Viewing page 223 of 270

This transcription has been completed. Contact us with corrections.

COPY

Military Affairs
JAG 360

August 29, 1929.

MEMORANDUM for the Secretary of War.

Subject: The effect of existing statues on the character of Army and Navy air installations.

1. Reference letter 580.1 (7-6-20) Misc.-E, A.G.C., July 12, 1929, to this office, Subject "The effect of existing statutes on the character of Army and Navy air installations".

2. By the letter in reference, I am required to prepare a discussion of the statutes now in existence which affect the character, functions, and control of Army and Navy air components; covering certain specific questions and commenting upon the inclosed opinion of the Acting Judge Advocate General of the Navy in certain specified particulars.

3. In a general sense all of the statutes in force relating to the development and maintenance of air components in the Army and Navy, including current appropriation acts, affect the character, functions, an control of such components, directly or indirectly, in some degree; but, in view of the subject of the letter in reference, and its inclosures, it is understand that what is wanted here is a discussion of those statutes, if any, that expressly relate to the scope of the functions of the air components of the Army and the Navy respectively. The only permanent statute of this kind now in force is the proviso attached to the appropriation for the Air Service in the Army Appropriation Act of June 5, 1920 (41 Stat. 954), as follows: 

"And provided further, That hereafter the Army Air Service shall control all aerial operations from land bases, and Naval Aviation shall have control of all aerial operations attached to a fleet, including shore stations whose maintenance is necessary for operation connected with the fleet, for construction and experimentation and for the training of personnel."

In the compilation of the U. S. Code, 1926, this enactment was split between the Titles relating to the Army and the Navy, and restated (inaccurate-

- 1 -