INDEX-DIGEST

ACCOUNTING. See Taxes.

ACTIVE FEDERAL SERVICE. See Military Pay.
ADMINISTRATIVE DECISIONS. See Contracts.
ADMINISTRATIVE REGULATIONS. See Taxes.

ADMIRALTY. See Court of Claims-Jurisdiction.

ALIEN PROPERTY CUSTODIAN. See Trading with the Enemy Act.
ASSIGNMENT OF CLAIMS. See Contracts.

ASSIGNMENT OF CLAIMS ACT. See Contracts.

ATTORNEY GENERAL. See Trading with the Enemy Act.

ATTORNEYS' FEES. See Taxes.

AUTHORITY OF GOVERNMENT AGENT. See Government Agent.
BACHARACH ACT. See Civilian Pay.

BIDDERS-INFORMATION TO. See Contracts.

CAPITAL GAINS. See Taxes.

CAREER COMPENSATION ACT. See Military Pay.

CAREER INCENTIVE ACT. See Military Pay.

CARRIERS.

CARRIAGE OF GOODS.

Demurrage.

Free time.

Free time is granted by carriers by water for hire not as a gratuity
but as an incident of their obligation to make delivery and is a part
of the transportation service. It must be long enough to afford the
consignee a reasonable chance to accept delivery of the cargo with-
out incurring liability for penalties but need not be longer. Siljes-
tad, 141.

Shipping 177(1)

CHANGED CONDITIONS. See Contracts.

CIVILIAN PAY.

APPOINTMENTS IN PERMANENT CAREER SERVICE.

Whitten Rider of 1954.

Military service-how credited.

While section 12 of the Veterans' Preference Act of 1944 requires
that military service time must be counted in computing total length

149 C. Cls.

CIVILIAN PAY-Continued

APPOINTMENTS IN PERMANENT CAREER SERVICE-Continued

Whitten Rider of 1954-Continued

Military service-how credited-Continued

of service in connection with reductions in force in the civilian Gov-
ernment service, such time in military service need not be counted
in connection with making permanent career appointments under
the 1954 amendment to the Whitten Rider, 68 Stat. 1115, except to
the extent permitted by Civil Service Regulations issued thereunder.
5 C.F.R. § 2.301. This regulation permitting the counting of mili-
tary service only where such service occurs after an employee's non-
temporary appointment in the competitive service, is not violative
of section 12 of the Veterans' Preference Act. Cunningham, 161.
Officers 10

CLASSIFIED CIVIL SERVICE.

Indefinite appointment.

A person having an indefinite appointment in the Government service
does not have classified civil service status and is not entitled to the
protection of the Lloyd-La Follette Act (5 U.S.C. § 652, et seq.).
Umbeck, 418.

Officers 11.1

CUSTOMS INSPECTORS.

Longevity credit.

Bacharach Act service-when available.

The 1950 amendment to the Classification Act of 1949, 64 Stat. 262,
permitting the granting of longevity credit for service at the maxi-
mum authorized rate specified in the Bacharach Act of May 29, 1928,
45 Stat. 955, is applicable only to customs inspectors who, at the
time of the adoption of the 1949 Act, were being compensated on
the basis of Bacharach Act rates, not only because, as a general
rule, statutes operate prospectively, but also because it appears from
the legislative history of the 1950 amendment that Congress under-
stood the amendment would apply only to those employees of the
Customs and Immigration Services who were being compensated
under the Bacharach and Reed-Jenkins Acts at the time of the
adoption of the 1949 Act. Martin, 397.

United States 39 (2)

DISMISSAL.

Arbitrary and capricious action.

What constitutes.

In a case involving dismissal of a First Assistant Engineer on
charges of deserting his ship where the evidence shows that follow-
ing an assault by a junior noncommissioned officer, plaintiff, despite
pleas to remain aboard, left the ship with some of his possessions,
spent the night in a hotel, and flew back to New York, and absent

149 C. Cls.

CIVILIAN PAY-Continued

DISMISSAL-Continued

Arbitrary and capricious action-Continued

What constitutes-Continued

proof to support his allegation that he asked permission to rejoin
his ship in Norfolk, the employing agency was not arbitrary in
concluding that he intended to and did desert his ship, requiring
the penalty of dismissal. 46 U.S.C. § 701 (1952). Guiness, 1.
Officers

72(1)

Where the employing agency and the Civil Service Commission
afford a Government employee a full and fair hearing and investi-
gation in connection with his dismissal for the good of the service
and where they conclude on the basis of a full record that plaintiff's
offenses were sufficiently serious to warrant his dismissal, the
court will not hold that such dismissal was arbitrary. Dulcy, 153.
Officers 72(1)

Recovery-measure of.

Obligation to seek other employment.

When Congress provided in the Security Act of August 26, 1950,
64 Stat. 476, that, upon a reinstatement after discharge, an em-
ployee might be paid his back pay less interim earnings, Congress
must have intended that claimants should make reasonable efforts
to secure other employment during periods of dismissal or suspen-
sion and that there should be deducted from any administrative
award of back pay not only amounts actually earned by the employee
during the period of wrongful suspension, but also any amounts
which the employee might, with reasonable effort, have earned
during such period except for time spent in prosecuting his appeal
for reinstatement. Schwartz, 145.
United States

39 (8)

Regulation of executive department.

Where, in the course of removing for cause a civilian employee of
the Navy Department, it appears that all of the Navy Department
regulations relative to charges, notice, hearing, appeals, etc., were
observed, there has been no procedural defect. Cowen, 598.
Armed Services 27

Regulation of President's Committee.

Where the regulations of the President's Committee on Government
Employment Policy require that a summary of testimony be prepared
and agreed to by the interested parties, and the employee concerned
received such a summary but refused to agree to it, there has been
substantial compliance by the Committee with its own regulations;
also where the regulations require that the employee concerned be
sent a copy of the Committee's advisory opinion and the employee
625946-62-55

149 C. Cls.

CIVILIAN PAY-Continued

DISMISSAL-Continued

Regulation of President's Committee-Continued

gets it from the Government Printing Office rather than from the
Committee, there has been substantial compliance with that regu-
lation since the important thing is that the employee get the opinion
and not where it comes from. Dulcy, 153.

Veteran preference eligible.

Performance Rating Act.

Appeal to Civil Service Commission on merits.

A civil service regulation which denies to a veteran a hearing on
the merits of his discharge carried out under the procedures of the
Performance Rating Act of 1950 (64 Stat. 1098), where the veteran
has had a hearing before the statutory review board established
under the 1950 Act, violates the provisions of section 14 of the
Veterans' Preference Act of 1944 which gives to veterans the right
to appeal to the Civil Service Commission on the merits of their
dismissals. The regulation is invalid. Chisholm, 8.
Officers 72(1)

Section 14 of the Veterans' Preference Act of 1944 gives to prefer-
ence eligibles in the civilian Government service the right to an
appeal to the Civil Service Commission reaching the merits of their
dismissals even where the charges upon which the dismissal was
based were previously reviewed under the provisions of the Per-
formance Rating Act of 1950 (64 Stat. 1098); and the civil service
regulation limiting such appeals to the matter of procedural defects
is in violation of the Veterans' Preference Act and invalid.
Chisholm, 8.

Officers 72(2)

Since the Performance Rating Act of 1950 (64 Stat. 1098) only
makes an unsatisfactory rating the basis for a discharge and does
not require a discharge, it is not inconsistent with the provisions of
section 14 of the Veterans' Preference Act of 1944 (58 Stat. 390)
which requires that discharged veterans be given a chance to appeal
for all purposes by the Civil Service Commission. The Boards of
Review operating under the Performance Rating Act of 1950 are
not concerned with whether or not an employee should be dis-
charged, whereas section 14 of the Veterans' Preference Act deals
with discharges and provides for an appeal on the merits of the
discharge before the Civil Service Commission. Chisholm, 8.
Officers 72(1)

149 C. Cls.

CIVILIAN PAY-Continued

REDUCTION IN FORCE.

Limitation of actions.

Accrual of cause of action.

Civil Service Commission recommendation to reinstate a

veteran.

When an employing agency fails to obey a recommendation of the
Civil Service Commission to reinstate a veteran whom the Com-
mission has ruled has been illegally reduced in force, that recom-
mendation of the Commission creates a new statutory claim in the
veteran for his back pay in addition to the claim for pay which
accrued when the improper separation took place, but the claim
must be filed within six years of the date of the recommendation in
order to fall within the jurisdiction of the Court of Claims. 28
U.S.C. § 2501. Feldman, 22.

Courts 461

Continuing claim theory not applicable to reduction in force
claims.

While in some circumstances it may be proper to consider that in
a suit for back pay for wrongful separation a fresh and separate
cause of action accrues on each occasion that pay is due and wrong-
fully withheld, this theory is not applicable to claims arising out of
wrongful reductions in force since the application of the theory to
these situations will not properly implement the statutes and regu-
lations governing reductions in force. Feldman, 22.
Courts 461

Recovery-measure of.

Where employee is not reinstated.

Where the plaintiff was illegally reduced in force and not reinstated,
the limitations on the recovery of back pay imposed by the Lloyd-La
Follette Act as amended, 5 U.S.C. § 652(b) (3), are not applicable.
Crocker v. United States, 130 C. Cls. 567; McGuire v. United States,
145 C. Cls. 17. This applies to in-grade increases, statutory pay in-
creases and annual leave payment. Hynning v. United States, 141
C. Cls. 486. Harris, 15.

Civil Service Commission recommendation mandatory.

Under section 19 of the Veterans' Preference Act as amended in
1948 (62 Stat. 575), recommendations of the Civil Service Commis-
sion made under section 12 relative to reductions in force, have the