commercial purposes, for a period not exceeding five years and revocable at any time, caterpillar tractors, dies, and gauges belonging to the United States, under the provisions of the act of July 28, 1892 (27 Stat. 321). 31:457. 5. Water power created by lock and dam on Black Warrior River, Ala.The Secretary of War has no right without express authority from Congress to enter into an agreement for the lease of the water power created by a Government lock and dam on the Black Warrior River, Ala. 30: 154. COAL MINING. See RAILROADS, I, 4. leave of absence with pay to members of the Grand Army of the Republic employed in the Government service who attend the annual encampment of that order. 26: 336. 4. Government official attending an international conference in an unofficial capacity.-The chief statistician for vital statistics of the Census Bureau may be granted leave of absence without pay for a period sufficient to enable him to attend in an unofficial capacity an international commission which is to meet in Paris for the purpose of revising the nomenclature of diseases and causes of death, no expense to the Government being en INDIAN LANDS. See INDIANS, III, b, tailed thereby. 32: 309. LANDS WITHDRAWN FOR IRRIGATION LEAVES OF ABSENCE 1. Authority to grant leave of absence to officer of the Engineer Corps to accept civil office. The Secretary of War is prohibited by section 1224 of the Revised Statutes from granting leave of absence to an officer of the Engineer Corps in order that he may be employed by the Interstate Commerce Commission to assist in the valuation of properties of common carriers under the act of March 1, 1913 (37 Stat. 701). 30: 184. etc. 2. Employees of arsenals, Continuous employment.-Employees of the navy yards, gun factories, naval stations, and arsenals of the United States Government, working under continuous employment, are not day laborers or piece workers in the ordinary sense of that term, and are therefore entitled to leaves of absence as provided by the act of February 1, 1901 (31 Stat. 746). 28: 339. 3. Members of the Grand Army of the Republic.-The President is without authority to grant an extension of 5. Same. The chief statistician for vital statistics of the Census Bureau may, if granted leave of absence without pay to attend the conference, be permitted to accept from the Red Cross, or some other agency outside the Government, an amount equal to that which he would receive as salary in the bureau if not placed on leave without pay. 32: 309. 6. Retirement act.-Leave without pay. An employee borne on the rolls of the War Department, who was on leave of absence without pay when the retirement act became effective and who immediately prior to that time had been on such leave for more than one year, was in the classified civil service at the effective date of said act. 32: 424. 7. Same. The head of a department has the right to grant to an employee in the classified civil service leave of absence without pay for a longer period than one year; and such right can be restricted only by statute or by Executive order. 32: 424. See also EXECUTIVE DEPARTMENTS, II, c, 63-66; NAVY, II, a, 80, 81. LEE, ROBERT E. STATUE. See CAPITOL BUILDING. Library of Congress, creates a particular position but does not designate the particular person who is to fill it; the phrase "formerly in free Public Library" is merely descriptive of the character of the duties of the position created. 29:532. 2. Form of bequests for the Library of Congress.-"The Library of Congress" is not a proper legatee to be named in a bequest. 26: 447. 3. Same. The question as to what is the best form of such a bequest depends upon the law of the testator's domicile, and it is therefore impossible to formulate any particular style of bequest that will be everywhere valid and in proper form. 26: 447. 4. Same. However, a bequest "to the United States of America, to be deposited in the Library of Congress," which latter part may be varied in case of pecuniary bequests to "to be applied to the increase or improvement of the Library of Congress," will, it is believed, be a satisfactory form to be used generally in the States of the Union and in other English-speaking countries. 26: 447. 5. Transfer of portions of Library of Congress lighting and heating plant to Bureau of Mines.-The Superintendent of the Library Building and Grounds has no authority to transfer certain disused portions of the lighting and heating plant of the Library of Congress to the Bureau of Mines of the Department of the Interior. 29: 524. LICENSES MANUFACTURE OF LIQUORS. See LIQUORS, III, 19. PATENTS, USE OF ENEMY-OWNED. See PATENTS, 11-15. PERMITS. See NATIONAL FORESTS, V, 23. PIPE LINES ACROSS ISTHMUS OF PANAMA. See CONTRACTS, IV, 67, 68; V, 79. QUAPAW ALLOTMENT LANDS. See INDIANS, III, b, 35. RADIO COMMUNICATION. See RADIO COMMUNICATION, 3-7. SELECTION. See NATIONAL FORESTS, I, 3-5; PUBLIC LANDS, I, 1, 2; III, 13-19; RAILROADS, III, 42. - LIFE SAVING 1. Board on Life-Saving AppliFances.- Compensation.- Expenses.Section 9 of the act of March 4, 1909 (35 Stat. 945), which prohibits the use of public moneys and appropriations made by Congress in payment of compensation or expenses of any commission, council, board, or other similar body, unless the creation of the same shall be authorized by law, has no application to the Board on Life-Saving Appliances, and consequently does not require the abolishment of that board or prevent the payment of the expenses of its members. 27: 406. 2. Same. This section applies only to commissions, boards, etc., which the law has not authorized, and to details thereto from any executive department or Government establishment. 27: 406. 3. Life-saving medals.-Barac River, P. I. The Secretary of the Treasury is empowered by the act of January 21, 1897 (29 Stat. 494), to bestow lifesaving medals for signal exertions made in saving persons from drowning in the Barac River, a nonnavigable stream of the Philippine Islands, since that river is under the jurisdiction of the United States by virtue of the sovereignty of the United States over said islands. 29:72. LIGHTHOUSES 1. Diamond Shoal Lighthouse.— Commencement of construction.Under the facts stated, there has been no such "commencement of construction," in good faith or otherwise, by Albert F. Eells, who was authorized under the act of March 3, 1905 (33 Stat. 1266), to construct, on conditions specified, a lighthouse and signal station upon the outer Diamond Shoal at Cape Hatteras, N. C., as was contemplated by that act, but only some preparation therefor. 26:337. 2. Same.--The term "construction," as used in that act, means an actual putting together of the parts of the lighthouse in their proper place and order, with regard to each other, if not necessarily upon the site to be occupied. 26: 337. 3. Same. By the expression 44 commencement in good faith," the beginning of a continuous operation of construction was intended, rather than the making of a first move followed by an immediate cessation of work and with no apparent readiness to proceed further. 26: 337. 4. Disposition of abandoned lighthouse sites.-The Department of Commerce is authorized under the act of March 4, 1913 (37 Stat. 1017), to sell in the manner prescribed thereby lands reserved for lighthouse sites whenever for administrative reasons it is deternined the same can not be profitably used in the work of the Lighthouse Service. 32: 488. alcoholic liquors includes cider if it contains enough alcohol to render it intoxicating. 31:491. 3. Distilled spirits.-The food control act of August 10, 1917 (40 Stat. 282), prohibits the importation for any purpose of distilled spirits produced prior to the passage of the war revenue act of October 3, 1917 (40 Stat. 300, 308). 31:180. 4. Same-Distilled spirits produced after the passage of the war revenue act may be imported for other than beverage purposes under such rules, regulations, and bonds as the Secretary of the Treasury may prescribe. 31: 180. 5. Same.-Distilled spirits produced in the West Indian Islands recently acquired from Denmark, if produced from products the growth of those islands and produced after the passage of the war revenue act may be imported for any purpose, but if produced before the passage of the war revenue act their importation for any purpose is prohibited. 31: 180. 6. Liquor brought into the United States in violation of section 15, food control act of August 10, 1917 (40 Stat. 282), section 301, war revenue act, October 3, 1917 (40 Stat. 308), and section 1, act of November 21, 1918 (40 Stat. 1047), can not ordinarily be permitted to be exported but where the importer brought in such liquor in good faith and in ignorance of such legislation, having immediately before making the shipments made inquiry of the United States consuls at foreign ports and being informed that there was no law prohibiting the importation thereof, such liquor may be permitted to be exported. 31:392. 7. Liquors in bonded warehouses.Liquors shipped to the United States prior to September 1, 1917, and placed in bonded warehouses under the provisions of Joint Resolution No. 99, approved October 6, 1917, may now by virtue of section 600 (b) of the revenue act of 1918 be lawfully exported, although more than one year has elapsed from their entry into the United States, the prohibition of the exporting of liquors under the eighteenth amendment to the Constitution not having yet become effective. 32: 62. 8. Same.-Opinion of March 18, 1919 (31 Op. 392), modified. 32: 62. 9. Wines, including vermuth and ginger cordial, though fortified with distilled spirits, are not, within the meaning of the food control act of August 10, 1917, and the war revenue act of October 3, 1917, distilled spirits if they do not contain more than 24 per cent absolute alcohol by volume, and their importation is therefore not prohibited. 31: 236. 10. Same. The importation of vermuth, cider, fruit juices, and other beverages containing as much as one-half of 1 per cent of alcohol is prohibited by the said act of November 21, 1918. 31: 498. III. Manufacture, possession, use, and sale 11. Beer.-Alcoholic content. By the provision of the act of November 21, 1918 (40 Stat. 1046), prohibiting the use of food products in the manufacture of beer, it was not intended to include malt liquor which does not contain as much as one-half of 1 per cent of alcohol. 31: 498. 12. Same.-The act of November 21, 1918 (40 Stat. 1046), prohibits the use of food products in the manufacture of all malt and vinous liquors for beverage purposes containing onehalf of 1 per cent of alcohol. 31: 498. Department to report to the Department of Justice instances of its manufacture or sale. 31: 491. 15. Same. The result of the provisions of the national prohibition act dealing with cider is as follows: (1) The making of cider containing less than one-half of 1 per cent of alcohol by pressing the juice of apples is not unlawful; (2) The sale for beverage purposes of cider containing as much as one-half of 1 per cent of alcohol is unlawful; (3) Preserved sweet cider may be sold as a beverage, provided the maker obtains a permit to manufacture preserved sweet cider; (4) One who makes cider may keep it in his possession without regard to the amount of alcohol it afterwards contains as a result of fermentation, so long as he holds it only for use in his home or for sale to one having a permit to make vinegar. 32:353. 16. Collecting purchase price of intoxicating liquors shipped from one State into another.-National banks.— Section 239 of the Criminal Code, which prohibits the collection of the purchase price of intoxicating liquors by a person acting in connection with the transportation thereof from one State into another, does not apply to banks collecting drafts with bill of lading attached, where the shipment is made to a real consignee upon an order sent by him and filled by shipment from the dealer's place of business. 29:58. 17. Same. Where consignments of liquor are made to fictitious persons and the bills of lading, with drafts attached, are sent to a bank with such instructions that the goods are delivered to anybody who will pay the draft and accept the goods, even though the person to whom the goods are delivered has not previously ordered the liquor, such a transaction would 14. Same. Since the act of Novem- constitute a sale by the bank and the ber 21, 1918, does not prohibit the bank in such a case would be amenable manufacture or sale of cider, it will not to discipline by the State for selling be necessary for agents of the Treasury | liquor contrary to the State law, and 13. Cider.-Cider is not a vinous liquor within the meaning of the act of November 21, 1918, and, regardless of its alcoholic content, the manufacture or sale thereof is not prohibited by that act. 31: 491. |