OFFICE OF THE SOLICITOR. 



713 



on like roads or in other ways in construction work thereon. This 

 was the holding with respect to road-building material which was 

 found to be unserviceable (a) because it was in such condition when 

 delivered, (b) because not usable in a reasonable time owing to 

 changes in the State's road plans subsequent to the request for and 

 delivery of the equipment, and (c) because worn out in road construc- 

 tion use. It was held, however, that a different situation existed 

 as to equipment found to be unserviceable because, owing to mistakes 

 in packing or in the inventory thereof, it was in itself unsuitable for 

 road-building work. As to equipment of this kind, it was held 

 that the title thereto was still in the United States, the State holding 

 it merely as gratuitous bailee, and that such equipment should either 

 be reshipped to some officer of the United States where it could be 

 used profitably, or in cases where it might not be so shipped profitably, 

 it might be disposed of for the account of the United States, and 

 that the ''proceeds" (R. S. 3618) of such sale to be forwarded to the 

 department would be the selling price of the equipment, less prior 

 freight charges thereon paid by the State. 



PLANT QUARANTINE ACT (37 Stat. 315). 



During the year 63 cases were reported to the Attorney Genera 1 for 

 prosecution under the plant quarantine act of August 20, 1912, as 

 amended by the act of March 4, 1917 (39 Stat. 1165). Of these 63 

 cases, 33 have been closed during the year by the imposition of fines. 

 At the close of the fiscal year 1922 there were 40 cases pending, 22 

 of which have been closed by the imposition of fines and 11 by dis- 

 missal, nolle prosequi, etc. The record of the fines imposed in the 

 55 cases is as follows : 



The total number of cases still pending is 37, made up of 7 of those 

 pending at the beginning of the present fiscal year and 30 of those 

 submitted during the present fiscal year. 



CENTER MARKET ACT (41 Stat. 1441). 



Assistance was given the Bureau of Agricultural Economics in the 

 revision of the regulations governing, and the forms of leases, permits, 

 etc., used in the administration of Center Market. 



Assistance was rendered the United States attorney for the Dis- 

 trict of Columbia in successfully defending suits filed by one of the 

 tenants in Center Market to enjoin department officials from ter- 

 minating his occupancy of a stand in the market. The controversy 

 was finally terminated by the dispossession of the tenant under land- 

 lord-and-tenant proceedings instituted in the municipal court of the 

 District of Columbia. 



