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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 thé 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 reg. ulations 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 Gov. ernment. (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
bia who employees of the Sons of this Act of the
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.)
vented or diset, other than ay before his ipri
1768a. Inventions patentable.—Any person who has invented or dis. covered 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, ap. proved 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
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 desig. nated 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,
report, periodical, bulletin, pamphlet, list, or other article or document (except official letter correspondence, including such enclosures as are reasonably related to the subject matter of the correspondence; informational releases in connection with the decennial census of the United States, mail concerning the sale of Government securities, and all forms and blanks and copies of statutes, rules, regulations, and instructions and administrative orders and interpretations necessary in the administration of such departments and establishments), unless a request therefor has been previously received by such department or independent establishment; or such transmission is required by law; or such document is transmitted to inform the recipient thereof of the adoption, amendment, or interpretation of a statute, rule, regulation, or order to which he is subject. For each quarter, beginning with the quarter commencing July 1, 1939, the head of each independent establishment and executive department (other than the Post Office Department) shall submit to the Postmaster General, within thirty days after the close of the quarter, a statement of the weight of the mail matter by classes of mail that the independent establishment or department has transmitted free of postage during such quarter, and he shall also certify to the Postmaster General at the end of each such quarter that nothing was transmitted through the mail free of postage by the independent establishment or department in violation of the provisions of this section: Provided, That nothing herein shall be construed to prohibit the mailing free of postage of lists of agricultural bulletins, lists of public documents which are offered for sale by the Superintendent of Documents, or of announcements of publications of maps, atlases, statistical, and other reports offered for sale by the Federal Power Commission as authorized by section 312 of the Federal Power Act: Provided further, That this prohibition shall not apply to the transmission of such books, reports, periodicals, bulletins, pamphlets, lists, articles, or documents to educational institutions or public libraries, or to Federal, State, or other public authorities. (May 6, 1939, sec. 6, 53 Stat. 683, as amended June 30, 1939, sec. 2, 53 Stat. 989; 39 U. S. C., sec. 321b.)
PUBLIC BUILDINGS, PROPERTY, AND WORKS
1817b-1. National Archives seal; admissibility of copies of documents in custody of Archivist when properly authenticated.—The National Archives shall have an official seal, which shall be judicially noticed.
The Archivist of the United States may make or reproduce and furnish authenticated or unauthenticated copies of any of the documentary, photographic or other archives or records in his custody that are not exempt from the examination as confidential or protected by subsisting copyright, and may charge therefor a fee sufficient to cover the cost or expenses thereof. There shall be no charge for the making or authentication of such copies or reproductions furnished to any department or other agency of the Government for official use. When any such copy or reproduction furnished under the terms hereof is authenticated by the official seal of the National Archives and certified
by the Archiviste or the chief of anyuch authority, it s
by the Archivist of the United States, or in his name attested by the head of any office or the chief of any division of The National Archives designated by the Archivist with such authority, it shall be admitted in evidence equally with the original from which it was made. (June 19, 1934, sec. 8, 48 Stat. 1123; June 22, 1936, 49 Stat. 1821; 40 U. S. C., sec. 238.)
1819. Title to land to be purchased by United States.-No public money shall be expended upon any site or land purchased by the United States for the purposes 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.
Notwithstanding the provisions of this or any other law, whenever the average value of any lands or interests in land to be acquired by or on behalf of the United States under a single option or contract of sale does not exceed $10 per acre (hereinafter referred to as “low-value lands”), the title may be accepted subject to such infirmities as, in the opinion of the Attorney General, may, without jeopardizing the interests of the United States, be left for removal by condemnation or other appropriate proceedings, if and when necessary: Provided, That the total value of any lands or interests to be acquired under a single option or contract of sale subject to an infirmity does not exceed $3,500. No public money shall hereafter be expended for the acquisi. tion of such low-value lands or interests in land by or on behalf of the United States for any purpose until the written opinion of the Attorney General has been had approving the title subject, if expedient, to infirmities as herein provided. However, no money in excess of $2,500 shall be expended for the construction of buildings, works, or other improvements (except roads, trails, and fire-protection improvements) on any site, tract, or parcel of land the title to which is subject to infirmities, until the written opinion of the Attorney General in favor of the validity of the title has been had as in the case of other lands. For the purpose of this Act, values of lands and interests in land shall be determined by the consideration paid or to be paid.
The Attorney General is hereby authorized to approve the title to easements or rights-of-way to be acquired by or on behalf of the United States, subject to such infirmities as, in his opinion, will not jeopardize the interests of the United States.
Nothing in this Act shall be construed to limit the authority now or hereafter delegated to any officer in exercising the power of emi. nent domain for or on behalf of the United States, to take title to or possession of or to expend money for or upon any land or interest in land, or to expend money as security for an ultimate award in advance of final judgment in any proceedings to determine just com. pensation; nor shall this Act be construed to preclude any acquiring agency from expending money for the erection of any preliminary and temporary structure upon any land.
The head or other authorized officer of any department, independ. ent establishment, or agency, shall procure any evidence of title which the Attorney General may deem necessary, and the expenses of procurement, except where otherwise authorized by law or provided by contract, may be paid out of the appropriations for the acquisition