CLOTHING-Continued.
Uniforms-Continued.

Status of uniform gratuity as a right,
allowance, etc.-status as a right, allow-
ance, etc., of the "uniform gratuity"
authorized by statute for service officers
with respect to the expense of acquiring
the prescribed uniform............

COAL:

Contracts. See Contracts, coal; Contracts, in-
creased costs, wages, coal contracts.

COAST GUARD:

As being included in Navy-general rule-
word "Navy" in general statutory provi-
sions includes Coast Guard, while operat-
ing as part of Navy, where that interpreta-
tion clearly appears consistent with pur-
pose and spirit of statute involved and
object which it was intended to accomplish
CODE:

United States:

Binding effect-general rule-pursuant to
1 U. S. Code 54, the contents of U. S.
Code have only a prima facie effect, and
question of whether a statute is still in
effect is for consideration under principles
of statutory construction without regard
to any statements contained in Code
with respect thereto....
Errors-damage claim provisions-state-
ment in note to 5 U. S. Code 210 to effect
that subject matter thereof, act of Apr.
18, 1918, is now contained in 31 U. S.
Code 223a appears to be in error.......
COLLECTIONS:
Accounting, disposition, etc.-accounts cur-
rent and other accounting schedule forms.
See Accounts.

COLUMBIA INSTITUTION FOR
THE DEAF:

Employees:

Rates of compensation as being governed
by that of predecessor-if basic salary
rate of employee appointed by Columbia
Institution for Deaf is authorized to be
fixed within discretion of administrative
office without regard to any law, there is
no legal requirement that said basic
salary rate be the same as that of his
predecessor.....
Status as "employees under the United
States Government”-personnel of Co-
lumbia Institution for the Deaf are em-
ployees "under the United States Gov-
ernment" within meaning of that term in
overtime and additional compensation
act of Dec. 22, 1942...

COMMERCE DEPARTMENT:

Appropriations. See Appropriations, Com-
merce Department.

Census Bureau:

Personnel:

Retransfer to permanent roll:

Salary rate of nonclassified temporary
census employees restored by re-
transfer under sec. 3, act of June 18,
1929, to their former classified posi-

Page | COMMERCE DEPARTMENT-Con. Page
Census Bureau-Continued.

Personnel-Continued.

Retransfer to permanent roll-Con.

tions on Census Bureau permanent
roll may be fixed initially, upon re-
transfer, at any rate within their re-
spective classified grades, not to
exceed rate previously paid in un-
classified positions. 21 Comp. Gen.
386, modified.....

Where permanent classified position,
from which census employee was
transferred under sec. 3, act of June
18, 1929, to temporary unclassified
position during decennial census
period, has been reallocated prior to
retransfer pursuant to said section
to former permanent position, em-
ployee's salary rate may be fixed
initially, upon retransfer, at any
rate within the grade as reallocated,
not to exceed rate previously paid in
unclassified position...

COMMISSIONERS:

Conciliation:
Fees:

War emergency additional compensa-
tion legislation:

Applicability-conciliation commis-
sioners whose fees are prescribed by
11 U. 8. Code 203 (b), are entitled
under, and within limitations of,
overtime and additional compensa-
tion act of Dec. 22, 1942, to an in-
crease in their statutory fees on a 10
percent basis, the formula specifi-
cally made applicable by said act to
"officers or employees whose com-
pensation is based on
fees".

109

109

720

Manner of accomplishing increase-
procedure (prescribed in this deci-
sion) to be followed by this office in
settlement of accounts of U. S. com.
missioners involving 10 percent in-
crease in fees to which they are en-
titled under, and within limitations
of, overtime and additional compen-
sation act of Dec. 22, 1942, may be
followed administratively, so far as
such procedure may be applicable,
in making payments of the fees, as
temporarily increased by said act,
authorized for conciliation and su-
pervising concilation commissioners. 720
Supervising conciliation:
Fees:

War emergency additional compensation
legislation:

Applicability-supervising conciliation
commissioners whose fees are pre-
scribed by 11 U. §. Code 203 (b), are
entitled under, and withif
tions of, overtime and
compensation et litte
an incre:

Manner of accomplishing increase
procedure (prescribed in this deci-
sion) to be followed by this office in
settlement of accounts of U. S. com-
missioners involving 10 percent in-
crease in fees to which they are en-
titled under, and within limitations
of, overtime and additional com-
pensation act of Dec. 22, 1942, may
be followed administratively, so far
as such procedure may be applicable,
in making payments of the fees, as
temporarily increased by said act,
authorized for conciliation and super-
vising conciliation commissioners...
United States:
Fees:

Commitments-arrests in one district
and removal to another for trial-
where offender is arrested in one judi-
cial district and removed to another
for trial, it is to be presumed that,
under removal procedure prescribed
by secs. 1014 and 1029, R. S., prelimi
nary examination (or unqualified
waiver thereof) and commitment take
place in district of arrest, and, there-
fore, a fee for final commitment may
not be allowed under 28 U. S. Code
597, to U. 8. commissioner in district
to which offender is removed, in ab-
sence of showing that, in a removal
case on complaint where no hearing is
to be held, the court regards commit-
ment by commissioner as essential, or
unless, in a case where hearing was
held, the account is supported by same
evidence required in support of fees
pertaining to hearings...
Hearings arrest in one district and re-
moval to another for trial-where an
offender is arrested in one judicial dis-
trict and removed to another for trial,
it is to be presumed that, under re-
moval procedure prescribed by secs.
1014 and 1029, R. S., he has been
granted (or has unqualifiedly waived)
preliminary examination in district of
arrest and that no further proceedings,
for which fees pertaining to hearings
are payable under 28 U. S. Code 597,
are required before U. S. commissioner
in district to which offender is re-
moved, and, therefore, such fees will
not be allowed to commissioner in
latter district, in absence of showing
that commissioner's court directed an

United States-Continued.
Fees Continued.

examination after removal, or that
warrant of removal contained a direc
tion for further examination. 7 C. D.
578, amplified...--
In general:

Arrest in one district and removal to
another for trial comprehensive
discussion, as affecting fees pre-
scribed by 28 U. 8. Code 597 for U.S.
commissioners, of procedural re-
quirements under secs. 1014 and
1029, R. S., for removal of offenders
from one judicial district to another
for trial...

Types for which reimbursement is
authorized—under 28 U. S. Code
597, prescribing fees payable to U. S.
commissioners, fees may be allowed
only for proceedings in cases prop-
erly within commissioners' jurisdic-
tion, or otherwise clearly in com-
pliance with course of action which
acts of Congress prescribe, as ex-
plained and implemented by deci-
sions of the courts...

War emergency additional compensa-
tion legislation:

Page

Applicability-U. S. commissioners
whose fees are fixed by 28 U. S. Code
597, are entitled under, and within
limitations of, overtime and addi-
tional compensation act of Dec. 22,
1942, to an increase in their statutory
fees on a 10 percent basis, the formula
specifically made applicable by said
act to "officers or employees whose
compensation is based on
fees"
Manner of accomplishing increase:
In settlement by this office of quar-
terly accounts of U. S. commis-
sioners, involving fees earned
during period Dec. 1, 1942, through
Apr. 30, 1943, effective period of
overtime and additional compen-
sation act of Dec. 22, 1942, the
total amount of fees allowed will
be increased by 10 percent-the
percentage increase authorized by
said act subject to maximum
monthly increase of $24.16 author-
ized by the act, provided that only
so much of monthly increase will
be allowed as will not increase
monthly "aggregate compensa-
tion" beyond $416.66 (}{2 of $5,000
per annum limitation of the act),
any necessary adjustment to be
made as of Apr. 30, 1943, so that
proper amount of increase may be
received for the five months in-
volved...

U. S. commissioners will not be re-
quired to claim in their accounts

COMMISSIONERS-Continued.

United States-Continued.

Fees Continued.

War emergency additional compensa-

tion legislation-Continued.

Manner of accomplishing increase
-Continued.

the 10 percent increase authorized
to be added to their fees under the
overtime and additional compen-
sation act of Dec. 22, 1942, but
such increase will be added to the
total amount of such fees upon
settlement of their quarterly ac-
counts by this office pursuant to
28 U. S. Code 599.
Status of commissioners as civilian
employees-U. S. commissioners are
"civilian employees in or under the
United States Government" within
meaning of overtime and additional
compensation act of Dec. 22, 1942...

COMMISSIONS:

See Boards and Commissions; also, commis-
sions by name.

COMPENSATION:

Acceptance of less than established
amount-as constituting a waiver. See
Compensation, waivers.
Additional:

Differentials. See Compensation, differ-
ential.

Double compensation cases. See Com-
pensation, double.

Federal restrictions applicability to Fed-
eral funds contributed to States, Ter-
ritories, Etc.-while funds allotted to
and accepted by State or Territory
from Labor-Federal Security Appro-
priation Act, 1943, for education and
training of defense workers become
State or Territorial funds not subject
to Federal dual compensation statutes,
such funds when allotted to District of
Columbia remain Federally appropri-
ated funds in same manner as other
funds provided for use of Dist. of Col.
Govt., and, as such, are subject to such
dual compensation statutes, even though
regulations issued under said appropria-
tion act define "State" to include Dist.
of Col...
Fee basis employment and per annum
employment-employment by one Govt..
agency of a medical adviser on an annual
salary basis who is also employed,
whether by contract or otherwise, by
another Govt. agency as a consultant on
a fee basis does not constitute a violation
of restriction against holding of more
than one office contained in act of July
31, 1894, as amended, (15 C. G. 828,
modified), nor does such employment
constitute a violation of dual compensa-
tion restrictions of sec. 1765, R. S., and
act, May 16, 1916, as amended...

Page | COMPENSATION-Continued.
Additional-Continued.

720

720

362

312

Page

1091

Flat amount war emergency increase:
Computation of per diem and per hour
equivalents of $300 per annum rate... 1091
Intermittent or irregular employees...
Postal Service employees. See Com-
pensation, additional, Postal Service
employees, war emergency general
salary increase.

Salary tables-Gen. Reg. 54, Supp. 16,
June 12, 1943..

Percentage increase in lieu of overtime

compensation:

Acceptance of less than that to which
entitled as constituting a waiver of
unpaid balance-acceptance by an
employee of lower rate of compensa-
tion than that properly due under
overtime and additional compensation
act of Dec. 22, 1942, does not constitute
a waiver of the right to the statutory
increase properly due....
Amount of increase limitations:

Applicability on daily basis-the
day, rather than the week or pay
period, is the proper basis for apply-
ing $5,000 per annum salary rate
limitation prescribed by overtime
and additional compensation act of
Dec. 22, 1942, to full time employees
paid on a time basis...............

As having reference to employee's
basic compensation-salary limita-
tion on amount-$2,900 per annum-
on which there may be computed
the overtime and additional compen-
sation provided by act of Dec. 22,
1942, for certain classes of Govt. em-
ployees, and the limitation on ag-
gregate salary payable under said
act-at a rate of $5,000 per annum—
are limitations having reference to
an employee's "basic" compensa-
tion.....

1156

926

953

649

Averaging of increase over period dur-
ing which legislation is effective.. 745, 791
Compensation on which increase is to

be computed. See Compensation,
additional, percentage increase in lieu
of overtime compensation, compensa-
tion on which increase is to be com-
puted.
Compensation which is to be included
for aggregate compensation limi-
tation purposes. See Compensation,
additional, percentage increase in lieu
of overtime compensation, compensa-
tion which is to be included for aggre-
gate compensation limitation purposes.
Per diem or per hour equivalents of
annual salary limitations. 589, 776, 791

Applicability:

Agriculture Dept. employees whose
wages are adjusted in line with pre-
vailing rates...

ministrative practices...

Architect of the Capitol...

1132

As being primarily for administrative

consideration.............

Bureau of Engraving and Printing

employees...

Cooperative employees..

Customs employees serving in bonded

warehouses...

District land office registers....

1055
745

District of Columbia Register of Wills

employees....

Employees of office of Architect of
Capitol and House and Senate
restaurants.....

Employees whose hours of work are
governed by those of private estab-
lishments...

1055

Exception as to heads of departments,
etc., as being applicable only to
executive branch.

1132

Foreign Service native employees....
Full time employees, in general, on
regular workweek of 40 hours or
less...

Full time employees on night shift on
regular workweek of 40 hours or less.
General scope as to part time employ-

COMPENSATION-Continued.

Additional-Continued.

Percentage increase in lieu of overtime

compensation-Continued.
Applicability-Continued.

Agriculture Dept. employees whose
wages are fixed under informal ad-

Page COMPENSATION-Continued.
Additional-Continued.

Percentage increase in lieu of overtime
compensation-Continued.

constitute an "equivalent increase in
compensation" within meaning of
within-grade salary-advancement sta-
tute of Aug. 1, 1941, and does not affect
an employee's eligibility to a within-
grade salary advancement thereunder.
Compensation limitations as barring
percentage increase single position
compensation limitations-A person
who is hired under appropriation for
clerk hire of members of Congress may
be paid the 10 percent additional com-
pensation, authorized by act, Dec. 22,
1942, on so much of his "earned basic
compensation as is not in excess of a
rate of $2,900 per annum," notwith-
standing that payment of such addi.
tional compensation will cause to be
exceeded the $3.900 per annum salary
rate limitation imposed by sec. 2,
Legislative Pay Act of 1929, as
amended, on persons hired under such
an appropriation............

Compensation on which increase is to be
computed:

Cooperative employees...

Library of Congress employees paid
from "Sunday Opening" funds.....
Library of Congress employees paid
from trust funds..

Page

804

752

615

685

589

678

Bonus inclusion....

752

827

770

702

776

649

615

769

Compensation which is to be included
for aggregate compensation limita-
tion purposes:

596

Cooperative employees.....

702

596

Library of Congress employees paid

770

from "Sunday Opening" funds.....
Library of Congress employees paid
from trust funds.....

776

649

641

International Boundary Commission,

Conciliation, supervising conciliation,
and U. S. commissioners. See Com-
missioners.

COMPENSATION-Continued.
Additional-Continued.

Percentage increase in lieu of overtime

compensation-Continued.

Effect of the legislative enactment on
administrative discretion to require
additional hours of work...............
Effect of the legislative enactment on
prior statutes authorizing fixing of
compensation by wage boards, etc.
Effect of the legislative enactment on
prior statutes prescribing hours of
work...

Effect of the legislative enactment on
prior statutes prohibiting additional
compensation...

General rule in determining whether an
administrative authority is similar to
a wage board.............

Informal administrative practices in
fixing wages as constituting a wage
board procedure...
International Boundary Commission,
U. S. and Mexico-as constituting an
administrative authority similar to
wage boards..

Manner of payment of amounts not paid
prior to transfer or separation from
service.....

810

National War Labor Board-as consti-

589,738

Clerks at third-class post offices paid
from clerk-hire allowance for post-
masters...

627

tuting an administrative authority
similar to wage boards.......
Overtime work as a condition for entitle-
ment.
Payment as being mandatory or dis-
cretionary-words "shall be paid
additional compensation" appearing
in portion of act of Dec. 22, 1942, pro-
viding for 10 percent additional
compensation in lieu of overtime
compensation, to certain classes of
employees-including employees in or
under legislative branch-within limi-
tations specified therein, are words of
mandate or command and vest no
discretion whatever in any one to deny
the additional compensation to em-
ployees otherwise coming within the
terms and limitations of the act......
Payment notwithstanding creation of
an appropriation deficiency-any exist-
ing appropriation for the present fiscal
year available for the payment of
salaries of employees of the House of
Representatives is available for pay-
ment, to such employees, of the 10
percent additional compensation, in
lieu of overtime compensation, author-
ized by the act of Dec. 22, 1942, within
the limitations specified therein, irre-
spective of any deficiency that may be
incurred as a result of paying such
increase of compensation......
Periodic adjustments of wages as a req-
uisite to constituting an administra-
tive authority a body similar to a wage
board.......