after the passage of the act is not defeated by action of the Government in canceling the entry, for sufficient reasons, independently of the relinquishment. (Fred E. Hargis, departmental decision January 21, 1926, 51 L. D. 329.)

The act of February 21, 1925, is applicable only to public lands and does not authorize refund of charges paid on a water-right application for the irrigaion of land in private ownership. (Lawrence W. Crehore, 51 L. D. 345.)

Error in wording. The word "after" in the following clause of section 2, act of February 21, 1925-" who no longer retains such entry because of cancellation by, or relinquishment to the United States after "-is meaningless, was inadvertently retained in the process of legislation, and should be ignored. (Fred E. Hargis, 51 L. D. 329, supra.)

Regulations. For regulations approved by the department under this act see C. L. 1400, April 17, 1925.

Sec. 3. [Benefits accruing to estates of veterans-Relinquishment of rights on acceptance of refund.]—(a) The estate of a veteran shall be entitled to the benefits of this act in any case where the veteran, if living, could have availed himself of such benefits. Application for such benefits shall be made by, and payments thereof shall be made to, the executor or administrator of such estate.

(b) A veteran (or his estate) accepting in respect of any farm unit the benefits of this act, shall be deemed thereby to have relinquished, in accordance with regulations prescribed by the Secretary of the Interior, all right, title, or interest of such veteran (or estate) in such farm unit and any improvements thereon. (43 Stat. 956.)

Sec. 4. [Cancellation of water rights.]-The Secretary of the Interior is authorized to cancel any application for permanent water right for any farm unit in respect of which a veteran (or his estate) has received the benefits of this act, and to terminate all rights and liabilities of such veteran (or estate) in respect of such application. (43 Stat. 957.)

Sec. 5. [Regulations by Secretary of Interior.]-The Secretary of the Interior is authorized to make such regulations as he deems necessary to execute the functions imposed upon him by this act. (43

THE YUMA MESA

Joint resolution to authorize the appropriation of certain amounts for the Yuma irrigation project, Arizona, and for other purposes. (Pub. Res. No. 51, February 21, 1925, 43 Stat. 962)

[Sec. 1. Amounts authorized to furnish water-Moneys received to be covered into reclamation fund-Installment payments-Existing contracts to conform to payments.]-That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000, to be paid out of the reclamation fund established by the act of June 17, 1902 (Thirty-second Statutes, page 388), for operation and maintenance and completion of construction of the irrigation system required to furnish water to all of the irrigable lands in part 1 of the Mesa division, otherwise known as the first Mesa unit of the Yuma auxiliary project, authorized by the act of January 25, 1917 (Thirty-ninth Statutes, page 868), as amended by the act of February 11, 1918 (Fortieth Statutes, page 437): Provided, That all moneys received by the United States in payment of land and water rights in said part 1 of the Mesa division, beginning one year from the date this act becomes effective, shall be covered into the reclamation fund until the sum advanced from said fund hereunder is fully paid: Provided further, That the purchase price of land and water rights hereafter sold in said part 1 of the Mesa division shall be paid to the United States in ten equal installments, the first of which shall be due and payable at the date of purchase, and the remaining installments annually thereafter, with interest on deferred installments at the rate of 6 per centum per annum, payable annually; and the Secretary of the Interior is authorized, at any time within one year from the date this act becomes effective, to amend any existing uncompleted contract for the purchase of land and water rights so that the aggregate amount of principal and interest remaining unpaid under such contract may be paid in ten equal installments in accordance with the conditions of this proviso, beginning with the date of amendatory contract: And provided further, That land and water rights in said part 1 of the Mesa division heretofore or hereafter offered at public sale under said act of January 25, 1917, and not disposed of at such public sale may be sold later at private sale at not less than $25 per acre for the land and at $200 per acre for the water right. (43 Stat. 962.)

EXCHANGE OF LANDS, NORTH PLATTE PROJECT

An act providing for an exchange of lands between Anton Hiersche and the United States in connection with the North Platte Federal irrigation project. (Act February 25, 1925, ch. 325, 43 Stat. 980.)

[Sec. 1. Exchange of lands with Anton Hiersche-Release of damages to lands conveyed-Removal of improvements-Conditions in patent.]— That upon proper execution and delivery by Anton Hiersche of a deed conveying to the United States, its successors and assigns, a good, merchantable title in fee, free of incumbrance, to certain lands needed by the United States for reservoir purposes in connection with the North Platte Federal irrigation project in Nebraska and Wyoming, to wit: The northeast quarter; north half of the northwest quarter; southeast quarter of the northwest quarter; north half of the southeast quarter and southeast quarter southeast quarter of section 16, township 23 north, range 54 west, sixth principal meridian, Nebraska; then in exchange for such lands so conveyed the usual patent shall be issued by the United States to Anton Hiersche, conveying to him the following-described lands: The northeast quarter of the northeast quarter; south half of the northwest quarter of the northeast quarter; south half of the northeast quarter; south half of the north half of the northwest quarter; south half of the northwest quarter; and the southeast quarter of section 22; and the southeast quarter of the northeast quarter; and the east half of the southeast quarter of section 15, all in township 23 north, range 54 west, sixth principal meridian, Nebraska, excepting therefrom rights of way thereon for ditches or canals constructed by authority of the United States: Provided, That said deed to the United States shall release the United States from all damages to said lands in section 16 suffered by said grantor Anton Hiersche on account of the construction, operation, and maintenance of the said irrigation project: Provided further, That said grantor shall be permitted within a period of six months after the date of said deed. to remove his improvements from said land in section 16: Provided further, That the patent from the United States shall contain language (a) by which the United States shall be released from all claims for damages to said land in section 22 by seepage from existing or proposed reservoirs constructed or to be constructed in connection with said irrigation project, and (b) by which the title of the grantee shall be held subject to a lien in favor of the United States to secure the payment of the project operation and maintenance and construction charges upon the irrigable area of the land patented hereunder. (43 Stat. 980.)

SPECIAL PROVISIONS OF INTERIOR DEPARTMENT APPROPRIATION ACT, 1926

[Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1926, and for other purposes. (Act March 3, 1925, ch. 462, 43 Stat. 1141)

[Contingent expenses-Consolidated library.]-For the purchase or exchange of professional and scientific books, law books, and books to complete broken sets, periodicals, directories and other books of reference relating to the business of the department by the several offices and bureaus of the Interior Department herein named, to be available for a common library for the joint use of the several offices and bureaus named, there is hereby made available from any appropriations made for such bureau or office not to exceed the following respective sums: Bureau of Reclamation, $1,500 * * *

(43 Stat. 1142.)

* * *

Limitation on use of appropriation. The appropriation in question may be used only for the purchase of books to be available for the joint use of all the bureaus and offices concerned by being placed in a common library. (Comp. Gen. Dec., August 5, 1925. MS-A-10577.)

The appropriation for the purchase or exchange of law books, books of reference, etc., is not authority for entering into contracts under which the Government would be obligated at the time of receiving the book, etc., to exchange it at a future date at a nominal price fixed by the dealers. Subscriping to or leasing atlases for a fixed period payable in advance is not authorized. (6 Comp. Gen. 157.)

The sundry civil appropriation act of March 15, 1898 (30 Stat. 277), carried the following provision:

"SEC. 3. That hereafter law books, books of reference, and periodicals for use of any executive department, or other Government establishment not under an executive department, at the seat of government, shall not be purchased or paid for from any appropriation made for contingent expenses or for any specific or general purpose unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation." (30 Stat. 316.) Purchase of books for field offices not limited by annual appropriations. On July 2, 1920, the comptroller decided that this prohibition has no direct application to purchases for field service, but applies only to purchases for use of an executive department or other Government establishment at the seat of government, Washington, D. C. It follows that purchases of law books, books of reference, and periodicals for use of the Reclamation Service, Bureau of Reclamation, in its field officers are not limited to the specific appropriation for these articles made annually in the sundry civil acts. (See p. 382, Reclamation Record for August, 1920, or C. L. 922, August 7, 1920.) But see subsequent annual appropriation acts which limit the total sum that may be expended.

[Maintenance of headquarters outside District of Columbia except for office of chief engineer prohibited.]—Provided, That no part of said appropriations may be used for maintenance of headquarters for the Bureau of Reclamation outside the District of Columbia except for the office of the chief engineer * (43 Stat. 1166.)

*

NOTES

An identical provision is carried in the appropriation act of May 10, 1926 (44 Stat. 453); also in the appropriation act of January 12, 1927 (Pub. No. 541).

[Sun River project-Contracts for payments-No extension until Montana assumes development-State funds-Charges payable in advance.]— Sun River project, Montana: For operation and maintenance, continuation of construction, and incidental operations, $611,000: Provided, That no part of this appropriation shall be used for construction purposes until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or with irrigation districts organized under State law, providing for payment by the district or districts as hereinafter provided. The Secretary of the Interior shall by public notice announce the date when water is available under the project: Provided further, That no part of the sum hereby appropriated shall be expended for the construction of new canals or for the extension of the present canal system for the irrigation of lands outside of the forty thousand acres for the irrigation of which a canal system is now provided, until a contract or contracts shall have been executed between the United States and the State of Montana, whereby the State shall assume the duty and responsibility of promoting the development and settlement of the project after completion, securing, selecting, and financing of settlers to enable the purchase of the required livestock, equipment, and supplies and the improvement of the lands to render them habitable and productive. The State shall provide the funds necessary for this purpose and shall conduct operations in a manner satisfactory to the Secretary of the Interior: Provided further, That the operation and maintenance charges on account of land in this project shall be paid annually in advance not later than March 1, no charge being made for operation and maintenance for the first year after said public notice. It shall be the duty of the Secretary of the Interior to give such public notice when water is actually available for such lands. (43 Stat. 1166.)

[North Platte project-Balance available-Power plant and revenues applied to construction costs.]-North Platte project, Nebraska-Wyoming: For operation and maintenance, continuation of construction, and incidental operations, $510,000: Provided, That any unexpended balance of any appropriation available for the construction of the Guernsey Reservoir and incidental operations for the fiscal year 1925 shall remain available for such purposes during the fiscal year 1926: Provided further, That all net revenues from any power plant connected with this project shall be applied to the repayment of the construction costs incurred by the Government on this project until such obligations are fully repaid. (43 Stat. 1167.)

[Newlands project—Balance available-Use for drainage restricted.]— Newlands project, Nevada: For operation and maintenance, continuation of construction, and incidental operations, $167,000, together with the unexpended balance of the appropriation for this project for the fiscal year 1925, of which amount $245,000 shall be used for