States," as used in section 113 of the Criminal Code, and the
words "a person holding any place of trust or profit, or dis-
charging any official function under, or in connection with
any executive department of the Government of the United
States," as used in section 109 of the Criminal Code. 294.
The word "department" when used in a statute is not
necessarily to be understood as including only the "executive
departments" denominated as such in the Revised Statutes.
Later cases in the Supreme Court make it clear that one
may be an "officer" of the United States and that a govern-
mental establishment may be a "department" within the
contemplation of particular statutes without necessarily
meeting the tests suggested in United States v. Germaine, 99
U. S. 508. 294.
Section 190 R. S. is inapplicable to members of local War
Price and Rationing Boards because by express provision of
the Revised Statutes the title in which it is contained, and
the word "department" as used therein, are applicable only
to the executive departments therein specifically named. 294.
Temporary employee; law partner.
Attorney appointed temporarily to the Joint Army and
Navy Committee on Welfare and Recreation to serve as an
Expert Consultant to the Secretary of War, without compen-
sation other than for expenses, is subject to the provisions of
section 109 of the Criminal Code.
Section 801 (j) in the Renegotiation of War Contracts Act
of October 21, 1942 (56 Stat. 982), is a general exception and
qualification to sections 109 and 113 of the Criminal Code
and to section 190 R. S. 289.
The prosecution of a claim against the Government by a
law partner of an Expert Consultant, while the latter is
temporarily employed by the Government, would subject the
Consultant to the penalties of section 109 and possibly to those
of 113 of the Criminal Code. 289.
Delegation of authority, Federal Security Administration.
The Federal Security Administrator is authorized to charge
the Assistant Administrator with performance of the duties
prescribed in section 701 (e) of the Federal Food, Drug, and
Cosmetic Act as amended by Reorganization Plan No. IV
(21 U. S. C. 371 (e)). 34.
The situation is not the same as in connection with the
regulations involved in the opinion of October 14, 1933, 39
Op. A. G. 541. The motivating purpose in that opinion was
not merely to uphold proposed delegations of authority but,
at the same time, to guard against anticipated challenges and
resulting litigation. 34.
OFFICERS-Continued.
Error in administrative determination.
An administrative determination in good faith that the
prosecution of the war will be facilitated by the modification
or amendment of a contract may not be drawn into question
as being an error of judgment.
Head of a department certifying vouchers.
When the head of a department or agency certifies vouchers
he is required by the act of December 29, 1941 (55 Stat. 875),
to be bonded.
Personal action not necessary.
Even if the duties relating to the registration of copyrights
were imposed directly upon the Librarian it would be unneces-
sary for him to act personally on the examination or reexami-
nation of a particular claim. 27.
Redelegation of authority, Army contracts.
The proposed redelegation of authority to make, modify,
and amend contracts for war matériel purchased by the War
Department and to authorize the waiver of certain statutes
ordinarily applicable to procurement contracts, is in accord-
ance with the provisions of the First War Powers Act, 1941
(55 Stat. 838), and Executive Order No. 9001 of December 27,
1941. 225.
Reliance upon determination made by another.
When an administrative officer has determined that an
importation is "war material" within the meaning of the act
of June 30, 1914 (38 Stat. 399), and Executive Order No.
9177, the importation is entitled to duty-free entry. The
customs officials are entitled to rely upon the determination
embodied in the administrative officer's certificate and are
not required to make an independent determination. 283.
Supervision, review of subordinate's decision.
The provision that the Register of Copyrights shall perform
his duties under the direction and supervision of the Librarian
of Congress does not warrant a demand by counsel that the
Librarian personally examine upon its merits a claim for copy-
right registration denied by the Register.
Acting postmaster appointed postmaster.
Alien spouse. *Naturalization. 64.
Authority to purchase land. *Lands.
Authority to protect oil deposits. *Mineral Deposits. 41.
Compensation from foreign government. *Compensation. 513.
Compensation, withholding. *Compensation. 38.
Constitutional questions raised by. *Attorney General. 158.
Delegation of authority, Tort Claims Act. *Claims. 503.
Directors, defense relocation corporations. *Emergency Relief
Appropriations. 193.
Leave, assisting foreign government. *Compensation. 513.
Negligence, liability. *Claims. 38.
Office relegated to lower class. *Postal Service. 551.
Retirement, computation of service. *Retirement. 124.
Retirement, Fleet Reserve officer. *Navy. 51.
Retirement of congressmen. *Retirement. 412.
Retirement of department heads. *Retirement. 412.
Retirement, restoration to active duty. *Retirement.
Veterans' Preference. See Veterans.
PANAMA CANAL ZONE.
Civil Service, citizens of Panama. *Employees. 515.
Exportation of military equipment. *Exportation.
Police, physical requirements. *Veterans. 454.
Regulations.
Issuance of patents to Government employees.
An application filed by an inventor at a time when he is
not a Government employee may, if still pending when he
enters the Government service, be treated as coming within
the act of April 30, 1928, 45 Stat. 467, to the extent that a
patent may be issued without payment of the final fee, pro-
vided (1) the employee amends his application by inserting
therein the stipulation that the invention may be manufac-
tured and used for governmental purposes without payment
to him of any royalties thereon, and (2) the head of the De-
partment certifies that such invention is used or liable to be
used in the public interest. 525.
Waiver of royalties by Alien Property Custodian.
The Alien Property Custodian is authorized to relieve
licensees and assignees of the obligation to pay royalties, in-
cluding accrued royalties, under patents where another agency
of the United States is required by contract to reimburse the
licensees or assignees for such royalty payments, and his
authority to do so is not conditioned upon a surrender by the
licensees or assignees of their exclusive rights. 338.
All items digested or indexed under Compensation.
PERMITS.
Foreign aircraft. *Civil Aeronautics Act. 136.
PHILIPPINE ISLANDS.
Citizenship of natives. *Citizenship. 432.
Officers, employees. See Hatch Act.
POSTAL SERVICE.
Acting postmaster, appointment as postmaster.
Both the language and the legislative history of the act of
May 20, 1944 (58 Stat. 224), require the conclusion that this
statute does not authorize the appointment of an acting post-
master, serving under section 3 of the act of June 25, 1938,
as amended (52 Stat. 1076; 54 Stat. 1221), to the position of
postmaster. 348.
Effective date of increased postal rates.
Title IV of the Revenue Act of 1943 (58 Stat. 69) providing
certain increases in postal rates, became effective on Sunday,
March 26, 1944, that being the thirtieth day after passage of
the measure over the Presidential veto. 311.
Office relegated to lower class, new appointment.
The relegation of a first-, second-, or third-class post office
to the fourth class requires a new exercise of the appointing
power by the Postmaster General. 551.
Postmaster, residence requirement.
The word "town" as used in the term "city or town" in
the act of June 25, 1938 (52 Stat. 1076), prescribing residence
requirements for appointment of postmasters does not include
a town of the New England type having two or more villages
or communities, each with its own post office. 407.
A resident of West Cheshire, Connecticut, in which a post
office has been established, is not eligible for appointment as
postmaster of the separate post office at Cheshire, Connecticut.
407.
Rates, foreign air carrier. *Civil Aeronautics Act. 112.
Retirement, computation of service.
Veterans' Preference Act. *Veterans. 556.
Aviation agreements, validity. *Treaties. 451.
Commander in Chief, powers. *Lend-Lease Act.
Exportation of military equipment. *Exportation. 42.
International agreement executed by President. *Treaties. 469.
Investigative reports *Confidential Information.
Land, interdepartmental transfer. *Mineral Deposits. 41.
Land, withdrawal from entry. *Lands. 73.
Park regulations. *Regulations. 418.
Pocket veto. *Constitutional Law. 274.
Property requisitioned for defense. *Requisitions. 101, 240.
Seizure of properties affected by strike.
*Labor Disputes. 312.
*Constitutional Law. 421.
Subsidies, canners of tomato juice. *Subsidies. 221.
Subsidies, producers of commodities.
Manufacture of war material.
The Federal statutes relating to interstate shipment of
prison-made goods clearly are not intended to prevent the
procurement of such goods from Federal or State prisons by
the Federal Government. 207.
Procurement by the Federal Government in this connection
includes purchases by Government contractors, subcontractors
or brokers, but only to the extent necessary in the fulfillment
of specific Government contracts and at prices substantially
equivalent to current market prices. 207.
The statute requiring the insertion of a provision in certain
Government contracts that no convict labor shall be em-
ployed by the contractor is inapplicable to contracts for war
materials because such contracts are exempted under an order
of the Secretary of Labor dated May 26, 1942. 207.
Executive Order No. 325A of May 18, 1905, had a particu-
lar and limited purpose, is inapplicable to procurements by
the Government itself, and imposes no obstacle to the program
of making full use of the facilities of prison labor in war pro-
duction. 207.
There is no provision of Federal law which prohibits the
purchase by the Federal Government of either State or Fed-
eral prison-made goods. 202.
State statutes which might be thought to restrict the type
of products that can be made in State prisons for the Federal
Government may be found upon examination in the light of
the present war conditions and the present Federal necessities
not to prevent procurement of war materials by the Federal
Government from this source. 202.
PROCEDURAL QUESTIONS.
Railroad Adjustment Board. *Railroads. 218.
Transfers between Government agencies.
Sections 3732 and 3736 R. S., which impose certain restric-
tions on contracts and purchases on behalf of the United
States, have no application to interagency transfers made
under clear authority of law.. 483.
Executive Order No. 9689 and the First War Powers Act,
1941 (55 Stat. 838), under which it was issued, supply the
War Assets Administration with ample authority to acquire
from the Reconstruction Finance Corporation and to hold
property and leases transferred to it pursuant to an order of
the Director of the Bureau of the Budget.
Foreign state. *Federal Reserve Act. 400.
Leased for war production. *Silver. 171.
Military requisitions abroad. *Requisitions. 250.
Real property. All items digested or indexed under Lands.
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