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.
|