further prosecution of suit against the bank.
Where check paid on forged indorse- ment, and amount has been reclaimed from ir dorsers and paid to rightful payee, there no longer exists debtor- creditor relationship between forger and United States, and there is no authority in the Government to col- lect from moneys due forger for in- demnifying indorsers... Where check paid on forged indorse- ment, the United States has right to recover amount from forger or in- dorsers, and may proceed against each concurrently, and when there has been concurrent recovery the amount recovered from indorsers is an excess collection for refurding to innocent indorsers. Lost-bond of indemnity-check for facility loan made by Farm Credit Administra- tion, sent by mail to borrower but not received by him, is outstanding obliga- tion for which appropriated funds must remain available, and credit for amount thereof on loan may be made only after execution of surety bond. Outstanding liabilities-enlistment allow- ance--where claim allowed and check not received by claimant because of his being in a state of desertion, and he was there- after apprehended and sentenced by court-martial to forfeit all pay and allow- ances, the proceeds of check, which have gone into outstanding liabilities, should be withdrawn by settlement of General Accounting Office and deposited to appro- priation against which check originally charged..
Bearer-Government does not issue checks payable to.... Deceased:
Liability of cashing bank-where, prior to receipt of notice of death of payee, check is issued to him by Veterans' Administration and nego- tiated by personal representative of estate, and statute under which check issued specifically bars payee's estate from participating in proceeds there- of, the bank at which check was cashed is liable thereon.... Where Government check is drawn to order of dead payee. such check, otherwise voidable, may be negoti ated only on authorization by Gen- eral Accounting Office placed on back of check. Reclamation:
Erroneously issued-negotiation of checks in favor of payee, as unremarried widow
of veteran, subsequent to her remar riage-Government not governed by provision in negotiable instrument law of California that maker of negotiable instrument admits existence of payee and his capacity to indorse, and recla- mation proceedings should be pressed.. 379 Forged indorsements:
Check delivered by local postmaster to
wrong person although of same name. Cashing bank liable, as person who negotiated check lived on different rural route number than that speci- fied in check......
Where bond of indemnity is furnished to secure issuance of duplicate ad- justed service certificate and both certificates are hypothecated for loans-the original by an impostor- the loss sustained by the Government on the loan made to the impostor may be recovered under the bond........ Where check, issued on valid applica- tion of veteran, with adjusted service certificate as security, was mailed to address shown on application but was intercepted and negotiated by other than rightful payee, and there was no negligence on part of the Gov- ernment, reclamation proceedings against cashing bank are authorized.. Where check negotiated on forged in- dorsement and paid by Treasurer of United States on basis of usual bank indorsements, and suit is thereafter filed against indorsing bank and in- dorsers, any settlement thereafter proposed by indorsing bank whereby payee agrees to accept from bank an amount less than face value of check and release United States from all claim is not a compromise, but may be treated as rendering unnecessary further prosecution of suit against the bank.
Where check paid on forged indorse- ment and amount has been reclaimed from indorsers and paid to rightful payee, there no longer exists debtor- creditor relationship between forger and United States, and there is no authority in the Government to col- lect from moneys due forger for in- demnifying indorsers.
Where check paid on forged indorse-
ment, the United States has right to recover amount from forger or indors- ers, and may proceed against each concurrently, and when there has been concurrent recovery the amount recovered from indorsers is an excess collection for refunding to innocent indorsers..
CIVIL SERVICE COMMISSION:
Jurisdiction-retirement annuities-no au- thority to reopen or reconsider claim for annuity finally settled by the Secretary of the Interior, in the absence of mistake of fact or presentation of newly discovered material evidence..
CIVIL WORKS ADMINISTRATION: Purchases from municipalities-where sup. plies for performance of Federal civil works were furnished by municipality and in which the work was performed con- trary to rules of the Administration pro- hibiting purchases from municipalities, and in disregard of provisions of sec. 3709, R. S., there is no authority for payment from Federal funds for such supplies when claim therefor is based upon estimate of quantity alleged to have been furnished, and it appears the municipality profited by the transaction......
CIVILIAN CONSERVATION CORPS: See Medical treatment. Exhibits-paintings-funds
for emergency conservation work may not be used for frames, mats, or other expenses incident to public exhibition of pictures painted by members of the Civilian Con- servation Corps. Members, deceased-cash effects should,
where there are no known relatives or creditors, be deposited in the Treasury to credit of trust fund account "Estate of Deceased Enrolled Members, Civilian Conservation Corps." Postal-savings certificates owned by deceased should be canceled by the Postmaster General and amount deposited to credit of trust fund account..
Forfeitures-bribe moneys forfeited and covered into Treasury as miscellaneous receipts, pursuant to order of court of competent jurisdiction-claim for re- fund not for reporting to Congress..... Limitations-provisions of act are not in- tended as means of reviving claims barred by statutory or regulatory limitation, such as claim for burial ex- penses not filed within time limit..... Medical treatment-it not appearing that injuries to deceased were caused by negligence of Government employee or that employee was responsible, there is lacking basis for report to Congress for payment of private medical bill in- curred prior to death..
CLAIMS-Continued.
Act Apr. 10, 1928-Continued. Sale of seized property-proceeds-claim for refund of moneys covered into Treasury pursuant to order of court of competent jurisdiction does not contain such elements of legal liability or equity as to justify reporting it to Congress... Fraudulent presentation of claim against the Government for greater amount than due vitiates claimant's right in entire claim.....
Remission--no official of the Government is authorized to give away or remit a claim due the United States.. Reopening-Administrative determina- tion-Civil Service Commission has no authority to reopen or reconsider claim for retirement annuity finally settled by the Secretary of the Interior, in the absence of mistake of fact or presentation of newly discovered material evidence...... Satisfaction-no authority of law for ac- ceptance of offer by debtor of the United States to deliver merchandise in payment of acknowledged obligation to the United States....
CLASSIFICATION :
Brookhart Act:
Field service:
Agriculture Department-in applying the act, supra, if no position in the departmental service in the District of Columbia subject to the classifica- tion act is found to be comparable to a field position, the field position must be placed or allocated adminis- tratively in one of the salary grades prescribed by the classification act as nearly comparable to a departmental position as is practicable..... Custodial Service except the mechan- ical labor force which is subject to 40- hour week, all employees paid under appropriation item "Operating force" for custodial service in public build- ings under Post Office Department, including those occupying positions transferred from Treasury Depart- ment to Post Office Department by Executive Order No. 6166, June 10, 1933, are subject to classification act as extended to field service by sec. 2 of Brookhart Act... In view of mandatory provisions of Brookhart Act extending principles of classification to field service, all new appointments to field positions sub- ject to classification act, as amended, must be at minimum salary rate of grade. Contrary rule in 5 Comp. Gen. 302 will no longer be followed... Phrase "so far as may be practicable" in sec. 2 of act, supra, only vests in administrative office discretion as to particular grade or salary range pre- scribed by classification act in which
CLASSIFICATION-Continued.
Brookhart Act-Continued. Field service-Continued.
field position is to be placed or allo- cated, and does not authorize fixing salary rate without regard to Classifi- cation Act... Field service:
Custodial Service-except the mechanical labor force which is subject to 40-hour week, all employees paid under appro- priation item "Operating force" for custodial service in public buildings under Post Office Department, includ- ing those occupying 'positions trans- ferred from Treasury Department to Post Office Department by Executive Order No. 6166, June 10, 1933, are sub- ject to Classification Act as extended to field service by sec. 3 of Welch Act and sec. 2 of Brookhart Act.. Salary rates:
Emergency agencies-while same or similar class of positions in the Dis- trict of Columbia and in the field under an emergency agency is re- quired by Executive order No. 6746, June 21, 1934, to be classified in the same Executive order grade, the sal- ary rates fixed for field positions may be either more or less than those fixed for positions in the District of Columbia provided, in either case, the maximum rate prescribed by the Executive order is not exceeded.. No authority for administrative action prescribing salary range for certain class of position in field service be- ginning at rate higher than minimum salary rate of range prescribed by Classification Act, as amended, for entire grade in which position is prop- erly placed or allocated.. War Department-suspension of classifi cation of regular positions in the field required by reason of provision of Econ- omy act prohibiting administrative promotions may be regarded as con- tinuing in effect, at least during current fiscal year, where there are shown in- sufficient savings in personnel appro- priations on an annual basis.. Reallocations:
Independent Offices' Appropriation Act, 1934:
Fact that failure to secure Presidential approval for administrative promo- tion from one grade to another was an oversight does not validate unlawful increase in compensation prohibited by statute as administrative promo- tion, nor does Presidential authoriza- tion for employee to occupy one posi- tion validate administrative promo- tion previously made without Presi- dential approval to another position.
CLASSIFICATION-Continued.
Reallocations-Continued.
Independent Offices' Appropriation Act, 1934-Continued.
Statute prohibiting use of appropriated funds for increase in compensation resulting from allocation or realloca- tion of position is applicable if duties actually being performed June 30, 1932, constituted basis of either original allocation or reallocation by Personnel Classification Board or Civil Service Commission subsequent to June 30,
Where employee prohibited by sec. 3, act June 16, 1933, from receiving in- crease in compensation as result of reallocation of position since June 30, 1932, based on duties and responsi- bilities as of June 30, 1932, approval of President of same increase not re- garded as taking case out of statute... New appointees-prohibition in act Mar. 28, 1934, against increased com- pensation to any officer or employee by reason of reallocation of position since June 30, 1932, does not preclude pay- ment to new appointee to such position at minimum salary of grade in which classified by reallocation....
Special, fixed by Executive order: Employees paid from allotted emergency funds:
Adjustments upward in salary rates of employees in regular executive de- partment paid
funds, made to adjust employees' compensation to one of rates fixed by Classification Act, as amended, or by Executive order requiring classi- fication for emergency positions, would be prohibited as administra- tive promotion in any case where in- crease in net rate of compensation equals or exceeds amount of one step in corresponding Classification Act grade.....
As personnel of Federal Alcohol Centro! Administration were originally assigned grades and salary rates prescribed by Executive Order No. 6440, and restated in Executive order No. 6746, in connection with any reclassification pursuant to the later order, no increase in compensation amounting to administrative pro- motion may be made unless there are available sufficient savings on annual basis..... Classification of emergency field posi- tions is mandatory. Rates fixed in Executive order schedule are maxi- mum only. Classification grade, either Executive order or regular classification act, must be shown on
CLASSIFICATION- - Continued.
Special, fixed by Executive order-Cont'd. Employees paid from allotted emergency funds-Continued.
pay rolls for all emergency positions in order that General Accounting Office may determine salary rate paid does not exceed rate fixed in Executive order for corresponding grade...... Employees appointed to positions
under supervision of Department of Agriculture in connection with mi- gratory water fowl restoration pro- gram are employees of that depart- ment, and positions are required to be classified.. Employees of Emergency Crop Loan Section of Farm Credit Administra- tion paid under appropriation pro- vided in Pub. Res. No. 16, Mar. 10, 1934, are emergency employees and their positions are required to be classified and their salary rates fixed pursuant to Executive Order No. 6746.
If Secretary of Agriculture elects to classify emergency field positions pur- suant to Executive Order No. 6746, rather than pursuant to classification act as extended to field service, the rates prescribed in the order are maxi- mum only, and there would be no legal objection to fixing annual salary ra.es less than such maximum, which may be paid on a daily basis if des.red.....
In fixing classification salary rates pur- suant to Executive order No. 6440, superseded by Executive Order No. 6746, there may not result increases in compensation which amount to administrative promotions in viola- tion of law.
No authority to grant administrative promotions in contravention of sec. 7, act Mar. 3, 1933. Minor adjustments upward in amount less than one salary step in corresponding classifica- tion act grade are not regarded as ad- ministrative promotions... Provisions in Executive Order No. 6746, defining term "adjustments" to include increases in compensation, must be considered in light of de- cisions of Comptroller General ren- dered prior thereto giving effect to economy law, and any adjustments upward thereunder may be merely those minor adjustments not con- stituting violations of economy act as determined in said decisions... Provisions of Executive Order No. 6746 require classification of positions of employees under executive depart-
CLASSIFICATION—Continued.
Special, fixed by Executive order-Cont'd. Employees paid from allotted emergency funds-Continued.
ments and independent establish- ments whose salaries are paid from emergency funds, either under classi- fication act, as amended, or in accord- ance with Executive order............... Reclassification of emergency position from one Executive order grade to a higher Executive order grade, accom- panied by increase in compensation from one rate to the higher rate stated in the Executive order schedule for such grades, with no change in duties and responsibilities, constitutes an administrative promotion and is pro- hibited during current fiscal year... Under Executive order No. 6746, June 21, 1934, emergency positions in regu- lar executive departments and inde- pendent establishments are required to be classified either pursuant to the entire procedure established by the classification act, as amended, or the entire procedure set forth in the Ex- ecutive order, and there is no author- ity to adopt a part of each procedure, or to classify without compliance with all the requirements of whichever procedure is adopted..... Where emergency employees were orig- inally administratively classified prior to Mar. 1, 1934, to a grade, but were given a net salary rate represent- ing a classification rate, less 15 per- cent deduction, and positions are re- classified after Mar. 1, 1934, in higher grade involving increase in compensa- tion of more than one step, the salary rate may be adjusted so as to con- tinue net rate previously received plus percentage restoration author- ized by law.
Where rate of compensation for emer- gency position is originally fixed ad- ministratively at less than the maxi- mum rate prescribed for the proper grade by Executive Order No. 6746, an increase to the maximum rate is prohibited as an administrative pro- motion..
Transfers--new positions-laborer of Rail- way Mail Service in second grade receiv ing $1,600 per annum under act Feb. 28, 1925, has no vested right to receive same or higher salary rate initially upon trans- fer to newly created position in custodial service in public buildings under Post Office Department subject to Classifica- tion Act, but salary rate would depend on nature of duties performed and provisions of Classification Act..
CLASSIFICATION-Continued.
Welch Act:
Field service:
Custodial Service--except the mechan- ical labor force which is subject to 40- hour week, all employees paid under appropriation item "Operating force" for custodial service in public build- ings under Post Office Department, including those occupying positions transferred from Treasury Depart- ment to Post Office Department by Executive Order No. 6166, June 10, 1933, are subject to Classification Act as extended to field service by sec. 3 of Welch Act... Phrase "so far as may be practicable" in sec. 3 of act, supra, only vests in administrative office discretion as to particular grade or salary range pre- scribed by Classification Act in which field position is to be placed or allo- cated, and does not authorize fixing salary rate without regard to Clas- sification Act..
Bee Medical treatment.
CODES OF FAIR COMPETITION: See Contracts.
Vessels-damages-where there is a colli- sion between War Department dredge and Shipping Board Merchant Fleet Cor- poration vessel, for which the latter vessel is responsible, the appropriation "United States Shipping Board Shipping Fund" is available for payment of damages to the dredge...
COMMERCE DEPARTMENT: Census Bureau-statistical work--moneys received therefor prior to May 27, 1935, must be deposited to credit of Miscel- laneous Receipts and cost charged against current appropriation. After that date, and in accordance with act of that date, Pub. 74, payment for such services may be made from funds deposited therefor..
COMMISSIONERS, UNITED STATES: Fees-warrants--where complaints filed
with commissioner charging violation of internal revenue liquor laws are sworn to by "Investigator" of Alcohol Tax Unit, Bureau of Internal Revenue, it is not necessary that same first be approved in writing by U. S. district attorney in order to entitle commissioner to statutory fee allowable for issuing warrants of arrest... COMPENSATION:
See Economy act; Economy act, amended; Forty-hour week.
Attorney fees and retirement annuity-- acceptance of position as fee attorney with Home Owners' Loan Corporation, entire compensation of which consists of fees paid by persons applying for loans, will not affect employee's right to retire- ment annuity as retired Foreign Service officer..
Commissioners, U. S.-employee retired for age may continue to serve as United States commissioner under appoint- ment made prior to June 30, 1932, but he will be ineligible for reappointment after termination of service under exist- ing appointment... Death compensation and pension-widow in receipt of death compensation under Employees' Compensation Act may not also be paid a nonservice connected pension under act June 28, 1934, on ac- count of the death of her veteran hus- band. Disability compensation and pension- payment of disability compensation under Employees' compensation act to a person receiving a veterans' nonserv- ice connected pension for the same or related disability is unauthorized...... Federal Housing Administration employ- ees-dual compensation statutes dis- qualify for further appointment under the National Housing Act those Federal officers and employees already receiving a rate of compensation under any other statute which, together with the rate proposed to be paid by the Housing Administration, would exceed the max- imum joint salary rate authorized to be received in more than one Federal office or position..
Home Owners' Loan Corporation em- ployees no authority for attorney- employees of the corporation to accept employment to examine titles, make reports thereon, etc., for applicants for loans...
National bank receivers may not hold an office or position under the Federal Housing Administration, in contra- vention of dual compensation statutes. Officers' Reserve Corps member not pro- hibited from receiving retirement an- nuity and military pay when called to active duty...
Retired Army officer, retired after 30 years' service, is not prohibited from holding temporary position, notwith- standing retired pay is at rate in excess of $2,500 per annum, and if both retired pay and civilian compensation exceed rate of $3,000 per annum, may elect, for period of temporary employment, be- tween retired pay and compensation fixed for temporary position..
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