the petition for the condemnation of any land, temporary use thereof or othe interest therein or right pertaining thereto to be acquired for any of the pu poses aforesaid, immediate possession thereof may be taken to the extent of the interest to be acquired and the land may be occupied and used for military purposes, Act of July 2, 1917 (40 Stat. 241), as amended by act of Apr. 11, 1918 (40 Stat. 518); U.S.C. 50: 171. * * * This section, erroneously set forth in the original text, is corrected to read as above. 997. Lands acquired or reserved for military purposes; lease. Hereafter, except as otherwise specifically provided by law, the leasing of buildings and properties of the United States shall be for a money consideration only, and there shall not be included in the lease any provision for the altera tion, repair, or improvement of such buildings or properties as a part of the consideration for the rental to be paid for the use and occupation of the same. The moneys derived from such rentals shall be deposited and covered into the Treasury as miscellaneous receipts. Sec. 321, Title III, Part II, act of June 30. 1932 (47 Stat. 412); U.S.C. 40: 3036. The above provision is added as a new paragraph of this section. An opinion of the Attorney General rendered prior to the date of this act (36 Atty. Gen. 282) holds that it is within the power of the Secretary of War to stipulate in leases that alterations and improvements may be made by lessee and the cost thereof deducted from the rent. 998. Same; permits for public utilities. "U.S.C. 16:419" should be eliminated from the citation to this section, and "U.S.C. 43: 959" added. 999. Same; permits for roads, ferry landings, and bridges. NOTES OF DECISIONS Temporary license to railroad.-The Secretary of War may grant a revocable license to a railroad company to cross a reservation to expedite work, pending an application to Congress for an easement. (1928) 35 Op. Atty. Gen. 485. 1000. Same; revocable license for erection of American National Red Cross storage buildings. "U.S.C. 36: 12" should be added to the citation to this section. 1001. Same; revocable licenses for erection of Young Men's Christian Association welfare buildings. Provision for furnishing heat and light to buildings erected under the provisions of this section, and to other buildings for similar purposes erected on military reservations, is made by recent War Department Appropriation Acts (47 Stat. 675) (47 Stat. 1580). 1003. Same; sale, general provisions. * * * * * * Provided, That hereafter no real estate of the War Department shall be sold or disposed of without authority of Congress, and all existing Acts or parts thereof in conflict with this proviso, other than special Acts for the sale of stated tracts of land, are hereby repealed. Act of Feb. 20, 1931 (46 Stat. 1191); U.S.C. 10:1354. The above provision is added as a new paragraph of this section. 1007. Same; sale to States, counties or municipalities. NOTES OF DECISIONS Reconsideration of decision.-The Secretary of War having determined that a reservation was no longer needed for military purposes, and having thereupon had the property appraised and a notice given to the State and County of their option to purchase under the statute, may reconsider his conclusion as to the need of the property for military purposes and to withdraw the offer before the offer had been accepted or any action taken by the State authorities in reliance on it. (1928) 35 Op. Atty. Gen. 481. 1013a. Same; transfer to Department of Agriculture for highway purposes.— That if the Secretary of Agriculture determines that any part of the public lands or reservations of the United States is reasonably necessary for the right of way of any highway or forest road or as a source of materials for the construction or maintenance of any such highway or forest road adjacent to such lands or reservations, the Secretary of Agriculture shall file with the Secretary of the department supervising the administration of such land or reservation a map showing the portion of such lands or reservations which it is desired to appropriate. If within a period of four months after such filing the said secretary shall not have certified to the Secretary of Agriculture that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department for such purposes and subject to the conditions so specified. If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary of Agriculture, and such lands or materials shall immediately revert to the control of the Secretary of the department from which they had been appropriated. Sec. 17, act of Nov. 9, 1921 (42 Stat. 216); U.S.C. 23:18: This provision was omitted from the original text of the Military Laws, 1929. 1014a. Same; transfer to Public Health Service.-In the preparation of this estimate the Surgeon General shall ascertain from the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, and the Secretary of Agriculture whether any military, naval, or other reservation suitable for the purpose is available for transfer, to be used for the location of said station and hospital, * * * Pub. res. of July 15, 1932 (47 Stat. 701). The estimate referred to is for the construction and equipment of a hospital for lepers in Hawaii. 1019. Lands for flood-control purposes; condemnation. 66 That the proviso in section 4 of the Act for the control of floods on the Mississippi River and its tributaries approved May 15, 1928, That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests," shall not apply to the lands heretofore acquired or that may be hereafter acquired in connection with the construction, maintenance, or operation of the Bonnet Carre Spillway and Floodway. The Secretary of War is hereby authorized to grant to any citizen, association, railroad, or other corporation, State or public agency there rights of way, easements, and permits, over, across, in, and upon said lan for railway, highway, telephone, telegraph, and pipe-line crossings, and othe purposes. The grants issued in pursuance of this authority shall be under such terms and conditions as the Secretary of War may deem advisable fr the protection of the public interests, and may be perpetual or temporary i his discretion. Act of Feb. 15, 1933 (47 Stat. 810); U.S.C. 33: 702dd. The above provision is added as a new paragraph of this section. NOTES OF DECISIONS Necessity of condemnation.-Government seeking to condemn land for building of levee must deposit in registry of court or in an official depository, subject to orders of court, funds sufficient to cover maximum value that may be found for defendant's property. U.S. v. Stubbs (D.C. 1929) 35 F. (2d) 357. Government's inherent power of condemning private property for public use is subject to limitations of Constitution that owner whose property is taken shall be promptly paid, without extraneous controversy and unnecessary delay. Id. This section providing that, in proceedings by Government for acquirement by condemnation of lands, etc., Government may immediately take property and dispossess owner without its value first having been paid, is valid; there being no constitutional inhibition. Id. Suits to enjoin work.-Landowner held not entitled to injunction against taking of land by additional flooding through construction of guide-levees on other lands, without first acquiring flowage rights over his land, action at law for compensation affording adequate remedy. Hurley บ. Kincaid (1932) 285 U.S. 95, reversing (C.C.A. 1931) 49 F. (2d) 768, which affirmed (D.C. 1929) 37 F. (2d) 602 and overruling Kincaid v. U.S. (D.C. 1929) 35 F. (2d) 235. Vesting of title in Government.-Title to property taken by Government under this section vests in Government only after final judgment of condemnation and par ment of sum fixed. U.S. v. Stubbs (D.C. 1929) 35 F. (2d) 357. Selection of lands for condemnation.-This section leaves to discretion of Secretary of War and Chief of Engineers details in se lecting locations and choosing properties to be condemned for construction of levees and other works in carrying out plan of flood control. U.S. v. Stubbs (D.C. 1929) 35 F. 1 (2d) 357. Determination of damages.-Determination of damages by court, after sustaining exceptions to viewers' awards in condemna. tion proceedings as excessive, held author by parties' written stipulation. Frances-Ralph Realty Co. v. U.S. (C.C.A. 1931) 52 F. (2d) 92, certiorari denied (1932) 284 U.S. 683. ized 1020. Lands acquired for hospital purposes; transfer to Public Health Service and Veterans' Bureau. Title to the military reservation of Whipple Barracks, Ariz., was permanently trans. ferred from the War Department to the Veterans' Administration by sec. 6, act of March 4, 1931 (46 Stat. 1551). 1030. Lands acquired for storage purposes; sale or lease. NOTES OF DECISIONS Stipulations in lease.-Secretary held to have power in leasing property under this section to execute modified agreement with lease containing certain stipulations. (1931) 36 Op. Atty. Gen. 462. NOTES OF DECISIONS 1031. Military posts; establishment. Status of post. A Minnesota statute (Mason's Minn. Stat., secs. 2672-2704, as amended by Laws of 1929, chap. 335), requiring registration of motor vehicles, display of number plates, etc., provides that vehicles shall be privileged to use the public streets and highways upon payment of specified annual rates which are in lieu of all other taxes, except municipal wheelage taxes, so called, and which annual taxes are measured generally by cost of vehicle, less allowance for depreciation, a minimum, however, being fixed for cars of certain weights. An officer of the Army, stationed on the military reservation of Fort Snelling, Minnesota, and not a resident of the State of Minnesota, who had registered his car and acquired a license and license plates therefor under post regulations of Fort Snelling, asserts that the State tax violates the equal protection clause of the Fourteenth Amendment either (a) because the statute exempts residents from payment of property taxes on their cars or (b) because it allows residents of other States or countries, whose cars have been registered at home and bear home license plates, to operate them on Minnesota highways for a time without paying tax. Held, that neither contention is well founded. The tax laid is an excise for the privilege of using the highways. Viewed as a privilege tax, the statute does not discriminate against appellant because he is not in a position to claim the exemption. In the case of every taxing act there are exemptions which certain persons can not claim but this does not deprive them of the equal protection of the law. Further, if the State determines to extend a privilege to nonresidents, it may with propriety limit the concession to those who have duly registered their vehicles in another State or country. The State is not bound to make any such provision in favor of nonresidents. (See Kane v. New Jersey, 242 U.S. 160.) The mere fact that appellant has not so registered his car and can not, therefore, bring himself within the class benefitted by the exemption, does not create a discrimination against him. The State was not bound to make a classification with respect to exemptions for him and those similarly situated. 230 N.W. (Minn. 1930), 572, affirmed. Storaasli v. Minnesota (1931), 283 U.S. 57, affirming (Minn. 1930) 230 N.W. 572. 1032. National military parks; investigations, surveys, and acquisition of sites. The first clause of the second paragraph of this section should be omitted, having expired by its own limitation. The Kings Mountain National Military Park, S.C., was established by act of March 3, 1931 (46 Stat. 1508). The act of March 3, 1927 (44 Stat. 1399), establishing the Stones River National Military Park was amended by act of April 15, 1930 (46 Stat. 167); the act of March 26, 1928 (45 Stat. 367), establishing the Fort Donelson National Park, was amended by act of February 18, 1930 (46 Stat. 69). The Secretary of War was directed to have made studies, investigations, and surveys of battlefields in the vicinity of Richmond, Va., including Cold Harbor, by act of May 23, 1929 (46 Stat. 4); of the battlefield of Saratoga, N.Y., by act of June 2, 1930 (46 Stat. 490); of the battlefield of Chalmette, La., by act of January 31, 1931 (46 Stat. 1045); and of the Bull Run and Second Manassas battlefields, Va., by act of February 13, 1931 (46 Stat. 1094). By act of June 2, 1930 (46 Stat. 489), the responsibility for maintaining the monument to the memory of American soldiers who fell in the Battle of New Orleans, at Chalmette, La., and of keeping the grounds surrounding it, placed by act of March 4, 1907 (34 Stat. 1411), upon the United Daughters of 1776 and 1812, was transferred to the Government of the United States; and appropriations for the necessary expenses were authorized. By act of June 18, 1930 (46 Stat. 777), the Secretary of War was authorized to acquire, without expense to the United States, land at the scene of the surrender of the army under Gen. Robert E. Lee to Lieut. Gen. U. S. Grant at Appomattox Courthouse, Va., and to erect a monument thereon; and by act of March 4, 1931 (46 Stat. 1522), to acquire land at the scene of the Battle of Fort Necessity, Pa., and to erect a monument thereon. By act of June 23, 1930 (46 Stat. 801), the Secretary of War was authorized to acquire by donation the Old Stone Bridge crossing the Elk River at the site of Camp Blount, Tenn., together with the approaches thereto and any lands adjoining, and to erect thereon suitable tablets or markers. By act of July 1, 1932 (47 Stat. 564), the Secretary of War was authorized to acce as a part of the Chickamauga-Chattanooga National Military Park a tract of land Signal Mountain, Hamilton County, Tennessee, and to permit the erection thereon marker or monument by the citizens of the town of Signal Mountain at their expense. The Secretary of the Interior was authorized by act of Mar. 2, 1933 (47 Stat. 1421) U.S.C. 16:409, to accept donations of land and buildings of Revolutionary War interes in the vicinity of Morristown, New Jersey, to be set apart for the benefit and enjoy ment of the people as Morristown National Historical Park. 1033. Same; administration. So much of this section as provides for the discontinuance of the office of commissione for the parks affected has been fully executed. 1034. Same; erection of memorials at Chickamauga and Chattanooga. 1036. Same; offenses and jurisdiction. * * * * That the Secretary of War is hereby authorized to prescribe and publish such regulations as he deems necessary for the proper government and protection of and maintenance of good order in, national military parks, national parks battlefield sites, national monuments, and miscellaneous memorials as are now or hereafter may be under the control of the War Department; and any person who knowingly and willfully violates any such regulation shall be deemed guilty of a misdemeanor and punishable by a fine of not more than $100 or by imprisonment for not more than three months, or by both such fine and imprisonment. Sec. 1, act of Mar. 2, 1933 (47 Stat. 1420); U.S.C. 16:9a. That the commissioners, superintendents, caretakers, officers, or guards of such national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, or any of them, are authorized to make arrests for violations of any of the regulations precribed pursuant to this Act, and to bring the offenders before the nearest commissioner, judge, or court of the United States having jurisdiction in the premises. Sec. 2, act of Mar. 2, 1933 (47 Stat. 1420); U.S.C. 16:10a. The above provisions are added as new paragraphs of this section. NOTES OF DECISIONS Regulations as to guides.-Under Section 6, Act of Feb. 11, 1895 (28 Stat. 651), authorizing the Secretary of War to make regulations for the custody, preservation and care of monuments erected within Gettysburg Military Park, which rules shall provide for access thereto by visitors, the Secretary of War may make regulations governing the licensing of guides, and the United States may restrain any person not so licensed from acting as a guide. United States v. Gilbert (D.C.M.D. Pa. 1932) 58 F. (2d) 1031. 1039. National monuments; establishment. Provision for setting aside as the "Colonial National Monument" Jamestown Island, parts of the city of Williamsburg, and the Yorktown battlefield, all in the State of Virginia, was made by act of July 3, 1930 (46 Stat. 855), as amended by act of March 3, 1931 (46 Stat. 1490). NOTES OF DECISIONS In general.-In exceptional cases, reservations now generally classified as national monuments have been created directly by the acts of Congress (1929) 36 Op. Atty Gen. 75. Transfer to National Park Service.-It is not within Executive authority to transfer national monuments under administration (1929) 36 Op. Atty. 1042a. Public works; advance planning.—(a) It is hereby declared to be the policy of Congress to arrange the construction of public works so far as prac |