periods and longevity pay is specifically provided in section 7 of the Naval Reserve Act of 1938 as amended by section 8 of the act of August 27, 1940, 54 Stat. 865. The last proviso of said section 7 of the Naval Reserve Act of 1938, as amended, 54 Stat. 865 provides:

that all periods during which chief warrant officers have held commissions in the Naval Reserve shall be included in computing their pay as provided in the act of February 16, 1929 (45 Stat. 1186).

In construing the effect of the proviso just quoted it was held in decision to the Secretary of the Navy, B-12441, dated February 6, 1941, that all periods during which commissioned warrant officers have held commissions in the Naval Reserve, whether on active duty or in an inactive status, may be included in the computation of service for both period pay and longevity pay purposes. The act of February 16, 1929, 45 Stat. 1186, was an amendment to the act of June 10, 1922, and since the 1922 act, as amended, has been repealed by the Pay Readjustment Act of 1942, the only change which the 1942 act accomplished, insofar as section 8 of the act of August 27, 1940, was affected, was to substitute the pay rate provisions of section 8 of the act of June 16, 1942, leaving the balance of the applicable section 8 of the act of August 27, 1940, the subsisting law as to commissioned warrant officers of the Naval Reserve. Question 5 is answered in the affirmative.

[Whether] (6) Commissioned warrant officers of the Naval Reserve may count for period pay and longevity pay purposes full time for all periods while holding a commission in the National Guard.

In view of sections 8 and 14 of the act of June 16, 1942, commissioned service in the National Guard (see answer to question 3) may be included for longevity pay but not for period pay.

[Whether] (7) Commissioned officers, commissioned warrant officers, warrant officers, and enlisted men on the honorary retired list of the Naval Reserve may count for longevity pay purposes the time elapsing between effective date of transfer to the honorary retired list to the date on which they become entitled to active duty pay and allowances upon subsequent recall to active duty.

Section 1 of Public Law 538, approved May 4, 1942, 56 Stat. 266, provides:

That hereafter warrant officers and enlisted men of the Naval Reserve, Marine Corps Reserve, and the National Guard of the United States shall be credited with longevity for pay purposes on the basis of full time for all service since June 30, 1925, both active and inactive, in the Naval Reserve, Marine Corps Reserve, and the National Guard: Provided, That warrant officers and enlisted men of the National Guard of the United States shall not be credited for this purpose with time served in the inactive National Guard not in the active Federal service.

Section 15 of the act of June 16, 1942, 56 Stat. 367, Public Law 607, provides in pertinent part:

On and after the effective date of this Act, retired officers, warrant officers, nurses, enlisted men, and members of the Fleet Reserve and Fleet Marine Corps Reserve shall have their retired pay, retainer pay, or equivalent pay, computed

as now authorized by law on the basis of pay provided in this Act, which pay shall include increases for all active duty performed since retirement or transfer to the Fleet Reserve or Fleet Marine Corps Reserve in the computation of their longevity pay and pay periods:

On the authority of the above provisions and the decision to the Secretary of the Navy, B-26510, dated September 30, 1942, 22 Comp. Gen. 281, this question is answered in the negative.

[Whether] (8) Commissioned officers and commissioned warrant officers of the Naval Reserve may count for longevity and period pay purposes, active service in the grade of aviation cadet as authorized in Section 7 of the Naval Reserve Act of 1938.

Section 7 of the Naval Reserve Act of 1938, 52 Stat. 1176 contains a proviso:

That for the purposes of computing increases in pay of commissioned officers on account of length of service, active service in the grade of aviation cadet shall be considered as commissioned service

The above provision continued to be the law until its repeal by section 15 (f) of the act of August 4, 1942, 56 Stat. 739, Public Law 698. On and after that date it continued in effect as to aviation cadets previously appointed by the Secretary of the Navy, as distinguished from aviation cadets who enlisted under the provisions of that act. Section 14 of the act of August 4, 1942, provides:

No back pay or allowances shall be deemed to have accrued under the provisions of this Act prior to its enactment: Provided, That aviation cadets previously appointed by the Secretary of the Navy, as distinguished from aviation cadets enlisted under the provisions of this Act, shall continue to serve under such appointments until commissioned or discharged from the naval service, and the active service of such aviation cadets shall be considered as commissioned service for the purpose of computing increases in pay of commissioned officers on account of length of service. [Italics supplied.]

Except as affected by the act of August 4, 1942, the quoted provision from section 7 of the Naval Reserve Act of 1938 is not affected by the 1942 pay act. See answer to question 5, supra. This question is answered in the affirmative as to service in the grade of aviation cadet where such service was under appointment in accordance with laws in effect prior to the effective date of the act of August 4, 1942.

[Whether] (9) Warrant officers and enlisted men of the Naval Reserve may count for pay purposes on and after June 1, 1942, all service (both active and inactive) in the Naval Reserve Force or Marine Corps Reserve Force, created by the Act of August 29, 1916.

This question is answered in the affirmative.

You also request decision upon a question contained in paragraph 9 of the letter of July 28, 1942, from the Chief of the Bureau of Supplies and Accounts, as follows:

9. Officers of the line of the Navy appointed pursuant to the authority contained in Section 2 of the Act of August 27, 1940, were allowed to count for longevity pay purposes all service, including service as aviation cadets, with which they were credited under the provisions of Section 3 of the Pay Readjustment Act of 1922 and Section 7 of the Naval Reserve Act of 1938. The service which such officers were entitled to count on date of appointment in Regular

Navy is enumerated in Paragraph G–1 (b) of the Pay Bill Instructions, Appendix A, Bureau of Supplies and Accounts Manual. It is requested that a decision be obtained from the Comptroller General as to whether such officers may continue to count the service referred to for longevity pay purposes in view of the provision in Section 1 of the Pay Readjustment Act of 1942 that longevity pay for officers of the Regular Navy shall be based on the total of all service in any or all of said services which is authorized to be counted for pay purposes under the provisions of that Act or as may otherwise be provided by law.

Under section 2 of the act of August 27, 1940, 54 Stat. 864, the President was authorized to appoint in the line of the Regular Navy and Marine Corps, by and with the advice and consent of the Senate, as many Naval aviation cadets of the Naval and Marine Corps Reserve as he may deem necessary, as more particularly therein provided. It was further provided that:

in computing the pay of officers appointed under the authority of this act, credit for longevity shall be given them for all service, including service as aviation cadets, with which they have heretofore been credited.

Aviation officers of the Naval and Marine Corps Reserve, who were appointed in the line of the Regular Navy and Marine Corps under the act of August 27, 1940, were given the same longevity benefits as were conferred upon them in their status as officers of the Naval and Marine Corps Reserve. The service authorized to be credited to the officers so appointed under the quoted proviso is not modified by the Pay Readjustment Act of 1942. This question is answered in the affirmative.

(B-29694)

STATUTORY CONSTRUCTION; CLAIMS FOR PERSONAL INJURIES AND PROPERTY DAMAGE BY AMERICAN MILITARY FORCES IN FOREIGN COUNTRIES

Pursuant to 1 U. S. Code 54, the contents of the U. S. Code have only a prima facie effect, and the question of whether a statute is still in effect is for consideration under the principles of statutory construction without regard to any statements contained in the Code with respect thereto. The act of January 2, 1942, pertaining to the settlement, generally, of claims not exceeding $1,000 for damages to the property or the persons of inhabitants of any foreign country caused by Army, Navy or Marine Corps forces, does not repeal or supersede the act of April 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 exceeding $1,000 in amount may be disposed of under either act, if they otherwise conform to the requirements of each act, and larger claims are for consideration under the said act of April 18, 1918.

The act of April 18, 1918, pertaining to the settlement of claims of inhabitants of friendly European countries for damages caused by American military forces, is applicable not only to claims for damage to property, but applies, also, to claims arising from personal injury or death, including claims for damages for pain, suffering, loss of earning capacity, and loss of prospective support, provided, in accordance with the terms of the statute, such claims would be payable according to the law or practice governing the military forces of the country in which they occur.

Under the act of April 18, 1918, pertaining to the 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 the terms of the statute, such claims would be payable according to the law or practice governing the military forces of the country in which they occur.

Comptroller General Warren to the Secretary of War, November 5, 1942:

I have your letter of October 19, 1942, as follows:

The War Department is in receipt of a communication from the Commanding General, European Theater of Operations, in which it is requested that authority be granted for the settlement, approval and payment of claims arising in that theater of operations, caused by American military forces which grew out of personal injury or death under the authority, and subject to the conditions, of the Act of Congress approved April 18, 1918, 40 Stat. 532; 5 U. S. C. 210. In this connection reference is made to the Act of January 2 1942, 55 Stat. 880, authorizing the settlement of claims arising in foreign countries not to exceed $1,000, and particularly to Section 3 thereof.

The situation called to the attention of the War Department by the Commanding General, European Theater of Operations, is brought about because of the limitation as to amount fixed by the Congress in the Act of January 2, 1942, supra. The authority contained therein is not fully adequate in all cases where claims are presented against the Government for personal injury or death because similar claims against the British Government are settled without any such limitation and solely with regard to the actual damages sustained. With a view to promoting and maintaining friendly relations with European countries in which the American troops are stationed, it seems manifest that steps should be taken at once to correct the situation as indicated above.

The War Department is desirous of authorizing the settlement of claims under the provisions of the Act of April 18, 1918, supra, in order to accomplish this purpose if such a course may be legally pursued.

With a view to answering the inquiry in question, and in order that proper instructions may be promulgated in the premises, your decision is requested on the following questions, assuming that all of the conditions of the Act of April 18, 1918, are met with respect to a given claim:

a. Is the Act of April 18, 1918, 40 Stat. 532; 5 U. S. C. 210, still in force and effect with relation to claims currently arising in Europe?

b. If your answer to the above question is in the affirmative, is the Act of April 18, 1918, available for the payment of damages resulting from personal injury or death, and if so, may awards be made for pain, suffering, loss of earning capacity, and, in connection with death claims, for loss of prospective support?

Is the Act of April 18, 1918, available for the settlement of claims currently arising in Europe for property damage and for personal injury or death caused by the criminal acts of military personnel?

In this general connection your attention is also invited to the decisions of the Comptroller of the Treasury contained in 25 C. D. 896 and 27 C. D. 365. In view of the urgency of the matter, your early decision is requested.

The said act of April 18, 1918, 40 Stat. 532, reads:

That claims of inhabitants of France or of any other European country not an enemy or ally of an enemy for damages caused by American military forces may be presented to any officer designated by the President, and when approved by such an officer shall be paid under regulations made by the Secretary of War.

SEC. 2. That claims under this statute shall not be approved unless they would be payable according to the law or practice governing the military forces of the country in which they occur.

SEC. 3. That hereafter appropriations for the incidental expenses of the Quartermaster Corps shall be available for paying the claims herein described. SEC. 4. That this statute does not supersede other modes of indemnity now in existence and does not diminish responsibility of any member of the military forces to the person injured or to the United States.

The act of January 2, 1942, 55 Stat. 880, also referred to in your letter, provides:

That during the national emergency declared by the President on May 27, 1941, to exist, and for the purpose of promoting and maintaining friendly relations by the prompt settlement of meritorious claims, the Secretary of War and the Secretary of the Navy are hereby authorized to appoint a Claims Commission or Commissions, composed of officers of the Army, Navy, or Marine Corps, as the case may be, to consider, adjust, determine, and make payments in final settlement of bona fide claims on account of damages caused by Army, Navy, and Marine Corps forces, or individual members thereof, in a foreign country or possession thereof, including places located therein which are under the temporary or permanent jurisdiction of the United States, to the property, public or private, or the persons of inhabitants of such foreign countries, where the amount of such claim does not exceed $1,000: Provided, That no claim shall be considered by such commissions unless presented within one year from the date of the accrual of said claim: Provided further, That any such settlements made by such Commissions under the authority of this Act shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary.

SEC. 2. All payments in settlement of claims under section 1 of this Act shall be made out of the appropriation "Pay, subsistence, and transportation of naval personnel", as to Navy and Marine Corps claims, and out of such appropriation for the Military Establishment as may be determined by the Secretary of War as to Army claims.

SEC. 3. This Act shall be supplementary to, and not in lieu of, all other provisions of law authorizing consideration, adjustment, determination, and payment of claims by the Secretary of War and the Secretary of the Navy, respectively.

There is noted in Federal Code Annotated the statement that the said act of April 18, 1918, 5 U. S. Code 210, is superseded by 31 U. S. Code 223 (54 Stat. 357). However, such position does not appear tenable, in view of the differences in the provisions and apparent purposes of the said sections. 31 U. S. Code 223 is derived from the provisions of successive Army appropriation acts. It is expressly limited to claims not exceeding $500 each for damages to private property incident to the training, operation, etc., of the Army. The act of April 18, 1918, 5 U. S. Code 210, on the other hand, applies to claims of inhabitants of friendly European countries for damages "caused by American military forces", without limitation as to amount and without limitation to property damage. It has been held that the latter act includes claims for damages by forces of the Navy and Marine Corps as well as of the Army. See 27 Comp. Dec. 365. There is noted, also, a statement in a note to 5 U. S. C. A. 210 that the said section "has become section 223a of Title 31, Money and Finance"; but there appears to be no section 223a of Title 31 in U. S. C. A. The same error or omission is found in the U. S. Code, 1940 edition.

However, subsection (a) of section 54, Title I, U. S. Code, provides, in substance, that the contents of the code shall have only a prima facie effect. Furthermore, it has been held that the question whether a statute has been repealed by implication is a judicial question and that a recital in a statute that another statute had been repealed is