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DRAWBACK

Exportation from Porto Rico. *Customs Laws. 33:488
Exportation of blended flour. *Customs Laws. 33:536

DREDGING OPERATIONS

Nonapplicability of Foreign Dredge Act to the Virgin Islands. *Foreign Dredge Act of 1906.

DROUGHT STRICKEN AREA

42:189

Menaced by Japanese beetle infestation of St. Louis, Mo.
*Japanese Beetle Control.

DRUG ADDICTS

38:21

Transfer to narcotic farms. *Narcotic Farms. 38:541

[blocks in formation]

Right-of-way. *National Forests. 40:389; 42:127

ECONOMIC COOPERATION ACT OF 1948

Foreign Assistance Act of 1961. *Agency for International
Development Guaranties. 42:183

Modification of loans made thereunder. *Rescheduling of
Indonesian Debt to the United States.

42:421

Preference given United States-flag commercial vessels for certain ocean cargoes. *Surplus Property. 41:192

ECONOMIC SECURITY

Committee on Economic Security and the Advisory Council on
Economic Security.

The President has authority, under the National Industrial
Recovery Act, to create the Committee on Economic Secu-
rity and the Advisory Council on Economic Security. (See
Executive Order No. 6757 of June 29, 1934.) 37:589

ECONOMY ACT

Civilian positions, optional pay. *Soldiers' Home D.C. 37:144
Compulsory Retirement. *Civil Service. 37:393

Compulsory Retirement for Age. *Civil Service. 37:187

Ediz Hook Spit Naval Reservation, Wash., transfer of jurisdiction. *Lands,. 37:431

Funds of Soldiers' Home. *Soldiers' Home. 37:144

Graduation leave for cadets.

*Leave of absence.

Granting of sick leave. *Leave. 37:67

Married persons clause

37:177

Section 213 of the Economy Act (47 Stat. 382), known as the "married-persons clause", was intended to establish a general legislative policy and is permanent legislation.

The retention and appointment preference statutes re

ECONOMY ACT-Continued

ferred to in question 2a (19 Stat. 169; 37 Stat. 413; 41 Stat. 37), are to the extent herein indicated in conflict with section 213 of the Economy Act, supra, and hence said statutes are to the extent of such conflict repealed.

The statute referred to in question 2b, relating to the employment of wives of soldiers and sailors (40 Stat. 956 sec, 5), is not in conflict with section 213 of the Economy Act, supra, and accordingly these statutory provisions may be administered together.

Section 213 of the Economy Act, supra, applies similarly to cases of outright dismissals and to furloughs of more than 90 days, but furloughs of less than 90 days can be given without reference to the civil service laws relating to reductions in personnel. 37:166

The Civil Service Commission is required by the provisions of section 213 of the Economy Act of June 30, 1932 (47 Stat. 406), to refuse to issue a certificate authorizing the reinstatement in a classified (competitive) civil service position of a former Government employee otherwise eligible, whose spouse is "in the service of the United States or the District of Columbia." The word "appointment" appearing in section 213, supra, should be construed as including “reinstatement.”

The Civil Service Commission must refuse to issue a certificate of reinstatement when the vacant position is not in the classified (competitive) service but it is desired by the appointing officer to have the person who is reinstated maintain a civil-service status for possible future transfer to a classified (competitive) position.

The Civil Service Commission may reinstate a person whose spouse is in the service of the United States or the District of Columbia, when there are, on the Commission's registers, no eligibles of a preferred status for the position to which the person seeks reinstatement.

Section 213 of the Economy Act, supra, is not prohibitive but is a preference statute which merely fixes an order of preference in the making of reductions and appointments 37:387

When reductions in personnel are required, persons entitled to annuities under the provisions of section 8 (a) of the Independent Offices Appropriation Act, 1934 (48 Stat. 305), may not be separated from the service of the United States Government or the District of Columbia before married persons under the provisions of section 213 of the Economy Act of June 30, 1932 (47 Stat. 406). 37:186

Reductions in Compensation. *Soldiers' Home, D.C. 37:144
Regulations for administrative procedure for adjustment be-
tween appropriations. *General Accounting Office. 37:559
Status of employees of Railroad Retirement Board. *Retirement.

Suspension of Conflicting Acts. *Civil Service. 37:187

EDUCATIONAL INSTITUTIONS

Surplus property; sales, gifts. *Surplus Property. 40:473

EFFICIENCY RATINGS

Minimum for military preference when reductions in force are made. *Military Preference. 38:79

Retirement Act. *Civil Service.

35:159

EGRESS AND INGRESS, RIGHTS OF

Rights-of-way. *National Forest.

EIGHTEENTH AMENDMENT

*Liquors. 33:335

EIGHT HOUR LAW

82:127

Applicability, employment under two contracts.

The act of June 19, 1912, prohibits the employment of laborers and mechanics more than 8 hours in any 1 day notwithstanding that the work is performed under 2 or more separate contracts. 39:333

Authority to establish regular workweek. *Public Printer. 41:282

Construction of law with reference to dredge workers.

Members of the crew of a dredge or other like floating plant are not laborers or mechanics within the meaning of the act of June 19, 1912, 36 Stat. 137, relating to the employment of laborers and mechanics on work performed under contract for the United States, and the provisions of the act are not applicable to their employment. 38:150

Government Printing Office, hours of service of female employees.

The provisions of the act of February 24, 1914 (38 Stat. 291), limiting the hours of service of female employees in the District of Columbia, are not applicable to the female employees of the Government Printing Office.

The Public Printer may not require employees, at the Government Printing Office, either male or female, engaged in the public printing, to render more than eight hours' service in any calendar day, except in case of such extraordinary emergency as is contemplated by the statute. (27 Stat. 340.) 33:355

Imposition of civil and criminal penalties.

The penalty prescribed in the act of June 19, 1912, for violation of the 8-hour provision in contracts is a civil or remedial sanction designed to insure faithful performance of that provision.

It may be exacted without regard to the institution or outcome of criminal proceedings under the act of Aug. 1, 1892, since both criminal and civil sanctions may be imposed for the same act or omission. The docrtines of double jeopardy and res judicata are inapplicable. 39:418

Nondiscrimination. *Contracts. 42:97

EIGHT HOUR LAW-Continued

Panama Canal pilots are not laborers or mechanics within the meaning of the Act of August 1, 1892.

(27 Stat. 340), as amended by the Act of March 3, 1913 (37 Stat. 726), and are not subject to the eight hour limitation on hours of service.

35:73

Public Works Outside the Territorial Limits of the United States. The provisions of the Acts of June 19, 1912 (37 Stat. 137), and August 1, 1892 (27 Stat. 340), restricting the hours of service to be performed by laborers and mechanics on the public works of the United States to eight hours each day, do not apply to work to be performed by alien laborers and mechanics upon public works of the United States within the territorial limits of a foreign country. 34:257 Railoads owned by United States.

In the administration of the 8-hour law the term "laborers and mechanics" has been given a somewhat broad meaning. The statute has heretofore been applied in connection with the operation of trains for hau'ing materials on short lines of railroad owned and operated by the Government but not performing services as common carriers.

Held, the Secretary of War should continue to apply the 8-hour law in connection with such operations on the railroad at the Fort Peck damsite. 39:232

Voluntary instruction, Civilian Conservation Corps.

The underlying purpose of the law is to confer upon workmen the benefits supposed to flow from a reduction of their labor to 8 hours a day. While to the extent necessary to guarantee such benefits to statute should be construed liberally, it is not to be extended to cases not clearly within its terms or to those exceptional to its spirit and purpose.

Voluntary instruction offered by employees of the Civilian Conservation Corps to enrollees does not come within the purview of the statute. 39:322

ELECTIONS

Officers, Philippine Islands. *Philippine Islands. 38:235 ELECTRIC POWER

Disposition of surplus.

The provision of section 5 of the Flood Control Act of 1944 (58 Stat. 887, 890), that in the sale of surplus power generated at certain Federal reservoir projects the Secretary of Interior shall give a preference to public bodies and cooperatives, must be construed to mean that if there are two competing offers to purchase such power, one by a preference customer and the other by a non-preference customer, and the former does not have at the time the physical means to take and distribute the power, the Secretary of Interior must contract with the preference customer on condition that within a reasonable time to be fixed by him, it will obtain the means for taking and distributing the power.

ELECTRIC POWER-Continued

If within such period the preference customer does not do so the Secretary is then authorized to contract with the nonpreference customer, subject to the condition that should the preference customer subsequently obtain the means to take and distribute the power, the Secretary will be enabled to deal with the preference customer.

Nor is the preference requirement satisfied by disposition of the power to a non-preference customer under an arrangement whereby it obligates itself to sell an equivalent amount of power to preference customers to be designated by the Secretary of Interior. 41:236

Loans. *Rural Electrification Act. 40:139

*National Parks. 35:208

ELECTRIC UTILITY CONTRACTS

Validity. *Atomic Energy Commission. 41:187

EMBEZZLEMENT

Funds of Federal Reserve banks, etc. Embezzlement by officers or employees. *Security Service.

EMERGENCY

38:304

Existence necessary for use of naval forces in law enforcement. *Liquors. 33:562

EMERGENCY ADJUSTED COMPENSATION ACT

Loans to veterans on adjusted service certificates.

The Emergency Adjusted Compensation Act, 1931 (46 Stat. 1429), does not authorize the making of loans to veterans on adjusted service certificates which have been in effect less than two years. 36:435

EMERGENCY AGENCIES

Compensation of personnel paid from emergency appropriations.

Executive Orders Nos. 6440 and 6554, dated November 18, 1933, and January 10, 1934, respectively, apply only to emergency agencies authorized by law to employ personal services and fix the rates of compensation therefor without regard to the Classification Act of 1923, as amended.

Unless and until the President specifically designates how the rates of compensation of the personnel of regular departments and establishments paid from funds allocated from emergency appropriations shall be fixed, the heads of such departments and establishments may fix the compensation of such personnel without regard to the Classification Act or to the salary-standardization schedule prescribed by Executive Order No. 6440. 37:493

Purchase of passenger-carrying vehicles with funds allocated from National Industrial Recovery appropriation. *Passenger-carrying vehicles. 37:470

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