CORPORATIONS:

Subsidiaries-bids should not be received
from two corporations, one of which is
owned and controlled by the other,
where the corporate identities are retained
merely for trade purposes...
COURTS-MARTIAL:

Forfeitures-enlistment allowance-where
claim was allowed and check in payment
was not received by claimant because of
his being in a state of desertion, and he
was thereafter apprehended and sen-
tenced by court-martial to forfeit all pay
and allowances, the proceeds of the check,
which have gone into outstanding liabili-
ties, should be withdrawn by settlement
of the General Accounting Office and de-
posited to the appropriation against
which check was originally charged......
DECEDENTS, ESTATES OF:

Administrators-adjusted compensation-
under conditions stated in sec. 308(1),
World War adjusted compensation act,
the Administrator of Veterans' Affairs
takes the place of the administrator of the
estate-statement as to duties......

Assets:

Pay, retired, due Navy officer at time of
disappearance may be paid to adminis-
trator of estate appointed after judicial
decree of death based on evidence of un-
explained absence for seven years...----
Pensioners--where pensioner dies while
receiving domiciliary care in a Veter-
ans' Administration facility, any money
of the deceased identifiable as pension
money is for disposition under acts July
1, 1902, or June 25, 1910...
Effects, personal-Civilian Conservation
Corps members-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 the deceased should
be canceled by the Postmaster General
and amount deposited to credit of trust
fund account....
Foreigners-Russia-except as to cases in
which administrator in District of Co-
lumbia has heretofore been appointed,
sums due estates of Russian Nationals
from the United States Government will
be paid to legal representative or declared
heirs of deceased based on evidence pro-
cured through diplomatic channels......
Indians-tax refunds due estate of deceased
Indian may not be paid to Superintend
ent of the Five Civilized Tribes to be held
by him or in a bank until the heirs have
been determined...

Page

DELEGATION OF AUTHORITY:
Administrative officers:
Authorization given President to reorgan-
ize Government departments and serv-
ices did not authorize granting to reor-
ganized establishment or head thereof
authority in excess of that previously
exercised by services transferred thereto
or their respective heads. Where dis-
cretion vested by statute in head of de-
partment or service, said discretion
may not be delegated to or exercised by
any other officer or employee except
such as may be specifically authorized
by statute to act in place of the head.. 345, 698
Farm Credit Administration-Governor
may not delegate to subordinate the
power of appointment of departmental
employees, but he may delegate such
power in case of all field employees....
Foreign-made products-purchase of, in-
stead of domestic articles-discretion
under sec. 2, title III, act Mar. 3, 1933-
delegation of, when authorized and
when not authorized...
Post Office Department-ocean mail
routes-Merchant Marine Act of 1928
requires that the Postmaster General
shall determine the number of nautical
miles by the shortest practicable route
between the ports covered by an ocean
mail contract, and this determination
may not be delegated to a subordinate
officer.

DEPARTMENTS

MENTS:

345

601

5

Heads-authority-Agriculture Depart
ment--no authority in Secretary or his
designated agent to direct or authorize
purchase of salvaged fire-damaged,
smoke-odor wheat for export--------
Reorganization:

Compensation-Tariff Commission-ad-
ministrative head may select from
among those available and qualified the
employees to fill new positions created
without regard to comparative effi.
ciency ratings of employees who occu-
pied positions in the previously existing
administrative set-up which has been
discontinued, and the classification act
and the civil service laws controlling
reductions in personnel based on com-
parative efficiency are not necessarily
for application...
Traveling expenses-employees separated
from a disbursing office abolished by
Executive order No. 6166, and reap-
pointed in Division of Disbursement,
Treasury Department, the successor
agency, under authority of Sec. 19 of
order, not for duty at place where they
had been stationed when separated,

370

927

Services between:

Loan of employees-Agriculture Depart-
ment and Federal Surplus Relief Cor-
poration-computation of amount reim-
bursable for services rendered by em-
ployee of the department for the relief
corporation...
Traveling expenses-in absence of specific
statutory authorization, State Depart-
ment appropriation "Contingent Ex-
penses, Foreign Service" may not be
charged with expenses of officers of the
Army and Navy detailed as couriers...
Veterans' Administration and Bureau of
Standards-routine testing of clinical
thermometers by Bureau of Standards
for Veterans' Administration is not a
scientific investigation but performance
of work by one department or establish-
ment for another within purview of sec.
601, act June 30, 1932....
Transfer of activities-permanent transfer
of a function from one department to an-
other may be accomplished only by statu-
tory authority or sanction, as by Execu-
tive order pursuant to secs. 401 to 409, act
Mar. 3, 1933, and may not be accom-
plished under sec. 601, act June 30, 1932...
DEPOSITIONS:

Suits-as Attorney General is required to
defend suits for damages resulting from
dipping tick-infested cattle in Texas and
Oklahoma in 1918 and 1922, expense of
making copies of depositions for use in
such suits may not be charged to appro-
priation "Eradicating Cattle Ticks,
1935", under Department of Agriculture.
DESERTION:

Marine Corps stragglers or deserters trans-
ported as stowaways on Canadian steam-
ship from Honolulu, T. H., to Vancouver,
B. C., from where they were delivered by
Canadian immigration authorities under
guard to Marine Corps authorities at
Seattle, Wash.; neither request of Marine
Corps to direct men to proceed to Bremer-
ton Wash., at own expense nor fact that
they were deserters from Marine Corps
imposed any obligation on the United
States with respect to transportation from
Honolulu to Vancouver; but steamship
company may be reimbursed expenses
incurred in delivering men under guard
from Vancouver to Seattle...

564

452

983

Authority-vouchers-payment not author-
ized where effect is to revise settlement by
General Accounting Office.-----
Liability:

Difficulty encountered in recovering erro-
neous payments made to contractors is
no basis for relieving disbursing officer..
There can be no claim of good faith or of
justified error advanced for unlawful
expenditures of public funds by ac-
countable officer who failed or refused
to submit question involved to Comp-
troller General for advance decision, but
who elected to be guided or persuaded
by views of law officers in Executive
Branch of the Government, including
opinions of Attorney General....

DISTRICT OF COLUMBIA:

Alley Dwelling Authority has no authority
to contract with persons not connected
with the Government service to appraise
all parcels of property to be acquired
under act June 12, 1934.
Commissioners of Deeds-oaths-adminis-
tering of, to expense accounts and new
appointees is authorized under sec. 557,
act March 3, 1901..
License fees-refund-when authorized....
Municipal projects-Loans through Federal

Emergency Administration of Public
Works-rules governing use of funds.....
Policemen and firemen entitled to auto-
matic increases in compensation during
fiscal year 1935 based on length of service
including service during fiscal years 1933
and 1934...
Recorder of Deeds:

Page

Appropriation for, is available for rent
of typewriters for recopying land records
of District of Columbia, provided rate of
rental on annual basis does not exceed
second-hand value of typewriters
rented.

Temporary employees-if

there are

sufficient unobligated funds under an

572

464

578

693

273

22

413

DISTRICT OF COLUMBIA-Contd.
Recorder of Deeds-Continued.

appropriation available for employment
of both permanent and temporary per-
sonnel, a temporary position may be
administratively created and filled for
performance of duties identical with
those of a permanent position during a
period the permanent employee is
absent without pay.
School teachers:

Entitled to automatic increases in com-
pensation during fiscal year 1935 based
on length of service including service
during fiscal years 1933 and 1934...
Teacher separated from position by
resignation may not upon reappoint-
ment be given salary in excess of that
permitted to new appointees, and may
not be advanced after such appoint-
ment except after serving one year
in each automatic rate..
Tax refunds-evidence necessary to author-
ize refund of taxes on gasoline erroneously
paid.....

ECONOMY ACT:

Appointments-new-prohibition against
payment of any increase in compensation
by reason of the reallocation of the posi-
tion is not applicable to an individual
appointed to the reallocated position
after the effective date of the reallocation.
Compensation, double-retired Navy
officer-where retired as a chief boat-
swain and in receipt of retired pay of a
commissioned officer of his grade and
length of service, he is receiving retired
pay "for or on account of services as a
commissioned officer" within sec. 212,
Economy act, which limits his combined
rate of retired and civilian pay to $3,000
per annum...
Exemptions-gratuities paid to employees
in foreign countries upon stated holidays
in accordance with customs of such
countries when amount thereof is fixed
without direct relation to amount of
salary or compensation are not subject to
percentage deductions....
Leases-rent-lessor of premises in the Dis-
trict of Columbia who appealed from
property tax assessments as excessive may
not thereafter successfully assert a valua-
tion in excess of the assessed valuation
in order to show that the rental stipu-
lated under the lease does not exceed the
restriction in sec. 322 of act, supra...-----
Promotions, administrative:
Agricultural Adjustment Administra-
tion-Presidential approval under sec.
7, act Mar. 3, 1933, and sec. 203 of
Economy act, has relation only to
original appointments or promotions
to vacant positions in higher grade with
higher rate of compensation, and has
no bearing on administrative promo-
tions within salary range of grade......

ECONOMY ACT-Continued.
Promotions, administrative-Continued.
Allowances-In determining whether ad-
ministrative promotion has been made
in contravention of law, total salary
rate fixed for employee, including both
cash paid and determined value of al-
lowances furnished in kind, must con-
trol, and not amount of cash paid only.
Government Printing Office:
Permanent change in the designation of
a position held by a production em-
ployee to conform to the duties of
that position, no increase in com-
pensation being involved, is not an
administrative promotion within the
purview of the statutory restrictions
against such promotions...
Provisions of sec. 202 of act prohibiting
administrative promotions, becom-
ing effective June 30, 1932, intervened
to discontinue further annual in-
creases in rate of compensation of
apprentices pursuant to the terms
of their contracts, which are not such
contracts as are precluded from modi-
fication by a statute enacted subse-
quent to effective date of the con-
tracts.....

Where made from savings, are to be
confined to employees in the ad-
ministrative or nonproduction force
and upon a showing of savings suf-
ficient therefor on an annual basis...
Reallocations:

Employee whose position was reallo-
cated after June 30, 1932, may not be
given an administrative promotion to
the reallocated grade; but he may be
promoted in the lower grade to such
salary rate therein as may be permis-
sible considering the average of the
grade and the efficiency of the em-
ployee as compared with that of other
employees in that grade and the
availability of savings....
Prohibition against payment of any in-
crease in compensation by reason of
the reallocation of the position is not
applicable to an individual appointed
to the reallocated position after the
effective date of the reallocation......
Where reduction in grade and salary
rate of an employee because of lack of
funds was actually consummated by
proper administrative authority with-
out reference to the condition on the
recommendation for reduction made by
the employee's immediate superior, a
subsequent partial restoration in grade
and salary rate without Presidential
approval, on the basis that the recom-
mendation was overlooked, is in con-
travention of the statute prohibiting
administrative promotions and pay-
ment of the increased salary rate is not
authorized...

sec. 201 of Economy Act, as amended and
continued in force during fiscal year 1935
by sec. 24, act Mar. 28, 1934, officers of
the Army are not entitled, during fiscal
year 1935, to count for purposes of lon-
gevity pay service subsequent to June 30,
1932, the act of June 27, 1934, being ap-
plicable only to service entitling to a
promotion in grade....
Promotions, Administrative:
Agricultural Adjustment Administra-
tion-Presidential approval under sec.
7, act Mar. 3, 1933, and sec. 203 of Econ-
omy act, has relation only to original
appointments or promotions to vacant
positions in higher grade with higher
rate of compensation, and has no bear-
ing on administrative promotions with-
in salary range of grade.............
Emergency employees-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 classification act grade
are not regarded as administrative pro-
motions..
Government Printing Office-increase in
compensation provided for under ad-
ministrative regulation at termination
of probationary period under appoint-
ment as journeyman, when service is
determined satisfactory, is regarded as
administrative promotion and pro-
hibited during current fiscal year......
In filling a vacancy during fiscal year 1934
or 1935 by promotion of an employee
from a lower grade, the employee may
not be given a salary in excess of the
minimum salary of the higher grade
unless such rate would require a reduc-
tion in his compensation, in which case
he may be given the rate next above
that he was receiving....
National Recovery Administration-
where employee on duty at Washing-
ton, D. C., is transferred to position in
Puerto Rico he may be paid while in
that position at increased rate as due to
appointment to new position, but when
returned to former position in Wash-
ington, he may not retain increased
compensation as it would constitute
administrative promotion......

transfer of

ECONOMY ACT, AMENDED-Contd.
Promotions, Administrative-Continued.
Postal Service employees-promotions
from grade 5 to grade 6 of post office in-
spectors and clerks at division head-
quarters of post office inspectors must
be classed as administrative within sec.
7, act Mar. 3, 1933, as amended....
Reorganization-permanent
function from one department to another
may be accomplished only by statutory
authority or sanction, as by Executive
order pursuant to secs. 401 to 409, act Mar.
3, 1933, and may not be accomplished
under sec. 601, act June 30, 1932...
Vacancies-in filling a vacancy during fiscal
year 1934 or 1935 by promotion of an em-
ployee from a lower grade, the employee
may not be given a salary in excess of the
minimum salary of the higher grade un-
less such rate would require a reduction
in his compensation, in which case he may
be given the rate next above that he was
receiving....

EIGHT-HOUR LAW:

As amended by act May 3, 1913, does not
relate to farm hands or those engaged in
agricultural pursuits whose hours and
days of labor must necessarily be con-
trolled by the weather, the seasons, and
other considerations not subject to ad-
ministrative control...
ELECTRICITY:

Minimum charge-discount-where Gov.
ernment agreed to pay minimum charge
of $13 per month for emergency lighting
service if bill by meter in any month was
less than that amount, and contract pro-
vided for discount of 10 percent for pay-
ment on or before company's discount
date, assumption of disbursing officer
that discount was not applicable when
amount of bill did not exceed minimum
rate is incorrect..
EMERGENCY CONSERVATION
WORK:

Exhibit of paintings-funds appropriated
for emergency conservation work may
not be used for frames, mats, or other ex-
penses incident to public exhibition of pic-
tures painted by members of Civilian
Conservation Corps....

------

EMERGENCY RELIEF APPROPRIA-
TION ACT OF 1935:
Appointments-Presidential-Administra-
tor and any assistant or deputy adminis-
trator of the Rural Electrification Admin-
istration authorized to act as head thereof
in absence of the Administrator or other-
wise, and any State or regional adminis-
trators appointed for duty outside the
District of Columbia, whose salaries may
equal or exceed $5,000 per annum, are re-
quired by sec. 3, act Apr. 8, 1935, to be
appointed by the President by and with
the advice and consent of the Senate......

EMPLOYEES' COMPENSATION COM- Page

MISSION:

Beneficiaries:

Care of, by St. Elizabeths Hospital does

not entitle the hospital to reimburse-
ment...

Disability compensation under Employ-
ees' compensation act to a person re-
ceiving a veteran's nonservice con-
nected pension for the same or related
disability is unauthorized..

EVIDENCE:

Death, presumptive:

Burden of proof as to time of death is on
person asserting it took place at par-
ticular time. There is no presumption
of law as to time of death.................
In the absence of satisfactory evidence as
to time of death, appropriated funds
may not be charged with pay of retired
Navy officer for any period subsequent
to time of unexplained disappearance
after which there is no evidence of his
having been alive..
Pay due retired Navy officer at time of
disappearance may be paid to adminis-
trator of estate appointed after judicial
decree of death based on evidence of
unexplained absence for seven years...

EXCHANGE:
Loss by:

Aliens employed in foreign country for
particular or temporary service at
agreed compensation, presumably fixed
in accordance with prevailing local
rates, are not entitled to payments as
currency appreciation losses in addition
to agreed compensation......
Executive Order No. 6657-A prescribing
regulations under which reimburse-
ment is authorized for loss in pay, etc.,
due to appreciation of foreign currencies
excepts both compensation and allow-
ances while employees are on leave in
United States...
Executive Order No. 6657-A was by its
terms effective April 1, 1934, but in mak-
ing payments subsequent to that date,
under section 5 of the order, there may
be taken into consideration any loss
with reference to amounts properly
accruing prior to that date, but not
prior to July 15, 1933...
Fractional days:

Currency appreciation losses-compu-
tation under Executive Order No.
6657-A, as amended by Executive
Order No. 6928...
Currency appreciation losses on per
diem in lieu of subsistence are payable
from hour of sailing from American
port or up to time of arrival at Ameri-
can port en route to or from foreign
post of duty.-----.
Gratuities paid to employees in foreign
countries upon stated holidays in ac-

706

816

411

411

411

408

341

204

575

575

EXCHANGE-Continued.
Loss by-Continued.

cordance with customs of such coun-
tries when amount thereof is fixed
without direct relation to amount of
salary or compensation may not be
made the basis for claims for currency
appreciation losses...

Leave of absence-Loss due to apprecia-
tion of foreign currency while em-
ployee is on leave with pay is to be
computed at rate for country in which
regularly stationed or rate for country
in which leave is spent, whichever pro-
duces smaller loss to be charged
against appropriations.

Loss due to appreciation of foreign cur-
rency during period officer or employee
is assigned to duty in foreign country
or when traveling therein on official
business is for computation at basic
rate prescribed for particular country
in which actually located for official
purposes.------
Losses due to appreciation of foreign
currency; basis of computation...-----
Maintenance allowance:

Maintenance expenditures by naval at-
taché in particular month in excess of
amount allowable, after making prop-
er allowance for loss by exchange,
may not be carried forward with view
to payment out of subsequent month's
allowance.

Method of determining loss due to ap-
preciation of foreign currency...----
Per diems:

Losses on, are payable from hour of
sailing from American port or up to
time of arrival at American port en
route to or from foreign post of duty..
Losses on, are to be computed either
at the exchange rate in force for the
particular country on the last day of
travel therein, or if the period ex-
tends over one month, on the last
day of each month within the travel
period....
Reimbursement for losses sustained by
naval attaché due to foreign currency
appreciation is to be calculated on net
compensation after deducting con-
tributions to retirement or other
funds, or on account of percentage re-
duction in compensation, but with-
out deducting allotments, fines, for-
feitures, etc.----
Reimbursement for salary losses in-
curred by an officer or employee
traveling but not stationed in a
foreign country is to be confined to
amounts actually converted for ex-
penditure and must be based on
evidence of actual conversion and at
the rate of exchange at which the
conversion was effected..