NAVY-Continued. 5. Officers.-Permanent change of Station.-Construction of statute. The Attorney General in an opinion to the Secretary of the Navy, and the Court of Claims in Bullard v. United States, 66 Ct. Cls. 264, and numerous subsequent decisions, have held that an officer detached from duty and ordered to his home to await further orders has been ordered to make a permanent change of station within the meaning of Section 12 of the Act of May 18, 1920, 41 Stat. 604; and under the Court of Claims decisions, which the Department of Justice has determined should not be appealed, it is immaterial whether the station from which the officer is ordered is within or without the United States. The Comptroller General has held, on the contrary, that no permanent change of station is involved in case the officer is ordered from a station within the United States, and he has refused to accept the Court of Claims decisions as binding upon his office in such cases. 176. 6. Same.-Held, the Secretary of the Navy should accept the opinion of the Attorney General and the decisions of the Court of Claims as controlling in the administration of the statute, and should instruct his subordinates accordingly. 176. 7. Same.-Held, further, the Comptroller General is bound as a matter of law by the construction placed upon the statute by the Attorney General and the Court of Claims. 176. INTERCHANGE OF PRORPERTY BETWEEN ARMY AND NAVY. See PROPERTY, 1–5. TRANSFER OF TITLE IN "U. S. S. MEMPHIS". See SHIPPING, 6. NAVY DEPARTMENT. INTERCHANGE OF PROPERTY BETWEEN ARMY AND NAVY. See NAVY, SECRETARY OF. ADMINISTRATION OF STATUTE RELATING TO PERMANENT CHANGE NEVADA. STATUTE CEDING JURISDICTION OVER BUILDING SITE PUR- NORTHERN PACIFIC LAND GRANTS. PATENTS FOR LIEU LANDS. See LANDS, 4. NOTICE. DOCUEMNTS PUBLISHED IN FEDERAL REGISTER to Operate AS OCEAN MAIL SERVICE. 1. Authority of the Postmaster General with respect to certain contract for ocean-mail service.-The Postmaster General is not required to cancel the contract of June 9 1928 between the United States and the Munson Steamship Line, Inc., for ocean-mail service between New York and Buenos Aires because of the failure of the contractor to provide and operate OCEAN MAIL SERVICE-Continued. vessels in accordance with the contract but he may accept the service rendered and make suitable deductions from the amounts otherwise due and payable under the contract. 282. 2. Same. The question whether the test made to determine whether the vessel met the contract requirements is a question of fact which the Postmaster General must administratively determine, and upon which the right to make the above-mentioned deductions depends. 282. OFFICE OF HONOR, trust, OR PROFIT Under goverNMENT. OFFICER OF THE UNITED STATES. COMMISSIONER OF IMMIGRATION AND NATURALIZATION, APPOINT- SIONER. OFFICERS. See ARMY, 5-8; DISBURSING OFFICERS, 1-4; Navy, 5–7; PHILIPPINE ISLANDS, 5. OPTIONS ON LAND. FEDERAL SUBSISTENCE HOMESTEADS CORPORATION. See SUB- OSAGE INDIANS, OKLAHOMA. APPLICATION OF RELIEF ACT FOR PAYMENT OF TAXES, ETC., ON PANAMA CANAL ZONE. LEAVE OF ABSENCE. See LEAVE OF ABSENCE, 1, 2. PAPAGO TRIBE OF INDIANS. PARKS. EFFECT OF VOTE TO REJECT AN ACT OF CONGRESS RELATIVE DEDICATION OF LAND, PARKS, ETC. PATENTS. See LANDS, 1. 1. Inventions of Government Employees assigned to the Government. Right of United States to exclusive use.-When an invention is made by a Government employee under such circumstances that the invention is the property of the United States, it is customary procedure to have the patent covering the invention issue to the United States, as represented by a designated officer, upon assignment executed by the employee, either before or after the application is filed. 425. 2. Same. It is an established practice for the United States to acquire and hold patents and licenses under Government patents have heretofore been issued to private persons. The issuance of such licenses is consistent only with the view that there is no authority for private persons to use inventions covered by government-owned patents in the absence of license. 425. 144790°-37—vol. 38- 43 PATENTS-Continued. 3. Same.-If a proper case warranting such action should arise, the Government ought to undertake to maintain in the courts the exclusive right of the United States, under a duly acquired patent. 425. 4. Issuance to Government employees. In order that an application for a patent may be received and a patent granted, without payment of fees, under the Act of March 3, 1883, c. 143, 22 Stat. 603, as amended by the Act of April 30, 1928, c. 640, 45 Stat. 467, the invention covered by the application must have been made by an "officer, enlisted man, or employee of the Government, except officers and employees of the Patent Office." 402. 5. Same. Each applicant for a patent must be in the service of the United States and within one of the classes prescribed by the statute at the time the application for a patent is filed, or the right to file an application accrues in cases covered by proper contracts. 402. 6. Same. Fees.-The statutory waiver of fees is not affected by the fact that the applicant for a patent after filing his application in due compliance with the statute, dies or leaves the service of the Government before the patent is actually granted. 402. 7. Same. The statute contemplates and authorizes an agreement by the inventor, while in the service of the United States, that the invention may be manufactured and used by or for the Government, if patented, without payment of royalty, and the consideration therefor is the right to file and prosecute an application for a patent without payment of fees. 402. 8. Same. Such an agreement may be carried out and the inventor permitted to file and prosecute an application for a patent without payment of fees, notwithstanding that his services with the Government may be discontinued prior to the actual filing of the application. 402. 9. Same. Neither the letter nor the spirit of the law warrants any distinction based upon permanent or temporary status, or duration of service, so long as the individual is actually in the service of the United States when the invention is made and the necessary steps are taken to insure the application of the statute. 402. 10. Same.-Eligibility under the statute is dependent upon service as an existing fact, and not upon past service or possible future service. 402. REVOCABLE LICENSES, GRANT UNDER Government-Owned PATENTS TO LAND. NORTHERN PACIFIC RAILWAY Co. See LAnds, 4. PENAL INSTITUTIONS. TRANSFER OF DRUG ADDICTS TO NARCOTIC FARMS. See NAR- PENSIONS. See WORLD WAR VETERANS' ACT. PERSHING HALL. Expenditure of appropriation for settlement of indebtedness against Pershing Hall.-An assurance or commitment of the American Legion, Inc., to the effect that it will assume the duties of maintaining and perpetuating Pershing Hall, Paris, France, is not a condition precedent to the expenditure of the funds appropriated by the Act of August 12, 1935, c. 508, 49 Stat 571, for the settlement of the indebtedness against the said Hall. 459. PERSONAL PROPERTY. See PROPERTY, 1–5. PHILIPPINE INDEPENDENCE ACT. See PHILIPPINE ISLANDS, 4. PHILIPPINE ISLANDS. 1. Constitution.-The proposed constitution for the government of the Philippine Islands, as adopted by the Constitutional Convention, is in substantial conformity with the provisions of the act of March 24, 1934, 48 Stat. 456. 197. 2. Same. Certain differences between the provisions of the proposed constitution and the provisions of the act discussed and held to be immaterial. 197. 3. Designation of an acting United States High Commissioner to the Philippine Islands.-Neither the Act of March 24, 1934, 48 Stat. 456, providing for the independence of the Philippine Islands, nor section 179 of the Revised Statutes contains any authority for a proposed Executive order providing that in the event of a vacancy in the office of the United States High Commissioner to the Philippine Islands or the temporary disability of the High Commissioner, the Legal Adviser, or in his absence, the Financial Expert, shall perform the functions of the said office. 298. 4. Effect of the Philippine Independence Act on the provisions of the act of July 1, 1902.-The provisions of section 85 of the Act of July 1, 1902, relating to the designation in the Philippine Islands of depositories for public money of the United States have not been repealed by section 15 of the Philippine Independence Act of March 24, 1934. 385. 5. Election of officers for the Government of the Commonwealth of the Philippines.-The language of section 4 of the Act of March 24, 1934, 48 Stat. 458, requiring "a proclamation for the election of officers for the Government of the Commonwealth of the Philippine Islands provided for in the constitution" does not contemplate an election of provincial and municipal officers. 235. PIPE LINES. Granting of license for the construction of a gas pipe line.-The President may grant a license for the construction and maintenance of a pipe line under the Rio Grande for transportation of gas from gas fields in Texas to Monterrey, Mexico. 163. PLAYGROUNDS, ETC. DEDICATION OF LAND, LOW-COST HOUSING. See LANDS. POLICE. PROTECTION FOR SUBSISTENCE HOMESTEAD OCCUPANTS. See POLITICAL SUBDIVISIONS. IRRIGATION DISTRICTS. See IRRIGATION DISTRICTS. PORTS OF ENTRY. FOREIGN TRade Zones, ESTABLISHMENT. See FOREIGN Trade POSTAL SAVINGS ACT. DEPOSIT OF POSTAL SAVINGS FUNDS. See PHILIPPINE ISLANDS, 4. POSTAL SAVINGS SYSTEM. 1. Effect of certain provisions of the Banking Act of 1935 on the Postal Savings Act of June 25, 1910, as amended. The mandatory provision of section 2 of the amendment of May 18, 1916, to the Postal Savings Act, requiring postal savings funds to be deposited in member banks of the Federal Reserve System, provided such banks agree to pay interest at the rate of not less than 2% has been repealed by the Banking Act of 1935; and the Board of Trade of the Postal Savings System is now empowered in its discretion to deposit postal savings funds in member banks of the Federal Reserve System at such rate of interest as may be fixed by the Board of Governors. 389. 2. Same. The uniform-interest requirement of section 2 of the amendment of May 18, 1916, must be deemed repealed by the Banking Act of 1935; and the Board of Trustees of the Postal Savings System may, in its discretion, deposit postal savings funds in member banks of the Federal Reserve System at interest rates which vary in different localities. 389. 3. Same. The said Board of Trustees is not required to dispose of any part of its investments for the purpose of redepositing such funds in qualified banks. 389. 4. Same. Section 341 of the Banking Act of 1935 supplements section 7 of the Postal Savings Act as amended, with the result that no interest on postal savings deposits is payable in excess of the rate prescribed by the Board of Governors for payment by member banks on savings deposits; and the interest of 2% prevails except that whenever the interest rate prescribed by the Board of Governors is less than 2%, such lower rate shall be paid. 389. POSTAL SERVICE. See OCEAN MAIL SERVICE, 1. 2. |