Public Law 212.

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(/us/pl/74/211).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the SecretaryNome, Alaska.Conveyance of certain lands to, authorized. of the Treasury be, and he is hereby, authorized to convey to the city of Nome, Alaska, the following-described two parcels of land designated as tracts A and B, respectively, and forming part of the Nome (Alaska) Customhouse site: Beginning, for the description of tractDescription.

A, at stake numbered 1 or the original northwest corner of the reservation as described in Executive order dated April 16, 1907; running thence south seventy degrees east one hundred and fifty-two feet to stake numbered 2 or the original northeast corner of the reservation; thence south twenty-eight degrees fifteen minutes west two hundred and seventy feet, more or less, along the easterly boundary of said reservation, to its intersection with the northerly boundary of block K of the amended portion of the townsite of Nome, identical with the southerly boundary of Front Street, amended; thence north seventy degrees thirty-seven minutes west one hundred and two feet, more or less, along said southerly boundary of Front Street, amended, to its intersection with line 5–6 of said reservation; thence north fifty-seven degrees west thirteen feet, more or less, to stake numbered 6 of said reservation; thence north nineteen degrees twenty-one minutes east eight-seven feet, more or less, along the westerly boundary of said reservation to its intersection with the northerly boundary of Front Street, amended; thence south seventy degrees thirty-seven minutes east one hundred and eight feet, more or less, to the intersection of the northerly boundary of Front Street with the westerly boundary of Federal Way; thence north nineteen degrees twenty-three minutes east one hundred and fifty feet, to the intersection of the said westerly boundary of Federal Way with the southerly boundary of Second Avenue, amended; thence north seventy degrees thirty-seven minutes west one hundred and five feet, more or less, along the southerly boundary of Second Avenue, amended, to its intersection with the westerly boundary of the said Customhouse reservation; thence, along said boundary line, north twenty-three degrees fifty-seven minutes east thirty feet, more or less, to stake numbered 1 or the place of beginning; and, beginning for the description of tract B at stake numbered 3 or the original southeast corner of said customhouse reservation; thence north sixty-nine degrees west eighty-seven feet, to stake numbered 4or the original southwest corner of the reservation; thence north twenty-seven degrees twenty-five minutes east forty-seven feet, more or less, along line 4–5 of said reservation to its intersection with the northerly boundary of Seashore Avenue; thence south seventy degrees thirty-seven minutes east eighty-seven feet, more or less, along said northerly boundary of Seashore Avenue, to its intersection with line 2–3 of said reservation; thence south twenty-eight degrees fifteen minutes west fifty-one feet, more or less, to said stake numbered 3 or the place of beginning; and to convey to the owner of record of lot numbered 1, block K, of the amended portion of the townsite of Nome, the following-described piece or parcel of land designated as 486Description—Continued.tract C:

Beginning at the northwest corner of block K of the amended portion of the townsite of Nome; running thence south seventy degrees thirty-seven minutes east eight feet, more or less, along the northerly boundary of the said block K, to its intersection with line 2–3 of the customhouse reservation; thence south twenty-eight degrees fifteen minutes west fifty-one feet, more or less, to the intersection of said line 2–3 with the westerly boundary of said block K; thence, along said westerly boundary, north nineteen degrees twenty-three minutes east fifty feet, more or less, to the northwest *Proviso*.Parcels in exchange.corner of the said block K or the place of beginning: *Provided*, That there is conveyed to the United States as an addition to the aforesaid customhouse site, the following-described three pieces or parcels of lands, designated as tracts D, E, and F respectively, in order to provide a customhouse site of uniform dimensions in connection with the amended plat of a portion of the city of Nome made subsequent to the fire which destroyed a large portion of the buildings of the Description.said city in September 1934; beginning for the description of tract D at the northwest corner thereof, identical with the northeast corner of block C of the amended portion of the townsite of Nome; thence south seventy degrees thirty-seven minutes east ninety-five feet, more or less, along the southerly boundary of Second Avenue, amended, to its intersection with line 7–1 of the aforesaid customhouse reservation, whence corner numbered 1 of said reservation bears north twenty-three degrees fifty-seven minutes east thirty feet, more or less, distant; thence, along line 7–1 of said reservation, south twenty-three degrees fifty-seven minutes west forty-one feet, more or less, to corner numbered 7 of said reservation; thence south nineteen degrees twenty-one minutes west one hundred and eight feet, more or less, along line 5–6 of said reservation, to its intersection with the northerly boundary of Front Street, amended; thence, along said northerly boundary of Front Street, north seventy degrees thirty-seven minutes west ninety feet, more or less, to the southeast corner of block C of the amended portion of the townsite of Nome; thence, along the easterly boundary of said block C, north nineteen degrees twenty-three minutes east one hundred and fifty feet, to the northeast corner or place of beginning; and, beginning for the description of tract E at the northwest corner thereof, identical with the northeast corner of block J of the amended portion of the townsite of Nome; thence south seventy degrees thirty-seven minutes east one hundred and five feet, more or less, along the southerly boundary of Front Street, amended, to its intersection with line 5–6 of the aforesaid customhouse reservation; thence, along said line 5–6, south fifty-seven degrees east thirteen feet, more or less, to corner numbered 5 thereof; thence south twenty-seven degrees twenty-five minutes east one hundred and ten feet, more or less, along line 4–5 of said reservation, to its intersection with the northerly boundary of Seashore Avenue, of the amended portion of the townsite of Nome; thence, along said northerly boundary of Seashore Avenue, north seventy degrees thirty-seven minutes west one hundred and four feel, more or less, to the southwest corner, identical with the southeast corner of the aforesaid block J; thence, along the easterly boundary of said block J, north nineteen degrees twenty-three minutes east one hundred feet to the northwest corner or place of beginning; and, beginning for the description of tract F at the southwest corner of block K of the amended portion of the townsite of Nome; thence north seventy degrees thirty-seven minutes west eight feet, more or less, along the northerly boundary of the aforesaid Seashore Avenue, to its intersection with line 2–3 of the aforesaid customhouse reservation; thence, north twenty-eight degrees fifteen minutes east 4871935. fifty feet, more or less, along said line 2–3, to its intersection with the westerly boundary of the aforesaid block K; thence, along said westerly boundary of block K, south nineteen degrees twenty-three minutes west forty-nine feet, more or less, to the place of beginning.

Sec. 2. The transfer of this property and its use for the purposesNo Federal expense. mentioned shall be without expense to the United States of America. Approved, July 19, 1935. To regulate the strength and distribution of the line of the Navy, and for other purposes. 1935-07-22 49 Stat. 487 402 Chapter 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2025-01-07 public [CHAPTER 402.] AN ACT To regulate the strength and distribution of the line of the Navy, and for other purposes. July 22, 1935.[[H. R. 5599](/us/bill/74/hr/5599).][[Public, No. 212](/us/pl/74/212).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That so muchNavy.Number of commissioned officers of line.Vol. 39, p. 576; [U. S. C., p. 1511](/us/usc/p1511). of the Naval Appropriation Act approved August 29, 1916 (39 Stat. 576;

U. S. C., title 34, sec. 2), as provides that “hereafter the total number of commissioned officers of the active list of the line of the Navy, exclusive of commissioned warrant officers, shall be 4 per centum of the total authorized enlisted strength of the active list, exclusive of the Hospital Corps, prisoners undergoing sentence of discharge, enlisted men detailed for duty with the Naval Militia, and the Flying Corps”, is hereby amended to read as follows:Percentage increased.

“ Hereafter the total authorized number of commissioned officers of the active list of the line of the Navy, exclusive of commissioned warrant officers, shall be equal to 4¾ per centum of the total authorized enlisted strength of the active list, exclusive of the Hospital Corps, prisoners undergoing sentence of discharge, enlisted men detailed for duty with the Naval Militia, and the Flying Corps.” Sec. 2. That so much of the Naval Appropriation Act approvedDistribution of commissioned line officers among grades.Vol. 39, p. 576;

Vol. 46, p. 1482; [U. S. C., p. 1512](/us/usc/p1512). August 29, 1916 (39 Stat. 576; U. S. C., title 34, sec. 4), as amended by the Act approved March 3, 1931 (46 Stat. 1482; U. S. C., Supp. VII, title 34, sec. 4), as provides: “That the total number of commissioned line officers on the active list at any one time, exclusive of commissioned warrant officers, shall be distributed in the pro-portion of one in the grade of rear admiral, to four in the grade of captain, to eight in the grade of commander, to fifteen in the grade of lieutenant commander, to thirty in the grade of lieutenant, to forty-two in the grades of lieutenant (junior grade) and ensign, inclusive: *Provided*, That no officer shall be reduced in rank or pay or separated from the active list of the Navy as the result of any computation made to determine the authorized number of officers in the various grades of the line”, is hereby amended to read as follows:

“ That the total number of commissioned line officersTotal numbers. on the active list at any one time, exclusive of commissioned warrant officers, shall be distributed in the proportion of one in the grade of rear admiral, to four in the grade of captain, to eight in the grade of commander, to fifteen in the grade of lieutenant commander, to thirty in the grade of lieutenant, to forty-two in the grades of lieutenant (junior grade) and ensign, inclusive: *Provided*,*Provisos*.No reductions in rank, etc.

That no officer shall be reduced in rank or pay or separated from the active list of the Navy as the result of any computation made to determine the authorized number of officers in the various grades of the line: *Provided further*, That for theDistribution in grades until June 30, 1936. purpose of making any computation to determine the authorized number of officers in the various grades of the line above the grade of lieutenant (junior grade), the number of commissioned line officers on the active list, exclusive of commissioned warrant officers, shall, until June 30, 1936, be assumed to be five thousand four 488Thereafter.hundred and ninety-nine, and after that date any computation to determine the authorized number of officers in the various grades of the line shall be based on the total number of commissioned line officers on the active list at any one time not below five thousand four hundred and ninety-nine, exclusive of commissioned warrant Numbers during peace time.officers: *Provided further*, That except in time of war, the following numbers, exclusive of additional numbers in grade, in the grades as indicated shall not be exceeded:

In the grade of rear admiral, fifty-eight; in the grade of captain, two hundred and forty; in the Excess numbers to be carried in lieutenant commander grade.grade of commander, five hundred and fifteen: *And provided further*, That except in time of war, if any computation made to determine the authorized number of officers in the various grades of the line would, except for the immediately foregoing proviso, give a greater number of rear admirals than fifty-eight, or a greater number of captains than two hundred and forty, or a greater number of commanders than five hundred and fifteen, such excess number Increase authorized.shall be carried in the grade of lieutenant commander and an increase in that grade above the 15 per centum of the total number of commissioned officers on the active list at any one time, exclusive of commissioned warrant officers, is hereby authorized for that purpose.

” Sec. 3. Vol. 48, p. 814. That section 4 of the Act approved May 29, 1934 (48 Stat. 814), is hereby amended to read as follows: " Lieutenants and lieutenants (junior grade), not selected for promotion.“That after June 30, 1936, lieutenants and lieutenants (junior grade) who shall not have been recommended for promotion to the next higher grade by the report of a line selection board as approved by the President shall, on and after June 30 next succeeding the date of the approval of said line selection board, if they have completed fourteen or seven years, respectively, of commissioned service, Carried as additional numbers; included in authorized number.Eligibility for promotion, officers below lieutenant commander grade.Vol. 46, p. 1483; [U.

S. C., p. 1525](/us/usc/p1525).be carried as additional numbers in grade, but shall be included in the authorized number of commissioned officers of the active list of the line of the Navy in any grade to which later promoted. That for the purpose of extending section 3 of the Act of March 3, 1931 (46 Stat. 1483; U. S. C., Supp. VII, title 34, sec. 286a), to officers below the rank of lieutenant commander, the said section is amended so that the length of service therein prescribed shall be twenty-one years for lieutenants and fourteen years for lieutenants (junior *Provisos*.Age limitation.grade): *Provided*, That lieutenants with less than twenty-one years commissioned service shall become ineligible for promotion on June 30 of the fiscal year in which they attain the age of forty-five years: *Provided further*, That no officer of said rank shall become so ineligible Involuntary transfers to retired list.Vol. 46, p.

I4S4; [U. S. C., p. 1525](/us/usc/p1525).prior to June 30, 1936: *And provided further*, That the restriction on the number of involuntary transfers in any fiscal year to the retired list prescribed in section 7 of the Act of March 3, 1931 (46 Stat. 1484; U. S. C., Supp. VII, title 34, sec. 286e), shall not apply to the grade of lieutenant and lieutenant (junior grade).”" Sec. 4. Number of commissioned officers of staff corps.Vol. 38, p. 404; Vol. 39, p. 581; Vol. 40, p. 708; [U.

S. C., p. 1512](/us/usc/p1512). That so much of the Act approved June 30, 1914 (38 Stat. 404), as amended by the Act approved August 29, 1916 (39 Stat. 576, 581). as further amended by the Act approved July 1, 1918 (40 Stat. 708), which, as contained in the United States Code, title 34, section 3, provides: " Provisions amended.“The total authorized number of commissioned officers of the active list of the following Staff Corps, exclusive of commissioned warrant officers, shall be based on percentages of the total number of commissioned officers of the active list of the line of the Navy as follows:

“Supply Corps, 12 per centum; Construction Corps, 5 per centum: Corps of Civil Engineers, 2 per centum; and the total authorized number of commissioned officers of the Medical Corps shall be sixty-five one hundredths of 1 per centum of the total authorized number 489of the officers and enlisted men of the Navy and Marine Corps, including midshipmen, hospital corps, prisoners undergoing sentence of discharge, enlisted men detailed for duty with the Naval Militia, and the Flying Corps: *Provided*, That hereafter the authorized number of surgeons in the United States Navy be, and it is hereby, increased by one.

“Dental Corps: There shall be one dental officer in the Navy for each thousand of the total authorized number of officers and enlisted men of the Navy and Marine Corps. “Corps of Chaplains: The total number of chaplains and acting chaplains in the Navy shall be one to each one thousand two hundred and fifty of the total personnel of the Navy and Marine Corps as fixed by law, including midshipmen, apprentice seamen, and naval prisoners” " is hereby amended to read as follows: " “The total authorized number of commissioned officers of thePercentages. active list of the following staff corps, exclusive of commissioned warrant officers, shall be based on percentages of the total number of commissioned officers of the active list of the line of the Navy as follows:

“Supply Corps, 12 per centum;Supply—Construction—and Civil Engineers Corps.Medical Corps. Construction Corps, 5 per centum; Corps of Civil Engineers, 2 per centum; and the total authorized number of commissioned officers of the Medical Corps shall be sixty-five one-hundredths of 1 per centum of the total authorized number of the officers and enlisted men of the Navy and Marine Corps, including midshipmen, Hospital Corps, prisoners undergoing sentence of discharge, enlisted men detailed for duty with the Naval Militia, and the Flying Corps: *Provided*, That hereafter*Proviso*.Navy surgeons; number. the authorized number of surgeons in the United States Navy be, and it is hereby, increased by one.

“Dental Corps: The total authorized number of commissionedDental Corps; authorized number increased. officers of the Dental Corps shall be one for each five hundred of the actual number of officers and enlisted men of the Navy and Marine Corps. “Corps of Chaplains: The total authorized number of chaplainsCorps of Chaplains; authorized number. and acting chaplains in the Navy shall be one to each one thousand two hundred and fifty of the total personnel of the Navy and Marine Corps as fixed by law, including midshipmen, apprentice seamen, and naval prisoners.”" Sec. 5.

That section 3 of the Act approved March 3, 1931 (46Promotions; captains, commanders, and lieutenant commanders.Vol. 46, p. 1483.[U. S. C., p. 1525](/us/usc/p1525). Stat. 1483; U. S. C., Supp. VII, title 34, sec. 286a), is hereby amended by inserting after the word “ *Provided*”, appearing in line 10 of said section 3 of Statutes at Large, volume 46, page 1483, the following clause: “That the term ‘service in grade11 So in original.’ shall be construed to include service on the promotion list for his grade: *Provided further*”, so that the said section will read as follows:

“ExceptOfficers not recommended for promotion; consideration by line selection board. as provided in section 7, captains, commanders, and lieutenant commanders who shall not have been recommended for promotion to the next higher grade by the report of a line selection board as approved by the President prior to the completion of thirty-five, twenty-eight, or twenty-one years, respectively, of commissioned service in the Navy, shall be ineligible for consideration by a line selection board, and any officer in said grade shall likewise be ineligible for consideration who on June 30 of the calendar year of the convening of the board shall have had less than four years’ service in his grade; *Provided*, That the term ‘service in his grade’*Provisos*.“Service in his grade”, construed. shall be construed to include service on the promotion list for his 490Naval Academy graduates.Computation of commissioned service.grade: *Provided further*, That the commissioned service of Naval Academy graduates, for the purpose of this section only, shall be computed from June 30 of the calendar year in which the class in which they graduated completed its academic course, or, if its academic course was more or less than four years, from June 30 of the calendar year in which it would have completed an academic Commissioned from other than Naval Academy.course of four years: *Provided further*, That except as provided in section 7, officers of any grade commissioned in the line of the Navy from sources other than the Naval Academy, shall become ineligible for consideration by a selection board when the members of the Naval Academy class next junior to them at the date of their When ineligible for consideration.original permanent commission as ensign or above become ineligible for consideration under the provisions of this section.

” Sec. 6. Construction—Civil Engineer—and Supply Corps officers. That the President of the United States is hereby authorized, by and with the advice and consent of the Senate, to transfer and appoint officers of the line of the Navy, not above the grade of Transfers authorized.lieutenant commander, to the corresponding grade in the Construction Corps, Civil Engineer Corps, or Supply Corps, without regard to the age of the officers so transferred and appointed. Sec. 7. Staff Corps officers.

That the President of the United States is hereby authorized, Transfers authorized.by and with the advice and consent of the Senate, to transfer and appoint officers of the Staff Corps of the Navy not above the Rank and grade of transferred officers.rank of lieutenant commander to the corresponding rank and grade in the line of the Navy and the officers so transferred and appointed shall have the lineal position and precedence in the line which they would have held had they remained in the line or had their original Carried as additional number.appointments been in the line.

Any officer so transferred and appointed shall be carried as an additional number in the grade in which he is serving and to which he may hereafter be promoted. Sec. 8. Naval aviation.Detail of tactical and gunnery observers to duty in. That, exclusive of student aviators and qualified aircraft pilots of the Navy and Marine Corps, the number of tactical and gunnery observers of the Navy and Marine Corps detailed to duty in aircraft and involving actual flying shall hereafter be in accordance with the requirements of naval aviation as determined by the Vol. 42, p. 632;

Vol. 44, p. 782.[U. S. C., p. 1622](/us/usc/p1622).Secretary of the Navy. So much of section 20 of the Act approved June 10, 1922 (42 Stat. 632), as amended by section 6 of the Act approved July 2, 1926 (44 Stat. 782; U. S. C., Supp. VII, title 37, sec. 29), which is inconsistent with or in conflict with the provision of this section, insofar as it relates to the Navy and Marine Corps, is hereby repealed. Sec. 9. Navy and Marine Corps officers.Vol. 29, p. 361. The last proviso of the appropriation “Pay of the Navy,” contained in the Naval Appropriation Act for the fiscal year 1897, approved June 10, 1896 (29 Stat. 361), is hereby amended to read Payment to, when employed by contractors, prohibited.as follows:

“ *And provided further*, That hereafter no payment shall be made from appropriations made by Congress to any officer in the Navy or Marine Corps on the active list while such officer is employed, after June 30, 1897, by any person or company furnishing naval supplies or war materials to the Government, and such employment Retired officers.is hereby made unlawful after said date: *Provided*, That no payment shall be made from appropriations made by Congress to any retired officer in the Navy or Marine Corps who for himself or for others is engaged in the selling of, contracting for the sale of, or negotiating for the sale of, to the Navy or the Navy Department, any naval supplies or war material.

” Sec. 10. Inconsistent laws repealed. That all laws and parts of laws which are inconsistent herewith or in conflict with the provisions hereof, insofar as they relate to the Navy and Marine Corps, are hereby repealed. Approved, July 22, 1935. Conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the city of Perth Amboy, New Jersey. 1935-07-23 408 Chapter 49 Stat. 491 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Digitization Vendor 2025-01-07 public 491 [CHAPTER 408.] AN ACT Conferring jurisdiction upon the Court of Claims to hear, determine, and render judgment upon the claim of the city of Perth Amboy, New Jersey. July 23, 1935.[[S. 160](/us/bill/74/s/160).][

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