2. Reinstatement.-Construction of civil service rule IX.-The Civil Service Commission is not authorized under Civil Service Rule IX, governing reinstatement, to apply the law of apportionment in the reinstatement of persons to the apportioned service but may disregard such law in such reinstatement. 33.
3. Same. An employee whose name is removed from the apportioned and nonapportioned registers upon his acceptance of an appointment to a nonapportioned position may be accorded a status of eligibility for reinstatement to a position in the apportioned service as of the date his vacated position was reached on the register. 33.
4. Retirement.-Exemption of American minister to Albania from compulsory retirement.-Section 204 of the Economy Act of June 30, 1932, 47 Stat. 404, supersedes section 26 (d) of the Act of February 23, 1931, 46 Stat. 1211, insofar as the latter section authorizes the President to continue persons in the service of the United States.
5. Same. A foreign service officer becomes eligible for retirement on August 6, 1934, under section 26 (n) of the Act of February 22, 1931, supra. Held, that such officer does not reach the age prescribed for automatic separation from the service until September 1, 1934. (See Executive Order No. 6834 of August 29, 1934.) 40.
COMPETITIVE EXAMINATIONS REQUIRED OF CERTAIN EMPLOYEES REINSTATED IN TREASURY DEPARTMENT. See EMERGENCY APPROPRIATION ACT, 1935, 1-3.
EMPLOYEES TRANSFERRED BY EXECUTIVE ORDER FROM PRO- HIBITION BUREAU AND ALCOHOLIC BEVERAGE UNIT TO TREASURY DEPARTMENT. See EMERGENCY APPROPRIATION Аст, 1, 2.
REAPPOINTMENT, MCKELLAR AMENDMENT. See EMERGENCY APPROPRIATION ACT, 1935, 3, 4.
REEMPLOYMENT LIST FOR AgriculturAL CENSUS, PRESIDENT MAY AUTHORIZE ESTABLISHMENT. See CENSUS BUREAU. REINSTATEMENT, MCKELLAR AMENDMENT. See EMERGENCY APPROPRIATION ACT, 1935, 3, 4.
RETIREMENT. See RETIREMENT, 2.
STATUS OF EMPLOYEES OF THE RAILROAD RETIREMENT BOARD. See RETIREMENT, 1.
CIVILIAN CONSERVATION CORPS.
CLAIMS FOR DAMAGES CAUSED BY MEMBER. See CLAIMS, 5.
1. American Smelting and Refining Company.-Claim arising out of a British seizure of lead shipped on the German vessel "Kronprinzessin Cecilie" in 1914.-The United States and Great Britain, by an informal exchange of notes dated May 19, 1927, agreed that neither country would press any
diplomatic claim or request arbitration on behalf of a citizen alleging loss or damage through war measures adopted by the other, and that such claims of citizens would be referred for final settlement to the proper judicial or administrative tribunal of the Government against which the claim was asserted. However, the United States reserved the right to satisfy disallowed claims of American citizens out of moneys saved to it through a certain waiver on the part of the British Government. 322.
2. Same.-Held, further, that the questions submitted in connec- tion with the claim of the American Smelting and Refining Company arising out of a British seizure of lead shipped on the German vessel Kronprinzessin Cecilie, in 1914, do not require specific determination. 322.
3. Same.-Held, that such reservation contemplates exceptional cases, readily distinguishable, and does not warrant examina- tion in this country of every adjudication of British courts unfavorable to American claims. 322.
4. American Legion posts.-The Act of May 29, 1934, Public No. 265, Seventy-third Congress, has the effect of releasing and canceling as to both principal and surety all claims existing prior to passage of that act and resulting from loss of property lent to American Legion Posts pursuant to the act of Febru- ary 10, 1920, as amended. 25.
5. Consideration of claim of City of Cleveland.-The Secretary of the Interior is authorized to consider under the Act of Decem- ber 28, 1922, c. 16, 42 Stat. 1066, a claim of the City of Cleveland, Ohio, in the amount of $69.41, for damage to a fire hydrant resulting from its being struck by a truck oper- ated by an enrollee of the Civilian Conservation Corps. 514. COMPENSATION TO ARMY PERSONNEL FOR LOST OR DAMAGED PROPERTY. See ARMY, 3, 4.
COMPROMISE OF CLAIMS. See COMPROMISE, 3-5, 8-11.
STATUS OF EMPLOYEES OF RAILROAD RETIREMENT BOARD. See RETIREMEnt, 1.
CLAIM FOR DAMAGES CAUSED BY A MEMBER OF CIVILIAN CONSERVATION CORPS. See CLAIMS, 5.
BITUMINOUS COAL ACT, 1935. See SHIPPING, 1.
CONTRACTS FOR ALTERATION OR REPAIR OF VESSELS. See SHIPPING, 1.
COASTWISE LOAD-LINE ACT 1935.
ESTABLISHMENT OF LOAD LINES. See LOAD LINE OF VESSELS
DISPOSITION OF SURPLUS REAL PROPERTY. See REAL PROP- ERTY, 2; STATUTES.
FACTORS IN ESTABLISHING LOAD LINES. See LOAD LINE OF VESSELS.
MEMBER OF BOARD ON FOREIGN TRADE ZONES. See FOREIGN TRADE ZONES, 1, 2.
REMISSION OF FINES, PENALTIES AND FORFEITURES FOR VIO- LATION OF SHIPPING ACT. See SHIPPING, 5.
COMMODITY CREDIT CORPORATION.
REFINANCING CERTAIN INDEBTEDNESS TO RECONSTRUCTION FINANCE CORPORATION. See DEBENTURES, 3, 4.
COMMON CARRIERS. See TRANSPORTATION RATES, 1, 2.
CONVEYANCE OF LAND, FEDERAL SUBSISTENCE HOMESTEADS CORPORATION. See SUBSISTENCE HOMESTEADS, 3.
APPLICATION OF DEFINITIONS OF RELATIONSHIP AND DEPEND- ENCY. See WORLD WAR VETERANS ACT.
OF SOLDIER FOR COMPENSABLE PERIOD. See WORLD WAR ADJUSTED COMPENSATION ACT, 1-3.
1. Cases involving the forfeiture of vehicles seized for violation of the internal revenue laws.-The primary object of the Government in requiring a forfeiture of a vehicle for violation of its laws is to punish the violator by depriving him of his property, but the Government is also interested in obtaining the greatest amount possible in disposing of the vehicle. 194. 2. Same. In considering compromise offers submitted in cases involving the forfeiture of vehicles seized for violation of internal revenue laws, the inability of the Government to obtain from a sale of the vehicle, after deducting the expenses of forfeiture and sale, as much as the amount offered in com- promise may be treated as uncertainty as to collection, within the meaning of that term as used in the opinions of the Attorney General to the Secretary of the Treasury dated October 24, 1933, and October 2, 1934. 194.
3. Final judgments.-Claims under sections 3469 and 3229 of the Revised Statutes.-The Secretary of the Treasury (upon the recommendation of the Solicitor of the Treasury and any District Attorney or special attorney or agent in charge of the claim) is without authority under section 3469 of the Revised Statutes to compromise a final judgment if there is no doubt that the judgment can be collected in full. 94. 4. Same.
The Commissioner of Internal Revenue (with the advice and consent of the Secretary of the Treasury and the Attor- ney General, the latter in cases in which suit has been com- menced), is without authority under section 3229 of the
Revised Statutes to compromise a case if there is no doubt either as to the legality of the claim or as to the collectibility thereof. 94.
The rule is the same as to the compromise of interest and penalties. 94.
6. Offenses against the Harrison Narcotic Act in Puerto Rico.- Offenses committed in Puerto Rico against the Harrison Narcotic Act may be compromised under section 3229 of the Revised Statutes. Such compromises may be made by the local authorities and the proceeds thereof may be retained by the Puerto Rican Government. 381.
7. Same. Where doubt exists as to the construction of a statute great weight is properly given to the construction given it by the Executive Department charged with its Administration, and such construction is not to be overturned unless clearly wrong or unless a different construction is plainly required. 381. 8. Power of the Attorney General in matters of compromise.-The opinion of the Attorney General to the Secretary of the Treasury dated October 24, 1933, relating to the power to compromise conferred by sections 3469 and 3229 of the Revised Statutes, is not to be construed as precluding the compromise of cases in which there is uncertainty as to liability or collection; nor is that opinion to be understood as involving or restricting the authority and discretion of the Attorney General in matters of compromise. 98.
9. Same. In cases referred to the Department of Justice, whatever powers of compromise were conferred by sections 3469 and 3229 R. S., are now vested in the Attorney General by virtue of section 5 of Executive Order No. 6166 of June 10, 1933. 98. 10. Same. The Attorney General has plenary power to com- promise cases referred to the Department of Justice. This power is in part inherent, appertaining to the office, and in part derived from yarious statutes and decisions. 98. 11. Same. The Treasury Department has no discretion to review on the merits the action of the Attorney General in accepting an offer of compromise in a case under his control. 124. 12. Same.-Section 5 of Executive Order No. 6166 of June 10, 1933, vests in the Attorney General exclusive control over any case after reference thereof to the Department of Justice. How- ever, the Attorney General has plenary power, in part inherent in his office and in part derived from statutes and decisions, to compromise any case over which he has jurisdiction upon such terms as he may deem fit.
An offer of compromise accepted in accordance with law is binding upon the United States and its officers as well as the taxpayer. 124.
14. Same. The duty of one executive officer to carry into effect the discretionary acts of another is ministerial. 124.
BOUND BY ATTORNEY GENERAL'S CONSTRUCTION OF STATUTE RELATING TO PERMANENT CHANGE OF STATION OF NAVAL OFFICER. See NAVY, 7. JURISDICTION IN CONNECTION WITH ADJUDICATION OF CLAIMS FOR LOST PROPERTY BY SECRETARY OF WAR. See ARMY, 3, 4. JURISDICTION IN MATTER OF LOSSES OF UNITED STATES EM- PLOYEES THROUGH FOREIGN EXCHANGE. See EXChange, 2. NONAVAILABILITY OF FUNDS, PURCHASE OF RADIO TRANS- MISSION EQUIPMENT. See CONTRACTS, 3.
PERMANENT CHANGE OF STATION FOR NAVAL OFFICER. See NAVY, 5.
CONFIDENTIAL INFORMATION.
Agricultural Adjustment Act.-Authority of Secretary of Agri- culture to disclose confidential information obtained from milk distributors licensed under the act.-Section 10 (i) of the Agricultural Adjustment Act, as amended by section 18 of the Act of August 24, 1935, does not authorize the Secre- tary of Agriculture to disclose to State authorities confidential information furnished by licensed milk distributors prior to the date of the amendment, in violation of the conditions (embodied in regulations and licenses) under which it was obtained. 378.
ACT PROVIDING ALLOTMENT IN SEVERALTY OF INDIAN LANDS. See INDIAN LANDS, 2, 3.
AGENCIES CREATED TO EXERCISE FEDERAL POWERS. See NATIONAL HOUSING ACT, 1-3.
APPROPRIATION FOR ARCHIVES BUILDING, RESPONSIBILITY FOR OPERATION AND MAINTENANCE. See NATIONAL ARCHIVES, 6. CONSENT TO ABANDONMENT OF HIGHWAY, BATH, N. Y. See HIGHWAYS, 1.
EMPLOYMENT OF MEMBER AS ATTORNEY BY RECONSTRUCTION FINANCE CORPORATION. See RECONSTRUCTION FINANCE CORPORATION, 1, 2.
THOMAS JEFFERSON MEMORIAL. See THOMAS JEFFERSON TERRITORIAL EXPANSION MEMORIAL, 5.
CONSTITUTIONAL CONVENTION PHILIPPINE ISLANDS
PROPOSED CONSTITUTION FOR PHILIPPINE ISLANDS. See PHILIP- PINE ISLANDS, 1, 2.
AUTHORITY OF MINISTERIAL OFFICER TO QUESTION VALIDITY OF STATUTES. See DISBURSING OFFICERS, 1-4.
GENERAL WELFARE CLAUSE. See NATIONAL HOUSING ACT, 5, 6, 8.
RAILROAD RETIREMENT ACT. TREASURY DEPARTMENT, AUTHORITY TO CONTINUE DISBURSE- MENTS UNDER A LAW HELD UNCONSTITUTIONAL. See DIS- BURSING OFFICERS, 1–4.
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