and V, against the person on whose account the compensation, insurance, or maintenance and support allowance is payable." Insurance is under title III.

If it was the purpose of Congress to constitute of the unpaid premiums an absolute indebtedness to the United States so as to be collectible under the provisions of section 22, then the provision in the proviso of section 304 for the deduction of the unpaid premiums from "the insurance in any settlement thereunder" is surplusage and meaningless in view of the general provision in section 22.

The War Risk Insurance Act of October 6, 1917, 40 Stat. 398, provided for the issuance of policies of war risk term insurance in amounts ranging from $1,000 to $10,000, in multiples of $500. Section 400, 40 Stat. 409. There was a restriction placed upon the amount of insurance which could be issued, but there was no limitation upon the number of separate contracts. The World War Veterans' Act provides for the conversion of term insurance into various policies of United States Government life insurance, and these policy forms differ in their terms from the provisions of the war risk term insurance contract. Two or more separate and distinct contracts of Government insurance, the total of which does not exceed $10,000, may be held by the same veteran, and each one of such contracts is governed and controlled by the provisions of that particular contract. Section 304 is a part of any contract reinstated thereunder. White v. United States, 270 U. S. 175, 180.

See

Prior to the amendment of section 304 by the act of July 2, 1926, supra, in order to reinstate insurance it was necessary to pay all back premiums, and at which time the general provisions as to collection of indebtedness, in section 22, supra, were in force. In the amendment of July 2, 1926, Congress provided for the reinstatement of insurance without payment of back premiums but requiring that a lien be established in the amount of unpaid premiums with interest, which should be placed as an interest-bearing indebtedness against "the insurance" and such indebtedness "to be deducted in any settlement thereunder." These provisions clearly show that the lien was to be treated as an indebtedness against any in

surance which was reinstated under section 304 and the language precludes placing the indebtedness against any insurance other than that reinstated under that section. While Congress has made a general provision in section 22 for deduction of any indebtedness due the United States, such provision has been limited in contracts of insurance reinstated under section 304 by the qualifying provisions in that section restricting the application of the lien for unpaid premiums to the policy reinstated thereunder. The legislative history of section 304 shows no intent to the contrary.

My opinion is that a lien, representing back premiums, established in the reinstatement of a policy of insurance under section 304 is a contingent indebtedness against such reinstated insurance only, to be deducted solely from any settlement under such reinstated policy.

Respectfully,

WILLIAM D. MITCHELL.

INDEX-DIGEST

ABANDONMENT.

Ship abandoned to foreign insurer. *Shipping. 342.
ACCOUNTS.

General Accounting Office, jurisdiction.

The Tennessee Valley Authority is not subject to the pro-
visions of Title III of the Budget and Accounting Act of 1921
(42 Stat. 20-23) and related statutes and is not required to
account to the General Accounting Office in accordance with
the provisions of those statutes.

84.

Settlement warrants may properly be used to make avail-
able to the Tennessee Valley Authority funds appropriated
to it by the Congress.

Contract Settlement Act.

84.

*Contracts. 328, 357.

Relocation of families on lands acquired for defense. *Emergency
Relief Appropriations. 193.

Withheld pay, disposition. *Attorney General. 324.

AIR COMMERCE ACT.

Permits, foreign aircraft. *Civil Aeronautics Act. 136.
AIR FORCE.

Appropriations available until expended.

There is no legal objection to a request to the Congress to
appropriate funds to the Air Force for the procurement of
aircraft and aeronautical equipment to remain available until
until expended. 555.

AIRCRAFT.

Application of antitrust laws to air carriers.

Agreements between United States air carriers, or between
United States air carriers and foreign air carriers, that are
designed to control or to prevent competition in air trans-
portation between the United States and foreign countries,
are subject to the antitrust laws unless they fall within ex-
ceptions expressly provided by Congress. 335.

Agreements of foreign air carriers, in which no United
States air carrier is involved, are subject to the antitrust laws
if they affect the foreign commerce of the United States. 335.

NOTE. The asterisk (*) means See, indicating where the opinion is digested, e.g.—
ABANDONMENT.

Ship abandoned to foreign insurer. Shipping. 342,

This means that the opinion is digested herein under "Shipping" and that the text of the
opinion appears at page 342.

798037-49-

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567

AIRCRAFT-Continued.

Air Force appropriations. *Air Force. 555.

Airman certificates.

*Civil Aeronautics Act. 3.

Aviation agreements, validity. *Treaties. 451.

Trap fishing, authority to limit. *Fisheries. 175.
ALIEN PROPERTY CUSTODIAN.

Sales to Filipinos. *Enemy Property. 432.

Air Force appropriations. *Air Force. 555.
Congressmen serving in armed forces. *Congress. 301.
Court-martial; forfeiture of pay. *Compensation. 324.
Discharges, correction of records. *Records. 504.

Life insurance, Philippine forces. *Insurance. 185.
Men missing or captured. *Compensation. 281.
Officer, disqualifying business connections.

289.

*Hatch Act. 103.

*Officers. 168, 187,

*Officers. 183.

Officer, participation in profits of law firm.
Political activity.
*Soldiers' and Sailors' Civil Relief Act. 97.
Spy. Jurisdiction to try. *Courts-Martial.
Training British airmen. *Lend-Lease Act. 58.

Veterans' benefits. See Veterans.

561.

War. All opinions relating to War indexed under that heading.
ASSIGNMENT.

Claims against Government. *Claims. 269.
ATTORNEY GENERAL.

Constitutional questions, administrative officers.

There are grave objections to the rendition of opinions by
the Attorney General upon requests from the heads of the
Federal departments and independent establishments con-
cerning the constitutionality of laws they have been appointed
to administer. 158.

ATTORNEY GENERAL-Continued.

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. 158.
Disposition of withheld pay.

The question of the disposition of pay "forfeited" by a
seaman employed on a Government vessel presents a question
of accounting practice and should be handled with the
Comptroller General. 324.

Judicial questions.

It has been the uniform rule of the Attorneys General to
decline to render opinions on questions which private parties
may take to court.
Investigative reports.

AUTOMOBILE TIRES.

286.
*Confidential Information.

Requisitioning for defense. *Requisitions. 240.
BANKHEAD-JONES FARM TENANT ACT.
State tax. *Farmers' Home Corporation. 107.

BANKS.

Property of foreign state. *Federal Reserve Act.

BONDS.

Certifying vouchers. *Officers. 284.

BUILDINGS.

Assignment of space.

45.

400.

Subject to the limitation against removing a department or
agency from a building provided for its use by the Congress,
the Public Buildings Administration has the final authority
over the control and allotment of space in all public buildings
in the District of Columbia save only those buildings expressly
excepted from its jurisdiction by the act of March 1, 1919
(40 Stat. 1269), or other applicable legislation. 140.

The determinations of the Public Buildings Administra-
tion should not be made abstractly, or in an arbitrary man-
ner, or without ascertainment and due consideration of the
true needs of an affected department or agency.

140.

A provision for use of a building by a particular agency may
become obsolete because of a later provision of another build-
ing for its use, or because of changed conditions due to con
solidation, transfer of functions, abolishment, etc. 140.
Lease dated prior to authorization. *Lease. 126.

CANAL ZONE.

Civil Service, citizens of Panama.
Exportation of military equipment.

*Employees.

515.

*Exportation. 42.