person who has been honorably discharged from the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing his uniform from the place of his discharge to his home, within three months after the date of such discharge;

Provided, That hereafter, upon the discharge or furlough to the reserve of an enlisted man, all uniform outer clothing then in his possession, except such articles as he may be permitted to wear from the place of termination of his active service to his home, as authorized by this section, will be retained for military use. Sec. 125, act of June 3, 1916 (39 Stat. 216), as amended by sec. 10, Ch. XVII, act of July 9, 1918 (40 Stat. 891), as amended by act of July 3, 1926 (44 Stat. 891); U. S. C. 10: 1393.

For provision referred to in first paragraph, see 2139, ante.

2146. Same; military societies of honorably discharged soldiers.— Provided, That the foregoing provision shall not be construed so as to prevent the members of military societies composed entirely of honorably discharged officers or enlisted men, or both, of the United States Army, Navy, or Marine Corps, Regular or Volunteer, from wearing, upon occasions of ceremony, the uniform duly prescribed by such societies to be worn by the members thereof. Provided further, That the uniforms worn by the members of the military societies * * 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 members of military societies 串 * 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. 216); U. S. C. 10: 1393.

For provision referred to, see 2130, ante. 2147. Same; National Guard.

Provided, That the foregoing provi

sion shall not be construed so as to prevent officers or enlisted men of the National Guard from wearing, in pursuance of law and regulations, the uniform lawfully prescribed to be worn by such officers or enlisted men of the National Guard;

Provided further, That the uniforms worn by officers or enlisted men of the National Guard * * * 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: Sec. 125, act of June 3, 1916 (39 Stat. 216);

U. S. C. 10: 1393.

Pro

For provision referred to in first paragraph, see 2139, ante. 2148. Same; organizations designated by Secretary of Warvided, That the foregoing provision shall not be construed so as to prevent * * members of the organization known as the Boy Scouts of America, or the Naval Militia, or such other organizations as the Secretary of War or the Secretary of the Navy may designate, from wearing their prescribed uniforms: * Sec. 125, act of June 3, 1916 (39 Stat. 216), as amended by sec. 8, act of June 4, 1920 (41 Stat. 836); U. S. C. 10: 1393.

*

For provision referred to, see 2139, ante.

2149. Same; retired officers. Officers retired from active service shall be entitled to wear the uniform of the rank on which they may be retired.

R. S. 1256; U. S. C. 10: 1023.

2150. War Department utilities; construction and operation.-*

* * *

The

Quartermaster General, under the authority of the Secretary of War, shall be charged with the direction of all work pertaining to the construction, maintenance, and repair of * utilities connected with the Provided further,

Army;

with the operation of utilities;

That utilities pertaining exclusively to any branch of the Army may be operated by such branches. Sec. 9, act of June 3, 1916 (39 Stat. 170), as amended by sec. 9, act of June 4, 1920 (41 Stat. 766); U. S. C. 10: 72.

2151. Same; testing of iron and steel.-The Secretary of War is hereby authorized to cause the machine built for testing iron and steel to be set up and applied to the testing of iron and steel for all persons who may desire to use it, upon the payment of a suitable fee for each test; the table of fees to be approved by the Secretary of War, and to be so adjusted from time to time as to defray the actual cost of the tests as near as may be; *. Act of June 20, 1878 (20 Stat. 223), making appropriations for civil expenses; U. S. C. 50: 76.

That hereafter the tests of iron and steel and other materials for industrial purposes shall be continued, and report thereof shall be made to Congress: And provided further, That in making tests for private citizens the officer in charge may require payment in advance, and may use the funds so received in making such private tests, making full report thereof to the Chief of Ordnance; and the Chief of Ordnance shall give attention to such programme of tests as may be submitted by the American Society of Civil Engineers, and the record of such tests shall be furnished said society, to be by them published at their own expense. Act of Mar. 3, 1885 (23 Stat. 502), making appropriations for civil expenses; U. S. C. 50: 77.

*

2152. Radio, commercial stations; regulation and utilization in time of emergency.-* Upon proclamation by the President that there exists war or a threat of war or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the licensing authority, and may cause the closing of

any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners. Radio stations on board vessels of the United States Shipping Board or the United States Shipping Board Emergency Fleet Corporation or the Inland and Coastwise Waterways Service shall be subject to the provisions of this Act. Sec. 6, act of Feb. 23, 1927 (44 Stat. 1165); U. S. C. 47: 86.

The President shall ascertain the just compensation for such use or control and certify the amount ascertained to Congress for appropriation and payment to the person entitled thereto. If the amount so certified is unsatisfactory to the person entitled thereto, such person shall be paid only 75 per centum of the amount and shall be entitled to sue the United States to recover such further sum as added to such payment of 75 per centum which will make such amount as will be just compensation for the use and control. Such suit shall be brought in the manner provided by paragraph 20 of section 24, or by section 145 of the Judicial Code, as amended. Scc. 7, act of Feb. 23, 1927 (44 Stat. 1165); U. S. C. 47: 87.

For the sections mentioned in the last paragraph, see 753, 768-770, ante, respectively.

Notes of Decisions

Construction and operation.-Ambiguity In this section regulating hours for radio stations will not be solved so as to embrace offenses not clearly within statute. U. S. v. Zenith Radio Corporation (D. C. 1926), 12 F. (2d) 614.

Assigning wave lengths.-The discretionary authority of the Secretary of Commerce' in assigning wave lengths for the use of particular stations extends only to the normal sending and receiving wave length which every station is required to designate under the first regulation of sec. 54, Title 47, U. S. Code, but under the second reguIation any station is at liberty to use "other wave lengths" at will, provided only that they do not trespass upon the band from 600 to 1,600 meters. (1925) 35 Op. Atty. Gen. 126.

Fixing hours.-The Secretary of Com. merce has no general authority to fix the times at which broadcasting stations may operate, apart from the limitations of regu

lations 12 and 13, act of Aug. 13, 1912 (37 Stat. 306). (1926) 35 Op. Atty. Gen. 126.

Specifying power. Under regulation 14. act of Aug. 13, 1912 (37 Stat, 306), requiring all stations to use "the minimum amount of energy necessary to carry out any communication desired," the Secretary of Commerce is not given power to deter mine in advance what this minimum amount shall be for every case, and therefore be has no authority to insert such a determination as a part of any license. (1926) 35 Op. Atty. Gen. 126,

Censorship of radio stations.-The Presi dent has authority to maintain a Government censorship in radio stations, and may, through the Secretary of the Navy or any other appropriate department, close down, or take charge of and operate, such plants, should he deem it necessary in securing obedience to his proclamation of neutrality of Aug. 5, 1914. (1914) 30 Op. Atty. Gen. 291.

2153. Radio, Government stations; regulation.-Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 1, 4, and 5 of this Act. All such Government stations shall use such frequencies or wave lengths as shall be assigned to each or to each class by the President, All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the licensing authority may prescribe. * Sec. 6, act Feb. 23, 1927 (44 Stat. 1165); U. S. C. 47: 86. All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall

have special call letters designated by the Secretary of Commerce. Sec. 8, act Feb. 23, 1927 (44 Stat. 1166); U. §. C. 47: 88.

Notes of Decisions

2154. Telegraph lines, commercial; rights of way. Any telegraph company now organized, or which may hereafter be organized, under the laws of any State, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States; over and along any of the military or post roads of the United States which have been or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters or interfere with the ordinary travel on such military or post roads. R. S. 5263; U. S. C. 47: 1.

* Provided further, That no telegraph or cable lines owned or operated or controlled by persons not citizens of the United States, or by any for eign corporation or Government, shall be established in or permitted to enter Alaska. Act of May 26, 1900 (31 Stat. 206).

2155. Same; purchase by Government.-The United States may, for postal, military, or other purposes, purchase all the telegraph lines, property, and effects of any or all companies acting under the provisions of the act of July twenty-fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under this title, at an appraised value, to be ascertained by five competent, disinterested persons, two of whom shall be selected by the Postmaster General of the United States, two by the company interested, and one by the four so previously selected. R. 8. 5267; U. S. C. 47: 4.

2156. Same; priority of Government business.-Telegrams between the sev eral departments of the Government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the Postmaster General shal annually fix. And no part of any appropriation for the several departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section. R. §. 5266; U. S. C. 47: 3.

2157. Telegraph lines, Government; supervision and operation of connection with the Capitol.-That the lines of telegraph connecting the Capitol with the various departments in Washington, constructed under and by virtue of the act of Congress approved March third, eighteen hundred and seventy-three, entitled "An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventyfour, and for other purposes," be, and the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds; and that the said officer be authorized and empowered to make rules and regula tions for the working of said lines. And the secretary or head of each execu tive department, and the Congressional Printer, are hereby authorized to detail one person from their present force of employees to operate the instru ments in said departments and Printing Office, and each House of Congress may provide for the employment of an operator in their respective wings of the Capitol, at a compensation not exceeding one hundred dollars per month, during the sessions of Congress. Act of Feb. 4, 1874 (18 Stat. 14); U. 8. C. 40: 28.

* Provided, That said lines of telegraph shall be for the use only of Senators, Members of Congress, judges of the United States courts, and officers of Congress and of the executive departments, and solely on public business. Act of Mar. 7, 1874 (18 Stat. 20); U. S. C. 40: 29.

Act of Mar. 3, 1873 (17 Stat. 519), referred to in this act, made an appropriation "for connecting the Capitol by telegraph, to be solely for public business, with all the de partments of Government and the Government Printing Office in the City of Washington." By sec. 3, act of Feb. 26, 1925 (43 Stat. 983), 1635, ante, the powers and duties of the officer in charge of public buildings and grounds were transferred to the Director of Public Buildings and Public Parks of the National Capital.

While remaining unrepealed, the above provisions are only of historical interest, no such telegraph lines being now operated.

Pro

2158. Same; transmission of commercial messages in Alaska.-* vided, That commercial business may be done over these military lines under such conditions as may be deemed, by the Secretary of War, equitable and in the public interests, all receipts from such commercial business shall be ac counted for and paid into the Treasury of the United States.

May 26, 1900 (31 Stat. 206).

Act of