* *

1634y. Congress and legislative employees.(For the portion of the fiscal year 1934 beginning February 1, 1934, and ending June 30, 1934, and for that portion of the fiscal year ending June 30, 1935, prior to April 1, 1935)-— (a) The salaries of the Vice President and the Speaker of the House of Representatives are reduced by the percentage of reduction applicable to officers and employees of the Federal Government generally; and the salaries of Senators, Representatives in Congress, Delegates, and Resident Commissioners are reduced by the percentage of reduction applicable to officers and employees of the Federal Government generally.

(b) The allowance for clerk hire of Representatives in Congress, Delegates, and Resident Commissioners is reduced by the percentage applicable by law to other employees on the roll of the House of Representatives, such reduced allowance to be apportioned by the Representative, Delegate, or Resident Commissioner among his clerks as he may determine, subject to the limitations of existing law, but the compensation of such clerks shall not be subject to reduction under subsection (c) of this section.

(c) The rate of compensation of any person on the rolls of the Senate or of the House of Representatives (other than persons included within subsection (a)), is reduced by the percentage applicable by law to employees of the Government generally. Sec. 105, Title I, Part II, act of June 30, 1932 (47 Stat. 401), as amended by secs. 4 (e), 4 (f), and 4 (g), Title II, act of Mar. 20, 1933 (48 Stat. 14, 15), and by sec. 21 (b), Title II, independent offices appropriation act of Mar. 28, 1934 (48 Stat. 521), and by sec. 2 (b), pub. res. of Feb. 13, 1935 (49 Stat. 24).

During the fiscal year ending June 30, 1935

(b) The mileage allowance of Senators, Representatives in Congress, and the Delegate from Hawaii is reduced 25 per centum; the allowance to the Delegate from Alaska provided by section 1 of the Act of May 7, 1906, the allowance to the Resident Commissioners from the Philippine Islands provided by section 8 of the Act of July 1, 1902, and the allowance to the Resident Commissioner from Puerto Rico provided by section 36 of the Act of March 2, 1917, are reduced by 25 per centum. Sec. 206, Title II, Part II, act of June 30, 1932 (47 Stat. 405); continued in force by sec. 4 (a), Title II, act of Mar. 20, 1933 (48 Stat. 13), and by sec. 24, Title II, independent offices appropriation act of Mar. 28, 1934 (48 Stat. 522).

This provision, based on section 105, Economy Act, is not continued in force after April 1, 1935.

1634z. Retired judges. (For the portion of the fiscal year 1934 beginning February 1, 1934, and ending June 30, 1934, and for the fiscal year ending June 30, 1935) the retired pay of judges (whose compensation, prior to retirement or resignation, could not, under the Constitution, have been diminished) is reduced by (the percentage of reduction applicable to officers and employees of the Federal Government generally). Sec. 13, independent offices appropriation act of June 16, 1933 (48 Stat. 307), as amended by sec. 21 (c), independent offices appropriation act of Mar. 28, 1934 (48 Stat. 521).

For percentage of reduction applicable to Federal employees generally, see 1634d, ante. This provision was not continued in force after July 1, 1935.

NOTES OF DECISIONS

Constitutionality.—A

district or circuit meaning of sec. 1, Art. III of the Constitution, and his compensation may not be diminished. (1934) Booth v. U. S.. 291 U. S. 339.

judge of the United States who retires pursuant to sec. 260 of the Judicial Code, as amended, continues in office within the

CHAPTER 30

PUBLIC BUILDINGS AND PUBLIC GROUNDS IN THE DISTRICT OF COLUMBIA

Office of the Director of Public Buildings | Public buildings-Continued.

and Public Parks of the National Capital; establishment and duties, 1635. Park system; extension and development, 1641.

Public bathing beaches, 1646.

Public buildings :

Assignment of space, 1648.

Care, maintenance, and protection, 1649.

Operation of vending stands by blind persons, 1650a.

Public grounds:

Erection of buildings prohibited, 1653.
Erection of buildings on

lands restricted, 1654.
Transfer of jurisdiction, 1657a.

adjoining

1635. Office of the Director of Public Buildings and Public Parks of the National Capital; establishment and duties.

The Office of Public Buildings and Public Parks of the National Capital, and of the Director thereof, were abolished, and their functions transferred to the Office and Director of National Parks, Buildings, and Reservations in the Department of the Interior by Executive Order No. 6166 of June 10, 1933, issued under authority of 888c, ante. Sec. 1, Interior Department Appropriation Act of March 2, 1934 (48 Stat. 389), provides that thereafter the Office of National Parks, Buildings, and Reservations shall be known as the National Park Service.

1636. Same; assignment of employees.

See note to 1635, ante.

1637. Director of Public Buildings and Public Parks; reports to Secretary of War.

See note to 1635, ante.

1639. Same; to be secretary and executive officer of Fine Arts Commission. See note to 1635, ante.

1640. Park system; custody and description.

"U. S. C. 40: 75" should be eliminated from the citation to this section. See note to 1635, ante.

Said commission or a majority thereof is hereby authorized and directed to acquire such lands as in its judgment shall be necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia, within the limits of the appropriations made for such purposes, for suitable development of the National Capital park, parkway, and playground system. That said commission is hereby authorized to acquire such lands by purchase when they can be acquired at prices reasonable in the judgment of said commission, otherwise by condemnation proceedings, such proceedings to acquire lands within the District of Columbia to be in accordance with the provisions of the Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), the Chief of Engineers of the Army being, for the purposes of this Act, hereby clothed with all

*

the power vested by the said Act of August 30, 1890, in the board created by that Act. *Sec. 2, act of June 6, 1924 (43 Stat. 463); U. S. C. 40: 72. * * The land so acquired within the District of Columbia shall be a part of the park system of the District of Columbia and be under control of the Chief of Engineers of the United States Army; * *. Sec. 3, act of June 6, 1924 (43 Stat. 464); U. S. C. 40: 73.

By section 3, act of February 26, 1925 (43 Stat. 983), ante, 1635, the Director of Public Buildings and Public Parks is substituted for the Chief of Engineers.

* The title to the lands acquired hereunder shall vest in the United States, and said lands, including the Mount Vernon Memorial Highway authorized by the Act approved May 23, 1928, upon its completion, shall be maintained and administered by the Director of Public Buildings and Public Parks of the National Capital, who shall exercise all the authority, power, and duties with respect to lands acquired under this section as are conferred upon him within the District of Columbia by the Act approved February 26, 1925; and said director is authorized to incur such expenses as may be necessary for the proper administration and maintenance of said lands within the limits of the appropriations from time to time granted therefor from the Treasury of the United States, which appropriations are hereby authorized. * * Sec. 1 (a), act of May 29, 1930 (46 Stat. 483).

*

Whenever the use of the Forts Washington, Foote, and Hunt, or either of them, is no longer deemed necessary for military purposes they shall be turned over to the Director of Public Buildings and Public Parks of the National Capital without cost, for administration and maintenance as a part of the said George Washington Memorial Parkway. Sec. 3, act of May 29, 1930 (46 Stat. 484).

By Act of May 21, 1932 (47 Stat. 163); as amended by act of Feb. 11, 1933 (47 Stat. 799); U. S. C. 40: 123, the Director of Public Buildings and Public Parks of the National Capital was authorized to accept the gift of Theodore Roosevelt Island from the Roosevelt Memorial Association, and thereafter to maintain and administer same as a natural park for the recreation and enjoyment of the public.

See note to 1635, ante.

1642. Same; acquisition of small areas.

"U. S. C. 40: 93" should be eliminated from the citation to this section.

See note to 1635, ante.

1643. Same; lease of lands acquired for park purposes.

See note to 1635, ante.

1644. Same; traffic regulation.

See note to 1635, ante.

1645. United States park police; control, composition, equipment. See note to 1635, ante.

1646. Public bathing beaches.

That the Director of Public Buildings and Parks of the National Capital, in his discretion, is authorized to operate, through the Welfare and Recreational Association of Public Buildings and Grounds, bathing pools under his jurisdiction, and thereupon there may be deposited in the Treasury under the special fund to the credit of said association moneys received for the operation of such pools and be there available for the purposes of said special fund and this shall be a compliance with the provisions of the Act approved February 28. 1929 (45 Stat. 1411-1412). Act of July 3, 1930 (46 Stat. 1007).

The above provision is added as a new paragraph of this section.

See note to 1635, ante.

1647. Public buildings and grounds; custody.

See note to 1635, ante.

1648. Public buildings; assignment of space.

The Public Buildings Commission was abolished and its functions transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior by Executive Order No. 6166 of June 10, 1933, issued under authority of 888c, ante. The Office of National Parks, Buildings, and Reservations is designated the "National Park Service" by section 1, Interior Department Appropriation Act of March 2, 1934 (48 Stat. 389).

NOTES OF DECISIONS

available may be assigned by the Secretary of the Interior, as may be appropriate. (1933), 37 Op. Atty. Gen. 340.

Space in new buildings.-Where Congress | pletion or which may afterwards become by act of July 3, 1930 (46 Stat. 907), authorized the construction of a building "to be occupied by either the Interstate Commerce Commission or the General Accounting Office, as may be determined by the Public Buildings Commission" (the functions of which were transferred to the Interior Department by Executive Order No. 6166 of June 10, 1933), the building is to be used by the agencies for which it was constructed SO far as their needs reasonably require. Any surplus space in the building on com1649. Public buildings; care, maintenance, and protection.

The above principles are applicable to the assignment of space in the new Post Office Building, and the authority of the Secretary of the Interior is not affected by the transfer of the "administration" of post office buildings to the Post Office Department by Executive Order No. 6166 of June 10, 1933. (1933), 37 Op. Atty. Gen. 355.

*

The buildings constructed under said Act approved May 25, 1926, when completed and ready for occupancy shall be turned over to the Office of Public Buildings and Public Parks for care, maintenance, and protection, including the furnishing of heat, gas, and electricity therein, together with all machinery, tools, equipments, and supplies to be used in connection therewith. Sec. 3, act of Jan. 13, 1928 (45 Stat. 52); U. S. C. 40: 348.

That said permanent building shall remain the property of the United States but under the supervision of the Director of Public Buildings and Public Parks of the National Capital, and the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building without expense to the United States. Sec. 5, Pub. Res. of Feb. 7, 1930 (46 Stat. 66); U. S. C. 36: 13.

The above provisions are added as new paragraphs of this section. The first is from an act authorizing acquisition of lands within the District of Columbia as sites for buildings to house executive departments and independent establishments. The second refers to the building erected for headquarters of the American National Red Cross in Washington.

The last paragraph of the original text of this section, based on section 1, title 1, act of March 4, 1929 (45 Stat. 1625), making appropriations for deficiencies, was specifically repealed by act of May 27, 1930 (46 Stat. 394).

See note to 1635, ante.

1650a. Same; operation of vending stands by blind persons.-That for the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting blind persons licensed under the provisions of this Act shall be authorized to operate vending stands in any Federal building where, in the discretion of the head of the department or agency in charge of the maintenance of the building, such vending stands may be properly and satisfactorily operated by blind persons. Sec. 1, act of June 20, 1936 (49 Stat. 1559); U. S. C. 20: 107.

Further provisions of the act prescribe details of a licensing system, to be administered by the Office of Education, Interior Department, in cooperation with State authorities.

1651. Same; use for public ceremonies prohibited.

By public resolution of Jan. 30, 1933 (47 Stat. 792), this section was waived so as to permit the quartering of troops in public buildings during the inaugural ceremonies of March 1933.

1652. Public grounds; regulation for care.

By public resolutions of Jan. 31, 1933 (47 Stat. 793) and June 22, 1936 (49 Stat. 1824), the Director of Public Buildings and Public Parks of the National Capital was authorized to grant permits for the use of any reservations or other public spaces in the city of Washington under his control on the occasion of the inauguration of the President-elect in March 1933 and January 1937, respectively.

See note to 1635, ante.

1653. Same; erection of buildings prohibited.

By resolution of June 21, 1930 (46 Stat. 797), the Director of Public Buildings and Public Parks of the National Capital was authorized to grant permission for the erection, under his supervision, by the citizens of Pennsylvania, of a memorial fountain on the public grounds of the United States on Pennsylvania Avenue in the District of Columbia, as a gift to the people of the United States.

The erection of a monument to William Jennings Bryan on the public grounds of the United States in the city of Washington was authorized by resolution of June 18, 1930 (46 Stat. 783), as amended by resolution of June 27, 1932 (47 Stat. 335); and of a memorial to the Second Division by resolution of March 3, 1931 (46 Stat. 1515); and the removal of a statue of Major General John A. Rawlins by resolution of March 4, 1931 (46 Stat. 1627).

Other memorials have been authorized as follows: A memorial by the Roosevelt Memorial Association on Theodore Roosevelt Island by sec. 3, act of May 21, 1932 (47 Stat. 164), as amended by act of Feb. 11, 1933 (47 Stat. 799; U. S. C. 40; 123b, 123c (1641, ante)); a memorial to American and diplomatic consular officers who while on active duty lost their lives under heroic or tragic circumstances, by public resolution of Feb. 23, 1933 (47 Stat. 902); a bust of Johann Wolfgang von Goethe, by public resolution of Mar. 4, 1933 (47 Stat. 1620); a "Navy and Marine Memorial Dedicated to American Lives Lost at Sea", by public resolution of February 16, 1924 (43 Stat. 14), as amended by public resolution of June 26, 1934 (48 Stat. 1243); a memorial to Jean Jules Jusserand by public resolution of June 17, 1935 (49 Stat. 386); a statue of Grover Cleveland by public resolution of June 26, 1935 (49 Stat. 424).

Public resolution of August 24, 1935 (49 Stat. 798), authorizes the erection of a memorial to the Fourth Division, American Expeditionary Forces, on public grounds of the District of Columbia.

Public resolution No. 70, February 12, 1936 (49 Stat. 1137), authorizes the National Society of the Daughters of the American Colonists to erect on public grounds in the City of Washington a memorial to those early settlers whose land grants embrace the site of the Federal City.

The execution of plans for a permanent memorial to Thomas Jefferson in the City of Washington was authorized by act of June 3, 1936 (49 Stat. 1397).

Public resolution of June 23, 1936 (49 Stat. 1895), authorizes the erection of a memorial in the City of Washington to Haym Salomon, in recognition of his services during the American Revolution.

1654. Same; erection of buildings on adjoining lands restricted.

That in view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed upon Congress in connection therewith, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, it is hereby declared that such development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance. To this end, hereafter when application is made for permit for the erection or alteration of any building, any portion of which is to front or abut upon the grounds of the Capitol, the grounds of the White House, the portion of Pennsylvania Avenue extending from the Capitol to the White House,