Act of 1923 (42 Stat. 1489), he may fix such rates as he finds
to be reasonable and practicable under the circumstances.
191.
Soldiers and sailors; missing, captured.
The act of March 7, 1942, 56 Stat. 143, relating to pay and
allowances of members of the armed forces officially reported
as missing, captured, etc., is applicable to members of the
Army of the Philippines who were ordered into the service
of the armed forces of the United States. 281.
Conflicting interests. See Officers.
Judge, international military tribunal.
Property requisitioned for defense.
*Courts. 423.
*Requisitions. 101.
Contract Settlement Act. *Contracts. 328, 357.
Jurisdiction, Tennessee Valley Authority. *Accounts. 84.
Relocation of families on lands acquired for defense. *Emergency
Withheld pay, disposition. *Attorney General. 324.
CONFIDENTIAL INFORMATION.
The Archivist of the United States is legally bound to ob-
serve the various provisions of the census laws governing the
confidential treatment of census records with respect to those
census records which are transferred into his custody pursuant
to the National Archives Act (48 Stat. 1122). 326.
Investigative reports.
It is the position of the Department of Justice, restated
now with the approval and at the direction of the President,
that all investigative reports are confidential documents of
the executive department and that congressional or public
access thereto would not be in the public interest. 45.
This accords with the conclusions reached by a long line of
predecessors in the office of Attorney General and with the
position taken by the President from time to time since
Washington's administration; and this discretion in the execu-
tive branch has been upheld and respected by the judiciary.
45.
Military secrets, allied nations.
Contractors furnishing war materials to the United States
may lawfully admit to their factories representatives of coun-
tries allied with the United States and communicate to them
secret information about manufacturing methods and products
when specifically authorized by the War Department in ac-
cordance with applicable regulations. 247.
The Lend-Lease Act (55 Stat. 31), being later in date than
the Espionage Act (40 Stat. 217), supersedes any inconsistent
provisions therein. 247.
Members serving in the armed forces.
An officer of the Army or the Navy is, in general, a person
holding office under the United States. 301.
Both the House and Senate, exercising their constitutional
prerogative, have determined upon occasions in the past that
service with the armed forces of the United States is in-
compatible with membership in the Congress. 301.
Under the practice which has long prevailed, Members of
Congress may enter the armed forces by enlistment, commis-
sion or otherwise but thereupon cease to be Members of Con-
gress provided the House or the Senate, as the case may be,
chooses to act.
It would be a sound and reasonable policy for the Executive
Department to refrain from commissioning or otherwise util-
izing the services of Members of Congress in the armed forces,
and the Congress by exemptions in the Selective Training
and Service Act of 1940 (54 Stat. 885) has recognized the
soundness of this policy. 301.
Investigative reports. *Confidential Information.
Retirement of congressmen. *Retirement. 412.
Retirement, postmaster formerly a congressman.
Veto of bills by President.
War powers, termination.
CONSTITUTIONAL LAW.
President, pocket veto.
*Constitutional Law. 274.
*Constitutional Law. 421.
Failure by the President to return bills which were presented
to him before and after the adjournment of Congress from
July 8, 1943, to September 14, 1943, results in their being
pocket vetoed and not becoming law. 274.
Termination of wartime legislation.
The war powers of the President and the Congress do not
automatically cease upon the termination of actual fighting.
The broad basis of governmental power on which the various
emergency and wartime statutes rest cannot, therefore, be
said to have been terminated by recent developments, in-
cluding the unconditional surrender of our enemies.
Any question as to the termination of an individual statute
must be determined in the light of the statute's history and
purpose, and in the light also of the factual conditions prevail-
ing at the time the question is raised. 421.
Appropriations for armies. *Air Force. 555.
Aviation agreements, validity. *Treaties. 451.
Congressmen serving in armed forces. *Congress. 301.
Constitutionality of statute. Question raised by administrative
officer. *Attorney General. 158.
Employee assisting foreign government. *Compensation. 513.
CONSTITUTIONAL LAW-Continued.
International agreement executed by President.
Intrastate operations. *Civil Aeronautics Act. 95.
Joint resolution a law. *Statutes. 469.
President, Commander in Chief.
CONTRACT SETTLEMENT ACT.
Subcontractors, termination claims.
Administrative determination, error of judgment.
An administrative determination in good faith that the
prosecution of the war will be facilitated by the modification
or amendment of a contract may not be drawn into question
as being an error of judgment.
Contract Settlement Act of 1944.
The Contract Settlement Act of 1944 (58 Stat. 649) auth-
orizes the Director of Contract Settlement and the contract-
ing agencies, subject to the Director's regulations, to settle
finally, subject to the exceptions stated in section 6 (c), all
matters which are or may be in dispute relating to the per-
formed part of a war contract as well as all claims arising
under the terminated part of the contract. 328.
Section 16 of the act shows that Congress intended to limit
the authority of the Comptroller General with respect to
claims that are properly included in a termination settle-
ment. 328.
The Director of Contract Settlement is authorized to pro-
vide by regulations that direct settlement of certain sub-
contractors' termination claims may be made under the Con-
tract Settlement Act of 1944 (58 Stat. 649) without deduction
for claims the Government may have against the prime con-
tractor or other higher tier contractor and without regard
to insolvency or bankruptcy of higher tier contractors or set-
offs between contractors in the contractual chain. 357
It is the responsibility of the Director to decide what ad-
ministrative steps should be taken by the contracting agencies
to protect the interests of the United States. 357.
Guaranteeing loans to war contractors.
The Navy Department is authorized under Executive
Order No. 9112 and section 201, Title II, of the First War
Powers Act, 1941 (55 Stat. 838), to enter into contracts with
financing institutions, guaranteeing them against losses on
loans to war production contractors or subcontractors—such
loans to be made, under prior commitments, on partial or
total cancellation of such contracts and to be secured by
money due and to become due under contracts so termi-
nated. 304.
Military procurements, foreign theaters of operations.
The Secretary of War is authorized to issue and to put into
effect proposed "General Instructions with Respect to Con-
tracting Policies to be Exercised by Commanding Generals
in Theaters of Operations Outside the Continental United
States and its Territories and Possessions" (quoted in the
opinion). 250.
Statutory restrictions ordinarily applicable to Government
contracts were not intended to handicap commanding gen-
erals waging war on foreign soil or to limit or encroach upon
the power of the President as Commander in Chief to conduct,
through his subordinates, military campaigns abroad.
Redelegation of authority to make, modify, amend, etc.
The proposed redelegation of authority to make, modify,
and amend contracts for war matériel purchased by the War
Department and to authorize the waiver of certain statutes
ordinarily applicable to procurement contracts, is in accord-
ance with the provisions of the First War Powers Act, 1941
(55 Stat. 838), and Executive Order No. 9001 of December
27, 1941. 225.
The action proposed to be taken with respect to the amend-
ment or modification of contracts in the circumstances in-
dicated in the opinion and the waiver of certain statutory
requirements ordinarily applicable to procurement contracts,
is authorized by the statute and Executive order above men-
tioned. 225.
War Shipping Administration, services abroad.
The statutes and Executive orders listed in the opinion,
which are ordinarily applicable to Government contracts, are
not applicable to contracts for supplying, repairing and
furnishing services in foreign countries to vessels operated by
the War Shipping Administration. 267.
Antitrust laws. *Aircraft. 335.
Assignment of claims. *Claims. 269.
Conflicting interest. See Officers.
Cost-plus contracts, freight charges. *Carriers. 353.
*Civil Aeronautics Act. 112.
*Columbia Instituion for the Deaf. 157.
Lease, authority. *Mineral Deposits. 9, 41.
Lease dated prior to authorization. *Lease. 126.
Mining laws. *Mineral Deposits. 260, 540.
Prison-made war material. *Prisons. 202, 207.
War Labor Disputes Act. *Labor Disputes. 278, 306, 312, 500.
CONVICT LABOR.
War material. *Prisons. 202, 207.
COPYRIGHT OFFICE.
Review of Register's decision.
The provision that the Register of Copyrights shall perform
his duties under the direction and supervision of the Librarian
of Congress does not warrant a demand by counsel that the
Librarian personally examine upon its merits a claim for copy-
right registration denied by the Register. 27.
CORPORATIONS (GOVERNMENT.)
Creation, etc. *Emergency Relief Appropriations.
Jurisdiction, General Accounting Office. *Accounts. 84.
Principal office. *Federal Savings, etc., Corp. 115.
Producers of commodities. *Subsidies. 244.
*Farmers' Home Corporation. 107.
Judge serving on international military tribunal.
Under circumstances stated, a judge of the United States
Circuit Court of Appeals would not vacate his judicial office
by serving without compensation at the request of the Presi-
dent as an alternative judicial member of the international
military tribunal established to try persons charged with war
crimes. 423.
COURTS-MARTIAL.
Spy, jurisdiction to try.
A German national who had crossed into our territory from
Mexico and at the time of his arrest was found "lurking or
acting as a spy" was subject to trial by court martial under
Article 82 of the Articles of War (10 U. S. C. 1554). 561.
Forfeiture of pay. *Compensation. 324.
CUSTOMS LAWS.
Importations of war material.
When an administrative officer has determined that an
importation is "war material" within the meaning of the act
of June 30, 1914 (38 Stat. 399), and Executive Order No. 9177,
the importation is entitled to duty-free entry. The customs
officials are entitled to rely upon the determination embodied
in the administrative officer's certificate and are not required
to make an independent determination. 283.
Meat, foot-and-mouth disease.
Tierra del Fuego may be treated as a country separate from
continental Argentina and Chile in the administration of the
statute (19 U. S. C. 1306 (a)) forbidding the importation of
meat from countries in which rinderpest or foot-and-mouth
disease exists. 56.
All items digested or indexed under War.
DELEGATION OF AUTHORIT Y.
Copyright Office. *Officers. *Copyright Office. 27.
Federal Security Administration.
Redelegation, Army contracts. *Contracts.
Authority. *Franklin D. Roosevelt Library. 150.
DISCOUNT.
Surplus property, disposal. *Surplus Property. 473.
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