which appointed receiver, only by intervention in that court and by its order. Macdonald v. Etna Indemnity Co. (Conn.) 105 A. 470. 47. Priority.-Prior to the enactment of this section, the government had in its contracts recognized an obligation to secure the payment of such claims, and that obligation still exists, notwithstanding the protection afforded by the statute, and entitles such claimants to a preference in equity, as against general creditors of the contractor, to the fund received from the Hardware government. Belknap & Mfg. Co. v. Ohio River Contract Co. (C. C. A. Ky.) 271 F. 144. A contract between the United States and a contractor, requiring the contractor to pay all liabilities incurred in the prosecution of the work for labor and material, and providing for payments to be made in conformity to the specifications, which authorized the 10 per cent. deduction from estimated work, does not affect, one way or the other, the equitable right of laborers and materialmen to payment from the funds due the contractor in preference to his general creditors. Id. After the expiration of time within which, under this section, laborers and materialmen can sue on a contractor's bond, there is no equity against the sureties on the bond in favor of laborers and materialmen which would entitle the latter to preference in payment from a fund in the hands of the receiver of the contractor, as against creditors of the contractor who were also sureties on the bond. Belknap Hardware & Mfg. Co. v. Ohio River Contract Co. (D. C. Ky.) 264 F. 676. Cited without definite application, Warner v. Citizens' Naf. Bank (C. C. A. Okl.) 267 F. 661; Fischer v. Palmer (D. C. Pa.) 259 F. 355; Pratt Lumber Co. v. T. H. Gill Co. (D. C. N. C.) 278 F. 783; Fidelity & Deposit Co. v. N. O. Nelson Mfg. Co. (App. D. C.) 267 F. 746. § 6923a. (Act Aug. 25, 1919, c. 52.) Relief of certain contractors and sub-contractors for losses due to increased costs. The Secretary of the Treasury is hereby authorized and directed, under such regulations as he may prescribe, to receive fully itemized and verified claims and reimburse contractors and their subcontractors, including material men, for the construction, improvement, special repair, equipment, or furnishing of post offices and other buildings or work under the supervision of the Treasury Department (as well as the United States courthouse in the District of Columbia and the approaches and retaining wall to the Lincoln Memorial in the District of Columbia) whose contracts were awarded or whose bids as thereafter accepted were mailed or delivered to the proper governmental authority prior to the entrance of the United States into the war with Germany, to wit, April 6, 1917, and whose contracts have been or will be completed after said date, for loss due directly to increased costs thereafter arising, due either, first, to increased cost of labor or materials, or, second, to delay on account of the action of the United States Priority Board or other governmental activities, or, third, to commandeering by the United States Government of plants or materials shown to the Secretary of the Treasury to have been sustained by them in the fulfillment of such contracts by reason of war conditions alone: Provided, That any subcontractor may submit his claim through the contractor or to the Secretary of the Treasury. And the Secretary of the Treasury is hereby directed to submit from time to time estimates for appropriations to carry out the provisions of this Act: Provided further, That no claims for such reimbursement shall be paid unless filed with the Treasury Department within three months after the passage of this Act: And provided further, That in no case shall the contractor or subcontractor be reimbursed to an extent greater than is sufficient to cover his actual increased cost in fulfilling his contract or subcontract, exclusive of any and all profits to such contractor or subcontractor; nor shall such reimbursement include any advances or payments made by the sureties of such contractor or subcontractor in executing the work, but the surety on any contract coming within the provisions of this Act who, as surety, has completed, or may complete, the work of any defaulting contractor on any such contract, or who has furnished financial assistance to a failing contractor on any such contract whereby such contractor has been enabled to complete such contract, may file claim, within the period hereinbefore fixed, and be reimbursed in the manner hereinbefore provided for the increased cost due to the causes hereinbefore specified of the labor and material supplied in so completing any such contract, or for the increased cost of the labor and material paid for from funds so furnished by such surety: And provided further, That the Secretary of the Treasury shall report to Congress at the beginning of each session thereof the amount of each expenditure and the facts on which the same is based. (41 Stat. 281.) This is an act entitled "An act for the relief of contractors and subcontractors for the post offices and other buildings and work under the supervision of the Treasury Department, and for other purposes," cited above. § 6923b. (Act March 6, 1920, c. 94, § 1.) Same; payments. * Relief of contractors: Toward the amount necessary for the payment of claims of contractors, and so forth, arising under the Act entitled "An Act for the relief of contractors and subcontractors for the post offices and other buildings and work under the supervision of the Treasury Department, and for other purposes," approved August 25, 1919, Provided, That the Secretary of the Treasury is authorized to make partial payments of any claim payable under said Act, and to make payment of any and all loss and expense (exclusive of profits) incurred by a contractor or subcontractor in fulfilling his contract or subcontract with the Treasury Department in excess of the amount which such contractor or subcontractor may receive under the terms of his contract or subcontract, if such loss and expense were, in the opinion of the Secretary of the Treasury, due to war conditions. (41 Stat. 507.) This section is a part of the deficiency appropriation act for the year 1920, and prior years, cited above. § 6933c. (Act July 8, 1918, c. 139, § 1.) Requisition of buildings in District of Columbia by Secretary of War. Cited without definite application, U. S. v. Pfitsch, 41 S. Ct. 569, 256 U. S. 547, 65 L. Ed. 1084. § 6937a. (Act Feb. 17, 1922, c. 55.) Old furniture to be used. All furniture now owned by the United States in other public buildings or in buildings rented by the United States shall be used, so far as practicable, whether it corresponds with the present regulation plan for furniture or not. (42 Stat. 387.) From the Treasury Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts. (2151) Sec. TITLE XLIV-THE PUBLIC PROPERTY 6941aa. Sale of war supplies. 6941b. Transfer of ammunition. computing machines trans- 6941ddd. Repairs to typewriting ma- 6941e. Sale of machine tools to trade, 6941f. Transfer of motor-propelled vehicles and equipment belonging to Military Establishment to Department of Agriculture, Post Office Department and Treasury Department; purposes of. Sec. 6941g. Transfer to Department of Agriculture of certain war material, equipment, and supplies for improvement of highways and roads. 6941h. Transfer of telephone supplies to Department of Agriculture for use of Forest Service. 6941i. Freight charges on property transferred; payment by States for property received. 6941j. Title to property transferred to States. 6941k. Act July 16, 1914, c. 141, § 5, not applicable. 6941kk. Loan to states of tractors not 69411. Sale of nitrate of soda. for Metropolitan 6941p. Sale of material, supplies, or equipment of Military Establishment to States or Foreign Governments. 6941pp. Sale of food stuffs to foreign States or Governments. 6944. Secretary of War may lease public property not required for public use. § 6941aa. (Act July 9, 1918, c. 143, repealed in part, Act Feb. 25, 1919, c. 39, § 3.) Sale of war supplies. Cited without definite application, 31 Op. Atty. Gen. 457. § 6941aaa. (Act July 11, 1919, c. 8, subchapter II.) Sale or lease of real property acquired for army storage purposes. The President is hereby authorized, through the head of any executive department, upon terms and conditions considered advisable by him or such head of department, to sell or lease real property or any interest therein or appurtenant thereto acquired by the United States of America since April 6, 1917, for storage purposes. for the use of the Army, which in the judgment of the President or the head of such department is no longer needed for use by the United States of America, and to execute and deliver in the name of the United States and in its behalf any and all contracts, conveyances, or other instruments necessary to effectuate any such sale or lease. (41 Stat. 129.) This section, and the section next following, are a part of the army appropriation act, for the fiscal year 1920, cited above. § 6941aaaa. (Act July 11, 1919, c. 8, subchapter II.) Same; disposition of proceeds. All moneys received by the United States as the proceeds of any such sale or lease shall be deposited in the Treasury of the United States to the credit of "Miscellaneous receipts" and a full report of the same shall be submitted annually to Congress. (41 Stat. 130.) See note to § 6941aaa, ante. § 6941b. (Act July 11, 1919, c. 8, subchapter IV.) Transfer of ammunition. That the Secretary of War be, and he is hereby, authorized to turn over on request from other executive departments of the Government, in his discretion, from time to time, without charge therefor, such ammunition, explosives, and other ammunition components as may prove to be or shall become surplus or unsuitable for the purposes of the War Department and as shall be suitable for use in the proper activities of other executive departments. (41 Stat. 130.) This section is a part of the army appropriation act for the fiscal year 1920, cited above. § 6941bb. (Act July 19, 1919, c. 24, § 1.) Transfer of explosives to Interior Department. The Secretary of War is authorized to transfer, without charge, to the Secretary of the Interior for use of the Interior Department, explosives and explosive material for which the War Department has no further use. (41 Stat. 193.) This section is a provision of the sundry civil appropriation act for the fiscal year 1920, cited above. § 6941c. (Act July 11, 1919, c. 8.) Sale of surplus motor trucks and automobiles. In addition to the delivery of the property heretofore authorized, to be delivered to the Public Health Service, the Department of Agriculture and the Post Office Department of the Government, the Secretary of War be, and he is hereby, authorized to sell any surplus supplies including motor trucks and automobiles now owned by and in the possession of the Government for the use of the War Department to any State or municipal subdivision thereof, or to any corporation or individual upon such terms as may be deemed best. (41 Stat. 105.) This section is a provision of the army appropriation act for the fiscal year 1920, cited above. § 6941d. (Act July 11, 1919, c. 6, § 5.) Purchase of material and supplies from Government services. The heads of the several executive departments and other responsible officials, in expending appropriations contained in this or any other Act, so far as possible shall purchase material, supplies, and equipment, when needed and funds are available, from other services of the Government possessing material, supplies, and equipment no longer required because of the cessation of war activities. It shall be the duty of the heads of the several executive departments and other officials, before purchasing any of the articles described herein, to ascertain from the other services of the Government whether they have articles of the character described that are serviceable. And articles purchased by one service from another, if the same have not been used, shall be paid for at a reasonable price not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage. The various services of the Government are authorized to sell such articles under the conditions specified, and the proceeds of such sales shall be covered into the Treasury as a miscellaneous receipt: Provided, That this section shall not be construed to amend, alter, or repeal the Executive order of December 3, 1918, concerning the transfer of office material, supplies, and equipment in the District of Colum bia falling into disuse because of the cessation of war activities. (41 Stat. 67.) This section is § 5 of the deficiency appropriation act for the fiscal year 1919, and prior years, cited above. The provisions of this section are repeated in § 3 of the sundry civil appropriation act for the fiscal year 1920, Act July 19, 1919, c. 24, § 3, 41 Stat. 232, without the words "or any other act." Section 7 of the District of Columbia appropriation act for the fiscal year 1920, Act July 11, 1919, c. 7, § 7, 41 Stat. 103, also contains provisions similar to those of this section, as follows: "The commissioners and other responsible officials, in expending appropriations contained in this Act, so far as possible shall purchase material, supplies, including food supplies, and equipment, when needed and funds are available, from the various services of the Government of the United States possessing material, supplies, and equipment no longer required because of the cessation of war activities. It shall be the duty of the commissioners and other officials, before purchasing any of the articles described herein, to ascertain from the Government of the United States whether it has articles of the character described that are serviceable. And articles purchased from the Government, if the same have not been used, shall be paid for at a reasonable price not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage. The various services of the Government of the United States are authorized to sell such articles to the municipal government under the conditions specified and the proceeds of such sales shall be covered into the Treasury as a miscellaneous receipt: Provided, That this section shall not be construed to amend, alter, or repeal the Executive order of December 3, 1918, concerning the transfer of office material, supplies, and equipment in the District of Columbia falling into disuse because of the cessation of war activities. "In every case where any material, supplies, including food supplies, and equipment coming under the provisions of this section shall have been purchased from any other source than the various services of the Government, it shall be affirmatively shown that the provisions of this section have as far as possible been complied with." The War Department appropriation act for the year 1923, Act June 30, 1922, c. 253, title I, 42 Stat. 717, provides as follows: "None of the funds appropriated in this Act shall be used for the payment of expenses connected with the transfer of surplus property of the War Department to any other activity of the Government where the articles or lots of articles to be transferred are located at any place at which the total surplus quantities of the same commodity are so small that their transfer would not, in the opinion of the Secretary of War, be economical." The District of Columbia appropriation act for the year 1923, act June 29, 1922, c. 249, § 6, 42 Stat. 712, reads as follows: "The commissioners and other responsible officials, in expending appropriations contained in this Act, so far as possible, shall purchase material, supplies, including food supplies and equipment, when needed and funds are available, from the various services of the Government of the United States possessing material, supplies, passenger-carrying and other motor vehicles, and equipment no longer required because of the cessation of war activities. It shall be the duty of the commissioners and other officials, before purchasing any of the articles described herein, to ascertain from the Government of the United States whether it has articles of the character described that are serviceable. And articles purchased from the Government, if the same have not been used, shall be paid for at a reasonable price, not to exceed actual cost, and if the same have been used, at a reasonable price based upon length of usage. The various services of the Government of the United States are authorized to sell such articles to the municipal government under the conditions specified and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts: Provided, That this section shall not be construed to amend, alter, or repeal the Executive order of December 3, 1918, concerning the transfer of office materials, supplies, and equipment in the District of Columbia falling into disuse because of the cessation of war activities." § 6941dd. (Act Feb. 17, 1922, c. 55.) Disposition of typewriters and computing machines transferred to General Supply Committee. Typewriters and computing machines transferred to the General Supply Committee as surplus, where such machines have become unfit for further use, may, in the discretion of the Secretary of the Treasury, be issued to other Government departments and |