of the injury were minors or employed in a learner's capacity and who were not physically or mentally defective the commission shall, on any review after the time when the monthly wage-earning capacity of such persons would probably, but for the injury, have increased, award compensation based on such probable monthly wage-earning capacity. The commission may, on any review after the time when the monthly wageearning capacity of the disabled employee would probably, irrespective of the injury, have decreased on account of old age, award compensation based on such probable monthly wage-earning capacity." Decrease for old age. Beneficiaries. SEC. 2. That subdivision H of section 10 of the Act entitled "An Act to provide compensation for employees amended. of the United States suffering injuries while in the performance of their duties, and for other purposes," is amended to read as follows: "(H) As used in this section, the term 'child' includes stepchildren, adopted children, and posthumous children, but does not include married children. The terms 'brother' and 'sister' include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters. All of the above terms and the term 'grandchild' include only persons who at the time of the death of the deceased employee are under eighteen years of age or over that age and incapable of self-support. The term 'parent' includes stepparents and parents by adoption. The term 'widow' includes only the decedent's wife living with or dependent for support upon him at time of his death or living apart for reasonable cause or by reason of his desertion." Relationship construed. "Widower" omitted. Monthly construed. amended. pay SEC. 3. That subdivision K of section 10 of the Act entitled "An Act to provide compensation for employees Vol. 39, p. 745, of the United States suffering injuries while in the performance of their duties, and for other purposes," is amended to read as follows: "(K) In computing compensation under this section the monthly pay shall be considered not to be more than $175 nor less than $87.50, but the total monthly compensation shall not exceed the monthly pay computed as provided in section 12." Amount increased. Burial expenses. SEC. 4. That section 11 of the Act entitled "An Act to provide compensation for employees of the United amended. States suffering injuries while in the performance of their duties, and for other purposes," is amended to read as follows: "SEC. 11. That if death results from the injury within six years the United States shall pay to the personal representative of the deceased employee funeral and burial expenses not to exceed $200, in the discretion of the commission. In the case of an employee whose home is within the United States, if his death occurs away from his home office or outside of the United States, and Allowances for funeral and burial expenses creased. in Time restriction. February 14, 1927. [S. 5499.] [Public, No. 619.] Vol. 44, p. 1097. River, Fla. of drainage area of, for flood con trol, etc. if so desired by his relatives, the body shall, in the discretion of the commission, be embalmed and transported in a hermetically sealed casket to the home of the employee. Such funeral and burial expenses shall not be paid and such transportation shall not be furnished where the death takes place more than one year after the cessation of disability resulting from such injury or, if there has been no disability preceding death, more than one year after the injury." Approved, February 12, 1927. CHAP. 137.-An Act Authorizing a survey of the Caloosahatchee River drainage area in Florida, and of Lake Okeechobee and certain territory bordering its shores in Florida. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Caloosahatchee That the Secretary of War be, and is hereby, authorized Survey directed and directed to cause a survey of the Caloosahatchee River drainage area in Florida and to determine what control works are necessary for navigation in connection with flood control and the cost thereof, and also a survey of Lake Okeechobee in Florida and certain territory Lake Okeecho- bordering its shores and from Lake Okeechobee to the Atlantic Ocean to determine what measures are necessary for flood control, such as additional diking and outlets, and further lowering of the levels of Lake Okeechobee. bee, for flood control. Amount author ized from rivers propriations. SEC. 2. The sum of $45,000, or so much thereof as may and harbors ap- be necessary, is hereby authorized to be expended out of any funds heretofore or hereafter appropriated for the improvement of rivers and harbors to carry out the provisions of this Act. February 23, 1927. ment appropriations. Approved, February 14, 1927. CHAP. 167.-An Act Making appropriations for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1928, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, War Depart That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the military and nonmilitary activities of the War Department for the fiscal year ending June 30, 1928, and for other purposes, namely: ties. Department TITLE I-MILITARY ACTIVITIES AND OTHER military activiEXPENSES OF THE WAR DEPARTMENT INCIDENT THERETO * OFFICE OF CHIEF OF ENGINEERS Salaries: For personal services in the District of Columbia in accordance with the Classification Act of 1923, $116,820. Draftsmen, etc., payable from The services of skilled draftsmen, civil engineers, and such other services as the Secretary of War may deem other approprianecessary may be employed only in the office of the Chief tions. of Engineers, to carry into effect the various appropriations for rivers and harbors, surveys, preparation for and the consideration of river and harbor estimates and bills, fortifications, engineer equipment of troops, engineer operations in the field, and other military purposes, to be paid from such appropriations: Provided, That the expenditures on this account for the fiscal year 1928 etc. shall not exceed $140,000; the Secretary of War shall each year, in the Budget, report to Congress the number of persons so employed, their duties and the amount paid to each. * Promiso. tivities. TITLE II.-NONMILITARY ACTIVITIES OF THE Nonmilitary acWAR DEPARTMENT For watchmen for the care of the monument and dock at Wakefield, Virginia, the birthplace of Washington, $720. For improvement and maintenance of reservation and monument at Wakefield, Virginia, the birthplace of Washington, $3,480. CALIFORNIA DÉBRIS COMMISSION For defraying the expenses of the commission in carrying on the work authorized by the Act approved March 1, 1893, $15,000. CONSTRUCTION AND MAINTENANCE OF ROADS, BRIDGES, Roads, bridges, trails, etc., in. Construction expenses, etc., unsioners. Vol. 34, p. 192. For the construction, repair, and maintenance of roads, tramways, ferries, bridges, and trails, Territory of Alaska, to be expended under the direction of the Board der road commisof Road Commissioners described in section 2 of an Act entitled "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the District of Alaska, and for other pur Juneau. Construction of wharf at. Public Laws, 1st sess., p. 676. Rivers and har bors. Appropriations poses," approved January 27, 1905, as amended by the Act approved May 14, 1906, and to be expended conformably to the provisions of said Act as amended, $1,000,000, to be immediately available, and to include $1,000 compensation to the president of the Board of Road Commissioners for Alaska, in addition to his regular pay and allowances. For every expenditure requisite for and incident to the construction of a Government wharf at Juneau, Alaska, as authorized by the public resolution entitled "Joint resolution authorizing the construction of a Government dock or wharf at Juneau, Alaska," approved May 28, 1926, $22,500. RIVERS AND HARBORS To be immediately available and to be expended immediately under the direction of the Secretary of War and the supervision of the Chief of Engineers: available. Preserving, constructing, etc.. au Boundary w8 For the preservation and maintenance of existing thorized projects. river and harbor works, and for the prosecution of such projects heretofore authorized as may be most desirable in the interests of commerce and navigation; for survey of northern and northwestern lakes, Lake of the Woods, and other boundary and connecting waters between the ters, etc., surveys. said lake and Lake Superior, Lake Champlain, and the natural navigable waters embraced in the navigation system of the New York canals, including all necessary expenses for preparing, correcting, extending, printing, binding, and issuing charts and bulletins and of investiNew York Har gating lake levels with a view to their regulation; and for the prevention of obstructive and injurious deposits. within the harbor and adjacent waters of New York City, for pay of inspectors, deputy inspectors, crews, and office force, and for maintenance of patrol fleet and expenses of office, $50,000,000. bor deposits. Operating, etc., works at Dam No. 2, River. For examinations, surveys, and contingencies of rivers. and harbors for which there may be no special appropriation, $150,000: Provided, That no part of this sum shall be expended for any preliminary examination, survey, project, or estimate not authorized by law. MUSCLE SHOALS For operating, maintaining, and keeping in repair the 2. Tennessee Works at Dam Numbered 2, Tennessee River, including the hydroelectrical development, $300,000, to remain available until June 30, 1928, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers. Flood control. Mississippi River. FLOOD CONTROL Flood control, Mississippi River: For prosecuting work of flood control in accordance with the provisions Vol. 39, p. 948; of the Flood Control Acts approved March 1, 1917, Vol. 42, p. 1505. at Riprapping etc., Vicksburg, Miss. and March 4, 1923, $10,000,000, of which not to exceed Sacramento Vol. 39, p. 948. Flood control, Sacramento River, California: For prosecuting work of flood control in accordance with the River, Calif. provisions of the Flood Control Act, approved March 1, 1917, $400,000. * CHAP. 171.-An Act Providing for the cession to the State of Virginia of sovereignty over a tract of land located at Battery Cove, near Alexandria, Virginia. February 23, 1927. District of Co Made land at ginia. River, Provisos. Other made land quished. not relin Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the District of Co- lumbia. lumbia situated on the Virginia side of the Potomac Battery Cove on River at Alexandria, Virginia, lying and being between Potomac near Alexandria, a line drawn from Jones Point, at low-water mark, to Va., ceded to VirPoint Lumley, now Pioneer Mills, at low-water mark, and high-water mark on the Virginia shore of the Potomac River at Alexandria, containing an area of forty-six and fifty-seven one-hundredths acres of made land, more or less, be, and the same is hereby, ceded to and declared to be within the territorial boundaries, jurisdiction, and sovereignty of the State of Virginia: Provided, however, That this Act shall not be construed to waive or relinquish the title of the United States to the fee of the fortysix and fifty-seven one-hundredths acres of made land in Battery Cove nor as relinquishing or in any manner affecting the power of Congress to exercise exclusive legislation over the said area so long as the same remains in the ownership and possession of the United States: And provided further, That this Act shall not be construed to affect, impair, surrender, waive, or defeat any claim, right, or remedy, either at law or in equity, of the United States against the Virginia Shipbuilding Corporation for or on account of any debt or obligation of said company to the United States, or that hereafter may be ascertained to be due by said company to the United States, by any court of competent jurisdiction of the parties and of the subject matter in any suit now pending or that may hereafter be instituted by the United States against the Virginia Shipbuilding Corporation. Approved, February 23, 1927. virginia Shipbuilding Com-. No claim against pany waived, etc. |