ANIMAL INDUSTRY BUREAU. JUNIOR VETERINARIAN, CHICAGO, ILL., COMPETITIVE STATUS. ANTITRUST LAWS. GOVERNMENT CONTRACTS FOR SUPPLIES. See CONTRACTS, 1. APPOINTMENTS. COMMISSIONER OF IMMIGRATION AND NATURALIZATION. APPROPRIATIONS. See PUBLICATION OF FEDERAL REGISTER. See FEDERAL REGISTER RECORDER OF DEEDS, DISTRICT OF COLUMBIA TO SUBMIT ESTI MATES FOR APPROPRIATIONS TO COMMISSIONER OF DISTRICT SETTLEMENT OF INDEBTEDNESS AGAINST PERSHING HALL, PARIS, VIRGIN ISLANDS, TRAVELING EXPENSES OF EMPLOYEES. See ARCHIVIST OF UNITED STATES. ARMY. EXPENDITURES FOR MAINTENANCE OF ARCHIVES BUILDING. 1. Enlisted men.-Payment of burial expenses of enlisted men who die while absent without authority.-A soldier temporarily absent without authority, particularly in the absence of facts showing that he is a deserter, is properly considered as "in active service" or "on the active list" within the meaning of the Act of March 9, 1928 (45 Stat. 251), authorizing appropriations for burial expenses of enlisted men who die in active service, etc. 239. 2. Same. The term "on active duty" distinguished from the terms "in active service" and "on the active list." 239. 3. Jurisdiction in connection with the adjudication of claims for lost property arising under the act of March 4, 1921, 41 Stat. 1437.-The Comptroller General is without authority to review the findings of fact made by the Secretary of War in the adjudication of claims arising under the act of March 4 1921, 41 Stat. 1437, providing that the personnel of the Army shall be entitled to replacement or compensation in damages for personal property lost or damaged under certain circumstances. However, the conclusion of the Secretary of War as to whether a particular claim under the facts found comes within the act, is not binding on the Comptroller General, and the latter may review such claims to determine whether payment thereof is authorized by the statute, his determination being subject to review by the Court of Claims and, in a proper case, by the Attorney General. 181. ARMY-Continued. 4. Same. The question whether the Secretary of War would be legally justified in ordering the disbursing officer of the Army to make payment of a claim approved by the Secretary of War but previously disallowed by the Comptroller General, involves a matter of policy as to which it would not be proper for the Attorney General to advise the Secretary of War. 181. 5. Officers.-Cause of death of certain noncommissioned officer.A soldier suffering from syphilis was admitted to a post hospital and given intravenous injections of neo-arsphenamine and bismuth salicylate at various intervals. The soldier died, and a Military Board of Inquiry found that his death was due to reaction from the neo-arsphenamine injected during treatment, and that the treatment was given in a proper manner with the usual safeguards and by proper authority. There was no finding as to how the disease was acquired. 65. 6. Same.-Held, the soldier's death was not proximately caused by his own misconduct and did not "result" from such misconduct within the contemplation of the act of December 17, 1919, ch. 6 (41 Stat. 367). 65. 7. Same. Statutory disability of army officer convicted of crime. Colonel Joseph I. McMullen, Judge Advocate General's Department, United States Army was convicted in the Supreme Court of the District of Columbia of violating Section 203, Title 18 of the United States Code, which provides, in part, that a person convicted thereunder shall be fined and imprisoned "and shall moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States." Colonel McMullen appealed from the judgment of conviction and was admitted to bail. 468. 8. Same.-Held, The appeal did not stay the disqualification provision of the statute, and upon the entry of judgment and sentence Colonel McMullen, under the statute, became immediately incapable of holding any office of honor, trust, or profit under the Government of the United States. 468. EFFECT OF DESERTION, WORLD WAR ADJUSTED COMPENSATION ACT. See WORLD WAR ADJUSTED COMPENSATION ACT, 1-3. INTERCHANGE OF PROPERTY BETWEEN ARMY AND NAVY. PROPERTY, 1-5. ASSIGNMENT. See FEDERAL EMPLOYEE'S INVENTION TO UNITED STATES GOVERN- ATTORNEY GENERAL. 1. Opinions reconsidered.-The Opinion of the Attorney General to the Secretary of the Treasury of January 20, 1914 (30 Op. 252), holding that special assessment districts lawfully created for public purposes under the authority of the several ATTORNEY GENERAL-Continued. states and authorized to exercise a portion of their respective sovereign powers are state political subdivisions within the meaning of the Revenue Act of 1913, should not be disturbed. 563. 2. Internal revenue stamps.-Sale to manufacturer of fermented liquors.-The Attorney General declines to render an opinion upon the question whether a collector of internal revenue must sell stamps evidencing payment of the taxes imposed by section 608 of the Act of February 24, 1919 (40 Stat. 1109) to a manufacturer of fermented liquors, as this question is judicial in nature. 1. 3. Jurisdiction. Certain cases in which the Attorney General will not render an opinion.-The Attorney General is without authority to render an opinion upon a question already considered and decided by the official presenting the question, and he will decline to render an opinion upon a question contemporaneously pending before the courts for determination. 149. QUESTIONS OF POLICY UPON WHICH NO ADVICE CAN BE GIVEN. OPINIONS, QUESTION OF RECONSIDERATION. See WORKMEN'S PERMANENT CHANGE OF STATION FOR NAVAL OFFICER. See POWER IN MATTERS OF COMPROMISE. See COMPROMISE, 8-11. BANKHEAD COTTON CONTROL ACT. See TAXATION, 1-3. BANKING ACT OF 1935. INTEREST RATES ON POSTAL SAVINGS DEPOSITS. See POSTAL POSTAL SAVINGS DEPOSITS, INTEREST RATES. See PHILIPPINE BANKS AND BANKING. RIGHT OF UNITED STATES TO CUMULATIVE PREFERRED DIVI- BATH, N. Y. BIDS. AUTHORITY OF VETERANS' AFFAIRS ADMINISTRATOR TO CONSENT REJECTION FOR FAILURE TO MEET SPECIFICATIONS IN GOVERN- BIRD SANCTUARIES. ACQUISITION OF LAND FOR. See LANDS, 3. BLIND PERSONS. EMBOSSED BOOKS. See BOOKS FOR THE BLIND, 1, 2. BONDS. 1. Guaranty by United States of Bonds of Home Owners Loan Corporation and Federal Farm Mortgage Corporation.-The Home Owners Loan Act of 1933, as amended, and the Federal Farm Mortgage Corporation Act authorize, respectively, the Home Owners' Loan Corporation and the Federal Farm Mortgage Corporation to issue bonds in prescribed amounts and provide, "Such bonds shall be fully and unconditionally guaranteed both as to interest and principal by the United States", and all bonds issued thereunder recite that they are so guaranteed. 75. 2. Same.-Held, if either corporation should default in payment of either principal or interest when due, the United States would thereupon become obligated to make such payment, and its obligation would not be conditioned upon the institution of any proceeding by the bondholder against the corporation. 75. 3. Home Owners' Loan Corporation and Federal Farm Mortgage Corporation-Issuance of duplicate bonds.-The right to establish lost or destroyed bonds is an equitable right not dependent upon express statuary provision. 337. 4. Same. It is within the implied powers of a corporation to issue duplicates of lost or defaced bonds in proper cases; and the Home Owners' Loan Corporation and the Federal Farm Mortgage Corporation may adopt for their bonds the provisions of the Federal statutes and regulations concerning lost, destroyed, or defaced bonds of the United States. 337. 5. Same. Since the bonds of the said corporations are guaranteed by the United States, there must be a concurrence of action by the corporations and the Secretary of the Treasury in the issuance of duplicate bonds. 337. 6. Same. The issuance of duplicates of lost, destroyed, or defaced bonds of the Home Owners' Loan Corporation and the Federal Farm Mortgage Corporation by concurrent action of the corporation concerned and the Secretary of the Treasury is authorized in cases coming within the corporate resolutions and also within the scope of sections 3702-3705 R. S., as amended, and the regulations issued thereunder by the Secretary of the Treasury. 337. 7. Single bond.-Legality of use to cover two types of advances under different statutes.-Two bonds are required to be given the United States, one of which is to be prescribed and approved by the Secretary of Agriculture, covering nonsubsistence expenses under the Act of June 3, 1902, U. S. C., Title 31, sec. 533, and the other to be prescribed and approved by the Secretary of the Treasury, covering subsistence expenses under the Subsistence Expense Act of 1926 and regulations issued thereunder. 247. BONDS-Continued. 8. Same.-Held, there is no legal objection to the taking of a single bond containing separate conditions covering the two types of advances and providing definitely in connection with each the amount of the penalty applicable thereto, the bond being prescribed and approved by the Secretary of Agriculture and the Secretary of the Treasury, each with respect to his own separate responsibility. 247. GUARANTEED BY UNITED STATES. See NATIONAL HOUSING LEGALITY OF ISSUE. See PUERTO RICO, 8-15. BOOKS FOR THE BLIND. 1. Duty of the American Printing House for the Blind to furnish the Library of Congress copies of certain books.-The provision contained in the Legislative, Executive, and Judicial Appropriation Act of the fiscal year ending June 30, 1914 (37 Stat. 739, 748), that the distribution of embossed books manufactured by the American Printing House for the Blind out of the income provided by the act of March 3, 1879, 20 Stat. 467, shall thereafter include one copy of every book so manufactured to be deposited in the Library of Congress, has the effect of amending the said act of March 3, 1879, and the American Printing House for the Blind is required to furnish the Library of Congress a copy of every embossed book manufactured out of the entire sum of its present annual appropriation of $75,000. 210. 2. Same. The fact that administrative practice has been in accord with this view for nearly 16 years is entitled to great weight in determining the proper construction of the statute. 210. BREACH OF ANTICIPATORY CONTRACT. See CONTRACTS, 3. 1. Authority of Secretary of War to grant the Southern Railway Company an extension of time for altering bridge.-Under date of September 20, 1929, the Secretary of War, pursuant to Section 18 of the Act of March 3, 1899, 30 Stat. 1153, issued an order requiring the Southern Railway Company to make certain alterations in its bridge over the Tombigbee River near Jackson, Alabama, within a specified time. Later, an extension of time was granted. The Railway Company having failed to make the prescribed alterations within the time specified in the order as extended, the Secretary, pursuant to the requirement of the statute, referred the matter to the Department of Justice; and subsequently the Railway Company was convicted under the statute, in a federal district court, of having willfully failed to comply with the Secretary's order, a fine of $1,000 being imposed. The Company appealed to the Circuit Court of Appeals and the appeal is now pending. 431. |