in said district and to be designated by the Secretary of War. The said engineer officer shall, during the term of his said detail and appointment, abide in said district.

The said board shall have the power, and it shall be their duty, upon their own motion or upon petition, to locate, lay out, construct, and maintain wagon roads and pack trails from any point on the navigable waters of said district to any town, mining or other industrial camp or settlement, or between any such town, camps, or settlements therein, if in their judgment such roads or trails are needed and will be of permanent value for the development of the district: but no such road or trail shall be constructed to any town, camp, or settlement which is wholly transitory or of no substantial value or importance for mining, trade, agricultural, or manufacturing purposes. The said board shall prepare maps, plans, and specifications of every road or trail they may locate and lay out, and whenever more than twenty thousand dollars, in the aggregate, shall have to be expended upon the actual construction of any road or section of road designed to be permanent, contract for the work shall be let by them to the lowest responsible bidder, upon sealed bids, after due notice, under rules and regulations to be prescribed by the Secretary of War. The board may reject any bid if they deem the same unreasonably high or if they find that there is a combination among bidders. In case no responsible and reasonable bid can be secured, then the work may be carried on with material and men procured and hired by the board. The engineer officer of the board shall in all cases supervise the work of construction and see that the same is properly performed. As soon as any road or trail laid out by the board has been constructed and completed they shall examine the same and make a full and detailed report of the work done on the same to the Secretary of War, and in such report they shall state whether the road or trail has been completed conformably to the maps, plans, and specifications of the same. It shall be the duty of said board, as far as practicable, to keep in proper repair all roads and trails constructed under their supervision, and the same rules as to the manner in which the work of repair shall be done, whether by contract or otherwise, shall govern as in the case of the original construction of the road or trail. The cost and expenses of laying out, constructing, and repairing such roads and trails shall be paid by the Secretary of the Treasury, through the authorized disbursing officer of the board designated by the Secretary of War, out of the road and trail portion of said "Alaska fund" upon vouchers approved and certified by said board. The Secretary of the Treasury shall, at the end of each month, send by mail to each of the members of said board a statement of the amount available of said “Alaska fund" for the construction and repair of roads and trails, and no greater liability for construction or repair shall at any time be incurred by said board than the money available therefor at that time in said fund. * * Sec. 2, act of Jan. 27, 1905 (33 Stat. 616), as amended by sec. 2, act of May 14, 1906 (34 Stat. 192); U. S. C. 48: 321-325.

Members of the Board of Road Commissioners are entitled to the per diem commutation in lieu of actual living expenses while living with their families, and not stationed at a military post by act Apr. 27, 1914, post, 1548.

1050. Same; contributions for construction and maintenance.-* Provided, That the Secretary of War is hereby authorized to receive from the Territory of Alaska, or other source, such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of construction, repair, and maintenance of roads, 51109° 30 50

bridges, ferries, trails, and related works in the Territory of Alaska, and to cause such funds to be deposited to the credit of the Treasurer of the United States, and to expend the same in accordance with the purpose for which they were contributed: Sec. 1, act of June 30, 1921 (42 Stat. 90), making appropriations for the support of the Army; U. S. C. 48: 327.

*

*

1051. Statue of Liberty; maintenance and repairs.-The Treasurer of the United States is hereby authorized and directed to receive the sum of thirtyfive thousand dollars, more or less, from the executive committee of the Statue of Liberty erected on land belonging to the United States on Bedloes Island, New York Harbor; and the Secretary of War is hereby authorized to keep the said statue in repair, and to pay for the same from the appropriation for "Regular supplies," under the Quartermaster's Department, in the appropriation for the support of the Army for the fiscal year in which such expenses shall be incurred. Sec. 1, act of Apr. 28, 1904 (33 Stat. 498.)

** *

1052. Target ranges; acquisition.Provided, That the sum so apportioned among the several States, Territories, and the District of Columbia shall be available * 4 for the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries. and suitable target ranges; * * Sec. 67, act of June 3, 1916 (39 Stat. 199),

as amended by sec. 3, act of Sept. 22, 1922 (42 Stat. 1034); U. S. C. 32: 22. Sec. 67 of the National Defense Act authorizes appropriations for the National Guard and provides for apportionment of same among the several States and Territories.

1053. Same; sale.-* Provided, That when any land which has been heretofore or may be hereafter acquired by purchase for a target range for the use of the National Guard of any State, Territory, or the District of Columbia, shall have become useless or shall be found to be unavailable for such purpose, the Secretary of War may cause the same to be sold either in whole or in two or more parts as he may deem best for the interests of the United States. In the disposal of such property, the Secretary of War shall cause the same to be appraised either as a whole or in two or more tracts, having due reference to the requirements of any permanent improvements made thereon; and he shall cause the property to be offered at public or private sale at not less than the appraised value. The expenses for advertising, appraisement. survey, and sale shall be paid from the proceeds of the sale; and the net proceeds thereof shall be placed to the credit of the State, Territory, or District of Columbia, as additional to its allotment under section sixty-seven of the Act of June third, nineteen hundred and sixteen. Act of May 12, 1917 (40 Stat. 67), making appropriations for the support of the Army; U. S. C. 32: 23. 1054. United States Disciplinary Barracks; officers and guards.-The officers of the United States Disciplinary Barracks shall consist of a commandant and such subordinate officers as may be necessary, who shall be detailed by the Secretary of War from the commissioned officers of the Army at large. In addition to detailing for duty at said disciplinary barracks such number of enlisted men of the Staff Corps and departments as he may deem necessary, the Secretary of War shall assign a sufficient number of enlisted men of the line of the Army for duty as guards at said disciplinary barracks and as noncommissioned officers of the disciplinary organizations hereinafter authorized. Said guards, and also the enlisted men assigned for duty as noncommissioned officers of disciplinary organizations, shall be detached from the line of the Army, or enlisted for the purpose * * * Par. 4, sec. 2, act of Mar. 4, 1915 (38 Stat. 1085), amending ch. 6, Title XIV, Revised Statutes; U. S. C. 10: 1454. 1055. United States Disciplinary Barracks, Fort Leavenworth; designation.

Provided, That the United States military prison at Fort Leavenworth,

Kansas, shall hereafter be known as the United States Disciplinary Barracks and the branches of said prison as branches of such barracks. Sec. 1, act of Mar. 4, 1915 (38 Stat. 1074), making appropriations for the support of the Army: Quartermaster Corps, Incidental expenses.

The United States Military Prison, Fort Leavenworth, Kansas, shall hereafter be known as the United States Disciplinary Barracks. Par. 1, sec. 2, act of Mar. 4, 1915 (38 Stat. 1084), amending ch. 6, Title XIV, Revised Statutes; U.S. C. 10: 1451.

Ch. 6, supra, consisted of R. S. 1344-1361.

The United States Military Prison was established by R. S. 1344, as amended by act May 21, 1874 (18 Stat. 48), said amendatory act fixing the location of the prison at Fort Leavenworth, Kans., instead of at Rock Island, Ill., as provided in the original act. Said amendatory act, though passed before the enactment of the Revised Statutes, became effective as a subsequent statute, and as repealing any portion of the Revised Statutes inconsistent therewith, by virtue of R. S. 5601. Thereafter provisions for the transfer of the military prison at Fort Leavenworth from the Department of War to the Department of Justice, to be known and used as a United States penitentiary, were made by act Mar. 2, 1895, sec. 1. Subsequent provisions for the erection of a United States penitentiary on a site on the Fort Leavenworth Reservation, and for the restoration to the Department of War of the premises transferred therefrom to the Department of Justice, when such penitentiary should be completed, in accordance with the provisions of said act of Mar. 2, 1895, sec. 1, were made by 996, ante.

The existing laws pertaining to or affecting the United States Disciplinary Barracks, guards, and disciplinary organizations are to continue and remain in force, except as specifically provided otherwise, by sec. 22 of the national defense act of June 3, 1916. post, 1920.

Notes of Decisions

offenses committed during such imprisonment, even conceding that the previous sentences resulted in their discharge as soldiers. Kahn v. Anderson (1921), 255 U. S. 1.

Cited without specific application.--Ex parte Givins (D. C. 1920), 262 Fed. 702; Stevens v. Biddle (C. C. A. 1924), 298 Fed. 209 (dissenting opinion).

Offenses triable.-Under the act from which is taken this provision, relative to the United States Disciplinary Barracks, and A. W. 2, ante, 359, providing that persons under sentence adjudged by courtmartial are subject to military law, military prisoners undergoing punishment under previous sentences were subject to military law and triable by court-martial for 1056. Same; branches.-The Secretary of War may, from time to time, designate any building or structure or any part thereof under the control of the Secretary of War and pertaining to the military establishment as a branch disciplinary barracks for the confinement and detention of offenders whom it is impracticable to send to the United States Disciplinary Barracks at Fort Leavenworth, Kansas; and all branch disciplinary barracks and all offenders .sent thereto for confinement and detention therein shall be subject to the laws respecting the United States Disciplinary Barracks at Fort Leavenworth, Kansas, and the offenders sent thereto for confinement and detention therein. Par. 8, sec. 2, act of Mar. 4, 1915 (38 Stat. 1086), amending ch. 6, Title XIV, Revised Statutes; U. 8. C. 10:1458.

See 1055, ante, as to title of branches.

1057. Same; government and control.-The government and control of the United States Disciplinary Barracks and of all offenders sent thereto for confinement and detention therein shall be vested in The Adjutant General of the Army under the direction of the Secretary of War, who shall from time to time make such regulations respecting the same as may be deemed necessary, and who shall submit annually to Congress a full statement of the financial and other affairs of said institution for the preceding fiscal year. Par. 3,

sec. 2, act of Mar. 4, 1915 (38 Stat. 1085), amending ch. 6, Title XIV, Revised Statutes; U. S. C. 10: 1453.

By paragraph 33 of sec. 1, act of May 29, 1928 (45 Stat. 988), the requirement as to annual report mentioned in this section was repealed.

1058. Same; duties of commandant.-The commandant of the United States Disciplinary Barracks shall have command thereof and charge and custody of all offenders sent thereto for confinement and detention therein; shall govern such offenders and cause them to be employed at such labor and in such trades and to perform such duties as may be deemed best for their health and reformation and with a view to their honorable restoration to duty or their reenlistment as hereinafter authorized; shall cause note to be taken and a record to be made of the conduct of such offenders; and may shorten the daily time of hard labor of those who by their obedience, honesty, industry, and general good conduct earn such favors-all under such regulations as the Secretary of War may from time to time prescribe. Par. 5, sec. 2, act of Mar. 4, 1915 (38 Stat. 1085), amending ch. 6, Title XIV, Revised Statutes; U. S. C. 10: 1455.

1059. Water-power projects; requisition in time of emergency. That when in the opinion of the President of the United States, evidenced by a written order addressed to the holder of any license hereunder, the safety of the United States demands it, the United States shall have the right to enter upon and take possession of any project, or part thereof, constructed, maintained, or operated under said license, for the purpose of manufacturing nitrates, explosives, or munitions of war, or for any other purpose involving the safety of the United States, to retain possession, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party or parties entitled thereto just and fair compensation for the use of said property as may be fixed by the commission upon the basis of a reasonable profit in time of peace, and the cost of restoring said property to as good condition as existed at the time of the taking over thereof, less the reasonable value of any improvements that may be made thereto by the United States and which are valuable and serviceable to the licensee. Sec. 16, act of June 10, 1920 (41 Stat. 1072); U. S. C. 16: 809.

The act from which this section is derived authorizes the Federal Power Commission to issue licenses for water-power projects. See 1882, post.

CHAPTER 20

MEDICAL TREATMENT AND VETERANS' RELIEF