NOTES OF DECISIONS Breach of contract.-Allegation that constructing quartermaster lacked authority to make binding settlement under cost-plus contract for construction of army cantonment held mere conclusion. U.S. v. A. Bentley & Sons Co. (C.C.A. 1927) 16 F. (2d) 895. Allegations of fraudulent breach of costplus Army cantonment construction contract held mere conclusions. Id. Allegations of Government's petition that constructing quartermaster was not suc cessor of contracting officer as to work Petition of United States for breach of 951. Same; cost limit, barracks and quarters for Coast Artillery. This section, based on section 1, act of June 6, 1900 (31 Stat. 624), U.S.C. 10: 1338, should be omitted as executed. 957a. Private buildings; lease to the United States, consideration.-Hereafter no appropriation shall be obligated or expended for the rent of any building or part of a building to be occupied for Government purposes at a rental in excess of the per annum rate of 15 per centum of the fair market value of the rented premises at date of the lease under which the premises are to be occupied by the Government nor for alterations, improvements, and repairs of the rented premises in excess of 25 per centum of the amount of the rent for the first year of the rental term, or for the rental term if less than one year: Provided, That the provisions of this section shall not apply to leases heretofore made, except when renewals thereof are made hereafter, nor to leases of premises in foreign countries for the foreign services of the United States; Provided further, That the provisions of this section as applicable to rentals, shall apply only where the rental to be paid shall exceed $2,000 per annum. Sec. 322, Title III, Part II, act of June 30, 1932 (47 Stat. 412), as amended by sec. 15, Title II, act of Mar. 3, 1933 (47 Stat. 1517); U.S.C. 40: 40a. 961. Same; in the District of Columbia, unauthorized rental by Government prohibited. ther ant thori for + II, Fract hospi 1893 bould} priate ditions fwhic 16 Stat the ad 11 * * * rental of buildings, including not to exceed $900 in the District of Columbia, provided space is not available in Government-owned buildings, Title I, act of Feb. 23, 1931 (46 Stat. 1287), making appropriations for the support of the War Department. The second paragraph of this section based on act of Feb. 28, 1929 (45 Stat. 1359), was superseded by the above. 964. Cemeteries; erection of headstones and preservation of records. * * * for headstones for unmarked graves of soldiers, sailors, and marines under the acts approved March 3, 1873 (U.S.C., title 24, sec. 279), February 3, 1879 (U.S.C., title 24, sec. 280), March 9, 1906 (34 Stat. p. 56), March 14, 1914 (38 Stat. p. 768), and February 26, 1929 (U.S.C., Supp. III, title 24, sec. 280a), and civilians interred in post cemeteries; *. Title II, act of Feb. 23, 1931 (46 Stat. 1302), making appropriations for the support of the War Department. The second paragraph of the original text of this section, based on act of March 9, 1906 (34 Stat. 56), should be omitted as superseded by the third paragraph thereof. The last paragraph of this section, based on act of February 28, 1929 (45 Stat. 1375), making appropriations for the support of the War Department, was superseded by the above provision. By act of February 3, 1931 (46 Stat. 1060), the Secretary of War was authorized to acquire the Confederate Stockade Cemetery, situated on Johnstons Island, Sandusky Bay, Ohio. By act of Apr. 16, 1932 (47 Stat. 87), the Secretary of War was authorized to erect one single-marker marker in the La Fayette, Ga., cemetery, in which are buried fifteen unknown Confederate soldiers, at a cost not exceeding that of fifteen separate markers as now authorized by law. 979. Foreign cemeteries; American Battle Monuments Commission. "U.S.O. 36: 138" should be added to the citation to the eleventh paragraph of this section. 980. Same; pilgrimages of mothers and widows of deceased soldiers to Europe. That the Secretary of War is hereby authorized to arrange for pilgrim. ages to cemeteries in Europe by mothers and widows of members of the military or naval forces of the United States who died in the military or naval service at any time between April 5, 1917, and July 1, 1921, and whose remains are now interred in such cemeteries. Such pilgrimages shall be made at the expense of the United States under the conditions set forth in section 2. That the Act of March 2, 1929, entitled "An Act to enable the mothers and widows of the deceased soldiers, sailors, and marines of the American forces now interred in the cemeteries of Europe to make a pilgrimage to these ceme teries," be, and is hereby, amended to authorize the Secretary of War to ar range for pilgrimages tò cemeteries in Europe by mothers and widows of those members of the military or naval forces of the United States who died in the military or naval service at any time between April 5, 1917, and July 1, 1921, wherein death and burial of the member occurred at sea or wherein the death of the member occurred at sea or overseas but whose place of interment is unknown, or who is interred in any identified grave in Europe, the same as is provided in the case of mothers and widows of members of said forces whose remains are now interred in identified graves in cemeteries in Europe, at the expense of the United States and under the conditions set forth in section 2 of said Act. Sec. 1, act of Mar. 2, 1929 (45 Stat. 1508), as amended by sec. 1, act of May 15, 1930 (46 Stat. 334). The conditions under which such pilgrimages may be made are as follows: (a) Invitations to make the pilgrimages shall be extended in the name of the United States to the mothers and widows for whom the pilgrimages are authorized to be arranged under section 1. (b) Upon acceptance of the invitation the mother or widow shall be entitled to make one such pilgrimage at Government expense. (c) The pilgrimages shall be made at such times during the period from May 1, 1930, to October 31, 1933, as may be designated by the Secretary of War. (d) For the purpose of the pilgrimages the Secretary of State shall (1) issue special passports, limited to the duration of the pilgrimage, to mothers and widows making the pilgrimages and to such personnel as may be selected to accompany and/or arrange for the pilgrimages, if such mothers, widows, and personnel are citizens of the United States, and (2) issue suitable travel documents, if aliens. No fee for either of such documents or for any application therefor shall be charged. Such alien mothers, widows, and personnel shall be permitted to return and be granted admission to the United States without regard to any law, convention, or treaty relating to the immigration or exclusion of aliens, if the return is made within the period covered by the pilgrimage of the particular group or, in the case of personnel, within such times as the Secretary of War shall by regulation prescribe; except that in any case of unavoidable detention the Secretary of War may extend in such case the time during which return may be made without regard to such laws, conventions, or treaties. age d Secr navoid durin eaties (e) The pilgrimages shall be by the shortest practicable route and for the shortest practicable time, to be designated by the Secretary of War. No mother or widow shall be provided for at Government expense in Europe for a longer period than two weeks from the time of disembarkation in Europe to the time of reembarkation in Europe, except in case of illness or other unavoidable cause. In the event of the death of a mother or widow while engaged upon the pilgrimage herein provided for, the United States shall pay the cost of preparation of the body for burial (including the cost of a suitable casket) and transportation of same with escort to the home of the deceased. In the case of any mother or widow willfully failing to continue the pilgrimage of her particular group the United States shall not incur or be subject to any expense with regard to her pilgrimage after such failure. (f) Vessels owned or operated by the United States Government or any agency thereof shall be used for transportation at sea wherever practicable. (g) Suitable transportation, accommodations, meals, and other necessities pertaining thereto, as prescribed by the Secretary of War, shall be furnished each mother or widow included in any pilgrimage for the entire distance at sea and on land and while sojourning in Europe and while en route in the United States from home to port and from port to home. Cabin-class accommodations shall be furnished for all transportation at sea. No mother or widow shall be entitled, by reason of any payment made by or for her, to be furnished by the Government with transportation, accommodations, meals, and other necessities pertaining thereto different in kind from those prescribed by the Secretary of War for the pilgrimage of the particular group. (h) All pilgrimages shall be made in accordance with such regulations as the Secretary of War may from time to time prescribe as to the time, route, itineraries, composition of groups, accommodations, transportation, program, arrangements, management, and other matters pertaining to such pilgrimages. Seo. 2, act of Mar. 2, 1929 (45 Stat. 1508), as amended by sec. 1, act of Apr. 19, 1930 (46 Stat. 225), as amended by sec. 2, act of May 15, 1930 (46 Stat. 335). There are authorized to be appropriated such sums as may be necessary to carry into effect the provisions of this Act. The Secretary of War is directed to make an investigation for the purpose of determining (1) the total numbers of mothers and widows entitled to make the pilgrimages, (2) the number of such mothers and widows who desire to make the pilgrimages and the number who desire to make the pilgrimages during the calendar year 1930, and (3) the probable cost of the pilgrimages to be made. The Secretary of War shall report to the Congress not later than December 15, 1929, the result of such investigations. (a) In carrying into effect the provisions of this Act the Secretary of War is authorized to do all things necessary to accomplish the purpose prescribed, by contract or otherwise, with or without advertising, including the engagement by contract or otherwise of such personal services as may be necessary without regard to civil-service requirements and restrictions of laws governing the employment and compensation of employees of the United States, and to detail for duty in connection with the pilgrimage such officers of the Army of the United States for such time as may be necessary without regard to existing laws and regulations governing the detail of officers. Any appropriations for carrying this Act into effect shall be available for the payment in advance of such per diem allowance in lieu of subsistence and other traveling expenses as may be prescribed by the Secretary of War for the travel of pilgrims and for the payment of mileage reimbursement of actual traveling expenses or per diem in lieu thereof, as authorized by law, to officers of the 605-33 -6 Army, and pay and traveling expenses of civilian employees, including civilian employees of the War Department who may be temporarily detailed for this service. (b) The Secretary of War may detail to active duty in connection with the execution of the provisions of this Act and any amendments thereto Major General B. F. Cheatham, United States Army, retired, who while on such active duty shall receive the full pay and allowances of a major general on the active list, notwithstanding existing laws relative to the pay of officers of the Army. Sec. 3, act of Mar. 2, 1929 (45 Stat. 1509), as amended by sec. 2, act of Apr. 19, 1930 (46 Stat. 226). 66 (a) The term mother means mother, stepmother, mother through adop tion, or any woman who stood in loco parentis to the deceased member of the military or naval forces for a period of not less than five years at any time prior to the soldier, sailor, or marine becoming eighteen years of age. (b) The term "widow means a widow who has not remarried since the death of the member of the military or naval forces. Sec. 4, act of Mar. 2, 1929 (45 Stat. 1509), as amended by sec. 3, act of May 15, 1930 (46 Stat. 335). The original text of this section has been amended to read as above. 983a. Fortifications; installation of armament. That the Secretary of War is authorized to proceed with the installation of guns and howitzers in such order of priority as he may deem expedient, at places for which appropriations have been, or hereafter may be, made for emplacements for such guns and howitzers. Sec. 6, act of Mar. 3, 1921 (41 Stat. 1352); U.S.C. 50: 85. This provision was omitted from the original text of the Military Laws, 1929. 984a. Lands in general; possession and title.-That in any proceeding in any court of the United States outside of the District of Columbia which has been or may be instituted by and in the name of and under the authority of the United States for the acquisition of any land or easement or right of way in land for the public use, the petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the United States. Said declaration of taking shall contain or have annexed thereto (1) A statement of the authority under which and the public use for which said lands are taken. (2) A description of the lands taken sufficient for the identification thereof. (3) A statement of the estate or interest in said lands taken for said public use. (4) A plan showing the lands taken. (5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken. Upon the filing said declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the United States of America, and said lands shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of 6 per centum per annum on the amount finally awarded as the value of the property as of the date of W ch: e cour ed c bsolut d to b to jos nd sai esta c of the Juma late of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the United States for the amount of the deficiency. Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. Sec. 1, act of Feb. 26, 1931 (46 Stat. 1421); U.S.C. 40:258a. No appeal in any such cause nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the United States. Sec. 2, act of Feb. 26, 1931 (46 Stat. 1422); U.S.C. 40: 2586. Action under this statute irrevocably committing the United States to the payment of the ultimate award shall not be taken unless the chief of the executive department or agency or bureau of the Government empowered to acquire the land shall be of the opinion that the ultimate award probably will be within any limits prescribed by Congress on the price to be paid. Sec. 3, act of Feb. 26, 1931 (46 Stat. 1422); U.S.C. 40: 258c. The right to take possession and title in advance of final judgment in condemnation proceedings as provided by this Act shall be in addition to any right, power, or authority conferred by the laws of the United States or those of any State or Territory under which such proceedings may be conducted, and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority. Sec. 4, act of Feb. 26, 1931 (46 Stat. 1422); U.S.C. 40: 258d. 985. Same; restrictions on purchase. NOTES OF DECISIONS Construction and effect in general.-The acquisition of land at a receiver's sale when it is taken as security for a debt is not a 66 purchase within this section. (1928) 35 Op. Atty. Gen. 474. 988. Lands for fortifications, coast defenses, and military training camps; condemnation.-That hereafter the Secretary of War may cause proceedings to be instituted in the name of the United States, in any court having jurisdiction of such proceedings for the acquirement by condemnation of any land, temporary use thereof or other interest therein, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications, coast defenses, military training camps, and for the construction and operation of plants for the production of nitrate and other compounds and the manufacture of explosives and other munitions of war and for the development and transmission of power for the operations of such plants; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, That when the owner of such land, interest, or rights pertaining thereto shall fix a price for the same, which in the opinion of the Secretary of War shall be reasonable, he may purchase or enter into a contract for the use of the same at such price without further delay. * * And provided further, That when such property is acquired in time of war, or the imminence thereof, upon the filing of * |