is complying with the provisions of this chapter and is entitled to receive its share of the annual appropriations for agricultural experiment stations under this chapter and the amount which thereupon each is entitled, respectively, to receive. If the Secretary of Agriculture shall withhold from any State or Territory a certificate of its appropriation, the facts and reasons therefor shall be reported to the President and the amount involved shall be kept separate in the Treasury until the close of the next Congress in order that the State or Territory may, if it shall so desire, appeal to Congress from the determination of the Secretary of Agriculture. If the next Congress shall not direct such sum to be paid, it shall be covered into the Treasury. (Feb. 24, 1925, c. 308, § 4, 43 Stat. 971.) Editorial Comment.-See editorial comment under section 371, ante, equally applicable here, except that the similar provision was made by section 4 of the former act. Historical Note See notes under section 361, ante, of this title. § 377. Unexpended part of annual appropriation. Whenever it shall appear to the Secretary of the Treasury from the annual statement of receipts and expenditures of any agricultural experiment station that a portion of the preceding annual appropriation remains unexpended, such amount shall be deducted from the next succeeding annual appropriation to such station, in order that the amount of money appropriated to any station shall not exceed the amount actually and necessarily required for its maintenance and support. (Mar. 2, 1887, c. 314, § 6, 24 Stat. 441.) Historical Note See historical note under section 362, ante, of this title. § 378. Stations established separate from colleges; agricultural college given preference over other colleges. In States having colleges entitled to the benefits of this chapter and having also agricultural experiment stations established by law separate from said colleges, such States shall be authorized to apply such benefits to experiments at stations so established by such States; and in case any State shall have established under the provisions of sections 301 to 308 of this chapter an agricultural department or experimental station, in connection with any university, college, or institution not distinctly an agricultural college or school, and such State shall have established or shall hereafter establish a separate agricultural college or school, which shall have connected therewith an experimen tal farm or station, the legislature of such State may apply in whole or in part the appropriation by this chapter made, to such separate agricultural college or school, and no legislature shall by contract express or implied disable itself from so doing. (Mar. 2, 1887, c. 314, 8, 24 Stat. 441.) Historical Note See historical note under section 362, ante, of this title. § 379. Relation of college to State, etc., unaffected. Nothing in this chapter shall be construed to impair or modify the legal relation existing between any of the colleges affected thereby and the government of the States or Territories in which they are respectively located. (Mar. 2, 1887, c. 314, § 7, 24 Stat. 441.) Historical Note See historical note under section 362, ante, of this title. § 380. Report to Congress by Secretary. The Secretary of Agriculture shall make an annual report to Congress on the receipts and expenditures and work of the agricultural experiment stations in all of the States and Territories, and also whether the appropriation of any State or Territory has been withheld; and if so, the reason therefor. (Feb. 24, 1925, c. 308, § 5, 43 Stat. 972.) § 381. Expenditures by Secretary in administration of chapter. The Secretary of Agriculture is hereby authorized to employ such assistants, clerks, and other persons as he may deem necessary, in the city of Washington and elsewhere, and to incur such other expenses for office fixtures and supplies, stationary*, traveling, freight, and express charges, illustration of the Experiment Station Record, bulletins and reports, as he may find essential in carrying out the objects of this chapter. (Mar. 2, 1901, c. 805, 31 Stat. 935.) Should be "stationery." Historical Note This section is derived from a provision accompanying an appropriation for experiment stations in the agricultural appropriation act for the fiscal year 1902, cited above. Similar provisions, although varying somewhat in language, were contained in several preceding appropriation acts. § 382. Power to amend, repeal, etc., reserved. Congress may at any time amend, suspend, or repeal any and all of the provisions of this chapter. (Feb. 24, 1925, c. 308, § 6, 43 Stat. 972.) 8 383. Payment to Georgia Experiment Station authorized. The Secretary of Agriculture is hereby authorized and directed to certify to the Secretary of the Treasury for payment, and the Secretary of the Treasury is authorized and directed to pay all appropriations, to the Georgia Experiment Station, authorized by this chapter in accordance with the Act of the General Assembly of Georgia, approved December 29, 1888, establishing the Georgia Experiment Station, and the Act of August 18, 1906 (Georgia laws, 1906, p. 1161): Provided That nothing herein shall be construed as limiting the authority of the Secretary of Agriculture over and respecting the supervision of the operation of the said Georgia Experiment Station as set forth in this chapter. (Oct. 1, 1918, c. 178, 40 Stat. 998.) § 384. Card index of agricultural literature; copies to be furnished by Secretary. The Secretary of Agriculture may furnish to such institutions or individuals as may care to buy them copies of the card index of agricultural literature prepared by the Department of Agriculture in connection with its administration of this chapter, and charge for the same a price covering the additional expenses involved in the preparation of these copies, the money received from such sales to be deposited in the Treasury of the United States as miscellaneous receipts. (Mar. 4, 1915, c. 144, 38 Stat. 1109.) Cross-References See, also, section 551 of Title 5, Executive Departments and Government Officers and Employees. Section 391. Establishment of bureau; appointment of chief; general duties. There shall be in the Department of Agriculture a Bureau of Animal Industry. The Secretary of Agriculture is authorized to appoint a chief thereof, who shall be a competent veterinary surgeon, and whose duty it shall be to investigate and report upon the condition of the domestic animals of the United States, their protection and use, and also inquire into and report the causes of contagious, infectious, and communicable diseases among them, and the means for the prevention and cure of the same, and to collect such information on these subjects as shall be valuable to the agricultural and commercial interests of the country. (May 29, 1884, c. 60, § 1, 23 Stat. 31.) Historical Note This section is part of the Animal Industry Act, entitled "An act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide means for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals," cited above. Sections 2-9 of the act contain provisions for investigation of methods of treating, transporting, etc., animals and means for suppression of contagious, etc., diseases, for regulations for suppression of such diseases and co-operation with States and Territories in plans and methods adopted therefor, and other provisions relating to exportation and transportation of live stock to foreign countries and among the States, and to the suppression of diseases of live stock. Said sections are set forth in Title 21, Food and Drugs, as §§ 112-115, 117-119, and 130, respectively. expenditures, etc., under the act, and is set forth as § 560 of Title 5, Executive Departments and Government Officers and Employees. The designation of the office of Commissioner of Agriculture, formerly referred to in this section, was changed by the change of the department into an executive department under a Secretary of Agriculture. See § 512 of Title 5, Executive Departments and Government Officers and Employees. The authority formerly granted to the Commissioner by this section was vested in the Secretary of Agriculture, by a provision of Act July 14, 1890, c. 707. See § 515 of said Title 5. This section as originally enacted contained this further provision: "And the Commissioner of Agriculture is hereby authorized to employ a force sufficient for the purpose, not to exceed 20 persons at any one time." This provision was practically superseded by subsequent appropriations for an enlarged force. The Budget 1927 makes provision for the Bureau of Animal Industry for a departmental service of 161 employees, together with a field force of 211 employees. Section 10 of this act made an appropriation to carry into effect its provisions and is omitted from the Code. Section 11 of this act requires an annual report to Congress of persons employed, As formerly enacted, this section also contained a provision as to salary of the Chief of the Bureau and a clerk for said bureau. Subsequent appropriations provided for increased salaries. However, practically all appropriations for salaries of employees in the District of Columbia are provided for now under the compensation schedule of the Classification Act of 1923 as contained in chapter 13 of Title 5, Executive Departments and Government Officers and Employees. The appropriation for the fiscal year 1926, as above, was $649,401. Cross-References Penalty for interference with an officer or employee of the Bureau of Animal Industry in the execution of his duties, see § 118 of Title 18, Criminal Code and Criminal Procedure. Encouragement of breeding riding horses suitable for the Army, see § 1318 of Title 10, Army. Act Feb. 12, 1925, c. 225, Title I, 43 Stat. 901, appropriated $150,000 for encouragement of the breeding of riding horses suitable for the Army, in co-operation with the Bureau of Animal Industry. Printing reports of the Bureau of Animal Industry, see § 244, of Title 44, Public Printing and Documents. Leave of absence of employees of the Bureau of Animal Industry, see § 534 of Title 5, Executive Departments and Government Officers and Employees. Notes of Decisions For fuller annotations on the subject of cattle, contagious diseases and quarantine, see Title 21, Food and Drugs, §§ 112115, 117-119, and 130, and notes thereunder. [Compiler's note.] 1. Validity. This section and §§ 112-115, 117-119, and 130, of Title 21, Food and Drugs, requiring the inspection of cattle shipped in interstate commerce for fever tick, and the isolation of those infected with such tick in separate pens, are valid. Payne v. Cotner (1921) 230 S. W. 277, 148 Ark. 401. 2. Employment of counsel in defense of employés.-Act July 18, 1888, 25 Stat. 333, made appropriations for the salaries and expenses of the Bureau of Animal Industry. Under this act it has been held that the same did not authorize the employment of counsel for the defense of employés of the Bureau for acts done by them under its direction. (1889) 19 Op. Atty. Gen. 328. 3. Veterinary inspectors as subject to state registration requirements.-The veterinary inspectors of the Bureau of Animal Industry of the Department of Agriculture while engaged in the performance of their official duties as veterinarians in the state of Pennsylvania are not amenable to the provisions of the statute of Pennsylvania of May 5, 1915, requiring the registration and payment of fees as a prerequisite to engaging in veterinary work in that state. (1923) 33 Op. Atty. Gen. 449. § 392. Sale or exchange of animals not needed; disposition of moneys. The Secretary of Agriculture is authorized to sell in the open market or to exchange for other breeding animals or animal products to the best advantage, without the usual condemnation proceedings and public auction, such animals or animal products produced or purchased under the appropriations made by Congress for the use of the Bureau of Animal Industry as may not be needed in the work of that bureau: Provided, That all moneys received from the sale of such animals or animal products, or as a bonus in the exchange of the same, shall be deposited in the Treasury as miscellaneous receipts. (Aug. 10, 1912, c. 284, 37 Stat. 274.) |