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those agreed on between railroad companies and Government, are unauthorized, and plaintiff may recover for reduction made from its bills by using such combinations. Lancaster v. U. S. (1924), 60 Ct. Cl. 80.

Land-grant railroads could not recover for transportation on basis of special tariff filed in absence of proof that contracting officers knew of tariff. Southern Pae. Co. v. U. S. (1926), 272 U. S. 445.

Where it is customary to furnish tourist sleepers for transporting United States troops long distances, and such cars were furnished by railroad company and used by Government in transporting troops from El Paso, Tex., to Hoboken, N. J., and rates charged were provided for by tariff in force on lines used, such railroad company is entitled to recover rates charged. Lancaster v. U. S. (1924), 60 Ct. Cl. 80.

Employees at nitrate plants.-Laborers working on nitrate plants of the Government in Alabama were not civilian employees of any bureau of the War Department, as defined in Southeastern Military Arrangement No. 2, and were not subject to the land-grant deductions provided for therein. Mobile & Ohio Railroad Co. v. U. S. (1926), 61 Ct. Cl. 604.

Transportation of excess baggage.-Where a railroad having contested with the accounting officers as to the application of land-grant rates to the excess of baggage over regulation allowance, and at the same time made no question as to the regulation allowance itself, and accepted payment for the latter without question or protest, it is assumed to have acquiesced therein and is estopped from the assertion of a claim for further compensation. B. & O. R. R. Co. v. U. S. (1917), 52 Ct. Cl. 468.

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Transportation of personal effects of officers. The personal effects of an Army offcer are not the property of the United States, and therefore, when transported for the Government over land-grant railroads, are not entitled to land-grant deductions, but are subject to commercial or regular tariff rates. Oregon-Washington R. & N. Co. v. U. S. (1921), 255 U. S. 339, affirming (1919) 54 Ct. Cl. 131. But reduced rates may be granted by a carrier for the transportation of such effects, upon change of station, in view of the provisions of sec. 22, interstate commerce act of Feb. 4, 1887 (24 Stat. 387), permitting reduced rates to the United States, by a conference ruling of the Interstate Commerce Commission, making such section applicable to property transported for the United States. Western Pac. R. Co. v. U. S. (1921), 255 U. S. 349.

Presentation; settlement.-Where a claim is presented to the accounting officers for less than the total amount thereof and it is allowed and accepted, plaintiff can not thereafter secure an additional allowance upon the items composing his claim as presented and allowed, unless there be a valid excuse for not presenting the whole account, as in case of fraud or mistake. Id.

The right of a land-grant railroad to recover from the United States the difference between its commercial or general tariff rates charged and the land-grant rates charged and accepted by it for the transportation for the Government of the personal effects of Army officers is lost by the carrier's long acquiescence in the Government's explicit assertion that the landgrant rates were the proper ones for such service. Oregon-Washington R. & N. Co. v. U. S. (1921), 255 U. S. 339, affirming (1919) 54 Ct. Cl. 131; Western Pac. R. Co. v. U. S. (1921), 255 U. S. 349.

"Property of the United States."-Where a contract provides that delivery shall be made at the mine or factory, and that the supplies shall be shipped on Government bills of lading and inspected at the point of destination, such supplies are Government property and the rate of transporta. tion is subject to land-grant deductions. Illinois Cent. R. Co. v. U. S. (1922), 57 Ct. CL. 277, affirmed (1924), 265 U. S. 209. 2131. Same; by sea.-Vessels of the United States, or belonging to the United States, and no others, shall be employed in the transportation by sea of coal, provisions, fodder, or supplies of any description, purchased pursuant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charges by said vessels are excessive and unreasonable, in which case contracts shall be made under the law as it now exists; Provided, That no greater charges be made by such vessels for transportation of articles for the use of the said Army and Navy than are made by such vessels for transportation of like goods for private parties or companies. Sec. 1, act of Apr. 28, 1904 (33 Stat. 518); U. 8. C. 10: 1365.

2132. Same; priority.—*

That in time of war or threatened war preference and precedence shall, upon demand of the President of the United States,

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2136. Uniform to be prescribed by the President.-The President may prescribe the uniform of the Army. * * *

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R. S. 1296; U. S. C. 10: 831. 2137. Alteration of clothing issued to soldiers.-* It shall be lawful for the commanding officer of each regiment whenever it may be necessary, to cause the coats, vests, and overalls or breeches which may from time to time be issued to and for his regiment to be altered and new made, so as to better fit them to the persons respectively for whose use they shall be delivered; and for defraying the expense of such alterations, to cause to be deducted and applied out of the pay of such persons a sum or sums not exceeding twenty-five cents for each coat, eight cents for each vest and for each pair of overalls or breeches. R. S. 1220, as amended by act of Feb. 27, 1877 (19 Stat. 243).

Provided also, That hereafter the regimental price fixed for altering and fitting soldiers' clothing shall not exceed the cost of making the same at the clothing depots: Act of Mar. 2, 1889 (25 Stat. 831), making appropriations for the support of the Army.

The other portion of R. S. 1220 is in 112, ante.

2138. Discrimination against persons wearing the uniform.-That hereafter no proprietor, manager, or employee of a theater or other public place of entertainment or amusement in the District of Columbia, or in any Territory, the District of Alaska or insular possession of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uni form of the Army, Navy, Revenue Cutter Service, or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. Act of Mar. 1, 1911 (36 Stat. 963); U. S. C. 18: 523.

By act of Jan. 28, 1915 (38 Stat. 800), the Revenue Cutter Service was made a part of the Coast Guard.

2139. Unlawful wearing of the uniform prohibited. It shall be unlawful for any person not an officer or enlisted man of the United States Army, Navy, or Marine Corps to wear the duly prescribed uniform of the United States Army, Navy, or Marine Corps, or any distinctive part of such uniform, or a uniform

any part of which is similar to a distinctive part of the duly prescribed uniform of the United States Army, Navy, or Marine Corps:

Any person who offends against the provisions of this section shall, on coviction, be punished by a fine not exceeding $300, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Sec. 125, act of June 3, 1916 (39 Stat. 216); U. S. C. 10: 1393.

That section 125 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, shall hereafter be in full force and effect as originally enacted, notwithstanding anything contained in the Act entitled "An Act permitting any person who has served in the United States Army, Navy, or Marine Corps in the present war to retain his uniform and personal equipment and to wear the same under certain conditions," approved February 28, 1918: Provided, That the words "or the Secretary of the Navy" shall be inserted immediately after the words "the Secretary of War" wherever those words appear in section 125 of the Act approved June 3, 1916, hereinbefore referred to. Sec. 8, act of June 4, 1920 (41 Stat. 836); U. S. C. 10: 1393.

For unauthorized wearing or sale of medals, badges, etc., see 925, ante.

The act of Feb. 14, 1927, 1985, ante, providing for the sale of exterior articles of uniform to honorably discharged persons, does not modify sec. 8, act of June 4, 1920.

2140. Unauthorized wearing of the uniform of a friendly nation prohibited. That it shall be unlawful for any person, with intent to deceive or mislead, within the United States or Territories, possessions, waters, or places subject to the jurisdiction of the United States, to wear any naval, military, police, or other official uniform, decoration, or regalia of any foreign State, nation, or Government with which the United States is at peace, or any uniform, decoration, or regalia so nearly resembling the same as to be calculated to deceive, unless such wearing thereof be authorized by such State, nation, or Government. Any person who violates the provisions of this Act shall upon conviction be punished by a fine not exceeding $300 or imprisonment for not exceeding six months, or by both such fine and imprisonment. Act of July 8, 1918 (40 Stat. 821); U. S. C. 22: 246.

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2141. Right to wear uniform; actors representing military characters.Provided, That the foregoing provision shall not be construed so as to prevent * any person from wearing the uniform of the United States Army, Navy, or Marine Corps in any playhouse or theater or in moving-picture films while actually engaged in representing therein a military or naval character not tending to bring discredit or reproach upon the United States Army, Navy, or Marine Corps: Sec. 125, act of June 3, 1916 (39 Stat. 216);

U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

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Provided, That the foregoing provision

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2142. Same; cadet corps.- * shall not be construed so as to prevent * the instructors and members of the duly organized cadet corps of a State university, State college, or publie high school offering a regular course in military instruction from wearing the uniform duly prescribed by the authorities of such university, college, or public high school for wear by the instructors and members of such cadet corps; nor to prevent the instructors and members of the duly organized cadet corps of any other institution of learning offering a regular course in military instruction, and at which an officer or enlisted man of the United States Army, Navy, or Marine Corps is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by the authorities of such institution of learning for wear by the instructors and members of such cadet

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corps * *: Provided further, That the uniform worn by structors and members of the cadet corps referred to in the preceding proviso shall include some distinctive mark or insignia to be prescribed by the Secretary of War to distinguish such uniforms from the uniforms of the United States Army, Navy, and Marine Corps: And provided further, That the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by officers of the United States Army, Navy, or Marine Corps, or any insignia of rank similar thereto. Sec. 125, act of June 3, 1916 (39 Stat. 217); U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

2143. Same; civilians attending courses of military instruction.Provided, That the foregoing provision shall not be construed so as to prevent civilians attendant upon a course of military or naval instruction authorized and conducted by the military or naval authorities of the United States from wearing, while in attendance upon such course of instruction, the uniform authorized and prescribed by such military or naval authorities for wear during such course of instruction; Sec. 125, act of June 3, 1916 (39 Stat, 216); U. 8. C. 10: 1393,

For provision referred to, see 2139, ante.

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2144. Same; honorably discharged officers.--All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the volunteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names, respectively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments. R. S. 1226; U. S. C. 10: 1392.

That all officers who have served during the rebellion as officers of the Regu lar Army of the United States, and have been honorably discharged or resigned from the service, shall be entitled to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commission, as is now authorized for officers of volunteers by section twelve hundred and twenty-six, Revised Statutes. Act of Feb. 4, 1897 (29 Stat. 511).

That all officers who have served during the war with Spain, or since, as officers of the Regular or Volunteer Army of the United States, and have been honorably discharged from the service by resignation or otherwise, shall be entitled to bear the official title and upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commission in the Regular or Volunteer service. Sec. 34, act of Feb. 2, 1901 (31 Stat. 757); U. S. C. 10: 1392.

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Provided, That the foregoing provision shall not be construed so as to prevent persons who in time of war have served honorably as officers of the United States Army, Navy, or Marine Corps, Regular or Volun teer, and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held by brevet or other commission in such Regular or Volunteer service; Sec. 125, act of June 3, 19.16 (39

Stat. 216); U. S. C. 10: 1393.

For provision referred to, see 2139, ante.

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2145. Same; honorably discharged enlisted men.

the foregoing provision shall not be construed so as to prevent

Provided, That

any

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