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to 1936 and it was unnecessary for the State | ployer contended that the act of Congress thereafter to make any formal declaration of June 25, 1936 was a delegation of Conthat its Act was applicable. Capetola v. Bar- gressional jurisdiction in conflict with Art. I, clay White Company (C. C. A. 3, 1943), 139 Sec. 8, Cl. 17 of the Federal Constitution and F (2d) 556. that, in any event, it was ineffective prior to acceptance by the Oklahoma legislature. Award sustained. Held: Art. I, Sec. 8, Cl. 17, applies only to lands purchased by the United States with the consent of state legislatures; it has no application to lands acquired by the United States without the consent of the state legislature, exclusive jurisdiction over which has been ceded subsequently by the state legislature. The act of Congress of June 25, 1936 was a valid partial recession of jurisdiction, not a delegation of Congressional authority. The Oklahoma Workmen's Compensation Law of 1915 applied to the whole state and was merely in abeyance on the Fort Sill reservation until enactment of the act of Congress of June 25, 1936, when it became effective on the Fort Sill reservation without the necessity of acceptance by the Oklahoma legislature. Ottinger Bros. v. Clark (Okla., 1942), 131 P. (2d) 94.

Military reservations.-Proceeding to review an award of workman's compensation made for an injury sustained on the Fort Sill military reservation on May 15, 1941. Fort Sill was set aside as a military reservation prior to 1907. Oklahoma was admitted to the union in 1907. The Oklahoma legislature ceded exclusive jurisdiction over Fort Sill (subject to certain reservations not material in this case) to the United States in 1913. The Oklahoma Workmen's Compensation Law, under which the award was made, was enacted in 1915. By the act of June 25, 1936, Congress authorized the enforcement of state workmen's compensation laws within areas subject otherwise to the exclusive jurisdiction of the United States. By an act of June 4, 1941 the Oklahoma legislature accepted the provisions of the act of Congress of June 25, 1936. The em

617. Details from Government Printing Office.

The second paragraph of this section has been repeated in subsequent appropriation acts, including Legislative Branch Appropriation Act, 1945 (58 Stat. 353).

618a. Details to American Republics, Philippines, and Liberia.-That the President of the United States be, and hereby is, authorized, whenever he finds that the public interest renders such a course advisable, upon agreement with the government of any other American republic or the Government of the Commonwealth of the Philippine Islands, or the Government of Liberia, if such government is desirous of obtaining the services of a person having special scientific or other technical or professional qualifications, other than those persons covered by the Act of May 19, 1926 (44 Stat. 565), as amended by the Act of May 14, 1935 (49 Stat. 218), from time to time to detail for temporary service of not exceeding one year at a time, under such government, any such person in the employ of the Government of the United States: Provided, That the President may, in extraordinary circumstances, extend the period of such detail for one or more additional periods of not to exceed six months each: Provided further, That while so detailed, such person shall be considered, for the purpose of preserving his rights and privileges as such, an officer or employee of the Government of the United States and of the department or agency from which detailed and shall continue to receive therefrom compensation, and he may receive additional compensation from the department or agency from which detailed not to exceed 50 per centum of the compensation he was receiving as an officer or employee of the United States at the time of detail, and shall receive from the United States reimbursement for travel expenses to and from the place of detail and monthly allowances determined by the President to be adequate for quarters and subsistence during the period of such detail. The additional compensation, travel expenses, and other allowances authorized by this Act to be paid to any such officer or employee shall be paid from any appropriations available for the payment of compensation and travel expenses of the officers and employees of the department or agency from which he is detailed: Provided, however, That if any government to which a detail is authorized by this Act shall express the desire to reimburse

this Government in whole or in part for the expenses of such detail, the President is authorized, when he deems it in the public interest, to accept such reimbursement and the amount so received may be credited to (a) appropriations current at the time the expenses of such detail are to be or have been paid (b) appropriations current at the time such amounts are received, or (c) in part as provided under (a) and in part as provided under (b) hereof; and such amount shall be available for the purposes of the appropriations to which credited: And provided further, That if any such government shall express the desire to provide advances of funds to be used by this Government, in whole or in part for the expenses of such detail, the President is authorized, when he deems it in the public interest, to accept such advances of funds, and the amounts so received may be established as a trust fund, to be available for the purpose and under the provisions of this Act until the termination of the detail; any unexpended balance of the trust fund to be returned to the foreign government making the advance. Act of May 25, 1938 (52 Stat. 442); act of May 3, 1939 (53 Stat. 652); 5 U. S. C. 118e.

This section has been amended as above.

Regulations for administration were promulgated in Executive Order No. 8197, July 11, 1939, as amended by Executive Order No. 9190, July 2, 1942.

By act of June 29, 1940 (54 Stat. 691) as amended by act of July 14, 1941 (55 Stat. 591), the President was authorized, subject to the provisions of this section, to detail the chief designing engineer of the Bureau of Reclamation, Interior Department, for temporary service under the governments of New South Wales, Australia, and Punjab, India.

619. Details to Civil Service Commission.—* * * Provided, That no details from any executive department or independent establishment in the District of Columbia or elsewhere to the Commission's central office in Washington or to any of its regional offices shall be made during the fiscal year ending June 30, 1945, but this shall not affect the making of details for service as members of the boards of examiners outside the immediate offices of the regional directors, nor shall it affect the making of details of persons qualified to serve as expert examiners on special subjects: *** Sec. 1, Independent Offices Appropriation Act of June 27, 1944 (58 Stat. 363).

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As repeated in Independent Offices Appropriation Act, 1945, the first paragraph of this section, based on section 1, act of February 20, 1929 (45 Stat. 1233), was modified as indicated above. A previous change was contained in Independent Offices Appropriation Act, 1944 (57 Stat. 172).

The third paragraph, based on section 5, act of July 3, 1930 (46 Stat. 1005); 5 U. S. C. 663a, has been eliminated from the Code.

620. Details to Executive Office.

This provision has been repeated in subsequent appropriation acts, including Independent Offices Appropriation Act, 1945 (58 Stat. 361).

621. Details to operate telegraph line connecting Capitol with executive departments.

This section, based on act of February 4, 1874 (18 Stat. 14); 40 U. S. C. 28, has been eliminated from the Code.

622. Detail to United Nations Relief and Rehabilitation Administration.— ** Provided further, That any officer or employee of any executive department, independent establishment, or agency who is detailed to the United Nations Relief and Rehabilitation Administration and compensated hereunder, either directly or by reimbursement of applicable appropriations or funds, shall, while so detailed, retain and be entitled to the rights, benefits, privileges, and status of an officer or employee of the United States and of the department, independent establishment, or agency from which detailed. Sec. 201, act of June 30, 1944 (58 Stat. 629).

624. Details to Offices of Secretary of War, Under Secretary of War, and Assistant Secretary of War.-* * * There shall be detailed to the Offices of the Secretary of War, the Under Secretary of War, and The Assistant Secretary of War from the branches engaged in procurement such numbers of officers and civilian employees as may be authorized by regulations approved by the Secretary of War. Sec. 5a, added to act of June 3, 1916, by sec. 5, act of June 4, 1920 (41 Stat. 765); sec. 2, act of Dec. 16, 1940 (54 Stat. 1224); 10 U. S. C. 1194.

** *This Act shall remain in force during the continuance of the present war, and for six months after the termination thereof, or until such earlier time as the Congress by concurrent resolution or the President may desig. nate. * ** Sec. 2, act of Dec. 16, 1940 (54 Stat. 1224); act of Dec. 15, 1944 (58 Stat. 807).

This section has been amended as above.

628. Dismissal on charges; exceptions.

[This paragraph expired] *** Provided further, That during the national emergency declared by the President on September 8, 1939, to exist, the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555; U. S. C., title 5, sec. 652), shall not apply to any civil-service employee of the War or Navy Departments or of the Coast Guard, or their field services, whose immediate removal is, in the opinion of the Secretary concerned warranted by the demands of national security, but nothing herein shall be construed to repeal, modify, or suspend the proviso in that section. Those persons summarily removed under the authority of this section may, if in the opinion of the Secretary concerned, subsequent investigation so warrants, be reinstated, and if so reinstated shall be allowed compensation for the period of such removal at the rate they were receiving on the date of removal: And provided further, That within thirty days after such removal any such person shall have an opportunity personally to appear before the official designated by the Secretary concerned and be fully informed of the reasons for such removal, and to submit, within thirty days thereafter, such statement or affidavits, or both, as he may desire to show why he should be retained and not removed. Sec. 6, act of June 28, 1940 (54 Stat. 679); 50 U. S. C. App. 1156.

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**Provided further, That notwithstanding the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555; U. S. C. title 5, sec. 652), the Secretary of War may remove from the classified civil service of the United States any employee of the Military Establishment forthwith upon a finding that such person has been guilty of conduct inimical to the public interest in the defense program of the United States and upon the giving of notice to such person of such charges: And provided further, That within thirty days after such removal such person shall have an opportunity personally to answer such charges in writing and to submit affidavits in support of such answer. Sec. 4(a), act of July 2, 1940 (54 Stat. 713); 5 U. S. C. 653. The provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555; U. S. C., title 5, sec. 652), shall not apply to any civil-service employee of the War or Navy Departments or of the Coast Guard, or their field services, whose immediate removal is, in the opinion of the Secretary concerned warranted by the demands of national security, but nothing herein shall be construed to repeal, modify, or suspend the proviso in that section. Those persons summarily removed under the authority of this section may, if in the opinion of the Secretary concerned, subsequent investigation so warrants, be reinstated, and if so reinstated may, in the discretion of the Secretary

concerned, be allowed compensation for all or any part of the period of such removal in an amount not to exceed the difference between the amount such person would normally have earned during the period of such removal, at the rate he was receiving on the date of removal, and the interim net earnings of such person: Provided, That within thirty days after such removal any such person shall have an opportunity personally to appear before the official designated by the Secretary concerned and be fully informed of the reasons for such removal, and to submit, within thirty days thereafter, such statement or affidavits, or both, as he may desire to show why he should be retained and not removed. Sec. 3, act of Dec. 17, 1942 (56 Stat. 1053). The above provisions are added as new paragraphs of this section. For statute referred to, see original text. By section 12, act of June 28, 1940, the first provision terminates June 30, 1942, unless otherwise provided by Congress. By section 4, act of December 17, 1942, the third provision is to remain in force for the duration of the war unless sooner terminated by concurrent resolution of Congress or by proclamation of the President, and is effective retroactively to June 30, 1942.

By Executive Order No. 8214, July 25, 1939, the time limitations on reinstatement eligibility of persons dismissed under section 213, Economy Act of June 30, 1932 (47 Stat. 406) because of their married status, were to run from July 25, 1939, rather than from date of actual separation.

By 2071, post, Government officers or employees may be summarily removed from office for unauthorized use of Government vehicles.

Notes of Decisions

appointed by him should be made by express provision or clearest implication. Id.

Power of removal. (2d Paragraph)-Change | President's executive power to remove officers citation to read: Layne v. Kirby (Cal., 1929), 278 P. 1046; reversed (Cal., 1930), 284 P. 441. (4th paragraph.)-Change citation to read: Golding v. U. S. (1934), 78 Ct. Cl. 682; certiorari denied (1934), 292 U. S. 643.

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The President has power to remove officer appointed by him as incident to power of appointment or under constitutional grant of authority or both, in absence of legislative limitation, regardless of whether such officer is predominantly engaged in exercise of quasi legislative or quasi judicial functions. Id.

The provision of Tennessee Valley Authority Act that Authority director, found guilty of violating provisions of act by President shall be removed from office by him, does not limit his executive power to remove officers appointed by him for other causes than those specifically stated in such act. Tennessee Valley Authority Act, secs. 2, 6, 8, 16 U. S. C. A., secs. 831a, 831e, 831g. Id. Any attempted legislative limitation of 646631-459

A postal clerk, who had been dismissed for participating as one member of committee of local association of post office clerks in publication of false newspaper statement charging that clerks had been discriminated against and dismissed for union activities, was not entitled to writ of mandamus to compel reinstatement on ground that he had been discriminated against because he was subjected to dismissal while other members of committee were subjected to lesser punishment, since determination of question of guilt as between members of committee was for postal authorities. 5 U. S. C. A., sec. 652; Rules of Civil Procedure for District Courts, rule 81(b). 28 U. S. C. A., following section 723c. Levine v. Farley, Postmaster General et al. (App. D. C., 1939), 107 F. (2d) 186; certiorari denied (1940), 308 U. S. 622.

Where plaintiff, who was appointed February 21, 1924, as a physician in the Veterans' Administration, was removed from such office on February 15, 1934, and where plaintiff on February 12, 1940, filed petition with the Court of Claims asking the court to restore him to his former position and to give judgment for the amount of back salary which he would have received if he had performed the duties of the office, said petition is dismissed since the Court of Claims has no jurisdiction to try title to office. Goodwin v. U. S. 76 C. Cls. 218, 233, 234. Hart v. U. S. (1940), 91 Ct. Cl. 308.

628a. Dual office.

By public resolution of September 13, 1940 (54 Stat. 885), the Federal Loan Administrator was authorized to continue in such office and to be appointed to the office of Secretary of Commerce, nothwithstanding any provision of law to the contrary.

630. Efficiency ratings; system established.

This section, based on section 4, act of August 23, 1912 (37 Stat. 413); 5 U. S. C. 648, has been eliminated from the Code.

631. Bureau of Efficiency.

This section, based on section 17, Title II, act of March 3, 1933 (47 Stat. 1519); 5 U. S. C. 651b, has been eliminated from the Code.

634. Efficiency not to be determined by time study.

This provision has been repeated in subsequent appropriation acts, including section 2, Military Appropriation Act, 1945 (58 Stat. 592).

635. Educational facilities in the District of Columbia.

The second paragraph of this section has been repeated in subsequent appropriation acts. As repeated in the District of Columbia Appropriation Act, 1945 (58 Stat. 515) this provision was made permanent by inclusion of the word "hereafter".

636. Employment; general provisions.

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The appropriations contained in this title under the general heading "Military Activities," shall not be available for the employment other than temporarily of classified personal services. Sec. 2, Emergency Supplemental Appropriation Act of Feb. 12, 1940 (54 Stat. 28).

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

636a. Employment of architects, engineers, and other technical and professional personnel.-Whenever deemed by him to be advantageous to the national defense, and providing that in the opinion of the Secretary of War the existing facilities of the War Department are inadequate, the Secretary of War is hereby authorized to employ, by contract or otherwise, outside architectural or engineering corporations, firms, or individuals for the production and delivery of the designs, plans, drawings, and specifications required for the accomplishment of any public works or utilities project of the War Department without reference to the Classification Act of 1923 (42 Stat. 1488), as amended (5 U. S. C., ch. 13), or to section 3709 of the Revised Statutes of the United States (41 U. S. C. 5). In no case shall the fee paid for any service authorized by this section exceed 6 per centum of the estimated cost, as determined by the Secretary of War, of the project to which such fee is applicable. Sec. 2, act of Aug. 7, 1939 (53 Stat. 1240); 5 U. S. C. 221.

[During the continuance of the present war and for six months after the termination of the war] when deemed by the Secretary of War to be advantageous to the national defense, and if in his opinion the existing facilities of the War Department are inadequate, he is hereby authorized to employ, by contract or otherwise, without reference to section 3709, Revised Statutes, and at such rates of compensation as he may determine, architectural, engineering, technical, or professional corporations, firms, or individuals for the production of plans and specifications required for any War Department project, and for the supervision of its accomplishment. Sec. 12, act of June 5, 1942 (56 Stat. 316); 50 U. S. C. App. 772.

Whenever, during the fiscal year ending June 30, 1945, the Secretary of War should deem it to be advantageous to the national defense, and if in his opinion the existing facilities of the War Department are inadequate,

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