gress itself adopted, and in so doing the Congress has seen fit to qualify its application. If in the public interest contracts under the circumstances here involved should be prohibited the remedy lies with the Congress by amendment to the statute, the duty of the executive branch of the Government being to administer statutes as enacted. It is my opinion, therefore, that the fact that the Honorable Andrew L. Somers, a Member of the Congress, owns approximately 30 percent of the capital stock, and is president, of the Fred. L. Lavanburg Co. does not make it unlawful for the Bureau of Engraving and Printing to accept that company's bid. Your General Counsel suggests the possibility that under such a construction of section 116 a Member of the Congress could "circumvent the prohibition of section 114 of the Criminal Code by the simple expedient of forming a corporation and retaining all the stock." The questions whether a corporation formed for such a purpose would have the right under section 116 to contract with the Government, or under what circumstances it may be proper and possible to disregard the corporate entity, are not now passed upon. These questions are not raised by the facts stated in your letter. Respectfully, HOMER CUMMINGS. SETTLEMENT OF CLAIMS ARISING IN CONNECTION WITH CIVILIAN CONSERVATION CORPS OPERATIONS Whether an enrollee of the Civilian Conservation Corps was "acting within the scope of his employment" when using a Government-owned truck to transport an employee to his home depends upon whether such transportation at the particular camp was authorized by the President or other proper officer and whether the enrollee who drove the truck was designated to provide the transportation. The SECRETARY OF THE INTERIOR. MAY 24, 1938. MY DEAR MR. SECRETARY: Reference is made to your letter of May 16 requesting my opinion whether an enrollee of the Civilian Conservation Corps was "acting within the scope of his employment," under the act of December 28, 1922 (c. 17, 42 Stat. 1066; U. S. C., title 31, sec. 215), authorizing adjustment of claims for damages to privately owned property, when using a Government truck to transport a Civilian Conservation Corps employee to his home. I agree with your Solicitor that provision for transportation of employees could lawfully have been made, in proper circumstances. The act of March 31, 1933 (c. 17, 48 Stat. 22, 23), under which the Civilian Conservation Corps was established expressly authorized the President, "in his discretion, to provide for * * * transportation * * * to and from the places of employment." Whether, in the case you have submited, the enrollee was acting within the scope of his employment depends upon whether the President, or some one exercising delegated authority and discretion, authorized transportation of employees between the particular camp and their homes, and whether someone in proper authority authorized the particular employee who drove the truck to provide the transportation. The absence of definitely stated facts of the nature suggested makes it impossible for me to answer your question categorically, but I am hopeful that the general rule which I have indicated will enable you to dispose of the matter. Respectfully, HOMER CUMMINGS. ANNUAL LEAVE-EXCLUSION OF NONWORK DAYS The act of March 14, 1936, authorizing annual leave for Government employees does not permit exclusion of nonwork days other than Sundays and holidays when computing such leave. JUNE 22, 1938. The ACTING DIRECTOR, BUREAU OF THE BUDGET. MY DEAR MR. BELL: Reference is made to your letter of June 15, 1938, enclosing copy of a letter of June 6, 1938, addressed to the President by Mr. Luther C. Steward, Pres ident of the National Federation of Federal Employees, in which Mr. Steward recommends that Executive Order No. 7845 of March 21, 1938, prescribing regulations relating to annual leave of Federal employees, be amended so that a nonwork day established by administrative order shall not be charged as leave when occurring in a period of annual leave. Your letter states in part: "In the event you conclude that the proposed change is authorized by law, I should very much appreciate it if you would have a suitable draft of Executive order prepared to accomplish the desired purpose * * *" Executive Order No. 7845 was issued under authority of the act of March 14, 1936, 49 Stat. 1161, the pertinent provisions of which read: "That with the exception of teachers and librarians of the public schools of the District of Columbia and officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama, and except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the Government of the District of Columbia, regardless of their tenure, in addition to any accrued leave, shall be entitled to twentysix days' annual leave with pay each calendar year, exclusive of Sundays and holidays: Provided, That the part unused in any year shall be accumulated for succeeding years until it totals not exceeding 60 days. This act shall not affect any sick leave to which employees are now or may hereafter be entitled. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to two and one-half days leave for each month of service. The annual leave herein authorized shall be granted at such times as the heads of the various Departments and independent establishments may prescribe. This act becomes effective January 1, 1936." "SEC. 7. The leave of absence herein provided for shall be administered under such regulations as the President may prescribe, so as to obtain, so far as practicable, uniformity in the application of this act." Construing prior statutes relating to annual leave of employees of the Federal Government the Attorneys General have consistently held that in calculating the period of annual leave taken no days may be excluded except such as the statute expressly authorizes to be excluded. 20 Op. 716, 718; 22 Op. 77. See also 36 Op. 407, and idem. 444, 446. There is nothing in the act of March 14, 1936, to require a different construction in this respect. It expressly authorizes Sundays and holidays to be excluded in computing annual leave taken, but does not authorize the exclusion of any other day. I am of the opinion, therefore, that the President is without authority by Executive order to provide for the exclusion of days other than Sundays and holidays. Respectfully, ROBERT H. JACKSON, CIVIL SERVICE RETIREMENT ACT In cases involving applications for pensions under the pension laws and for annuities under the Civil Service Retirement Act the Administrator of Veterans' Affairs, who administers the pension laws, should certify to the Civil Service Commission, which administers the Civil Service Retirement Act, the period of military or naval service upon which the pension is actually based, as that period is determined by the former officer. The ADMINISTRATOR OF VETERANS' AFFAIRS. JULY 14, 1938. MY DEAR GENERAL HINES: Under date of February 16 you requested my opinion "as to the nature of the information or report which should be furnished to the Civil Service Commission" in cases involving applications for pensions under the pension laws and for annuities under the Civil Service Retirement Act (May 22, 1920, c. 195, 41 Stat. 614, 615; May 29, 1930, c. 349, 46 Stat. 468, 472; U. S. C., title 5, sec. 707). The latter act provides as follows: "SEC. 5. Subject to the provisions of section 9 hereof, the aggregate period of service which forms the basis for calcu lating the amount of any benefit provided in this act shall be computed from the date of original employment, whether as a classified or an unclassified employee in the civil service of the United States, or in the service of the District of Columbia, including periods of service at different times and in one or more departments, branches, or independent offices, or the legislative branch of the Government, and also periods of service performed overseas under authority of the United States, and periods of honorable service in the Army, Navy, Marine Corps, or Coast Guard of the United States; in the case of an employee, however, who is eligible for and elects to receive a pension under any law, or retired pay on account of military or naval service, or compensation under the War Risk Insurance Act, the period of his military or naval service upon which such pension, retired pay, or compensation is based shall not be included, but nothing in this act shall be so construed as to affect in any manner his or her right to a pension, or to retired pay, or to compensation under the War Risk Insurance Act in addition to the annuity herein provided." [Italics supplied.] Your further letter of June 8, setting forth the facts in several cases, indicates that the question concerns pensions granted under the act of March 20, 1933, c. 3, 48 Stat. 8, and Executive orders issued pursuant thereto. That act provided, in part, as follows: "SECTION 1. That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropriations made by Congress, the following classes of persons may be paid a pension: * * * "SEC. 4. The President shall prescribe by regulation (subject to the provisions of section 1 (e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebellion and the Philippine Insurrection, service within which shall for the purposes of this act be deemed war-time service. * * *” |