to a third party & permanent property therein. 54, 423, July, 1892. Held that where such a municipality had not been empowered to convey a right of way outside its corporate limits, the conveyance should be made directly to the United States from the individual owners of the land, and that for the latter to convey, mediately, to the city would be an unnecessary proceeding. 29, 68, 69, December, 1888. 2268. Without express authority from Congress, the Secretary of War cannot grant to railway companies rights of way over the lands of the United States under his control, but he has frequently by revocable license granted permission to lay and maintain railway tracks upon such government lands. Cards 241, August, 1894; 6539, June, 1899. RIVER COMMISSIONS. 2269. Held that the maps prepared by the Mississippi commission, under appropriations by Congress, may legally be disposed of at the discretion of the commission; it being evidently intended by Congress that the information therein contained should be made public and circulated for the public use and benefit. 33, 326, July, 1889. 2270. Held that the Mississippi River Commission derived no authority from the statutes relating to its functions to make allotments of the moneys appropriated by Congress for the improvements proposed. Its province is to indicate to Congress what improvements are needed and how much should be appropriated therefor. It has no authority to disburse money appropriated. An allotment made by it is to be treated by the Secretary of War as a recommendation only. The Secretary may adopt the recommendation, but in the disbursement should not omit any of the works specially designated by Congress in the appropriation act. 43, 187, October, 1890. 2271. Held that the allowances for the traveling expenses of the civilian members of the Mississippi and Missouri river commissions were not regulated by any order of the War Department regulating the allowances of civil employees of the military establishment, but were such as are fixed by statute. They are not thus necessarily four dollars per diem, since the statute law provides for the reimbursement of their actual necessary outlay, which may be more or less than this allowance. 44, 477, January, 1891. 2272. The duties, under the law, of the Missouri River Commission, composed partly of civilians, relate exclusively to certain work quite other than the establishing of harbor lines. It is therefore not, as a body, subject to the directions of the Secretary of War in the matter of establishing harbor lines, nor are the civilian members subject individually to his orders. Thus, while they may consent to establish such lines, it is preferable for the Secretary to cause such work to be done through engineer officers of the army. 56, 218, October, 1892. S. SALE, &c., OF ARMS, &c., BY SOLDIERS. 2273. Held that the provisions of s. 23, c. 75, act of March 3, 1863, prohibiting the sale, &c., of their arms, &c., by soldiers, and declaring that no right of property or possession should be acquired thereby, &c., were not limited in their operation to the period of the civil war, but were still in force,' and that an officer of the army would therefore be authorized to seize arms, &c., disposed of contrary to such prohibition, whenever and wherever found. XXII, 525, December, 1866. But inasmuch as there have been sundry authorized sales of arms and other ordnance stores since the end of that war, advised that officers, before making seizures, should assure themselves that the parties in possession have not acquired title in a legal manner. XXIX, 187, 204, August, 1869. 2274. A person who illegally purchases army clothing from a soldier cannot now be proceeded against for merely purchasing or receiving, under the existing law (Secs. 1242 and 3748, Rev. Sts.); but if, in so purchasing, he aids a soldier to desert, he is subject to trial and punishment under Sec. 5455, Rev. Sts. 60, 371, July, 1893. 2275. Sec. 3748, Rev. Sts., provides that clothing furnished by the United States to a soldier shall not be bartered, exchanged, pledged, loaned or given away, and that no person not a soldier or officer of the United States who has possession of any such clothing so furnished. and which has been the subject of such sale, barter, etc., shall have any right, title or interest therein, but that the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be delivered to any quartermaster or other officer authorized to receive the same, that the possession by a civilian of clothing, etc., furnished to a soldier shall be presumptive evidence of the sale, barter, exchange, etc. The language of this statute indicates that a summary seizure is intended to be authorized and the fact that the military officer is authorized to seize the property shows that no writ or other process of the courts is required. But while the power to summarily make the seizure exists, the officer authorized to take possession of the property may also assert his rights through the courts, and this latter course may be in many cases the preferable and better one. Card 5303, November, 1898. See these provisions as now incorporated in the Revised Statutes, in Secs. 1242 and 3748. The further provision of the original Act making punishable with fine and imprisonment persons purchasing from soldiers their arms, equipments, clothing, &c., has not been retained in the Revised Statutes. 2276. A soldier's title to clothing issued him is a qualified one, requiring that he use it in the service while it is serviceable and he is yet a soldier. But on his discharge his title to such clothing becomes absolute and he may then sell, etc., the same to a civilian and give a valid title to it. Held, therefore, that Sec. 3748, Rev. Sts., did not apply in the case of such sale, barter, etc., by a discharged soldier. Card 5303, November, 1898. SALE OF CONDEMNED STORES. 2277. In view of the general authority vested in the President and Secretary of War by the provision, in regard to the sale of military stores damaged or unsuitable for the public service, of the act of March 3, 1825 (now contained in Sec. 1241, Rev. Sts.), held that such stores might legally be sold on credit, if such mode of disposition was deemed for the public interest. XXIX, 330, October, 1869. 2278. Held that an officer of the army, duly charged with the duty of making a sale of damaged, &c., medical supplies under the authority of Sec. 1241, Rev. Sts. (by which the President is empowered to order such sales in certain cases), could not lawfully be required to take out and pay for a license as a merchant under the laws of the State in which the sale was to be made. Such a requirement would be a restriction upon the regular and legal execution of the powers of the general government, and therefore beyond the authority of a State. XXXIX, 6, May, 1876. 2279. The word "unsuitable," as used in Sec. 1241, Rev. Sts., evidently refers to some unfitness for use other than that caused by being "damaged." Uniform clothing, for instance, of sizes that could not be used would be unsuitable. But held that the meaning of the word could not properly be restricted to things of a quality inferior to that which is required for the service. A thing may be unsuitable by reason of its being of such superior quality as not to be adaptable for the purpose for which it was intended. And held that military stores can not properly be deemed unsuitable under this statute for the sole reason that they are in excess of the quantity required for use.1 64, 218, March, 1894; Card 7796, March, 1900. 2280. Certain government property (a quantity of cord wood and a hay scale) was left on hand at a military post which had been abandoned. The property was no longer needed there and the expense of transporting it elsewhere would largely exceed its cost. Held, there 1 See Comptroller's opinion contra of December 4, 1900 (7 Comp. Dec., 260), which, however, cannot be regarded as having the weight of authority, inasmuch as the Comptroller, in rendering the opinion, was not acting within the jurisdiction conferred upon him by the act of July 31, 1894. fore, that it was "unsuitable for the public service" within the meaning of Sec. 1241 Rev. Sts. Card 8795, August, 1900. 2281. Held that under Sec. 1241, Rev. Sts., unserviceable tools and materials, which had been in use at a national cemetery, could not legally be ordered to be sold upon the mere inspection and report of their unserviceableness made by the superintendent of the cemetery, but that, as required in the section, there must be first an inspection "by an officer (i. e., commissioned officer) designated by the Secretary of War." LIV, 609, February, 1888. 2282. Old material, condemned stores, &c., in the departments can not legally be disposed of in exchange for new, or in part payment for new, articles, but, under Sec. 3618, Rev. Sts., must be sold, and the proceeds "covered into the Treasury as miscellaneous receipts." So held in regard to an inserviceable steam lithographic press in the Signal Office, which had been duly inspected and condemned.' LII, 316, June, 1887; 37, 204, December, 1889. 2283. Books for a post library purchased out of post exchange funds or donated to the library are not "public property" within the meaning of Sec. 3618, Rev. Sts. Proceeds from a sale of them may therefore legally be expended in the purchase of new books. Card 2649, September, 1896. 2284. Held that a non-commissioned officer, who acted as auctioneer at a public sale of condemned quartermaster stores, could not legally be paid, out of the proceeds of the sale, a commission of ten per cent, or any other commission or compensation, for his services as auctioneer. The pay and allowances of all enlisted men are fixed by law, and, in the absence of any authority in the statute providing for such sales or other statutory provision, such a compensation must necessarily be without legal sanction. 60, 363, July, 1893; 62, 95, October, 1893. (See § 1336, ante.) But held that a civilian employee hired by the Quartermaster's Department, under the provision for "hire of teamsters and other employees" in the appropriation for "transportation of the army and its supplies," whose pay is not fixed by “law or regulations," may legally be paid for services as an auctioneer at a public sale of condemned quartermaster property. Cards 2567, September, 1896; 6988, September, 1899. 2285. Section 1241, Revised Statutes, provides: "The President may cause to be sold any military stores which, upon proper inspection or survey, appear to be damaged or unsuitable for public service. Such inspection or surveys shall be made by officers designated by the Secretary of War, and the sales shall be made under regulations pre1 Compare a similar case in 15 Opins. At. Gen. 322. scribed by him." Held, that before a sale can be made under this statute, the property must be inspected and pronounced unsuitable for public service, and the regulations (A. R. 679 of 1895) require the sale to be at public auction. Cards 965, February, 1895; 2127, March, 1896; 8184, May, 1900; 8668, 8675, July, 1900; 8716, August, 1900. 2286. Par. 679, A. R. of 1895 (761 of 1901), relates only to public property in the custody of the military establishment and not to property held by the War Department proper, which is a civil establishment. So held, that the regulation did not apply to public property for which the Chief of the Supply Division of the War Department is responsible. Card 3774, January, 1898. SALE OF INTOXICANTS. 2287. The act of June 13, 1890, c. 423, provides "that no alcoholic liquors, beer or wine, shall be sold or supplied to the enlisted men in any canteen, or post trader's store, or in any room or building at any garrison or military post, in any State or Territory in which the sale of alcoholic liquors, beer, or wine, is prohibited by law." This act applies to all posts, whether or not on military or Indian reservations. It is also applicable to counties in which under a legal "local option law" the sale of intoxicants is prohibited. Card 4785, August, 1898. It is operative in North Dakota, a State in which the sale of such liquors is "prohibited by law." Under the act of July 23, 1892, c. 234, amending Sec. 2139, Rev. Sts., the Secretary of War may give authority in writing for the introduction of intoxicating liquors into the Indian country. But this authority is subject to the restriction of the existing act of June 13, 1890, so that the Secretary could not properly permit the introduction of such liquors into Indian country within a prohibition State with a view to their being sold or supplied to enlisted Where certain "Hop Tea Tonic," alleged to be intoxicating, was attempted to be introduced at the post of Fort Yates, situated upon an Indian reservation in North Dakota, exclusive jurisdiction. over which is vested in the United States, held that the admission or sale of such liquor, if intoxicating, would be an offence against the United States, not against the State, since the act of August 8, 1890, providing that intoxicating liquor shipped into a State shall be subject to the operation of the State laws as soon as it enters the territory of the State, can not apply to a district over which the United States has exclusive jurisdiction, and therefore that the State authorities would not be empowered to make a seizure of such liquor. 62, 405, November, 1893. men. 2288. The act of June 13, 1890, forbids the sale of intoxicants to |