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CLAIMS Continued

Claim of the Netherlands Government under section 3 of the Dent Act. The agreement made between the representatives 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 government, is within the purview of section 3 of the Dent Act (40 Stat. 1273).

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 section 3 of the Dent Act, supra.

The action taken by Assistant Secretary Wainwright, as indicated in his letter and memorandum of April 12, 1922, was not an adjustment or an adjudication of this claim under section 3 of the Dent Act, supra. 36:547

See Compromise.

CLASSIFICATION ACT

Administrative Procedure Act, promotion to Chief Hearing Examiner. *Civil Service.

42:289

Allocation of positions in the Department of Commerce.

There is nothing in the phraseology of the definitions of Grade 6 of the Professional and Scientific Service and Grade 13 of the Clerical, Administrative, and Fiscal Service, as contained in the Classification Act of 1923, to prevent the allocation of positions described in these grades to the maximum grades of their respective services. 34:118

Appointments and promotion of women. *Civil Service. 42:157 Authority to establish regular workweek. *Public Printer. 41:282

Disregard in rates of pay for personnel, emergency agencies. *Emergency Agencies. 37:493

*District of Columbia.

Hearing examiners, Administrative Procedure Act. *Civil Service.

[blocks in formation]

Rationing boards. *Compensation. 40:191

Salaries, Library of Congress. *Library of Congress. 41:62

Salary augmented by honorarium. *Library of Congress. 41:62 Supergrade positions, Office of Civil and Defense Mobilization. *Civil Service. 41:419

CLAYTON ACT

Certain steel companies, merger. *Mergers. 33:225
Sec. 3.

*Contracts. 36:524

Sec. 8. *Joint-Stock Land Banks. 35:179

CLEARANCE OF VESSELS

*Vessels. 33:367; 34:244

CLEVELAND, OHIO

Chamber of Commerce, lease of banking quarters. *Federal
Reserve Bank.

34:527

*Marine Hospital Reservation. 34:419

Claim for damages caused by a member of Civilian Conservation
Corps. *Claims. 38:322

COAL

Bituminous Coal Act, 1935.

*Shipping. 38:418

Import tax. *Attorney General. 37:34
Legality of Plan to Prevent Shortage of Coal.

Where and when an emergency exists on account of the shortage of coal for use in interstate commerce and in the transportation of the mails and when the price of coal for such purposes and for the general necessities of the people has been unjustifiably and unbearably increased by operators who produce a large supply, associations such as the herein proposed plan contemplates to act with and under governmental agencies to meet the existing emergency, more equitably to distribute coal, and to prevent extortion in the price thereof while acting with and under governmental agencies for the purposes aforesaid, are legal.

If the Interstate Commerce Commission finds the existence of an emergency such as the Secretary of Commerce describes, that body has ample and unquestioned authority to provide such rules and regulations as will enable the proposed plan to be carried into operation. 33:254 Liability of naval officers for coal furnished by Navy. *Navy. 33:543

Transportation by foreign corporations. *Income tax. 33:221

COAL AND ASPHALT DEPOSITS

Disposition of advance royalties paid by lessees.

The Pierce Coal Company having purchased, under the Act of February 8, 1918 (40 Stat. 433), the coal and asphalt deposits underlying a certain tract in the segregated coal and asphalt lands of the Choctaw and Chickasaw Nations, Okla., upon which tract advance and deficit royalties had been paid by a lessee as required by section 29 of the Act of June 28, 1898 (30 Stat. 510), the said Pierce Coal Company is not entitled to payment to it of the advance and deficit royalties paid by said lessee.

The rules and regulations of the Secretary of the Interior, promulgated September 24, 1918, authorizing the payment to purchasers of such coal and asphalt deposits of advance royalties to the credit of lessees, are inconsistent with the Act of February 8, 1918 (40 Stat. 433), and consequently void. 35:259

COAL DEPOSITS

*Coal and Asphalt Deposits. 35:259
*Lands. 36:473

COAL MINES

Strikes. *Labor disputes. 40:306, 500

COAST GUARD

Contracts for alteration or repair of vessels. *Shipping. 38:418
Correction of military and naval records. *Records. 41:10, 71
Correction of records, Articles of War amended. See also Army,

Navy. 41:49

40:504
*Records. 41:12

Correction of records, Discharges. *Records.
Correction of records, relief previously denied.
Correction of records, retirement date changed. *Army, Navy
and Air Force. *Records. 41:94

Eligibility of Maritime Service administrative enrollees. *Retire-
ment. 41:115

Erection of garage on government land, Chicago, Ill. *Lands. 37:356

Promotion of officer. *Marine Corps.

41:291

Precedence in official rank among certain officers.

Lieutenant T. Y. Awalt, of the Coast Guard, is not entitled to precedence in official rank above certain other lieutenants, former temporary officers, by reason of the fact that his first commission, as ensign (engineering), preceded in point of time their respective commissions as lieutenants, which were their first permanent commissions.

Nothing in the language of the act of July 3, 1926 (44 Stat. pt. 2, 815), indicates that Congress intended that a subordinate officer, upon promotion to a higher grade, should supersede in rank temporary officers previously appointed to such higher grade.

Under the circumstances herein stated, Lieutenant Awalt is not entitled to official rank above Lieutenants Hilton, Rosenthal, Meals, Kelliher, Smith, Higbee, and Wilcox, or any of them.

37:43

Retirement, restoration to active duty. *Retirement. 40:178
Service benefits allowed, correction of records.

Air Force. *Records. 41:203

Transfer to Navy.

*Army, Navy,

The President is authorized by the act of January 28, 1915 (14 U.S.C. 1), to transfer the Coast Guard to the Navy Department in times of peace, whenever, in his judgment, the exigenices require such action. 40:32

Voluntary grant by South Carolina. *Lands. 39:366

COASTWISE TRADE

*Alaska Railroad. 37:590

Establishment of load lines.

Foreign vessels.

*Vessels.

*Vessels. 48:413
35:42, 317

COASTWISE TRADE—Continued

Nonapplicability of Foreign Dredge Act to the Virgin Islands.
*Foreign Dredge Act of 1906. 42:189

Ship abandoned to foreign insurer. *Shipping. 40:342
*Shipping. 37:50

*Vessels. 33:1; 34:340, 355; 36:302, 352

COCA LEAVES

Derivative, tropacocaine hydrochloride. *Narcotic Drugs. 36: 258

CODES OF FAIR COMPETITION

Authority to impose civil penalties for violations of codes of fair competition.

The National Industrial Recovery Act does not authorize the President to impose civil penalties for violations of codes and regulations, or to compromise civil or criminal liability arising under the act. 33:579

Prohibiting dismissal of employees for reporting violations of codes.

The President has authority under section 10 (a) of the National industrial Recovery Act to prescribe a regulation prohibiting employers from dismissing employees for making a complaint or giving evidence with respect to alleged violations of codes of fair competition. (See Executive Order No. 6711 of May 15, 1934.) 33:515 Government contracts for supplies. *Contracts. 37:199, 253 Noncompliance with, in sales to Government. *National In

dustrial Recovery Act. 37:468 Penalty for Violation.

National Industrial Recovery Act. 37:423 Philippine Islands. *Philippine Islands. 37:360

COINAGE OF SILVER

The President has authority to proclaim and put into effect a plan for the unlimited coinage (at the present fixed ratio to gold and subject to 50 percent seigniorage) of domestic silver produced after the effective date of the proclamation.

COLLATERAL SECURITIES

*Securities. 33:539

37:344

COLLECTIONS OF CUSTOMS

Review of determinations. *Customs Laws. 39:457
Review of liquidations. *Customs Laws.

34:311

COLLECTORS OF INTERNAL REVENUE, DEPUTY

Retirement Act. *Civil Service. 34:192

COLLEGES

Agricultural land grant. *Military Tactics. 36:297

COLLISION

Automobile with road gates. *Jurisdiction. 33:306

273-509 0 -79 14

COLORADO RIVER COMPACT

*Boulder Canyon Project Act. 36:72

COLUMBIA INSTITUTE FOR THE DEAF
Authority to lease land.

The Columbia Institution for the Deaf has no authority to lease a part of its real estate to the Federal Works Agency except pursuant to a special act of the Congress as provided in section 4861 R.S. 40:157

COMMERCE

Airman certificates.

*Civil Aeronautics Act. 40:3

Antitrust laws. *Aircraft. 40:335

40:254, 494

*Civil Aeronautics Act. 40:95, 112, 136, 395
Collective bargaining agreement. *Railroads.
Freight charges, time for payments. *Carriers. 40:353
Pooling of traffic. *Carriers. 40:162

Railroad Adjustment Board.

*Railroads. 40:212, 218

Railway Labor Act, majority vote. *Railroads. 40:541

Shipping information exchanged. *Confidential Information. 41:35

COMMERCE DEPARTMENT

Administration of Merchant Marine Act of 1920. *Shipping. 37:50

Allocation to maximum of grade. *Classification Act, 1923.
34:118

Business organizations defraying expenses of agents of the
Department of Commerce.

Under the circumstances herein stated no Federal statute would be violated by the proposed arrangement by which business organizations assume the payment of the transportation expenses and hotel bills of agents of the Department of Commerce when such agents are sent to address these organizations on the work carried on by the department through its Division of Simplified Practice. 33:273 Delegation of authority. *Officers. 39:371, 382, 541

Mines Bureau transferred from Interior Department. *Mines
Bureau. 34:500

Publication of supplements to Commerce reports.

Any material which might be included in the regular edition of "Commerce Reports" may be published as a "Supplement to Commerce Reports," and, under the act of June 25, 1910 (36 Stat. 821), 20,000 copies of any such supplement may be printed. 33:157

Purchase of cards for tabulating machines. *Contracts. 36:524
Reorganization Plan. *Public Roads Administration. 41:23
Transfer of lighthouse reservations. *Lighthouse Service.
33:436

Validity of contract for rental of tabulating machines. *Contracts.

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