10 additional for such child up to ten years of age, increased to $15 from age ten (with $8 for each additional child up to ten years of age, increased to $13 from age ten) (subject to apportionment regulations); no widow but one child, $20; no widow but two children, $33 (equally divided); no widow but three children, $46 (equally divided) (with $8 for each additional child, total amount to be equally divided); dependent mother or father, $45 (or both) $25 each. As to the widow, child, or children, the total compensation payable under this section shall not exceed $83. The amount of compensation herein authorized shall be paid in the event the monthly payment of compensation under Veterans' Regulation Numbered 1(g) and the monthly payment of yearly renewable term or automatic insurance does not aggregate or exceed the amount of compensation herein authorized.

As to the surviving widow, child, or children, and/or dependent mother or father on the rolls on the date of enactment of this Act, any increased award herein authorized shall be effective from the date of enactment of this Act and in all other cases, except as provided in section 6 of Public Law Numbered 304, Seventy-fifth Congress, approved August 16, 1937, effective dates of awards shall be governed by the provisions of veterans' regulations promulgated under Public Law Numbered 2, Seventy-third Congress, March 20, 1933. Sec. 3, act of Aug. 16, 1937 (50 Stat. 660); sec. 5, act of July 19, 1939 (53 Stat. 1070); 38 U. S. C. 4726. This section has been amended as above.

1069. Death compensation; nonservice-connected.

There shall be no recovery of payments heretofore or hereafter made under the provisions of this Act from any person who, in the judgment of the Administrator, is without fault on his part and where, in the judgment of the Administrator, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. No disbursing officer and no certifying officer shall be held liable for any amount paid to any person where the recovery of such amount from the payee is waived under the provisions of this section. This section shall be deemed to be in effect as of June 28, 1934. Sec. 6, added to act of June 28, 1934 by sec. 1, act of Oct. 17, 1940 (54 Stat. 1193) ; 38 U. S. C. 507a.

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(a) The surviving widow, child, or children of any deceased person who served in the World War before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, who, while receiving or entitled to receive compensation, pension, or retirement pay for 10 per centum disability or more presumptively or directly incurred in or aggravated by service in the World War, dies or has died from a disease or disability not service connected shall, upon filing application and such proofs in the Veterans' Administration as the Administrator of Veterans' Affairs may prescribe, be entitled to receive compensation as provided by this Act.

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(b) The surviving widow, child, or children of any deceased person who served in the World War before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, and who