fore, discloses no intention of the Congress to use the words in other than their ordinary meaning.

Accordingly, it is my opinion that, subject to the requirement that no annual contribution, grant, or loan, and no contract for any annual contribution, grant, or loan may be undertaken by the United States Housing Authority either directly or under you supervision except with the approval of the President, you are empowered to superintend and oversee the activities of the Housing Authority.

Respectfully,

HOMER CUMMINGS.

INDEX-DIGEST

AGRICULTURE, SECRETARY OF.

Appointing power. *Farm Credit Administration. 403.

AIR CORPS ACT.

Discretion in awarding contract.

In a competition for new-design aircraft under sec. 10
three winners may be designated, and each may be awarded
a contract for part of the aircraft indicated in the adver-
tisement. 207.

Sec. 10 (c) authorizes the Secretary of War to contract with
the winner in a design competition on terms and conditions
deemed most advantageous for furnishing or constructing
aircraft indicated in the advertisement. 23.

Sec. 10 (t) authorizes the Secretary to select the airplane best
suited and to award a contract to the bidder offering it; and
his action is reviewable only by the President and the Federal
courts. 23.

Substantial compliance with statute.

Administrative failure to comply with certain provisions
does not defeat the right of a contractor to be paid for air-
planes furnished in accordance with contract and accepted
and used. 23.

Air transportation. *Civil Aeronautics Act. 442.
ALIENS.

Registration. *Selective Training and Service Act. 504.

ALTON CEMETERY.

Voluntary grant to United States. *Lands. 373.

NOTE. The asterisk (*) means See, indicating where the opinion is digested, e. g.-
AGRICULTURE, SECRETARY OF.

Appointing power. *Farm Credit Administration. 403.

This means that the opinion is digested herein under "Farm Credit Administration" and
that the text of the opinion appears at page 403.

AMBASSADORS.

Political activity. *Hatch Act. 508.
ANTIQUITIES ACT.

Monuments, abolishing. *Lands. 185.
APPROPRIATIONS.

Inhibition not applicable to contracts previously made.
gency Relief Appropriations. 254.

ARBITRATORS.

Not employees. *National Mediation Board. 497.
ARCHIVIST.

Useless papers.

ARMY.

*National Archives Act. 249.

Appointment to civil office.

*Emer-

Sec. 1222 R. S. does not prohibit appointment of an Army
officer on the active list to a civil office, but acceptance of such
office vacates his commission in the Army.

197.

The section is inapplicable, under circumstances stated, to
an officer of the Reserve Corps on leave of absence with pay
from active duty with the Army. 197.

Enlistment, pardoned felons.

Persons convicted of felonies are ineligible for enlistment
although pardoned by the President or by the governor of a
State. 132.

Post Exchange, Hawaiian Tobacco Tax.

Army post exchanges are instrumentalities of the Federal
Government, and the Hawaiian Tobacco Tax Act is not ap-
plicable to sales of tobacco by such exchanges. 316.

Whether the act is applicable to sales to Army post ex-
changes by dealers in Hawaii is not determined, but the War
Department should take no part in any effort to prevent
collection of the tax on such sales. 316.

Removal because of conviction, later reversed.

An Army officer convicted of violating sec. 113, Criminal
Code, was removed from office upon advice by the Attorney
General that the statutory disqualification became effective
upon entry of the judgment. Subsequently the judgment

was reversed. 437.

Held that the removal as made was effective and that the
President, without power to cancel the removal (from the
active list), could not accomplish the result indirectly through
an order retroactively transferring the officer to the retired
list as of a time prior to his separation from the service. 437.
Aircraft, procurement. *Air Corps Act. 23, 207.

Payments by former employers. *Compensation. 501.
ASSIGNMENT.

Patent, to United States. *Patents. 164.

ATTORNEY GENERAL.

Congress.

It is the time-honored position of the Attorney General not
to render opinions to the Congress or to its committees or
members.

343.

Footnote, citing instances of refusals to render opinions be-
cause of statutory limitations, and one instance where such
an opinion was authorized by special legislation. 13.
Constitutional questions, administrative officers.

The head of a department is under no duty to inquire into
the constitutional power of the Congress.

11.

There can rarely be proper occasion for an opinion by the
Attorney General upon the constitutionality of a measure
after it has become law, and it is not within his province to
declare an act of the Congress unconstitutional-at least
where it does not involve conflict between the prerogatives
of the legislative and executive departments. 11.

Contractors.

It is not within the scope of the Attorney General's duty
to render, opinions for the guidance of persons who engage in
transactions with the Government. 11, 67.

Facts must be stated.

The Attorney General cannot undertake to settle facts ex
parte from papers submitted and then proceed to give an
opinion thereon.

425.

The question of law upon which an opinion is desired must
be specifically formulated and accompanied by a statement
of the facts involved. 425.

Judicial questions.

State tax should be resisted and question left to the courts
for determination. *Federal Subsistence Homesteads Cor-

poration. 138.

Land titles.

Sound reasons underlie the requirement for approval by the
Attorney General. 73.

Penal statute.

An opinion by the Attorney General construing a penal stat-
ute would afford no protection to private persons in subse-
quent prosecutions. 398.

Question not actually pending.

Whether there are now any "Indians not taxed" is for
determination by the Congress when apportioning Repre-
sentatives, and the Attorney General's opinion upon the
question is not necessary at this time for any administrative
purpose within the Department of Commerce. 518.