590 ANNUAL REPORTS OF DEPARTMENT OF AGRICULTURE. 



Oj^inions -were rendered on a number of important questions aris- 

 inf^ under the act. In addition to the above list, 50 original agree- 

 ments and IG supplemental agreements for the construction of forest 

 road projects were reviewed as to form and substance. 



IMPORTANT OPINIONS INVOLVING THE ADMINISTRATION OF THE FEDERAL 



AID ROAD ACT. 



The Attorney General on September 27, 1919, in response to the 

 request of this department, rendered an opinion holding that section 

 5 of the act of July 19, 1919 (41 Stat., 1G3, 233), authorizing the Sec- 

 retary of War to transfer to any other branch of the Government 

 having an available appropriation, at a reasonable price not to ex- 

 ceed cost, any surplus motor-propelled vehicles and motor equipment 

 of any kind, did not operate to repeal section 7 of the act of Feb- 

 ruary 28, 1919 (40 Stat, 1189, 1201), giving authority to the Secre- 

 tary of War to transfer to the Secretary of Agriculture all available 

 war material, equipment, and supplies not needed for the purposes 

 of the War Department, but suitable for use in the improvement of 

 highways, for distribution among the several State highway depart- 

 ments. The War Department upon the advice of the Judge Advo- 

 cate General 'of the Army had taken the position that there was an 

 implied repeal. The Attorney General sustained the opinion of this 

 office on the question. 



In an opinion of April 1, 1920, the Comptroller of the Treasury 

 held that the appropriation made by the Federal aid road act for the 

 construction of rural post roads was not available for the construc- 

 tion of a bridge between Portsmouth, N. H., and Kittery, Me., for 

 wdiich an appropriation had been made in the naval appropriation 

 act of July 11, 1919 (41 Stat., 143). The latter appropriation was 

 held to be exclusive of the use of any other general appropriation to 

 increase the Government's contribution toward the expense of the 

 bridge. 



In an unpublished opinion of April 14, 1920, the Comptroller of 

 the Treasury held that the appropriation made by section 8 of the 

 act of February 28, 1919 (40 Stat., 1200, 1201), is available for the 

 construction of temporary storage buildings in which to store the 

 surplus war material, equipment, and supplies transferred to the de- 

 partment under the authority of section 7 of the above-mentioned 

 statute and the act of March 15, 1920 (41 Stat., 530), for use in the 

 survev. construction, and maintenance of forest roads and trails. 



THE FOOD AND DRUGS ACT. 



(34 Stat., 768.) 



Twenty-one hundred and sixty-eight cases were transmitted to 

 the Department of Justice, in 426 of which criminal proceedings 

 and in 1,742 of which seizures were recommended. The 426 criminal 

 cases embraced 830 alleged violations of the food and drugs act. 



At the close of the fiscal year 1919, 967 cases were pending, of which 

 330 were criminal prosecutions and 637 were seizures. 



Seven hundred and thirty-eight cases pending at the close of the 

 fiscal year 1919 and 1,268 reported during the fiscal year 1920, in all 

 2,006, were terminated in 1920. Of those terminated, 462 were crimi- 

 nal and 1,544 were civil. 



