ARMY SERVICE AND POST SCHOOLS Army War College, 506. Aviation schools, 507. Engineer School, 510. Aviation schools, enrollment of civilian in- Command and General Staff School, 512. structors, 507a. Cavalry School, 508. Infantry School, 513. Schools for bakers and cooks, 517. Coast Artillery School, 509. 506. Army War College. The second paragraph of this section has been repeated in subsequent appropriation acts. 507. Aviation schools. The fourth paragraph of this section has been repeated in subsequent appropriation acts. 507a. Aviation schools; enrollment of civilian instructors.-The Secretary of War, in his discretion and under such rules and regulations as he may prescribe, is authorized to enroll as students at the Air Corps Training Center, for the pursuit of such courses of instruction as may be prescribed therefor, such civilians, upon their own applications, as may be selected from the instructional staffs of those civilian flying schools which have been accredited by the War Department for the education, experience, and training of personnel of the Military Establishment: Provided, That except for the furnishing of such supplies, matériel, or equipment as may be necessary for training purposes, the training of such students shall be without cost to the United States: Provided further, That in case of injury to or sickness of such students, hospital or medical treatment may be given in Government hospitals, but shall be without expense to the United States other than for services of Medical Department personnel and the use of hospital equipment, not including medicines or supplies: And provided further, That the United States shall be under no obligation in respect to payment of a pension, compensation, or other gratuity to the dependents of any such student who dies of disease or injury while undergoing such training, nor to any such student in the event of personal injury sustained by him. Sec. 3, act of Apr. 3, 1939 (53 Stat. 556); 10 U. S. C. 2920-1. 508. Cavalry School. The second paragraph of this section has been repeated in subsequent appropriation acts. 509. Coast Artillery School.-For purchase of engines, generators, motors, machines, measuring and laboratory instruments, special apparatus, and materials; for purchase and binding of professional books; for newspapers and periodicals; for incidental expenses; for pay for employees; for office furniture and fixtures; for maintenance, operation, and repair of motor vehicles; and unforeseen expenses; in all, $30,955. Sec. 1, military appropriation act of June 13, 1940 (54 Stat. 369). As repeated in the appropriation act for the fiscal year 1941 this provision has been modified as above. 510. Engineer School. This provision has been repeated in subsequent appropriation acts. 511. Field Artillery School. This provision has been repeated in subsequent appropriation acts. 512. Command and General Staff School. This provision has been repeated in subsequent appropriation acts. 513. Infantry School. This provision has been repeated in subsequent appropriation acts. 517. Schools for bakers and cooks. This provision has been repeated in subsequent appropriation acts. AERONAUTICS Government-owned air navigation facilities Civil Aeronautics Authority: available for public use, 518. Public airports available for Government use, 519. Airspace reservations, 519a. National Advisory Committee for Aeronau tics; purchase of supplies, 524. Establishment, 524a. Duties and powers, 524b. Civilian Pilot Training Act, 524c. 518. Government-owned air navigation facilities available for public use. Executive Order No. 8486, July 16, 1940, provides for the withdrawal of public lands in the State of Arizona for use by the Civil Aeronautics Authority in the establishment and maintenance of air-navigation facilities. 519. Public airports available for Government use. The first supplemental civil functions appropriation act of October 9, 1940 (54 Stat. 1039), appropriates $40,000,000 for the construction, improvement, and repair of not to exceed two hundred and fifty public airports and other landing areas in the United States and its possessions, as determined to be necessary for the national defense. 519a. Airspace reservations. Under authority of the act of July 9, 1937 (50 Stat. 486), Regulations governing the entrance of foreign and domestic aircraft into the Canal Zone, and navigation therein, were prescribed by Executive Order No. 8251, September 12, 1939, as amended by Executive Order No. 8271, October 16, 1939. Executive Order No. 7910, June 16, 1938, establishing an airspace reservation over a portion of the District of Columbia, was superseded by Executive Order No. 8378, March 18, 1940. Airspace reservations established under authority of this section are declared to be "vital military and naval installations" within the meaning of 2187a, post, by Executive Order No. 8381, March 22, 1940. 524. National Advisory Committee for Aeronautics; purchase of supplies. This section, based on section 1, act of April 22, 1926 (44 Stat. 314); 50 U. S. C. 154, was expressly repealed by section 4, act of October 10, 1940 (54 Stat. 1111). The subject matter is covered by 727a, post. 524a. Civil Aeronautics Authority; establishment. By section 3, independent offices appropriation act of March 16, 1939 (53 Stat. 550), and subsequent appropriation acts, the salary of the Administrator and members of the Civil Aeronautics Authority was fixed at $10,000. each per annum. The act of June 29, 1940 (54 Stat. 688), defines the boundaries of the Washington National Airport and provides for its administration by the Administrator of the Civil Aeronautics Authority. The first supplemental civil functions appropriation act of October 9, 1940 (54 Stat. 1039), makes an appropriation for the care, operation, maintenance, and protection of this airport, and for the construction of five hangars. 524b. Civil Aeronautics Authority; duties and powers. By section 7, Reorganization Plan No. IV, transmitted to Congress under date of April 11, 1940, under authority of 888c, post, the functions of the Civil Aeronautics Authority and of the Administrator thereof, and the functions of the Air Safety Board, were transferred to and placed under the jurisdiction of the Department of Commerce. For regulations pertaining to access to aircraft, registration, waiver of air traffic rules, etc., issued under authority of this section, see Federal Register of May 16, 1940, page 1757. 524c. Civilian Pilot Training Act.-That this Act may be cited as the "Civilian Pilot Training Act of 1939." Sec. 1, act of June 27, 1939 (53 Stat. 855); 49 U. S. C. 751. The Civil Aeronautics Authority is authorized, within the limits of available appropriations made by the Congress, to train civilian pilots or to conduct programs for such training, including studies and researches as to the most desirable qualifications for aircraft pilots. Such training or programs shall be conducted pursuant to such regulations as such Authority may from time to time prescribe, including regulations requiring students participating therein to maintain appropriate insurance and to pay such laboratory or other fees for ground-school training, not exceeding $40 per student, as the Authority may deem necessary or desirable: Provided, That in the administration of this Act, none of the benefits of training or programs shall be denied on account of race, creed, or color. Such training or programs may be carried out either through the use of the facilities and personnel of the Authority or by contracts with educational institutions or other persons (as defined in section 1 (27) of the Civil Aeronautics Act of 1938). Sec. 2, act of June 27. 1939 (53 Stat. 855); 49 U. S. C. 752. At least 5 per centum of the students selected for training under this Authority shall be selected from applicants other than college students. Sec. 3, act of June 27, 1939 (53 Stat. 856) ; 49 U. S. C. 753. The Authority is authorized to lease or accept loans of such real property, and to purchase, lease, exchange, or accept loans of such personal property, as may be necessary or desirable for carrying out the provisions of this Act. Sec. 4, act of June 27, 1939 (53 Stat. 856) ; 49 U. S. C. 754. For the purpose of carrying out its functions under this Act, the Authority is authorized to exercise all powers conferred upon it by the Civil Aeronautics Act of 1938 and to appoint and fix the compensation of experienced instructors, airmen, medical and other professional examiners and experts in training or research without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States. The provisions of section 3709 of the Revised Statutes shall not apply to contracts with educational institutions and other persons for the use of aircraft or other facilities or for the performance of services authorized by section 2 of this Act. Sec. 5, act of June 27, 1939 (53 Stat. 856) ; 49 U. S. C. 755. Any executive department or independent establishment is hereby authorized to cooperate with the Authority in carrying out the purposes of this Act, and for such purposes may lend or transfer to the Authority, by contract or otherwise, or if so requested by the Authority, lend to educational institutions or other persons cooperating with the Authority in the conduct of any such training or program, civilian officials, experts, or employees, aircraft and other property or equipment, and lands or buildings under its control and in excess of its own requirements. Sec. 6, act of June 27, 1939 (53 Stat. 856) ; 49 U. S. C. 756. There is hereby authorized to be appropriated the sum of $5,675,000 for the purpose of carrying out the provisions of this Act during the fiscal years 1939 and 1940 and not to exceed the sum of $7,000,000 during each subsequent fiscal year. This Act shall expire on July 1, 1944, and all contracts, leases, or other obligations entered into under this Act shall expire on or prior to such date: Provided, That no alien shall receive training under the provisions of this Act. Sec. 7, act of June 27, 1939 (53 Stat. 856) ; 49 U. S. C. 757. By section 7, Reorganization Plan No. III, transmitted to Congress under date of April 2, 1940, under authority of 888c, post, the functions vested in the Civil Aeronautics Authority by this section were transferred to the Administrator of Civil Aeronautics. To carry out the purposes of this act, appropriations were made as follows: $4,000,000 by the Third Deficiency appropriation act of August 9, 1939 (53 Stat. 1302); $5,000,000 by the independent offices appropriation act of April 18, 1940 (54 Stat. 115); $32,000,000 by First Supplemental National Defense appropriation act of June 26, 1940 (54 Stat. 599). BONDS General provisions, surety companies, deposit Contractors, 542. Schools, District of Columbia, 550. 534. Surety companies; deposit of charter and statement of assets and liabilities. Notes of Decisions Paid-up capital.-Sec. 3, act of Aug. 13, 1894 (28 Stat. 279), as amended, requiring a corporate surety to have a paid-up capital of not less than $50,000 was apparently intended to insure the financial integrity of a surety company and to require the maintenance of a fixed fund to protect the United States against losses. 542. Bonds of contractors. The "Paid-up capital" requirement, supra, is satisfied, under conditions stated, by a mutual company, whose capital required by State law is equivalent to capital stock of a stock company. (July 28, 1939), 39 Op. Atty. Gen. No. 84.) Notes of Decisions work or material would be allowed unless such had been ordered in writing by the contracting officer with the price stated in such 40 U. S. C. A., sec. 270b(a). U. S. Contracts within statute.-The work of with United States that no charge for extra raising sunken towboat from canal under contract with United States was "public work," within statute authorizing recovery on contractor's bond to pay persons supply-order. ing labor and material in prosecution of ex rel. Park L. Davis Co. v. Matthew Cumsuch work. 40 U. S. C. A., sec. 270b. U. S., mings Co. et al. (D. C., 1939), 27 F. Supp. for Use and Benefit of Shlager et al. v. 405. MacNeil Bros. Co. et al. (D. C., 1939), 27 F. Supp. 180. Materials and services covered.-Where United States employed contractor to Install boilers on United States Army transport and contractor was required to repair installation work due to alleged improper operation by United States, claim for repair work was claim which contractor under statute was entitled to assert against United States. Jud. Code, sec. 24 (20), 28 U. S. C. A., sec. 41 (20). U. S. to Use and for Benefit of Foster Wheeler Corp. v. American Surety Co. of New York et al. (D. C., | 1938), 25 F. Supp. 700. Final settlement.-A contractor under contract to perform government work and surety on his bond could not question validity of Comptroller General's certificate certifying date of final settlement of contract or statute making certificate conclusive where bond was executed after enactment and effective date of statute, since statute had to be read into bond and its provisions treated as part of original agreement. 40 U. S. C. A., sec. 270c. U. S., for Use and Benefit of Tobin Quarries, Inc., v. Glasscock et al. (D. C., 1939), 27 F. Supp. 534. Disposition of funds withheld by Government. (1st, 2d, and 3d paragraphs.)— Change citation to read: Philadelphia Nat. Bank v. McKinlay (App. D. C., 1934), 72 F. (2d) 89; certiorari denied (1934), 293 U. S. One who on oral request of subcontractor furnished extra labor and material in prosecution of public work under Federal contract secured by payment therefor, notwithstanding provision in contractor's contract 583. 550. Bonds; District of Columbia Schools. A similar provision has appeared in subsequent appropriation acts. 41 |