*

partments or agencies concerned, and nothing in this Act shall be construed to limit or retard any department or agency in carrying out similar and related activities heretofore or hereafter authorized, or to limit the exercise of powers conferred on any department or agency by other provisions of law is carrying out similar and related activities. (June 22, 1936, sec. 8, 49 Stat. 1596; 33 U. S. C., sec. 701e.) 1765-12. Appropriation: payment of employees from funds of Works Progress Administration.-The sum of $310,000,000 is authorized to be appropriated for carrying out the improvements herein and the sum of $10,000,000 is authorized to be appropriated and expended in equal amounts by the Departments of War and Agriculture for carrying out any examinations and surveys provided for in this Act and other Acts of Congress: Provided, That not more than $50,000,000 of such sum shall be expended during the fiscal year ending June 30, 1937: Provided further, That for the relief of unemployment, in addition to the regular appropriation, persons may be employed on such works of improvement and the compensation of said persons when so employed shall be paid from the funds available to the Works Progress Administration for the continuance of relief and work relief on useful projects. (June 22, 1936, sec. 9, 49 Stat. 1596; 33 U. S. C., sec. 701f.)

[Localities at which preliminary examinations and surveys are authorized to be made are listed in Act June 22, 1936, sec. 6, 49 Stat. 1592; Act Aug. 28, 1937, sec. 5, 50 Stat. 877; and Act June 28, 1938, sec. 6, 52 Stat. 1223.

Localities at which the continuance of examinations and surveys already undertaken is authorized are listed in Act June 22, 1936, sec. 7, 49 Stat. 1596.

Works of improvement adopted and authorized to be prosecuted are listed in section 5 of Act June 22, 1936, 49 Stat. 1596, as amended or supplemented by Act Aug. 28, 1937, sec. 1, 50 Stat. 876, section 4 of Act June 28, 1938, 52 Stat. 1216, and section 4 of Act Aug. 11, 1939, 53 Stat. 1414.]

(June 22, 1936, sec. 6, 49 Stat. 1592; 33 U. S. C., sec. 701f note.)

1765-13. Same; appropriation. That the sum of $375,000,000 is hereby authorized to be appropriated for carrying out the improvements herein over the five-year period ending June 30, 1944, and the sum of $10,000,000 additional is authorized to be appropriated and expended in equal amounts by the Departments of War and Agriculture for carrying out any examinations and surveys provided for in this Act and any other Acts of Congress, to be prosecuted by said Departments. The sum of $1,500,000 additional is authorized to be appropriated and expended by the Federal Power Commission for carrying out any examinations and surveys provided for in this Act or any other Acts of Congress, to be prosecuted by the said Federal Power Commission. (June 28, 1938, sec. 9, 52 Stat. 1226; 33 U. S. C., sec. 701f-1.)

*

1765-14. Use of properties within floodways for National forests or wild life refuges.-* And provided further, That if the Secretary of Agriculture shall determine to acquire any of the properties within the floodways herein referred to, for national forests, wildlife refuges,

So in original.

or other purposes of his Department, the Secretary of War may, upon recommendation by the Chief of Engineers, in lieu of acquiring flowage rights, advance to or reimburse the said Secretary of Agriculture sums equal to those that would otherwise be used for the purchase of easements desired by the War Department and the Secretary of Agriculture is authorized to use these sums for the purpose of acquiring properties in the floodways in question. (June 15, 1936, sec. 12, 49 Stat. 1512; 33 U. S. C., sec. 702a-10.)

1765-15. Separability clause.-If any provision of this Act, or the application thereof, to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. (June 15, 1936, sec. 14, 49 Stat. 1513; 33 U. S. C., sec. 702k-2.)

NAVY

NAVAL PROPERTY, STORES, SUPPLIES, AND CONTRACTS

1766-1. Procurement and sale of stores to officers and men and to civilian employees. That hereafter such stores as the Secretary of the Navy may designate may be procured and sold to officers and enlisted men of the Navy, Marine Corps, and Coast Guard; to the widows of such officers and enlisted men; and to civilian officers and employees of the United States at naval stations and post exchanges beyond the continental limits of the United States or in Alaska, under such regulations as the Secretary of the Navy may prescribe. (Mar. 3, 1909, 35 Stat. 768; Apr. 14, 1937, 50 Stat. 63; June 10, 1939, 53 Stat. 814; 34 U. S. C., sec. 533.)

THE MARINE CORPS

1766-2. Relief of sailors or marines discharged from the Navy or Marine Corps during the Spanish-American War, the Philippine Insurrection, and the Boxer uprising because of minority or misrepresentation of age.-That in the administration of any laws conferring rights, privileges, or benefits upon honorably discharged members of the military or naval forces of the United States, their widows and dependent children, a member of the Navy or Marine Corps who was enlisted between April 21, 1898, and July 4, 1902, both dates inclusive, and who was discharged for fraudulent enlistment because of minority or misrepresentation of age, shall hereafter be held and considered to have been honorably discharged from the Navy or Marine Corps on the date of his actual separation therefrom, if his service otherwise was such as would have entitled him to an honorable discharge: Provided, That no back pay or allowance shall accrue by reason of the passage of this Act: Provided further, That in all such cases the Navy Department shall, upon request, grant to such individual, his widow or next of kin a discharge certificate showing that such former member of the Navy or Marine Corps is held and considered to have been honorably discharged under the provisions of this Act. (June 22, 1938, 52 Stat. 940; 34 U. S. C., sec. 161a and sec. 696.)

NAVAL RESERVE AND MARINE CORPS RESERVE

1767-1. Naval Reserve established under Act of February 28, 1925, abolished; new Naval Reserve created.-The Naval Reserve established under the Act of February 28, 1925, is hereby abolished, and in lieu thereof there is hereby created and established, as a component part of the United States Navy, a Naval Reserve which shall consist of the Fleet Reserve, the Organized Reserve, the Merchant Marine Reserve, and the Volunteer Reserve: (June 25, 1938, sec. 1, 52 Stat. 1175; 34 U. S. C., sec. 853.)

1767-2. Marine Corps Reserve established under Act of February 28, 1925 abolished and new Marine Corps Reserve created.-The United States Marine Corps Reserve established under the Act of February 28, 1925, is hereby abolished, and in lieu thereof there is hereby created and established as a component part of the United States Marine Corps, a Marine Corps Reserve under the same provisions in all respects (except as may be necessary to adapt said provisions to the Marine Corps) as those contained in this Act or which may hereafter be enacted providing for the Naval Reserve: Provided, That the Marine Corps Reserve shall consist of the Fleet Marine Corps Reserve, the Organized Marine Corps Reserve, and the Volunteer Marine Corps Reserve, corresponding, as near as may be, to similar classes of the Naval Reserve. (June 25, 1938, sec. 2, 52 Stat. 1175; 34 U. S. C., sec. 853a.)

1767-3. Composition of the Naval Reserve.-The Naval Reserve shall be composed of male citizens of the United States and of the insular possessions of the United States who have attained the age of seventeen years and who, by appointment or enlistment therein under regulations prescribed by the Secretary of the Navy or by transfer thereto as in this Act provided, obligate themselves to serve in the Navy in time of war or when in the opinion of the President a national emergency exists: Provided, That female registered nurses may be appointed in the Volunteer Reserve under regulations prescribed by the Secretary of the Navy: Provided further, That no officer or man of the Naval Reserve shall be a member of any other naval or military organization except the Naval Militia: And provided further, That no existing law shall be construed to prevent any member of the Naval Reserve from accepting employment in any civil branch of the public service nor from receiving the pay and allowances incident to such employment in addition to any pay and allowances to which he may be entitled under the provisions of this Act, nor as prohibiting him from practicing his civilian profession or occupation before or in connectnon with any department of the Federal Government. (June 25, 1938, sec. 4, 52 Stat. 1176; 34 U. S. C., sec. 853b.)

1767-4. Government officers and employees in Naval Reserve; leave of absence privileges.-The Secretary of the Navy shall prescribe all necessary and proper regulations, not inconsistent with the provisions of this Act, for the recruiting, organization, government, administration, training, inspection, and mobilization of the Naval Reserve, and shall detail such officers and enlisted men of the Regular Navy and the Naval Reserve, and shall make available such vessels, ma

terial, armament, equipment, and other facilities of the Regular Navy as he may deem necessary and advisable for the development of the Naval Reserve in accordance with the provisions of this Act: Provided, That all officers and employees of the United States or of the District of Columbia who are members of the Naval Reserve shall be entitled to leave of absence from their respective duties without loss of pay, time, or efficiency rating on all days during which they may be employed with or without pay under the orders or authorization of competent authority, on training duty for periods not to exceed fifteen days in any one calendar year. (June 25, 1938, sec. 9, 52 Stat. 1177; 34 U. S. C., sec. 853g.)

1767-5. Reservists subject to Government of the Navy while employed on active or training duty.-All members of the Naval Reserve, when employed on active duty, authorized training duty, with or without pay, drill, or other equivalent instruction or duty, or when employed in authorized travel to or from such duty, or appropriate duty, drill, or instruction, or during such time as they may by law be required to perform active duty, or while wearing a uniform prescribed for the Naval Reserve, shall be subject to the laws, regulations, and orders for the government of the Navy: Provided, That disciplinary action for an offense committed while subject to the laws, regulations, and orders for the government of the Navy shall not be barred by reason of release from duty status of any person charged with the commission thereof: Provided further, That for the purpose of carrying the provisions of this section into effect, members of the Naval Reserve may be retained on or returned to a duty status without their consent, but not for a longer period of time than may be required for disciplinary action. (June 25, 1938, Title III, sec. 301, 52 Stat. 1180; 34 U. S. C., sec. 855.)

PATENTS

1768a. Inventions patentable.-Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvements thereof, or who has invented or discovered and asexually reproduced any distinct and new variety of plant, other than a tuber-propagated plant, not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than one year prior to his application, and not in public use or on sale in this country for more than one year prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceeding had, obtain a patent therefor. (R. S., secs. 4886, 4887, 4920, and 4929; Mar. 3, 1897, sec. 1, 29 Stat. 692; May 23, 1930, sec. 1, 46 Stat. 376; Aug. 5, 1939, sec. 1, 53 Stat. 1212; 35 U. S. C., sec. 31.)

[The words "one year" were substituted for the words "two years" in the foregoing paragraph by section 1, 53 Stat. 1212, approved Aug. 5, 1939. Section 2, 53 Stat. 1212, provides the effective date of the changes affected by section 1, and reads as follows:

"This Act shall take effect one year after its approval and shall apply to all applications for patent filed after it takes effect and to all patents granted on such applications: Provided, however, That all applications for patents filed prior to the time this Act takes effect and all patents granted on such applications are to be governed by the statutes in force at the time of approval of this Act as if such statutes had not been amended."]

PATRIOTIC SOCIETIES AND OBSERVANCES

MISCELLANEOUS

1781-1. Display of flag on buildings on last Sunday in September.That the President of the United States is hereby authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to display the flag and to hold appropriate meetings at their homes, churches, or other suitable places, on the last Sunday in September, as a public expression of the love, sorrow, and reverence of the people of the United States for the American Gold Star Mothers. (June 23, 1936, sec. 1, 49 Stat. 1895; 36 U. S. C., sec. 147.)

1781-2. Last Sunday in September designated as Gold Star Mother's Day. That the last Sunday in September shall hereafter be designated and known as "Gold Star Mother's Day", and it shall be the duty of the President to request its observance as provided for in this resolution. (June 23, 1936, sec. 2, 49 Stat. 1895; 36 U. S. C., sec. 148.) 1781-3. April thirteenth for commemoration of Thomas Jefferson's birth.-The President of the United States of America is authorized and directed to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on April 13 of each year, and inviting the people of the United States to observe the day in schools and churches, or other suitable places with appropriate ceremonies in commemoration of the birth of Thomas Jefferson. (Aug. 16, 1937, 50 Stat. 668; 36 U. S. C., sec. 149.)

1781-4. August nineteenth as Aviation Day.-That the President of the United States is authorized to designate August 19 of each year as National Aviation Day, and to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on that day, and inviting the people of the United States to observe the day with appropriate exercises to further and stimulate interest in aviation in the United States. (May 11, 1939, 53 Stat. 739; 36 U. S. C., sec. 151.)

THE POSTAL SERVICE

THE FRANKING PRIVILEGE

1791-1. Restriction on privilege of executive departments and independent establishments; reports of free mail.-On and after July 1, 1939, no executive department or independent establishment of the Government shall transmit through the mail, free of postage, any book,