Ch. I, act of

public lands may be reserved from entry, designated, and used for such aviation stations or fields for testing and experimental work; July 9, 1918 (40 Stat. 848); 10 U. S. C. 1341.

Yuma landing field, State of Arizona, formerly reserved for use of the War Department as an emergency landing field, was restored to the public domain by Executive Order No. 7375, May 20, 1936.

A tract of public land in the State of New Mexico was reserved for the use of the War Department as an enlargement of a target range used by the New Mexico National Guard by Executive Order No. 7442, August 31, 1936.

Land in the vicinity of Muroc, San Bernardino County, California, was reserved for the War Department for use as a bombing field by Executive Order No. 7707, September 11, 1937. 941. Aviation fields; donation to the United States.-The Secretary of War is hereby authorized to accept for the United States from any citizen of the United States a donation of a tract or tracts of land suitable and desirable in his judgment for the purposes of an aviation field and remount station, the terms of the donation also to authorize the use of the property donated for any other service of the United States which may hereafter appear desirable. Sec. 1, act of Aug. 29, 1916 (39 Stat. 622); 10 U. S. C. 1342.

By act of May 13, 1936 (49 Stat. 1271), the Secretary of War was authorized to acquire by donation a tract of land near Newburgh, New York, for aviation field, military, or other public purposes.

941a. Public buildings; assignment of space. With a view to the control and allotment of space in owned or leased Government buildings in the District of Columbia, a Public Buildings Commission is hereby created to be composed of two Senators to be appointed by the President of the Senate and two Members of the House of Representatives to be appointed by the Speaker, who shall serve thereon only so long as they are Members of Congress, and the Superintendent of the Capitol Building and Grounds, the officer in charge of public buildings and grounds, and the Supervising Architect or the Acting Supervising Architect of the Treasury during any vacancy in said office. Said commission shall elect one of its members as chairman of the commission and is authorized to employ such expert clerical or other services as it may deem necessary.

Any vacancies in said commission shall be filled in the same manner as the original appointments were made.

Said commission shall have the absolute control of and the allotment of all space in the several public buildings owned or buildings leased by the United States in the District of Columbia, with the exception of the Executive Mansion and office of the President, Capitol Building, the Senate and House Office Buildings, the Capitol power plant, the buildings under the jurisdiction of the Regents of the Smithsonian Institution, and the Congressional Library Building, and shall from time to time assign and allot, for the use of the several activities of the Government, all such space. Sec. 10, act of Mar. 1, 1919 (40 Stat.

1269); 40 U. S. C. 1.

*

The provisions of section 10 of the Legislative, Executive, and Judicial Appropriation Act for the fiscal year ended June 30, 1920, approved March 1, 1919, relating to the assignment of space in public buildings in the District of Columbia, shall apply to all buildings constructed, extended, or enlarged under the provisions of this Act, in the District of Columbia, and no land for sites or enlargement of sites therefor shall be acquired or land belonging to the United States be taken for sites or enlargement of sites therefor, without prior approval of the commission created by said Act of March 1, 1919; no contract shall be let for any building or the enlargement or extension of any building in the District of Columbia, under the provisions of this Act without the approval of said com

mission as to the assignment and general arrangement of space therein; and said commission shall determine the order in which buildings or enlargement of buildings in the District of Columbia, under the provisions of this Act shall be constructed. Sec. 6, act of May 25, 1926 (44 Stat. 634); 40 U. S. C. 346.

Upon application by any credit union organized under State law or by any Federal credit union organized in accordance with the terms of this Act, the membership of which is composed exclusively of Federal employees and members of their families, which application shall be addressed to the officer or agency of the United States charged with the allotment of space in the Federal buildings in the community or district in which said credit union or Federal credit union does business, such officer or agency may in his or its discretion allot space to such credit union if space is available without charge for rent or services. Sec. 21. added to act of June 26, 1934, by act of July 9, 1937 (50 Stat. 487); 12 U. S. C. 1771.

The Public Buildings Commission was abolished and its functions transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior by Executive Order No. 6166 of June 10, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended.

The Office of National Parks, Buildings, and Reservations is designated the "National Park Service" by section 1, Interior Department Appropriation Act of March 2, 1934 (48 Stat. 389).

$3,000,000 was appropriated for the acquisition of land as a site for a new War Department building, and for the construction of the first unit, by Title I, second deficiency appropriation act of June 25, 1938 (52 Stat. 1152).

Notes of Decisions

The above principles are applicable to the assignment of space in the new Post Office Building, and the authority of the Secretary of the Interior is not affected by the transfer of the "administration" of post-office buildings to the Post Office Department by Executive Order No. 6166 of June 10, 1933. (1933) 37 Op. Atty. Gen. 355.

Space in new buildings.-Where Congress | pletion or which may afterwards become by act of July 3, 1930 (46 Stat. 907), au- available may be assigned by the Secretary thorized the construction of a building "to of the Interior, as may be appropriate. be occupied by either the Interstate Com- (1933) 37 Op. Atty. Gen. 340. merce Commission or the General Accounting Office, as may be determined by the Public Buildings Commission" (the functions of which were transferred to the Interior Department by Executive Order No. 6166 of June 10, 1933), the building is to be used by the agencies for which it was constructed so far as their needs reasonably require. Any surplus space in the building on com941b. Fublic buildings; draping in mourning prohibited. That hereafter no building owned or used for public purposes by the Government of the United States shall be draped in mourning, and no part of the public fund shall be used for such purpose. Sec. 3, act of Mar. 3, 1893 (27 Stat. 715); 40 U. S. C. 286.

941c. Public buildings; operation of vending stands by blind persons.-That for the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of this Act shall be authorized to operate vending stands in any Federal building where, in the discretion of the head of the department or agency in charge of the maintenance of the building, such vending stands may be properly and satisfactorily operated by blind persons. Sec. 1, act of June 20, 1936 (49 Stat. 1559); 20 U. S. C. 107.

Further provisions of the act prescribe details of a licensing system, to be administered by the Office of Education, Interior Department, in cooperation with State authorities. 941d. Public buildings; use in connection with inauguration ceremonies.-That hereafter no public building, or the approaches thereto, other than the Capitol

Building and the White House, in the District of Columbia, shall be used or occupied in any manner whatever in connection with ceremonies attending the inauguration of President of the United States, or other public function, except as may hereafter be expressly authorized by law. Sec. 1, act of Apr. 28, 1902 (32 Stat. 152); 40 U. S. C. 31.

By public resolution of February 23, 1929 (45 Stat. 1261), this section was waived so as to permit the quartering of troops in public buildings during the inaugural ceremonies of March 4, 1929; by public resolution of January 30, 1933 (47 Stat. 792), for the inaugural ceremonies of March 1933; and by public resolution of January 14, 1937 (50 Stat. 4), for the inaugural ceremonies of January 1937.

By public resolutions of Jan. 31, 1933 (47 Stat. 793), and June 22, 1936 (49 Stat. 1824), the Director of Public Buildings and Public Parks of the National Capital was authorized to grant permits for the use of any reservations or other public spaces in the city of Washington under his control on the occasion of the inauguration of the President-elect in March 1933 and January 1937, respectively.

941e. Public buildings; transfer of jurisdiction. That Federal and District authorities administering properties within the District of Columbia owned by the United States or by the said District are hereby authorized to transfer jurisdiction over parts or all of such properties among or between themselves for purposes of administration and maintenance under such conditions as may be mutually agreed upon: Provided, That prior to the consummation of any transfer hereunder such proposed transfer shall be recommended by the National Capital Park and Planning Commission: Provided further, That all such transfers and agreements shall be reported to Congress by the authorities concerned. Sec. 1, act of May 20, 1932 (47 Stat. 161); 40 U. S. C. 122.

Nothing in this Act shall be construed to repeal the provisions of any existing law or laws authorizing the transfer of jurisdiction of certain lands between and among Federal and District authorities, but all such laws shall remain in full force and effect. Sec. 2, act of May 20, 1932 (47 Stat. 162); 40 U. S. C. 123. 942. Public building sites; condemnation.-That in every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses he shall be, and hereby is, authorized to acquire the same for the United States by condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do so, and the United States circuit or district courts of the district wherein such real estate is located shall have jurisdiction of proceedings for such condemnation, and it shall be the duty of the Attorney General of the United States, upon every application of the Secretary of the Treasury, under this act, or such other officer, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the Department of Justice. Sec. 1, act of Aug. 1, 1888 (25 Stat. 357); 40 U. S. C. 257.

The practice, pleadings, forms, and modes of proceeding in causes arising under the provisions of this Act shall conform, as near as may be, to the practice, pleadings, forms, and proceedings existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of the court to the contrary notwithstanding. Sec. 2, act of Aug. 1, 1888 (25 Stat. 357); 40 U. S. C. 258.

The powers and duties of circuit courts of the United States are now vested in district courts of the United States by secs. 289-291, Judicial Code of Mar. 3, 1911 (36 Stat. 1167). For restriction on contracting to pay for sites for public buildings a larger sum than is specifically appropriated therefor, see 945a, post.

The third paragraph of the 1929 text of this section, based on section 1, act of July 19, 1897 (30 Stat. 121); 24 U. S. C. 78, is omitted. See note to 1137, post.

Notes of Decisions

Condemnation proceedings; dismissal by | Government.-At any time before taking land, Government may abandon condemnation proceeding. U. S. v. Crary et al. (D. C., 1932), 2 F. Supp. 870.

If it deems awards excessive, Government may dismiss condemnation proceeding. Id.

Nature and form.-Where State statutory method of ascertaining damages conflicted with purpose of Federal Condemnation Act, Federal court should follow rulings of Supreme Court of the United States. U. S. v. Crary et al. (D. C., 1932), 2 F. Supp. 870.

In Government's condemnation proceeding no constitutional right exists to jury trial of conflicting claims to land or to award. Id.

Procedure in Government's condemnation proceeding should follow State statutes directing that trial of title be subsequent to payment of award into court and be by commissioner or court without jury. Id.

In Government's condemnation proceeding State statute requiring commissioners to report value and damages separately should be followed and value of each tract should be ascertained separately, regardless of ownership. Id.

943. Public building sites; assent of State legislatures to acquisition.-The President of the United States is authorized to procure the assent of the legislature of any State within which any purchase of land has been made for the erection of forts, magazines, arsenals, dockyards, and other needful buildings without such consent having been obtained. R. S. 1838; 4 U. S. C. 11.

944. Public building sites; opinion of Attorney General on validity of title.No public money shall be expended upon any site or land purchased by the United States for the purpose of erecting thereon any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, or other public building of any kind whatever, until the written opinion of the Attorney General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States upon the application of the Attorney General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the secretaries of the departments, upon the application of the Attorney General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the departments, respectively: Provided, however, That in all cases of the acquisition of land or any interest therein by the United States for the purpose herein specified or for other purposes, wherein the written opinion of the Attorney General in favor of the validity of the title of such land is or may be required or authorized by law, the Attorney General may, in his discretion, base such opinion upon a certificate of title of a title company. R. S. 355; act of June 28, 1930 (46 Stat. 828); 33 U. S. C. 733; 34 U. S. C. 520; 40 U. S. C. 255; 50 U. S. C. 175.

* * ** It shall be the duty of all officers of the United States having any of the title papers (property purchased, or about to be purchased, for erection of public buildings) in their possession, to furnish them forthwith to the Attorney General. No public money shall be expended until the written opinion of the Attorney General shall be had. R. S. 1136; sec. 1, act of Feb. 27, 1877 (19 Stat. 242); 10 U. S. C. 1339.

The other portion of R. S. 1136 is set forth at 950, post.

All legal services connected with the procurement of titles to sites for public buildings, other than life-saving stations and pier headlights, were to be rendered by United States district attorneys and the Attorney General was directed to require from the grantors of sites for public buildings that they should furnish free of all expenses to the Government the requisite abstracts, official certifications, and evidences of title that the Attorney General shall deem necessary, by sec. 1, act of Mar. 2, 1889 (25 Stat. 921).

The President was authorized to procure the assent of the legislature of any State to the purchase of land within the State, for the erection of forts, etc., and other needful buildings, by 943, ante.

For exception to this section where the immediate erection of any temporary fort or fortification is deemed important, see 984, post.

For exception in cases where the United States has become irrevocably committed to the erection of public buildings in advance of final judgment, see 984a, post.

Notes of Decisions

Finality of Attorney General's opinion.As the duty of examining titles with a view to acquisition of real estate by the United States is vested by law in the Attorney General, his opinions thereon are conclusive on all departments, and the Comptroller General may not go behind these opinions in auditing disbursements in connection with the acquisition of real estate. (1933) 37 Op. Atty. Gen. 95.

Title by adverse possession.-No title can be acquired by adverse possession against the United States. Stull v. U. S. (C. C. A., 1932), 61 F. (2d) 826.

Rights of United States as grantee of easement in gross were governed by principles applicable to individuals. Id.

Grant of easement is limited to purpose

of its creation, and enjoyment thereof may not be extended by implication.

Id.

Where act of State legislature authorized conveyance of lands by a municipality to the United States "for office and storage purposes in connection with the work of river and harbor improvement," a deed of conveyance thereunder, so far as its real nature and effect are concerned, is a grant of an easement-a grant only to occupy and use for a specific purpose. The issuance of a revocable permit to the Coast Guard to construct a garage and housing equipment on the lands in question would violate the condition of the grant and jeopardize the title of the United States. (1933) 37 Op.

Defendant has burden to prove alleged title by adverse possession based on possession before Government acquired title. Id. Conveyance of easement.-Conveyance to United States of easement and right-of-way in gross gave United States mere personal interest in grantor's land for governmental purposes and did not create right-of-way for Atty. Gen. 356.

* and no

945. Public building construction; plans and estimates.—* money shall be expended upon any public building until after sketch plans showing the tentative design and arrangement of such building, together with outline description and detailed estimates of the cost thereof shall have been made by the Supervising Architect of the Treasury Department (except when otherwise authorized by law) and said sketch plans and estimates shall have been approved by the Secretary of the Treasury and the head of each executive department who will have officials located in such building; but such approval shall not prevent subsequent changes in the design, arrangement, materials, or methods of construction or cost which may be found necessary or advantageous: Provided, That no such changes shall be made involving an expense in excess of the limit of cost fixed or extended by Congress, and all appropriations made for the construction of such building shall be expended within the limit of cost so fixed or extended. R. S. 3734; sec. 33, act of June 25, 1910 (36 Stat. 699); 40 U. S. C. 267.

For penalty for contracting to pay for the erection, repair, or furnishing of public buildings or public improvements a larger sum than is appropriated for the specific purpose, see 836, ante.

945a. Public building construction; cost limits.—And hereafter no money shall be paid nor contracts made for payment for any site for a public building in excess of the amount specifically appropriated therefor; R. S. 3734,

sec. 33, act of June 25, 1910 (36 Stat. 699); 40 U. S. C. 259.

*

Authorizations heretofore granted by law for the construction of public buildings and public improvements, whether an appropriation therefor has or has not been made, are hereby amended to provide for a reduction of 10 per centum of the limit of cost as fixed in such authorization, as to projects where no contract for the construction has been made. As to such projects where a contract has 136307-4030