Sec.

3.1. Printing and binding for use of Veterans' Administration. [New.]

10.

11.

Authority of Administrator to compile all Federal laws relating to veterans' relief. [New.]

Certain Treasury receipts to be deposited as miscellaneous receipts effective July 1, 1935; annual appropriations therefrom authorized. [New.]

11.1. Trust fund receipt account in the Treasury to be designated "unclaimed moneys of individuals whose whereabouts are unknown"; operation. [New.]

11.2. Permanent appropriations to be considered as trust funds. [New.]

16.1. Furnishing of obsolete cannon or ordnance to Veterans' Administration Homes. [New.]

Sec.

23.1. Same; employees and rates of pay. [New.] 32.

Disbursing functions of the United States exercised by any agency transferred to the Treasury Department. [New.]

48.1. Subpenas for compelling attendance of witnesses; administration of oaths; assistance to claimants; investigations. [New.]

48.2. Oaths, affirmations, and affidavits authenticated by seal of Vets. Adm., status in courts of U. S. [New.]

48.3. Disobedience to subpenas issued by Vets. Adm., penalty. [New.]

48.4. Repeal of laws authorizing issuance of subpenas, investigations, and administering of oaths. [New.] 76.1. Same; checks drawn on Treasurer of United States; when payable. [New.]

1. Consolidation and coordination of governmental activities affecting war veterans.—

NOTES OF DECISIONS

Consolidation of Pension Bureau.-The Office of Commissioner of Pensions was consolidated into the Veterans' Administration by Executive Order No. 5398 of July 21, 1930, and all functions and duties heretofore performed by the Commissioner of Pensions relative to the retirement laws are now administered by offices or services in the Veterans' Administration. (37 Op. Atty. Gen. 472.) [NOTE--Subsequent to this opinion there was issued Ex. O. 6670, Apr. 7, 1934, transferring (civilian) retirement functions from the Vets. Adm. to the Civil Service Commission.]

2. Laws relating to hospitals, bureaus, agencies, and offices consolidated by chapter.

NOTES OF DECISIONS

Effect on procedural statutes.-(14 Comp. Gen. 780, as modified by 15 Comp. Gen. 251.)

3. Administrator of Vets. Affairs; appointment; salary, functions, powers, and duties.

EDITORIAL NOTE

Brigadier General Frank T. Hines, who had served as Director of the U. S. Veterans' Bureau from Mar. 1, 1923, was appointed Administrator of Veterans' Affairs. The appointment was confirmed by the Senate on July 21, 1930.

CROSS REFERENCE

The last sentence of this section also appears in s. 1601, Chaper XXIV, "Appeals." Other provisions enacted since the publication of Sen. Doc. No. 131, 72d Cong., relative to appeals are to be found in Chapter XXIV, this Supplement, q. v. NOTES OF DECISIONS

Replacement of bridge on Vets. Adm. reservation.-The appropriations under the Vets. Adm. are not available for purchase of material

with which to replace a bridge within the exterior boundaries of a Vets. Adm. reservation owned by the United States, where it is shown that the bridge is not mentioned in the deed to the United States and that the county road runs over the bridge and is used by the general public. (14 Comp. Gen. 504.)

Consent to abandonment of highway traversing and adjoining facil ity. On the question of the Administrator's authority to consent to the abandonment of a certain highway, one section of which traverses and another of which constitutes a portion of the boundary of the facility at Bath, N. Y., the easement of the U. S. in the highway beyond the confines of the facility is a vested right which the Adm'r. is not authorized to surrender. Unless otherwise provided, it is for Congress to determine whether the rights of the U. S. shall be surrendered. Since no other provision has been made, only Congress can give consent. (38 Op. Atty. Gen. 474.)

3.1. Printing and binding for use of Vets. Adm.The Administrator of Veterans' Affairs is authorized to utilize the printing and binding equipment which the various hospitals and homes of the Veterans' Administration use for occupational therapy purposes for the purpose of doing such printing and binding as may, in his judgment, be found advisable for the use of the Veterans' Administration, notwithstanding the provisions of section 87 of the Act entitled "An Act providing for the public printing and binding and the distribution of public documents", approved January 12, 1895, and section 11 of the Act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1920, and for other purposes, approved March 1, 1919 (U. S. C., title 44, sec. 111). (June 16, 1933, c. 101, s. 1, 48 Stat. 302; Feb. 2, 1935, c. 3, s. 1, 49 Stat. 18; Mar. 19, 1936, c. 156, s. 1, 49 Stat. 1182; 44 U. S. C. 111b.)

HISTORICAL NOTE

This is a proviso which first occurred in Public No. 78, 73d Cong., entitled "An Act Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes", and which was repeated in Pub. No. 2 and Pub. No. 479, 74th Cong., entitled respectively, "An Act Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices for the fiscal year ending June 30, 1936, and for other purposes", and "An Act Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1937, and for other purposes."

Section 87 of the Act of Jan. 12, 1895, referred to in the Section, read as follows:

"All printing, binding, and blank books for the Senate or House of Representatives and for the Executive and Judicial Departments shall be done at the Government Printing Office, except in cases otherwise provided by law."

It was re-stated, with amendments, as a proviso of Section 11 of the Act of March 1, 1919, also referred to in the Section, reading as follows:

“Provided further, That on and after July 1, 1919, all printing, binding, and blank-book work for Congress, the Executive Office, the judiciary, and every executive department, independent office, and establishment of the Government, shall be done at the Government Printing Office, except such classes of work as shall be deemed by the Joint Committee on Printing to be urgent or necessary to have done elsewhere than in the District of Columbia for the exclusive use of any field service outside of said District."

4. Same; powers and duties; duties of officers and employees; rules and regulations; proofs and evidence; forms of applications; investigations; medical examination; adjudications and awards.

CROSS REFERENCES

For authority to make administrative regulations under the World War Adjusted Compensation Act and the Adjusted Compensation Payment Act, 1936, see s. 928 and s. 945 respectively.

For transfer of functions of prosecuting and defending insurance claims under s. 19, WWVA [s. 820 hereof], see s. 820.1.

NOTES OF DECISIONS

Powers of Administrator.-Privileges under War Risk Insurance Act are subject to Veterans' Bureau Director's discretion to set aside his or his predecessor's orders and such discretion is not controllable by mandamus. (U. 8. ex rel. Finley v. Hines, 25 F. (2d) 544, 58 App. D. C. 120.)

Administrator of Veterans' Affairs held "person having interest" in estate of insane war veteran receiving compensation from Veterans' Bureau, entitled to appeal from order of probate court striking exception to allowance of compensation to guardian of veteran's estate in annual settlement. (Hines v. Hook, 89 S. W. (2d) 52.)

While the statute specifies certain physical ailments as a cause for hospitalization of a veteran, we think that for the purpose of applying the World War Veterans' Act no court is authorized to consider the fact of their existence and therefrom decide that he is entitled to hospitalization under the act. This we think is true no matter how obvious the fact may be. The Director of the Bureau, as we construe the law, alone is authorized to determine the facts or institute proceedings for the determination thereof, and order the hospitalization of the veteran or certify to his right thereto. (Reynolds v. U. 8., 78 Ct. Cl. 401.)

Conclusiveness of decisions.-Decision of Veterans' Bureau or Administrator on compensation claim under World War Veterans' Act is

not subject to judicial review unless wholly unsupported by evidence, wholly dependent on questions of law, or clearly arbitrary or capricious. (Smith v. U. S. (C. C. A. Ark.) 83 F. (2d) 631.) (Also see Hines ▼. Starnes, 26 F. (2d) 997, 58 App. D. C. 219.)

Where administrator of veterans' affairs after judgment and award for insured under yearly renewable war risk term policy, determined that insured was no longer totally and permanently disabled and refused further payments, issues sought to be raised by insured who desired further payments held not controllable by mandamus. (U. S. ea rel. Wilkinson v. Hines, 73 F. (2d) 514, 64 App. D. C. 5.) The provision giving conclusiveness to certain decisions of the Director is valid. (Ex parte Rickell's Estate, 149 A. 446.)

Decision of Director of Veterans' Bureau that veteran could not collect both pay of retired enlisted man and of retired emergency officer held not arbitrary or capricious, precluding mandamus. (U. S. ex rel. Bowling v. Hines, 50 F. (2d) 330, 60 App. D. C. 180.)

Award of compensation, if discretionary with Director cannot be controlled by mandamus unless acts become arbitrary. (Hines v. Welch, 23 F. (2d) 979, 57 App. D. C. 371.)

Authority to regulate.-A regulation as to what constitutes total and permanent disability for war risk insurance purposes has been held not to be retroactive. (Miller v. U. S., 79 L. Ed. 917, reh den 79 L. Ed. 1262.)

Veterans' administrative regulation that loss of one hand and one eye should be deemed total permanent disability under war risk insurance held invalid because not within legislative grant of power to make regulations. (Id.)

Statutory right of claimants of war risk insurance to suspension of period of limitation could not be cut down by giving retroactive effect to order of Veterans' Administration. (Lopez v. U. S. (C. C. A. N. C.) 82 F. (2d) 982.)

Regulations respecting cancellation of war risk insurance at insured's request and providing days of grace therefor held retrospective in operation. (Baker v. U. S. (C. C. A. Tex.) 24 F. (2d) 766.)

Bureau of War Risk Insurance held to have statutory power to make regulations retrospective to carry out benevolent purposes of act. (Id.) Word "continuously" used in regulation under War Risk Insurance Act, defining "total disability", should be construed as meaning with reasonable regularity. (Ford v. U. S. (C. C. A. Mass.) 44 F. (2d) 754.)

Veterans' Bureau regulation delegating to claim board authority to question validity of War Risk Insurance, subject to final adjudication, held authorized. (Beehler v. U. §. (C. C. A. Ky.) 40 F. (2d) 313.) Veterans' Bureau Director's order held not limitation on probate court's power to allow reasonable compensation to guardian of veteran receiving compensation. (Keating v. Hession, 172 N. E. 111.)

Regulation of director of war risk insurance that war risk policy issued to one totally and permanently disabled should be effective as life insurance, but not as insurance against such disability, held valid and became part of insurance contract. (Hicks v. U. S. (C. C. A.) 65 F. (2d) 517.)

Quasi judicial acts.-Award by Administrator of compensation to disabled soldier is quasi judicial act involving discretion, making man. damus improper. (Smith v. U. S. (C. C. A. Ark.) 83 F. (2d) 631.)

5. Same; medical care and treatment of beneficiaries; securing additional hospital facilities; transfer of hospitals from Treasury Department and Public Health Service; recreational facilities for patients in hospitals.

"June 7, 1924, c. 320, s. 10, 43 Stat. 610" should be added to the citation.

Although section 17 of Title I, Pub. No. 2, 73d Congress, March 20, 1933, s. 435.17 hereof, repealed many provisions of the WWVA, this section, by virtue of section 7 of Title I, Pub. No. 2, s. 435.7 hereof, was specifically saved from repeal.

A Regional Director has no power to take an appeal in a matter involving the estate of an incompetent veteran who was represented by special guardian, the federal government having no interest and the state statute limiting the right to appeal to "aggrieved persons." (In re Pariser's Estate, 245 N. Y. S. 694.)

8. Authority for appointment of technical and administrative staff of administrator; employees subject to civil-service rule; exceptions.

Although section 17 of Title I, Pub. No. 2, 73d Congress, March 20, 1933, s. 435.17 hereof, repealed many provisions of the WWVA, this section, by virtue of section 7 of Title I, Pub. No. 2, s. 435.7 hereof, was specifically saved from repeal.

The editors of U. S. C. consider this section as having been superseded by sections 1 and 2 of the "Consolidation Act" of July 3, 1930, ss. 1 and 2 of this Compilation.

9. Authority of Administrator to sell, lease, or exchange surplus equipment, supplies, products, etc., including articles produced by patients; lease lands or buildings under his control.—

(a) Although section 17 of Title I, Pub. No. 2, 73d Congress, March 20, 1933, s. 435.17 hereof, repealed many provisions of the WWVA, this subsection (June 7, 1924, c. 320, s. 29, 43 Stat. 615; 38 U. S. C. 455), by virtue of section 7 of Title I, Pub. No. 2, s. 435.7 hereof, was specifically saved from repeal.

(b) For annotations relative to disposal of occupational therapy products, see Notes of Decisions under s. 572.

10. Authority of Administrator to compile all Federal laws relating to veterans' relief.-The Administrator of Veterans' Affairs is authorized to compile and publish all Federal laws relating to veterans' relief, including such laws as are administered by the Veterans' Administration as well as by other agencies of the Government, in such form as he may, in his discretion, deem advisable for the purpose of making currently available for the use of the Veterans' Administration and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans' relief in convenient form, and the Administrator is further authorized to maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation: Provided, That funds from the printing and binding appropriation for the Veterans' Administration may be used for this pur

126824-37-2

pose and the distribution of the compilation to the representatives of the several service organizations shall be determined by the Administrator of Veterans' Affairs. (June 20, 1936, c. 651, s. 1, 49 Stat. 1569, 1570; 38 U. S. C. 10.)

HISTORICAL NOTE

This is section 1 of Pub. Res. No. 117, 74th Cong., "Joint Resolution Authorizing the Veterans' Administration to prepare and publish a compilation of all Federal laws relating to veterans of wars of the United States." The second section of this resolution is temporary in nature and provides as follows: "Distribution of the supply remaining in the Veterans' Administration of Senate Document Numbered 131, Federal Laws Relating to Veterans of Wars of the United States, shall be made in the discretion of the Administrator of Veterans' Affairs, notwithstanding the provisions of Senate Concurrent Resolution Numbered 29, Seventy-second Congress, first session."

Senate Document No. 131, 72d Congress, referred to in the above quoted section was published pursuant to Senate Resolution No. 412, 71st Congress, Jan. 21, 1931, reading as follows: "Resolved, That the Administrator of Veterans' Affairs is requested to prepare and transmit to the Senate, in form suitable to be printed, a codification of all Federal laws relating to the veterans of our various wars, which codification shall contain (1) appropriate explanatory notes and annotations to each section of such codification and (2) suitable headings, reference tables, and indices, for the purpose of making available a clear and complete statement of all the rights and privileges of such veterans."

11. Certain Treasury receipts to be deposited as miscellaneous receipts effective July 1, 1935; annual appropriations therefrom authorized.-(a) Effective July 1, 1935, all receipts of the character theretofore credited to the appropriation accounts appearing on the books of the Government and listed in subsection (b) of this section shall be deposited into the Treasury as miscellaneous receipts, and amounts equal thereto are authorized to be appropriated annually from the general fund of the Treasury for the same purposes for which such receipts are now appropriated. Appropriations to which expenditures under such accounts have been chargeable theretofore are hereby repealed, effective on such date: Provided, That if the total of receipts for any one fiscal year for any of the foregoing purposes under this authority is greater than the amounts appropriated for such purpose, such excess is authorized to be appropriated for the following fiscal year.