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-CHECKS-Continued.

Indorsements-Continued.

Forgeries-Continued.

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be withdrawn by settlement of General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..

Payees:

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

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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..

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770

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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

appropriated

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..

CLAIMS:

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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..

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324

429

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

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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.

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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,

1932.

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

from

emergency

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

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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-

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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..

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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..

COAST GUARD:

Bee Medical treatment.

CODES OF FAIR COMPETITION:
See Contracts.

COLLISIONS:

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.

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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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