where such service will be more expeditious and efficient and at no greater cost than otherwise. (Acts March 3, 1917, c. 162, § 1, 39 Stat. 1066; July 2, 1918, c. 117, § 1, 40 Stat.; Feb. 28, 1919, c. 69, § 1; April 24, 1920, c. 161, § 1.)

Note. See same section in Barnes' Federal Code for a further provision in the prior statute, not reenacted in the Act of 1919 cited, concerning the fixing of rates of carriers by the Interstate Commerce Commission.

§ 6815a. Commission on carriage and handling of mail; loan of tractors to states. (a) A commission is hereby created to be composed of the chairman and four members of the Committee on Post Offices and Post Roads of the Senate, appointed by the President of the Senate, the chairman and four members of the Committee on the Post Office and Post Roads of the House of Representatives, appointed by the Speaker of the House, and a postal expert appointed by the Postmaster General. Such commission shall, by majority vote, appoint seven persons who are experienced in business or commercial transactions, or represent business or commercial organizations which make extensive use of the Postal Service, to act as an advisory council and to aid such commission in its work. Vacancies occurring in the commission or in such advisory council shall be filled in the same manner as the original appointments. No member of such advisory council shall receive any compensation for his services. The commission may employ and fix the compensation of such engineers, special experts, clerks, and other employees as it may deem necessary: Provided, That each executive department and independent establishment of the Government is hereby directed to furnish to the commission such engineers, special experts, clerks, and other employees as the commission may require, whenever, in the opinion of the head of such department or independent establishment, the public business thereof will not be materially affected thereby.

(b) The expenses of the commission and of the advisory council, including all necessary traveling expenses incurred by a member of the commission, a member of the advisory council, an engineer, special expert, clerk, or employee, under orders of the commission, in making any investigation or upon official business in other places than the place of his residence, shall be allowed and paid upon the presentation of itemized vouchers therefor, approved by the chairman of the commission, which approval shall be conclusive upon the accounting officers of the Treasury Department.

(c) The commission shall investigate all present and prospective methods and systems of handling, dispatching, transporting, and delivering the mails and the facilities therefor; and especially all methods and systems which relate to the handling, delivery and dispatching of the mails in the large cities of the United States.

On or before March 1, 1921, the commission shall make a report to Congress containing a summary of its findings and such recommendations for legislation as it may believe to be proper.

(d) For the purposes of this section, the commission shall have power to summon and compel the attendance of witnesses and the production of documentary evidence, and to administer oaths.

(e) The executive departments and independent establishments of the Government, when directed by the President, shall furnish the commission, on its request, all records, papers and information in their possession relating to any subject of investigation by the commission.

(f) The sum of $10,000, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be available immediately and until July 1, 1920; and the unexpended balance on June 30, 1920, of any appropriation for the service of the Post Office Department for the fiscal year ending June 30, 1920, or so much thereof as may be necessary, is hereby appropriated, to be available after June 30, 1920, for the purposes of this section.

The Secretary of War be, and he is hereby, authorized and empowered, at his discretion, and under such rules and regulations as he may prescribe, to loan to any State of the Union, when so requested by the highway department of the State, such tractors as are retained and not distributed under the Act approved March 15, 1920, for use in highway construction by the highway department of such State: Provided, That all expenses for repairs and upkeep of tractors so loaned and the expenses of loading and freight shall be paid by the State, both in transfer to the State and the return to the Army.

If the revenues of the Post Office Department shall be insufficient to meet the appropriations made by this Act, a sum equal to such deficiency of the revenue of said department is hereby appropriated, to be paid out of any money in the Treasury and not otherwise appropriated, to supply said deficiencies in the revenues for the Post Office Department for the year ending June 30, 1921, and the sum needed may be advanced to the Post Office Department upon requisition of the Postmaster General. (Act April 24, 1920, c. 161, §§ 6-8.)

CHAPTER 9.

CARRYING THE MAIL.

§ 6819. Definition of terms.

Note.-Act Feb. 28, 1919, c. 69, § 5, provides that the term "rural post roads," as used in this section, "shall be construed to mean any public road a major portion of which is now used, or can be used, for the transportation of the United States mails, excluding every street and road in a place having a population, as shown by the latest available Federal census, of two thousand five hundred or more, except that portion of any such street or road along which the houses average more than two hundred feet apart."

§ 6820a. Additional appropriations and expenditures for post roads.For the purpose of carrying out the provisions of said Act-Act July 11, 1916, c. 241, (§§ 6818-6824)—as herein amended, there is hereby appropriated, out of any money in Treasury not otherwise appropriated, the following additional sums: The sum of $50,000,000 for the fiscal year ending June 30, 1919, and available immediately; the sum of $75,000,000 for the fiscal year ending June 30, 1920; and the sum of $75,000,000 for the fiscal year ending June 30, 1921; said additional sums to be expended in accordance with the provisions of said Act: Provided, That where the constitution of any State prohibits the same from engaging upon internal improvements or from contracting public debts for extraordinary purposes in an amount sufficient to meet the monetary requirements of the Act of July 11, 1916, or any Act amendatory thereof, or restricts annual tax levies for the purpose of constructing and improving roads and bridges, and where a constitutional alteration or amendment to overcome either or all of such prohibitions must be submitted to a referendum at a general election, the sum to which such State is entitled under the method of apportionment provided in the Act of July 11, 1916, or any Act amendatory thereof, shall be withdrawn by the Secretary of the Treasury from the principal fund appropriated by the Act of July 11, 1916, or any Act amendatory thereof, upon receipt of the certification of the governor of such State to the existence of either or all of said prohibitions, and such sum shall be carried by the Secretary of the Treasury as a separate fund for future disbursement as hereinafter provided: Provided further, That when, by referendum, the constitutional alterations or amendments necessary to the enjoyment of the sum so withdrawn have been approved and ratified by any State, the Secretary of the Treasury, upon receipt of certification from the governor of such State to such effect, shall immediately make available to such State, for the purposes set forth in the Act of July 11, 1916, or any Act amendatory thereof, the sum withdrawn as hereinbefore provided: Provided further, That nothing herein shall be deemed to prevent any State from receiving such portion of said

principal sum as is available under its existing constitution and laws: Provided further, That in the expenditure of this fund for labor preference shall be given, other conditions being equal, to honorably discharged soldiers, sailors, and marines, but any other preference or discrimination among citizens of the United States in connection with the expenditure of this appropriation is hereby declared to be unlawful. (Act Feb. 28, 1919, c. 69 § 6.)

§ 6821. Project statement; construction of road.

Note. Act Feb. 28, 1919, c. 69, § 5, provides that this section is "amended so that the limitation of payments not to exceed $10,000 per mile, exclusive of the cost of bridges of more than twenty feet clear span, which the Secretary of Agriculture may make, be, and the same is, increased to $20,000 per mile."

§ 6823a. Title of highway statute. This act may be cited as the Federal Highway Act. (Act Nov. 9, 1921, c. 119, § 1, 42 Stat.)

§ 6823b. Definitions.-When used in this Act, unless the context indicates otherwise

The term "Federal Aid Act" means the Act entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, as amended by sections 5 and 6 of an Act entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1920, and for other purposes," approved February 28, 1919, and all other Acts amendatory thereof or supplementary thereto.

The term "highway" includes rights of way, bridges, drainage structures, signs, guard rails, and protective structures in connection with highways, but shall not include any highway or street in a municipality having a population of two thousand five hundred or more as shown by the last available census, except that portion of any such highway or street along which within a distance of one mile the houses average more than two hundred feet apart.

The term "State highway department" includes any State department, commission, board, or official having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary of Agriculture the duties herein required.

The term "maintenance" means the constant making of needed repairs to preserve a smooth surfaced highway.

The term "construction" means the supervising, inspecting, actual building, and all expenses incidental to the construction of a highway, except locating, surveying, mapping, and costs of rights of way.

The term "reconstruction" means a widening or a rebuilding of the highway or any portion thereof to make it a continuous road, and of sufficient width and strength to care adequately for traffic needs. The term "forest roads" means roads wholly or partly within or adjacent to and serving the national forests.

The term "State funds" includes for the purposes of this Act funds raised under the authority of the State, or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department. (Act Nov. 9, 1921, c. 119, § 2, 42 Stat.)

§ 6823c. Transfer of functions of defense council.-All powers and duties of the Council of National Defense under the Act entitled "An Act making appropriations for the support of the Army for the fiscal

year ending June 30, 1917, and for other purposes," approved August 29, 1916, in relation to highway or highway transport, are hereby transferred to the Secretary of Agriculture, and the Council of National Defense is directed to turn over to the Secretary of Agriculture the equipment, material, supplies, papers, maps, and documents utilized in the exercise of such powers. The powers and duties of agencies dealing with highways in the national parks or in military or naval reservations under the control of the United States Army or Navy, or with highways used principally for military or naval purposes, shall not be taken over by the Secretary of Agriculture, but such highways shall remain under the control and jurisdiction of such agencies.

The Secretary of Agriculture is authorized to cooperate with the State highway departments, and with the Department of the Interior in the construction of public highways within Indian reservations, and to pay the amount assumed therefor from the funds allotted or apportioned under this Act to the State wherein the reservation is located. (Act Nov. 9, 1921, c. 119, § 3, 42 Stat.)

§ 6823d. Highway accounting division.-The Secretary of Agriculture shall establish an accounting division which shall devise and install a proper method of keeping the accounts. (Act Nov. 9, 1921, c. 119, § 4, 42 Stat.)

§ 6823e. Transfer of war material for roads.-The Secretary of War be, and he is hereby, authorized and directed to transfer to the Secretary of Agriculture, upon his request, all war material, equipment, and supplies now or hereafter declared surplus from stock now on hand and not needed for the purposes of the War Department but suitable for use in the improvement of highways, and that the same shall be distributed among the highway departments of the several States to be used in the construction, reconstruction, and maintenance of highways, such distribution to be upon the same basis as that hereinafter provided for in this Act in the distribution of Federal-aid fund: Provided, That the Secretary of Agriculture, in his discretion, may reserve from such distribution not to exceed 10 per centum of such material, equipment, and supplies for use in the construction, reconstruction, and maintenance of national forest roads or other roads constructed, reconstructed, or maintained under his direct supervision. (Act Nov. 9, 1921, c. 119, § 5, 42 Stat.)

§ 6823f. Road projects.—In approving projects to receive Federal aid under the provisions of this Act the Secretary of Agriculture shall give preference to such projects as will expedite the completion of an adequate and connected system of highways, interstate in character.

Before any projects are approved in any State, such State, through its State highway department, shall select or designate a system of highways not to exceed 7 per centum of the total highway mileage of such State as shown by the records of the State highway department at the time of the passage of this Act.

Upon this system all Federal-aid apportionments shall be expended.

Highways which may receive Federal aid shall be divided into two classes, one of which shall be known as primary or interstate highways, and shall not exceed three-sevenths of the total mileage which may receive Federal aid, and the other which shall connect or correlate therewith and be known as secondary or intercounty highways, and shall consist of the remainder of the mileage which may receive Federal aid.

The Secretary of Agriculture shall have authority to approve in whole or in part the systems as designated or to require modifications or revisions thereof: Provided, That the States shall submit to the Secretary of Agriculture for his approval any proposed revisions of the designated systems of highways above provided for.

Not more than 60 per centum of all Federal aid allotted to any State shall be expended upon the primary or interstate highways until provision has been made for the improvement of the entire system of such highways: Provided, That with the approval of any State highway department the Secretary of Agriculture may approve the expenditure of more than 60 per centum of the Federal aid apportioned to such State upon the primary or interstate highways in such State.

The Secretary of Agriculture may approve projects submitted by the State highway department prior to the selection, designation, and approval of the system of Federal-aid highways herein provided for if he may reasonably anticipate that such projects will become a part of such system.

Whenever provision has been made by any State for the completion and maintenance of a system of primary or interstate and secondary or intercounty highways equal to 7 per centum of the total mileage of such State, as required by this Act, said State, through its State highway department, by and with the approval of the Secretary of Agriculture, is hereby authorized to add to the mileage of primary or interstate and secondary or intercounty systems as funds become available for the construction and maintenance of such additional mileage. (Act Nov. 9, 1921, c. 119, § 6, 42 Stat.)

§ 6823g. State_provision of road funds.-Before any project shall be approved by the Secretary of Agriculture for any State such State shall make provisions for State funds required each year of such States by this Act for construction, reconstruction, and maintenance of all Federal-aid highways within the State, which funds shall be under the direct control of the State highway department. (Act Nov. 9, 1921, c. 119, § 7, 42 Stat.)

§ 6823h. Kinds and width of roads.-Only such durable types of surface and kinds of materials shall be adopted for the construction and reconstruction of any highway which is a part of the primary or interstate and secondary or intercounty systems as will adequately meet the existing and probable future traffic needs and conditions thereon. The Secretary of Agriculture shall approve the types and width of construction and reconstruction and the character of improvement, repair, and maintenance in each case, consideration being given to the type and character which shall be best suited for each locality and to the probable character and extent of the future traffic. (Act Nov. 9, 1921, c. 119, § 8, 42 Stat.)

§ 6823i. Tolls; right of way. All highways constructed or reconstructed under the provisions of this Act shall be free from tolls of all kinds.

All highways in the primary or interstate system constructed after the passage of this Act shall have a right of way of ample width and a wearing surface of an adequate width which shall not be less than eighteen feet, unless, in the opinion of the Secretary of Agriculture, it is rendered impracticable by physical conditions, excessive costs, probable traffic requirements, or legal obstacles. (Act Nov. 9, 1921, c. 119, § 9, 42 Stat.)

§ 6823j. Availability of federal funds. When any State shall have met the requirements of this Act, the Secretary of the Treasury, upon receipt of certification from the governor of such State to such effect, approved by the Secretary of Agriculture, shall immediately make available to such State, for the purposes set forth in this Act, the sum apportioned, to such State as herein provided. (Act Nov. 9, 1921, c. 119, § 10, 42 Stat.)

§ 6823k. State project statements.-Any State having complied with the provisions of this Act, and desiring to avail itself of the benefits thereof,