52 STAT.] 75TH CONG. , 3D SESS.-CHOS. 468-470-JUNE 16, 1938 or disease contracted or suffered as a result of his own misconduct; (4) was acting in disobedience of the lawful orders of his superior officer or in violation of the rules and regulations of his organization; or (5) whether at his post or lawfully absent, if the injury or disease was in fact, caused by something not involving misconduct but done in pursuing some private business or avocation. "Where the injury or disease occurs while on leave, the burden of proof shall be on the claimant to show that it was incurred in the line of duty, but where the injury or disease occurs while at camp or post of duty, the burden shall be upon the Government to show that the disability was not in line of duty. "PAR. IX. A disability will be held to have resulted from miscon- duct when it is due to venereal disease, unless it is affirmatively shown that the disease was, in fact, innocently acquired, or when caused by an act of commission or omission, wrong in itself; or by an act contrary to the principles of good morals; or as a result of gross negligence, gross carelessness, alcoholism, drug addiction, or self- infliction of wounds." Approved, June 16, 1938. [CHAPTER 469] AM A(Tr 755 Where injury or dis- ease occurs while on leave. Disability due to venereal disease. - June 16, 1938 To authorize the Secretary of the Navy to accept on behalf of the United States [H. B. 9258] certain land in the city of Los Angeles, California, with improvements thereon. [Public, No. 649] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is hereby authorized on behalf of the United States to accept from the city and county of Los Angeles, California, a site free from all encumbrances, the title in fee simple, together with the improvements, rights, privileges, and appurtenances belonging thereto, including an armory building constructed or to be constructed thereon, for use of the United States Naval and Marine Corps Reserve: Provided, That the acquisition of said land shall be without cost to the United States, and that the grading and landscaping of said land and the construction and completion of said armory building thereon shall not entail any obligation against appropriations of the Navy Department or relief funds apportioned to it: Provided further, That the acceptance by the Secretary of the Navy shall not be made until the grading and landscaping of said land and the construction of said armory building are satisfactorily completed. Approved, June 16, 1938. [CHAPTER 470] AN ACT To create a commission to procure a design for a flag for the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War, the Secretary of the Navy, and the president of the Board of Commissioners of the District of Columbia be, and they are hereby, created a commission to procure a design for a distinctive flag for the District of Columbia, the seat of the Capital of the Nation: Provided, That in the selection of such design the commis- sion hereby created shall have the advice of the Commission of Fine Arts. Approved, June 16, 1938. Los Angeles, Calif. Acceptance of cer- tain land and im- provements in, au- thorized. Use by Naval and Marine Corps Re- serve. Provisos. No Federal cost. Conditimns of na- ceptance. June 16, 1938 [H. R . 94751 [Public, No. 650] District of Colum- bia, flag. Commission created to procure design for. Prorio. Advice of Commis- sion of Fine Arts.
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