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to replace obsolete or condemned prior issues, turn in to the War Department or otherwise dispose of, in accordance with the directions of the Secretary of War, all property so replaced or condemned, and shall not receive any money credit therefor. Sec. 85, act of June 3, 1916 (39 Stat. 204).

2607. Issue of Infantry equipment M. 1910 in place of obsolete type.-Provided, That whenever in the opinion of the Secretary of War a sufficient number of Infantry equipment, model of nineteen hundred and ten, shall have been procured and shall be available for the purpose the Secretary of War is hereby authorized to issue on the requisition of the governors of the severa) States and Territories or the commanding general of the District of Columbia National Guard, such numbers thereof as are required for equipping the National Guard in said States, Territories, and the District of Columbia, without charging the cost or value thereof or any expenses connected therewith, against any allotment to said States, Territories, or the District of Columbia, provided that the equipment thus issued shall be receipted for and shall remain the property of the United States and be annually accounted for in the manner prescribed by the Act of June third, nineteen hundred and sixteen, and that each State, Territory, and the District of Columbia shall, upon receipt of new equipment, turn in to the Ordnance Department of the United States Ariny, without receiving any money credit therefor and without expense for transportation of Infantry equipment now in its possession, the property of the United States, and replaced by articles of the model of nineteen hundred and ten equipment,

Act of May 12, 1919 (40 Stat. 68), making appropriations for the support of the Army: National Guard.

This provision is similar to that contained in the act of Aug. 29, 1916 (39 Stat. 647), except, where the words, “in the manner prescribed by the act of June third, nineteen hundred and sixteen," are here used, the words, by the governors of the several States, Territories, and commanding general of the District of Columbia National Guard as now required by law" are there used.

2608. Issue of automatic pistols in place of revolvers.-- * * * Provided, That whenever in his opinion a sufficient number of automatic pistols of the standard service type, holsters, and pistol-cartridge boxes therefor, shall have been procured and be available for the purpose, the Secretary of War is hereby authorized to issue, on the requisition of the governors of the several States and Territories, or of the commanding general of the Militia of the District of Columbia, such number of standard pistols, holsters, and pistol-cartridge boxes therefor as are required for arming all of the Organized Militia in said States, Territories, and District of Columbia, without charging the cost or value thereof, or any expense connected therewith, against the allotment to said State, Territory, or District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring payment therefor, and to exchange, without receiving any money credit therefor, ammunition, or parts thereof, suitable to the new standard pistol, round for round, for corresponding ammunition suitable to the old revolver theretofore issued to said States, Territory, or District by the United States: Provided, That the said standard pistols, holsters, and pistol-cartridge boxes therefor shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States and Territories and the commanding general of the Militia of the District of Columbia as now required by law, and that each State, Territory, and District shall, on receipt of the new pistols, holsters, and pistol-cartridge boxes, and ammunition, turn into the Ordnance Department of the United States Army, with

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1261 out receiving any money eredit therefor and without expense for transportation, all United States revolvers and ammunition therefor, holsters, and revolver. cartridge boxes now in its possession.

To provide means to carry into effect the foregoing provisions, the necessary money, not to exceed three hundred thousand dollars, to recover the cost of exchanging or issuing the new pistols, ammunition therefor, holsters, and pistol-cartridge boxes to be exchanged or issued hereunder, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. Act of Mar. 3, 1911 (36 stat. 1057).

The portion of this section referring to R. S. 1661, was superseded by the provision for annual appropriation in sec. 67 of the national defense act of June 3, 1916, set forth 2584, ante. 2609. Care and protection of stores.--

Prorided, That as a condition precedent to the issue of any property as provided for by this Act, the State, Territory, or the District of Columbia desiring such issue shall make adequate provision, to the satisfaction of the Secretary of War, for the protection and care of such property:

Sec. 83, act of June 3, 1916 (39 Stat. 204). 2610. Accounting for stores.--That the purchase or manufacture of arms, ordnance stores, quartermaster stores, and camp equipage for the militia under the provisions of this Act shall be made under the direction of the Secretary of War, as such arms, ordnance and quartermaster stores, and camp equipage are now manufactured or otherwise provided for the use of the Regular Army, and they shall be receipted for and shall remain the property of the United States, and be annually accounted for by the governors of the States and Territories and by the commanding general of the National Guard of the District of Columbia, for which purpose the Secretary of War shall prescribe and supply the necessary blanks and make such regulations as he may deem necessary to protect the interests of the United States. R. S. 1661, as amended by sec. 3, act of June 22, 1906 (34 Stet. 459). 2611. Purchase of stores from any supply bureau of the War Department. –

Provided further, That whenever it shall be shown to the satisfaction of the Secretary of War that the National Guard of any State, Territory, or the District of Columbia, is properly organized, armed, and equipped for field service, funds allotted to that State, Territory, or District for the support of its National Guard may be used for the purchase, from the War Department, of any article issued by any of the supply departments of the Army. Sec. 83. act of June 3, 1916 (39 Stat. 201).

See 2617, post.

2612. Issue of clothing, equipment, etc., to the National Guard organized after the World War.-The Secretary of War is hereby authorized to issue from stores now on hand and purchased for the United States Army such articles of clothing and equipment matériel as may be needed by the National Guard organized under the provisions of the Act entitled "An Act for making further and more effectual provision for the national defense, and for other purposes," approved June 3, 1916. This issue shall be made without charge against militia appropriations and shall be reimbursed in kind for all Federal property brought into service by State troops :

Act of July 11, 1919 (41 Stat. 126), making appropriations for the support of the Army: National Guard.

* * * And prorided further, That the Secretary of War is hereby directed to issue from surplus stores and matériel now on hand and purchased for the

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United States Army such articles of clothing and equipment and Field Artillery matériel and ammunition as may be needed by the National Guard organizeci under the provisions of the Act entitled "An Act for making further and more effectual provisions for the national defense, and for other purposes," approved June 3, 1916. This issue shall be made without charge against militia appropriations. Act of June 5, 1920 (41 Stat. 973), making appropriations for the support of the Army: National Guard.

2613. Ammunition for target practice. That the troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military commander. Sec. 21, act of Jan. 21, 1903 (32 Stat. 779).

2614. Equipment of coast artillery armories of the National Guard.—For the purchase of material, equipment, books of instruction, range finders, and firecontrol equipment for the instruction and use of State coast artillery organizations,

dollars: Provided, That in time of war, or threatened war, such equipment may, in the discretion of the Secretary of War, he withdrawn from armories or other places where it is in use by the State coast artillery organizations, and may be used in the fortifications of the United States. Act of Mar. 3, 1909 (35 stat. 750).

2615. Loss or damage of stores issued to the National Guard.-All military property issued to the National Guard as herein provided shall remain the property of the United States. Whenever any sjich property issued to the National Guard in any State or Territory or the District of Columbia shall have been lost, damaged, or destroyed, or become unserviceable or unsuitable by use in service or from any other cause, it shall be examined by a disinterested surveying officer of the Regular Army or the National Guard, detailed by the Secretary of War, and the report of such surveying officer shall be forwarded to the Secretary of War, or to such officer as he shall designate to receive such reports; and if it sball appear to the Secretary of War from the record of survey that the property was lost, damaged, or destroyed through unavoidable causes, he is hereby authorized to relieve the State or Territory or the District of Columbia from further accountability therefor. If it shall appear that the loss, damage, or destruction of property was due to carelessness or neglect, or that its loss, damage, or destruction could have been avoided by the exercise of reasonable care, the money value of such property shall be charged to the accountable State, Territory, or District of Columbia, to be paid from State, Territory, or District funds, or any funds other than Federal. If the articles so surveyed are found to be unserviceable or unsuitable, the Sec. retary of War shall direct what disposition, by sale or otherwise, shall be made of them; and if sold, the proceeds of such sale, as well as stoppages against officers and enlisted men, and the net proceeds of collections inade from any person or from any State, Territory, or District to reimburse the Government for the loss, damage, or destruction of any property, shall be deposited in the Treasury of the United States as a cerdit to said State, Territory, or the District of Columbia, accountable for said property, and as a part of and in addition to that portion of its allotment set aside for the purchase of similar supplies, stores, or material of war: Provided further, That if any State, Territory, or the District of Columbia shall neglect or refuse to pay, or to cause to be paid, the money equivalent of any loss, damage, or destruction of property

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charged against such State, Territory, or the District of Columbia by the Secretary of War after survey by a disinterested officer appointed as hereinbefore provided, the Secretary of War is hereby authorized to debar such State, Territory, or the District of Columbia from further participation in any and all appropriations for the National Guard until such payments shall have been made. Sec. 87, act of June 3, 1916 (39 Stat. 204).

This section superseded sec. 4, act of Feb. 12, 1887 (24 Stat. 402), as amended by sec. 4, act of June 22, 1906 (34 Stat. 450), wbich read as follows: "Whenever any property furnished to any State or Territory, or the District of Columbia, as hereinbefore provided, has been lost or destroyed, or has become unserviceable or unsuitable from use in service, or from any other cause, it shall be examined by a disinterested surveying officer of the organized militia, to be appointed by the governor of the State or Territory, or the commanding general of the National Guard of the District of Columbia, to whom the property has been issued, and his report shall be forwarded by said governor or commanding general direct to the Secretary of War, and if it shall appear to the Secretary of War from the record of survey that the property has been lost or destroyed through unavoidable causes, he is hereby autborized to relieve the State from further accountability therefor; if it shall appear that the loss or destruction of property was due to carelessness or neglect or that its loss could have been avoided by the exercise of reasonable care, the money value thereof shall be charged against the allotment to the States under section sixteen hundred and sixty-one of the Revised Statutes as amended. If the articles so surveyed are found to be unserviceable or unsuitable, the Secretary of War shall direct what disposition, by sale or otherwise, shall be made of them, except unserviceable clothing which shall be destroyed, and if sold the proceeds of such sale shall be covered into the Treasury of the United States."

The Secretary of War was authorized to relieve any State, Territory, or the District of Columbia from further accountability for all United States property issued thereto for the use of the Organized Militia thereof, which the records of the War Department show to have been lost or destroyed prior to December 31, 1911, by the Army appropriation act for the fiscal year 1917, act of Aug. 29, 1916.

2616. Proceeds of sales of condemned stores, stoppages of pay and payments for damaged stores.--The net proceeds of the sale of condemned stores issued to the National Guard and not charged to State allotments shall be covered into the Treasury of the United States, as shall also stoppages against officers and enlisted men, and the net proceeds of collections made from any person to reimburse the Government for the loss, damage, or destruction of said property not charged against the State allotment issued for the use of the National Guard. Sec. 88, act of June 3, 1916 (39 Stat. 205).

2617. Sale of Army stores to a State.-Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the War Department for the use of the National Guard, including the officers thereof, any stores, supplies, material of war, and military publications furnished to the Arniy, in addition to those issued under the provisions of this Act, at the price at which they shall be listed to the Army, with cost of transportation added. The funds received from such sale shall be credited to the appropriation to which they shall belong, shall not be covered into the Treasury. and shall be available until expended to replace therewith the supplies sold to the States in the manner herein authorized :

Sec. 86, act of June 3, 1916 (39 Stat. 204).

See 2611, ante.

This section probably superseded sec, 17, act of Jan. 21, 1903 (32 Stat. 778), wbich was as follows:

" The annual appropriation made by section sixteen hundred and sixty-one, Revised Statutes, as amended, shall be available for the purpose of providing for issue to the organized militia any stores and supplies or publications which are supplied to the Army by any department. Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the War Department, for

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the use of its militia, stores, supplies, material of war, or military publications, such as are furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Army, with the cost of transportation added, and funds received from such sales shall be credited to the appropriations to which they belong and shall not be covered into the Treasury, but shall be available until expended to replace therewith the supplies sold to the States and Terri. tories and to the District of Columbia in the manner herein provided." 2618. Requisition of stores from States.-_*

Provided, That stores, supplies, and matériel of war so purchased by a State, Territory, or the District of Columbia may, in time of actual or threatened war, be requisitioned by the United States for use in the military service thereof, and when so requisitioned by the United States and delivered credit for the ultimate return of such property in kind shall be allowed to such State, Territory, or the District of Columbia. Sec. 86, act of June 3, 1916 (39 Stat. 204).

Notes of Decisions. Payment for stores taken by Govern. the several States, or of arms, ordnance ment. --The ordnance and other stores be- stores, etc., purchased with it, the Governlonging to the several States, taken or ac- ment is not required or empowered to issue cepted by the Government for use in the to the several States stores in kind to reWar with Spain, should not be returned in place such arms, ordnance stores, etc., as kind, but should be paid for at the price were exhausted, consumed, or impaired by agreed upon, or,

in the absence of an use in the War with Spain; nor can it make agreement, what they were worth. (1899) compensation for such stores, as they were 22 Op. Atty. Gen. 372.

the property of the United States, having In the absence of any of the appropria- been originally purchased by the Federal tion for the maintenance of the militia in Government. Id.

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2619. Credit for stores sold by the Government to the States.

Provided, That hereafter whenever articles of government property are sold for cash to any State, Territory, or to the District of Columbia, for the use of the organized militia, thereby ceasing to be the property of the United States, none of the articles so sold shall be received back by any department of the Government upon the basis of allowing any credit therefor, except when such articles form part of the equipment of troops mustered into the service of the United States in time of war. Sec. 3, act of June 23, 1910 (36 Stat, 603).

2620. Procurement of animals.-Funds allotted by the Secretary of War for the support of the National Guard shall be available for the purchase, under such regulations as the Secretary of War may prescribe, of animals conforming to the Regular Army standards for the training of the National Guard, said animals to remain the property of the United States and to be used solely for military purposes.

Sec. 89, act of June 3, 1916 (39 Stat. 205), as amended by sec, 45, act of June 4, 1920 (41 Stat. 783). 2621. Issue of animals.

The number of animals so issued shall not exceed thirty-two for each battery of field artillery or troop of cavalry, and a proportionate number of other mounted organizations, under such regulations as the Secretary of War may prescribe; and the Secretary of War is further authorized to issue, in lieu of purchase, for the training of such organizations, condemned Army animals which are no longer fit for service, but which may be suitable for the purposes of instruction, such animals to be sold as now provided by law when said purposes shall have been served. Sec. 89, act of June 3, 1916 (39 Stat. 205), as amended by scc. 45, act of June 4, 1920 (41 Stat. 783).

The act of Mar, 4, 1915 (38 Stat. 1071), provided that

"The Secretary of War may, under the provisions of this Act and such regulations as he may prescribe, issue to the Field Artillery organizations hereinbefore mentioned and

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