PERSONAL SERVICES-Continued.
Private contract v. Government personnel-
Continued.

delegate to contractor right to select
persons to render services for Govt. in
contravention of sec. 169, R. S., as
amended, requiring all appointments of
officers or employees to be made by head
of department or agency, or, in field
service, by subordinate to whom author-
ity has been delegated; and upon basis
that contractors employees would not
be subject to direct supervision such
as is generally exercised over Federal
employees.....
Janitors-general rule-where, in con-
nection with janitor services, Govt.
furnishes all supplies and equipment,
such as brushes, cleaning supplies,
ladders, etc., leaving nothing but labor
of individual to be furnished, the services
are for performance by Govt. employees,
either full or part time, appointed in
accordance with civil service rules and
regulations, but where it is administra-
tively determined to be to Govt.'s ad-
vantage to have all supplies and equip-
ment, as well as labor, furnished by
contract, there is no objection to pro-
curing the services on a nonpersonal
service basis, provided that, when appli-
cable, there is compliance with adver-
tising, etc., requirements of section
3709, R. S..
Seat of government-legislative prohibi-
tion-applicability to field service in
general-prohibition in act, Aug. 5, 1882,
against employment of persons at the "seat
of government" unless employment is
authorized and payment therefor pro-
vided in law granting appropriation, has
no application to field service......
PHILIPPINE ISLANDS:
Ordering of armed forces into United States
service costs and expenses-manner of
reimbursement-former officer of Army
of the Philippines, who is now an officer of
Army of U. S., has no claim against U. S.
by reason of his service in Army of the
Philippines, since act of Dec. 17, 1941, pro-
vides that all costs to the U. S. of services
of Army of the Philippines (which was
called into service of armed forces of U. S.
by order of the President, dated July 26,
1941) are payable to Commonwealth of the
Philippines and not to any individual
member of said Army.
PHYSICAL EXAMINATIONS:
Civilian employees-appropriation availa-
bility prevention of illness-periodic
physical examinations of civilian em-
ployees at chemical warfare laboratory for
protection of their health by early detec-
tion of arsenic poisoning represent pre-
cautionary measures to prevent illness-
as distinguished from curative medical
treatment-which are primarily for the

Page | PHYSICAL EXAMINATIONS-Con. l'age
Government's benefit as 8 necessary
incident to successful operation of labora-
tory, and, therefore, expense thereof may
be paid from appropriation, "Chemical
Warfare Service, Army, 1942," available
for operation of laboratory even though
such expense is not specifically provided
for therein..

700

700

700

987

Prospective employees appropriation avail-
ability-general rule-cost of medical
examinations to determine physical
eligibility or fitness for appointment to
civilian Federal positions is a personal
expense of applicants for positions and is
not chargeable to the Govt. unless pro-
vided for by statute or in an appropria-
tion act. 22 C. G. 32, distinguished..
POST OFFICE DEPARTMENT:
Mails:

Insured:

Government shipments:

General rule as to whether authorized:
Primary purpose of Govt. Losses in
Shipment Act of July 8, 1937, was
to abrogate existing practice of
Govt. of carrying commercial in-
surance with private insurance
companies to obtain protection
against loss in shipment of "val-
uables." and to effect saving of
amounts which otherwise would
be expended in payment of pre-
miums to said companies, hence,
it is at least doubtful that term
"insurance" appearing in said act
was intended to include postal
insurance....
The procurement, on a Govt. ship-
ment of "valuables," of postal in-
surance involving not only in-
demnity against loss or damage
but a special service which mini-
mizes risk of loss may be con-
sidered as not contravening Govt.
Losses in Shipment Act of July 8,
1937, which prohibits the procure-
ment of insurance in the shipment
of "valuables".

This office will interpose no objec-
tion to payment of postal indem-
nity on Government shipments of
valuable articles which are rifled
in the mails, even though the
Govt. Losses in Shipment Act of
July 8, 1937, prohibits procurement
of insurance on Govt. shipments
of valuables except as therein
specified.

Messenger-service contracts-propriety of
contracting with member of Government
employee's family-awarding to wife of
regular postal employee of mail messen-
ger contract which contemplates pro-
curement of personal services separate
and distinct from those rendered by
husband is not objectionable where

32

243

832

832

3

husband was not involved in his official
capacity in preparing or advertising for
the bids, or in the letting of the contract;
nor would payments under such con-
tract constitute payment of additional
compensation to the husband in contra-
vention of sec. 1765, R. S., even though
under the community property laws of
State involved, the husband "would
automatically participate to the extent
of 50 percent in any profits under the
contract"

Postal Service:

Compensation. See Compensation, Postal
Service.

Mails. See Post Office Department, mails.
Postmasters-percentage increase in clerk

hire allowances under act of Apr. 9,
1943-the provision in the act of Apr. 9,
1943, limiting to not to exceed an average'
of $25 per month the 15 percent increase
in the allowance to third-class post-
masters for clerk hire authorized by the
said act, is not to be applied to the com-
bined allowances for "Clerk Hire,"
"Separating Mails," and "Unusual
Conditions," but, rather, each of the
said allowances is to be considered as
increased in an amount not in excess of
an average of $25 per month............................
Salary deductions-income tax with-
holding-Gen. Reg. 96, Supp. 2, June
29, 1943...
Post offices-classification-reduction
receipts and cancellations-reduction re-
sulting from free mailing privileges to
military personnel-while the salary of a
postmaster at fourth class and Presidental
offices may be increased where additional
business is caused by proximity of military
or naval forces even though, due to ex-
tension of the free mailing privilege to
such forces, there is a decrease in receipts
and cancellations, the classification of
post offices must continue to be based upon
receipts and cancellations as required by
existing law.

POST OFFICES:

in

See Post Office Department, post offices.
POWERS OF ATTORNEY:
Dependents' transportation-cost reimburse-
ment-recognition basis in general-A
valid power of attorney executed by an
Army officer authorizing his wife as at-
torney in fact to demand moneys due him
from U. 8. may be accepted as sufficient
to authorize her to sign a voucher in his be-
half for commercial cost of transportation
of dependents on permanent change of
station, since it is understood that in no
event can the item be paid the officer at
his post of duty but that the Finance
Office at Washington, D. C., is the only
office authorized to settle such accounts...

A power of attorney executed by Army
officer authorizing an attorney in fact to
demand payment of moneys from U. S.
cannot be recognized if item being
claimed under such power could also be
paid to the principal as part of his pay
and allowances by a paymaster of the
Army; and any such powers of attorney
that have been or may be held by this
office to be valid are valid only as to items
of allowance that cannot be paid officer
by a paymaster of Army where he may
be on duty.........

Power of attorney authorizing attorney to
demand payment of moneys from U. S.
must be exclusive, including principal..
RESIDENT OF THE UNITED

STATES:
Holiday work requirement-general effect
on employees' rights and benefits-Presi-
dental or administrative orders requiring
work on legal holidays during war emer-
gency do not and cannot change status of
such holidays for purpose of applying
statutes and regulations having force and
effect of law granting rights and benefits
on basis of the holidays

PRESUMPTIONS:

See Evidence, presumptions.
PRINTING AND BINDING:
Appropriation limitations on amounts avail-
able for expenditure general limitation
as being operative in absence of specific
limitation-while appropriation for Office
for Emergency Management in act of July
25, 1912, contains no limitation on amount
to be expended for printing and binding,
expenditures for such purpose are subject
to general limitation in sec. 203 of said act
that amounts expended for printing and
binding, traveling expenses, etc., shall not
exceed sums set forth in justifications of
Budget estimates submitted to Commit-
tee on Appropriations, House of Repre-
sentatives..

Blank books. See Stationery, blank books.
Fanfold forms interleaved with carbon
paper, with or without printing—as being
articles cost of which is chargeable to
appropriation for printing and binding-
if fanfold forms interleaved with carbon
paper are "manifold forms" such as are
required by act of June 28, 1902, to be
charged to printing and binding allotment
of the requisitioning Govt. establishment,
their entire cost, including any printing
thereon-which is required to be done at
Govt. Printing Office unless proper clear-
ance is obtained-is chargeable to printing
and binding limitation of the applicable
appropriation....

Gummed labels, with or without printing—
as being articles cost of which is charge-
able to appropriation for printing and

PROPERTY-Continued.

Private Continued.
Damage, loss, or destruction-—Continued.
Military, naval, etc., service-Con.

for damages to property or persons of
inhabitants of any foreign country
caused by Army, Navy or Marine
Corps forces, does not repeal or
supersede act, Apr. 18, 1918, which
authorizes settlement of claims of
inhabitants of friendly European
countries for damage caused by
American military forces without
limitation as to amount, so that
claims arising in Europe not exceed-
ing $1,000 in amount may be disposed
of under either act, if they otherwise
conform to requirements of each act,
and larger claims are for considera-
tion under said act of Apr. 18, 1918..
Criminal acts-payable status of dam-
age claim-under act, Apr. 18, 1918,
pertaining to settlement of claims of
inhabitants of friendly European
countries for damages caused by
American military forces, claims
may be settled for property damage,
personal injuries, or death caused by
criminal acts of military personnel,
provided, in accordance with terms
of the statute, such claims would be
payable according to law or practice
governing military forces of country
in which they occur....
"Loss" defined-word "loss" as used
in act, Oct. 6, 1917, providing for
reimbursement of Navy personnel
for certain losses of personal property
in marine disasters, etc., means un-
intentional parting with something
of value and does not comprehend
case where personal clothing, etc., of
Navy enlisted men are furnished to
survivors of torpedoed vessel, claims
in such cases being for assertion not
by men who voluntarily divested
themselves of possession but by men
of torpedoed vessel who suffered loss.
Subrogation. See Property, private,
damage, loss, or destruction, subroga-
tion.

Transit. See Property, private, dam-
age, loss, or destruction, transit.
Storage-transportation, packing, etc..
charge liability-where, in connection
with decentralization of Govt. agency,
contract for motor van shipment of an
employee's household effects provided
for storage in transit at carrier's ware-
house pending receipt of employee's
address at new station, and greater
portion of said effects was destroyed by
fire while so stored and within specified
storage privilege period, payment to
carrier is limited to packing, unpack-
ing, and transportation charges appli-
cable to that portion of effects actually

Page

Statement in 21 Comp. Gen. 341 that
"there is no basis for a claim in
such a case by a party as subrogee
unless the damage was due to negli-
gence with which the Govt. would
be chargeable were it subject to
suit," must be read in light of act of
June 16, 1921, there involved, re-
stricting damage claims authorized
to be settled to those resulting from
authorized activities of P. O. Dept.,
which act differs in that respect
from act of July 11, 1919, which is
sufficiently broad to authorize Sec.
of Navy to pay claims for damages
occasioned by members of naval
service or Marine Corps not acting
within scope of their employment.. 611
Subrogated claims of insurance com-
panies arising out of damage to pri-
vate property by members of naval
service or Marine Corps, not acting
within scope of their employment,
may be considered and paid by Sec.
of Navy under act of July 11, 1919,
authorizing him to consider and pay
"claims for damages (other than such
as are occasioned by vessels of the
Navy), to and loss of privately owned
property, occurring subsequent to
April 6, 1917, where the amount of the
claim does not exceed $500, for which
damage or loss men in the naval
service or Marine Corps are found
to be responsible." 6 C. G. 770, to
the contrary, will no longer be
followed....

Transit:

Personal effects transported with
owner-personal effects of Army en.
listed man which were turned over
to proper authorities for transporta-
tion under orders for permanent
change of station which required
effects to be transported on same
military plane on which he was to
be transported were not hand bag-
gage in custody of the man during
such transportation but were the
authorized change of station allow.
ance for which payment of an other-
wise proper claim under act, Mar.
4, 1921, on account of damage thereto
or loss thereof while being so trans-
ported is authorized. 27 C. D. 469,
distinguished..........

Transportation, packing, etc., charge
liability-where, in connection with

611

99

PROPERTY-Continued.

Private Continued.

Damage, loss, or destruction-Continued.
Transit-Continued.

decentralization of Govt. agency,
contract for motor van shipment of
an employee's household effects pro-
vided for storage in transit at car-
rier's warehouse pending receipt of
employee's address at new station,
and greater portion of said effects was
destroyed by fire while so stored and
within specified storage privilege
period, payment to carrier is limited
to packing, unpacking, and trans-
portation charges applicable to that
portion of effects actually delivered,
and, as storage charges were "for 30
days or fraction thereof," amount
payable therefor is not subject to
deduction merely because storage
period was less than 30 days................
Repairs and improLements. See Leases,
repairs and improvements; Repairs and
Improvements, private property.
Taking for Government use:
Advance payment of rent under con-
demnation award-rental payments
required under condemnation award
in connection with use of property req-
uisitioned by Govt. under authority
of sec. 201, Second War Powers Act,
1942, may, in view of advance pay-
ment prohibition of sec. 3648, R. S., be
made in advance only to extent neces
sary to satisfy award for interests con-
demned.....

1063

1112

1112

Applicability of Economy Act rental
limitation-provisions in sec. 322,
Economy Act, as amended, that
rentals of leased premises shall not
exceed 15 percent of fair market value
thereof, are not applicable in cases
where use of property is acquired by
Govt. through condemnation pro-
ceedings under authority of sec. 201,
Second War Powers Act, 1942...................
Applicability of Economy Act repair and
improvement limitation-provisions in
sec. 322, Economy Act, as amended,
that alterations, improvements and
repairs shall not exceed 25 percent of
first year's rental, are not applicable
in cases where use of property is ac-
quired by Govt. through condemna-
tion proceedings under authority of
sec. 201, Second War Powers Act, 1942. 1112
Consequential damages as element of
compensation-Government cannot
take private property without just
compensation, and it has been held
that just compensation is measured
by market value of property taken
but that it does not include con-
sequential damages.....
Factors, in general, determining
amounts to be expended for repairs,

1112

Taking for Government use-Continued.
etc.-extent to which repairs and
improvements may be made to prem-
ises requisitioned for use of U. S. un-
der authority of sec, 201, Second War
Powers Act, 1942, is not affected by
provision in sec. 322, Economy Act, as
amended, restricting to 25 percent of
first year's rental amount which may
be expended for repairs, etc., to leased
premises, but, rather, making of re-
pairs, etc., should be governed by
sound administrative discretion,
having regard to term of occupancy
and purposes for which occupied, it
being duty of administrative officers
to protect to fullest extent the interest
of U. 8.....

Page

1112

1112

1112

Lessees' compensation rights:
Where leaseholds are taken for Gov-
ernment use practice has been in
some cases in measuring damages of
lessee to subtract from market value
of unexpired portion of his term the
amount of rent he would otherwise
have had to pay and the actual ex-
pense of operation which he has
saved, but if lessee's obligation is
such that he continues to pay rent
to lessor, he is also entitled to recover
amount of such obligation.---.
While the use of property can be taken
as well as title to property, where
lease contains "eminent domain"
clause providing that in event of
taking the lease shall terminate, the
lessee has no property right to com-
pensation upon a taking..................
Market value as measure of compensa-
tion-Government cannot take private
property without just compensation,
and it has been held that just com-
pensation is measured by market value
of property taken but that it does not
include consequential damages. 1112
Profit as an element of value-in de-
termining just compensation to be
paid for private property appropriated
or requisitioned for title or use by
Govt., the element of profit, alone-
which depends upon fortune, skill and
good management with which a busi-
ness is conducted-furnishes no test
of value of property taken and may
not be accepted in condemnation
proceedings as proof of market value,
but where Govt. takes not only
property but business conducted there-
on, evidence of profits is allowable....
Requisitioning of vessels. See Vessels,
purchase, requisition, etc.

What constitutes "property" for com-
pensation purposes-word "property"
as used in Fifth Amendment of Con-
stitution includes not only the fee, but

877