person or persons, in the discretion of the Commission, who may have the care and custody of such former employee, and such payment shall be a bar to recovery by any other person.

(f) Each employee or annuitant to whom this Act applies may, under regulations prescribed by the Civil Service Commission, designate a beneficiary or beneficiaries to whom shall be paid, upon the death of the employee or annuitant any sum remaining to his credit (including any accrued annuity) under the provisions of this Act. Sec. 12, act of July 3, 1926 (44 Stat. 911), as amended by sec. 12, act of May 29, 1930 (46 Stat. 476), as amended by act of June 22, 1934 (48 Stat. 1201); U. S. C. 5: 724.

This section has been amended to read as above.

691. Same; payment of annuities and form of application.

Citation should be changed to read: Sec. 13, act of July 3, 1926 (44 Stat. 912), as amended by sec. 13, act of May 29, 1930 (46 Stat. 477); U. S. C. 5: 716–718, 725.

692. Retirement; credits for unclassified service.

Citation should be changed to read: Sec. 14, act of July 3, 1926 (44 Stat. 912), as amended by sec. 14, act of May 29, 1930 (46 Stat. 477); U. S. C. 5: 723.

693. Same; duties of the Civil Service Commission.

Citation should be changed to read: Sec. 15, act of July 3, 1926 (44 Stat. 912), as amended by sec. 15, act of May 29, 1930 (46 Stat. 478); U. S. C. 5: 727.

694. Same; Board of Actuaries.

Citation should be changed to read: Sec. 16, act of July 3, 1926 (44 Stat. 912), as amended by sec. 16, act of May 29, 1930 (46 Stat. 478); U. 8. C. 5: 731.

Sec. 1, independent offices appropriation act of February 2, 1935 (49 Stat. 8), authorizes the Civil Service Commission to expend not to exceed $2,100 during the fiscal year 1936 for actuarial services pertaining to the civil service and Canal Zone retirement and disability funds. This provision has been repeated in subsequent appropriation acts. 695. Same; administration.

Citation should be changed to read: Sec. 17, act of July 3, 1926 (44 Stat. 913), as amended by sec. 17, act of May 29, 1930 (46 Stat. 478); U. S. C. 5: 709, 728.

A sum of money is annually placed to the credit of the "civil-service retirement and disability fund" by a recurring provision in the independent offices appropriation act.

The administration of the Civil Service Retirement Act, transferred to the Veterans' Administration under 1059a, post, was transferred to the Civil Service Commission by Executive Order No. 6670, April 7, 1934, as amended by Executive Order No. 6731, June 5, 1934, under authority of 888c, post.

696. Same; assignment and execution of funds.

Citation should be changed to read: Sec. 18, act of July 3, 1926 (44 Stat. 913), as amended by sec. 18, act of May 29, 1930 (46 Stat. 479); U. S. C. 5: 729.

700. Witnesses before committees of Congress.

Whenever a witness summoned as mentioned in section 102 of the Revised Statutes fails to appear to testify or fails to produce any books, papers, records, or documents, as required, or whenever any witness so summoned refuses to answer any question pertinent to the subject under inquiry before either House or any committee or subcommittee of either House of Congress, and the fact of such failure or failures is reported to either House while Congress is in session, or when Congress is not in session, a statement of facts constituting such failure is reported to and filed with the President of the Senate or the Speaker of the House, it shall be the duty of the said President of the Senate or Speaker of the House, as the case may be, to certify, and he shall so certify, the statement of facts aforesaid under the seal of the Senate or House, as the case may be, to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action." R.S. 104, as amended by act of July 13, 1936 (49 Stat. 2041); U. S. C. 2: 194. The third paragraph of this section has been amended as above.

702. Consideration and finality of settlement.

As to any case referred to the Department of Justice for defense, the function of decision whether and in what manner to defend, or to compromise, or to appeal, or to abandon defense, formerly exercised by any agency or officer, is transferred to the Department of Justice by Executive Order No. 6166 of June 10, 1933, issued under authority of 888c, post.

NOTES OF DECISIONS

ceptance of offers in compromise, and when he has so terminated such a suit his action is final and binding on all other executive officers of the Government as to the merits thereof and not subject to review by the Treasury Department. MSS. Op. Atty. Gen.

Authority of Attorney General-In cases wherein the Treasury Department is called upon to make tax refunds after settlements have been agreed upon by the Department of Justice, under section 5 of Executive Order No. 6166, the Attorney General has ample power to terminate suits by the ac- Nov. 5, 1934.

706. Prosecution by former officers or employees.

By act of April 14, 1934 (48 Stat. 590), the first paragraph of this section was made inapplicable to attorneys employed by the Attorney General for prosecution of cases under the National Recovery Act, 899c, post; and, by act of May 25, 1934 (48 Stat. 804), to attorneys employed by the Attorney General for prosecution of cases involving hydroelectric power, navigation, or water rights upon the New and Kanawha Rivers.

For other exceptions to this section, see 840, post.

707. Prosecution by members of the National Guard.

"U. S. C. 18: 198" should be omitted from the citation to this section, and "U. S. C. 18: 198a" added. (J. A. G. 010.3, Oct. 20, 1930, p. 110.)

708. Set-off. That when any final judgment recovered against the United States duly allowed by legal authority shall be presented to the Comptroller General of the United States for payment, and the plaintiff therein shall be indebted to the United States in any manner, whether as principal or surety, it shall be the duty of the Comptroller General of the United States to withhold payment of an amount of such judgment equal to the debt thus due to the United States; and if such plaintiff assents to such set-off, and discharges his judgment or an amount thereof equal to said debt, the Comptroller General of the United States shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff denies his indebtedness to the United States, or refuses to consent to the set-off, then the Comptroller General

of the United States shall withhold payment of such further amount of such judgment as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. And if such debt is not already in suit, it shall be the duty of the Comptroller General of the United States to cause legal proceedings to be immediately commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable dispatch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Comptroller General of the United States with 6 per centum interest thereon for the time it has been withheld from the plaintiff. Act of Mar. 3, 1875 (18 Stat. 481), as amended by sec. 13, Title II, act of Mar. 3, 1933 (47 Stat. 1516); U. S. C. 31: 227. This section has been amended as above.

NOTES OF DECISIONS

In general. As the effect of the act of 1875 was to take away the discretion which accounting officers previously had in exercising the right of set-off and to require them to make set-offs in respect to both judgments and claims, so now the effect of the amendment of March 3, 1933 (47 Stat. 1516), is to restore the discretion of exercising the setoff right with respect to claims, and to limit the duty of making set-offs to judgments. (1933) 37 Op. Atty. Gen. 215.

Interest. This section as amended authorizes interest only on "final judgments" against the Government, payment of which has been withheld to apply as set-off in payment of alleged claims in favor of the Governmment. The amendment is not retroactive, and interest on duly allowed claims other than final judgments is allowable up to the date of the amendment. Whitbeck, Receiver, v. U. S. (1933), 77 Ct. Cls. 309.

The amendment of this section limiting, to final judgments only, interest on allowed claims against the Government the payment of which has been erroneously withheld to apply as a set-off in payment of claims in favor of the Government, is not retroactive, and interest is recoverable on a duly allowed claim other than a judgment up to the enactment of such amendment, March 3, 1933.

act, and is therefore within the jurisdiction of the court.

A statute should not be given a retrospective effect unless such clearly and unequivocally appears to have been the legislative intent in its enactment. Chicago, I. & L. Ry. v. U. S. (1933), 78 Ct. Cls. 96.

Interest on an allowed claim against the Government, other than a judgment, payment of which has been withheld by the Comptroller General as a set-off against an erroneous claim by the Government, is allowable only up to March 3, 1933. Detroit, T & I. R. R. Co. v. U. S. (1934), 79 Ct. Cls. 227.

Where the Comptroller General refuses payment of a claim admittedly due the contractor under one contract, setting off against it a claimed indebtedness of the contractor to the Government under another contract which claim of indebtedness is held invalid by the court, the contractor is entitled to recover not only the amount of its claim but also interest thereon in accordance with this section. Allis-Chalmers Mfg. Co. v. U. S. (1934), 79 Ct. Cls. 453.

Where United States wrongfully withheld from seller payments for merchandise sold to War and Navy Departments to offset amount due against claimed but nonexistent indebtedness due United States, seller held entitled to interest on amounts due at 6 per cent per annum during time payments were wrongfully withheld (31 U. S. C. A. 227). R. J. Reynolds Tobacco Co. v. U. S. (Ct. Cls. 1936), 13 F. Supp. 425.

The Act of March 3, 1933, 47 Stat. 1489, did not repeal, but merely amended, the Act of March 3, 1875. The plaintiff's claim for interest is a claim arising under the 1875 708a. Foreign claims.-That the Secretary of War, through such agency as he may designate or establish is empowered, upon such terms as he or it may determine to be in the interest of the United States, to make equitable and fair adjustments and agreements, upon the termination or in settlement or readjustment of agreements or arrangements entered into with any foreign government or governments or nationals thereof, prior to November twelfth, ninteen hundred and eighteen, for the furnishing to the American Expeditionary Forces or otherwise for War purposes of supplies, materials, facilities, services, or the use of property, or for the furnishing of any thereof by the United States to any foreign government or governments, whether or not such

agreements or arrangements have been entered into in accordance with applicable statutory provisions; and the other provisions of this Act shall not be applicable to such adjustments. Sec. 3, act of Mar. 2, 1919 (40 Stat. 1273). The above provision was omitted from the original text of the Military Laws, 1929.

NOTES OF DECISIONS

section. The claim arising out of the agreement to adopt as a basis for ascertaining just compensation the costs of the supplies in lieu of the market value is within the scope of this section. (1932) 36 Op. Atty. Gen. 547.

Claims within.-The agreement made be- | government, is within the purview of this tween the representative of the United States and the Netherlands Government concerning the price to be paid to the Netherlands Government for war materials taken over by the United States in 1917, which were to be furnished to a foreign 708b. Private property lost or damaged; by dredging operations. That the Court of Claims shall have jurisdiction to hear and determine claims for damages to oyster growers upon private or leased lands or bottoms arising from dredging operations and use of other machinery and equipment in making such improvements: Provided, That suits shall be instituted within one year after such operations shall have terminated. Sec. 13, River and Harbor Author

ization Act of Aug. 30, 1935 (49 Stat. 1049); U. S. C. 28: 250a.

709. Same; by operations of the Army.

For payment of claims, including claims of military and civilian personnel in and under the War Department, not exceeding $500 each in amount for damages to or loss of private property incident to the training, practice, operation, or maintenance of the Army that have accrued, or may hereafter accrue, from time to time, $10,000: Provided, That settlement of such claims shall be made by the General Accounting Office, upon the approval and recommendation of the Secretary of War, where the amount of damages has been ascertained by the War Department, and payment thereof will be accepted by the owners of the property in full satisfaction of such damages. Title I, War Department appropriation act of May 15, 1936 (49 Stat. 1284); U. S. C. 31: 223.

The compilers of the United States Code have not followed the recommendation of the War Department (Op. J. A. G. 010.3, Nov. 12, 1929, p. 14) that this provision, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1354), as repeated in subsequent appropriation acts and modified above, U. S. C. 31: 223, be omitted from the Code as temporary. It has been eliminated from U. S. C. 5: 209 but is retained in U. S. C. 31: 223.

711. Same; by operation of aircraft.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 286) that this section, based on War Department Appropriation Act of February 28, 1929 (45 Stat. 1362), and subsequent appropriation acts, U. S. C. 31: 224, be omitted from the Code as temporary.

713. Same; by negligence of Government agents within scope of their employment.

NOTES OF DECISIONS

(1932) 36 Op. Atty. Gen. 553.

Subrogation.-A claim covering the cost that it may receive deliberate consideration. of repairing a plate-glass window presented by an insurance company which has become subrogated to the rights of the owner of the damaged property may properly be certified to Congress under this section for appropriation to provide for its payment. In making the certification, special attention should be called to the fact that it is a subrogation claim by an insurer and the attention of Congress Aug. 12, 1936. should be drawn to the point involved, so

Property covered.-In view of the broad purpose of this section and the uniform practice of the departments in construing same, the property of municipalities is held to be "privately owned property" within the meaning of the statute, and claims for damage thereto may properly be considered. 38 Op. Atty. Gen. No. 58,

714a. Same; by special field exercises of the National Guard and Organized Reserves.-* for settlement of claims (not exceeding $500 each) for damages to or loss of private property resulting from such exercises that have accrued or may hereafter accrue, when payment thereof will be accepted by the owners of the property in full satisfaction of such damages, and each claim is substantiated by a report of a board of officers appointed by the commanding officer of the troops engaged and is approved by the Secretary of War, whose action thereon shall be conclusive, * ** *. Title I, War Department Appropriation Act of May 15, 1936 (49 Stat. 1281).

The appropriation for special field exercises, contained in the War Department Appropriation Act for the fiscal year 1936, shall be construed as available for the settlement of claims (not exceeding $500 each) for damages to or loss of private property incident to such exercises, when payment thereof will be accepted by the owners of the property in full satisfaction of such damages and each claim is substantiated by a report of a board of officers appointed by the commanding officer of the troops engaged and approved by the Secretary of War, whose action thereon shall be conclusive. Title III, Deficiency Appropriation Act of June 22, 1936 (49 Stat. 1640).

715. Private property of Army personnel lost or damaged in the military service; general provision.

Chapter VI, act of July 9, 1918 (40 Stat. 880), was also superseded by this section.

NOTES OF DECISIONS

1935.

Authority and jurisdiction. The deter-, ney General. MSS. Op. Atty. Gen. Jan. 26, mination by the Secretary of War of the claim of an officer for loss of private property in the military service under section 3 of the original text is final, and not reviewable by the court. Ines Flecha v. U. S. (1934), 79 Ct. Cls. 180.

The determination of the Secretary of War of a claim presented under section 3 of the original text is final and conclusive only when such determination is authoritatively made. Held, That the Secretary's determination that the statute was applicable to the loss or damage of property in storage was clearly erroneous. Curran v. U. S. (1928), 65 Ct. Cls. 26.

Under sections 3 and 4 of the original text the Comptroller General is without authority to ignore or reject the findings of fact in respect to a claim which has been determined and approved by the Secretary of War; but he may review such claim to determine whether its payment is authorized by the statute, his determination being, of course, subject to review by the Court of 65 Ct. Cls. 26. Claims, and, in a proper case, by the Attor

Property in storage.-Loss of personal property of officer stored with quartermaster while officer was on overseas duty held not within section. Curran v. U. S. (1928),

719. Pay and allowances; longevity pay.

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Oct. 20, 1930, p. 113) that this section, based on act of January 29, 1927 (44 Stat. 1054), be included in the Code as not yet fully executed. 721a. Death or injury of foreign nationals. That when any act of omission of any officer, employee, or agent of the Government of the United States, including all officers, enlisted men, and employees of the Army, Navy, and Marine Corps, results in the personal injury or death of any person, not an American national, in any foreign country in which the United States exercises privileges of extraterritoriality, the Secretary of State may consider, adjust, and determine any claim, arising after the passage of this Act, for the damage occasioned by such injury or death in an amount not in excess of $1,500, United States currency, in any one case, and such amount as may be found to be due to any claimant shall be certified to Congress as a legal claim for payment out of appropriations that may be made by Congress therefor, together with a brief statement of the character of each claim, the amount claimed, and the amount