OFFICERS-Continued.

Error in administrative determination.

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. 225.

Head of a department certifying vouchers.

When the head of a department or agency certifies vouchers he is required by the act of December 29, 1941 (55 Stat. 875), to be bonded. 284.

Personal action not necessary.

Even if the duties relating to the registration of copyrights were imposed directly upon the Librarian it would be unnecessary for him to act personally on the examination or reexamination of a particular claim. 27.

Redelegation of authority, Army contracts.

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 accordance with the provisions of the First War Powers Act, 1941 (55 Stat. 838), and Executive Order No. 9001 of December 27, 1941. 225.

Reliance upon determination made by another.

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. Supervision, review of subordinate'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 copyright registration denied by the Register. Acting postmaster appointed postmaster.

27.

*Postal Service.

348.

Authority to protect oil deposits. *Mineral Deposits. 41.
Authority to purchase land. *Lands. 69.

Compensation from foreign government. *Compensation. 513.
Compensation, withholding. *Compensation. 38.

Constitutional questions raised by. *Attorney General. 158.

Delegation of authority, Tort Claims Act. *Claims. 503.

Directors, defense relocation corporations. *Emergency Relief
Appropriations. 193.

Leave, assisting foreign government. *Compensation. 513.
Negligence, liability. *Claims. 38.

412.

124.

Retirement, Fleet Reserve officer. *Navy. 51.
Retirement of congressmen. *Retirement.
Retirement of department heads. *Retirement. 412.
Retirement, restoration to active duty. *Retirement.
Veterans' Preference. See Veterans.

PANAMA CANAL ZONE.

Civil Service, citizens of Panama. *Employees. 515.
Exportation of military equipment. *Exportation. 42.

PARKS.

Police, physical requirements. *Veterans. 454.
Regulations.

PATENTS.

*Regulations. 418.

Issuance of patents to Government employees.

178.

An application filed by an inventor at a time when he is not a Government employee may, if still pending when he enters the Government service, be treated as coming within the act of April 30, 1928, 45 Stat. 467, to the extent that a patent may be issued without payment of the final fee, provided (1) the employee amends his application by inserting therein the stipulation that the invention may be manufactured and used for governmental purposes without payment to him of any royalties thereon, and (2) the head of the Department certifies that such invention is used or liable to be used in the public interest. 525.

Waiver of royalties by Alien Property Custodian.

PAY.

The Alien Property Custodian is authorized to relieve licensees and assignees of the obligation to pay royalties, including accrued royalties, under patents where another agency of the United States is required by contract to reimburse the licensees or assignees for such royalty payments, and his authority to do so is not conditioned upon a surrender by the licensees or assignees of their exclusive rights. 338.

All items digested or indexed under Compensation. PERMITS.

Foreign aircraft.

*Civil Aeronautics Act.

136.

PHILIPPINE ISLANDS.

Citizenship of natives. *Citizenship. 432.

Philippine Army. *Compensation. 281

Philippine Army. *Insurance. 185.

Acting postmaster, appointment as postmaster.

Both the language and the legislative history of the act of
May 20, 1944 (58 Stat. 224), require the conclusion that this
statute does not authorize the appointment of an acting post-
master, serving under section 3 of the act of June 25, 1938,
as amended (52 Stat. 1076; 54 Stat. 1221), to the position of
postmaster. 348.

Effective date of increased postal rates.

Title IV of the Revenue Act of 1943 (58 Stat. 69) providing
certain increases in postal rates, became effective on Sunday,
March 26, 1944, that being the thirtieth day after passage of
the measure over the Presidential veto. 311.

Office relegated to lower class, new appointment.

The relegation of a first-, second-, or third-class post office
to the fourth class requires a new exercise of the appointing
power by the Postmaster General. 551.

Postmaster, residence requirement.

The word "town" as used in the term "city or town" in
the act of June 25, 1938 (52 Stat. 1076), prescribing residence
requirements for appointment of postmasters does not include
a town of the New England type having two or more villages
or communities, each with its own post office. 407.

A resident of West Cheshire, Connecticut, in which a post
office has been established, is not eligible for appointment as
postmaster of the separate post office at Cheshire, Connecticut.
407.

Rates, foreign air carrier. *Civil Aeronautics Act. 112.
Retirement, computation of service.

*Retirement.

Veterans' Preference Act. *Veterans. 556.

PRESIDENT.

Aviation agreements, validity. *Treaties. 451.

124.

Commander in Chief, powers. *Lend-Lease Act. 58.
Exportation of military equipment. *Exportation. 42.

International agreement executed by President. *Treaties. 469.
Investigative reports *Confidential Information. 45.

Land, interdepartmental transfer. *Mineral Deposits. 41.
Land, withdrawal from entry. *Lands. 73.

Park regulations. *Regulations. 418.

Pocket veto.

*Constitutional Law. 274.

Property requisitioned for defense. *Requisitions. 101, 240.
Seizure of properties affected by strike. *Labor Disputes. 312.
War powers, termination. *Constitutional Law.

PRICE CONTROL.

421.

Subsidies, canners of tomato juice. *Subsidies. 221.
Subsidies, producers of commodities.

*Subsidies. 244.

PRISONS.

Manufacture of war material.

The Federal statutes relating to interstate shipment of prison-made goods clearly are not intended to prevent the procurement of such goods from Federal or State prisons by the Federal Government. 207.

Procurement by the Federal Government in this connection includes purchases by Government contractors, subcontractors or brokers, but only to the extent necessary in the fulfillment of specific Government contracts and at prices substantially equivalent to current market prices. 207.

The statute requiring the insertion of a provision in certain Government contracts that no convict labor shall be employed by the contractor is inapplicable to contracts for war materials because such contracts are exempted under an order of the Secretary of Labor dated May 26, 1942. 207.

Executive Order No. 325A of May 18, 1905, had a particular and limited purpose, is inapplicable to procurements by the Government itself, and imposes no obstacle to the program of making full use of the facilities of prison labor in war production. 207.

There is no provision of Federal law which prohibits the purchase by the Federal Government of either State or Federal prison-made goods. 202.

State statutes which might be thought to restrict the type of products that can be made in State prisons for the Federal Government may be found upon examination in the light of the present war conditions and the present Federal necessities not to prevent procurement of war materials by the Federal Government from this source. 202.

PROCEDURAL QUESTIONS.
Railroad Adjustment Board.

PROPERTY.

*Railroads. 218.

Transfers between Government agencies.

Sections 3732 and 3736 R. S., which impose certain restrictions on contracts and purchases on behalf of the United States, have no application to interagency transfers made under clear authority of law. 483.

Executive Order No. 9689 and the First War Powers Act, 1941 (55 Stat. 838), under which it was issued, supply the War Assets Administration with ample authority to acquire from the Reconstruction Finance Corporation and to hold property and leases transferred to it pursuant to an order of the Director of the Bureau of the Budget. 483.

Foreign state. *Federal Reserve Act. 400.
Leased for war production. *Silver. 171.

Military requisitions abroad. *Requisitions. 250.

Real property. All items digested or indexed under Lands.

PROPERTY-Continued.

Requisitioned for defense. *Requisitions. 101, 240.
Sales, gifts. *Surplus Property. 473.

Surplus Navy vessels. *Navy. 321, 436.

PUBLIC BUILDINGS.

All items digested or indexed under Lands. RAILROADS.

Collective bargaining agreement, maintenance of membership.

The inclusion in a collective bargaining agreement between a carrier and a labor union of a rule requiring all employees who are, or may in the future become, members of the union to maintain their union membership in good standing is forbidden by the Railway Labor Act (48 Stat. 1185). 254. Collective bargaining agreement, presentation of grievances.

The inclusion in a collective bargaining agreement of a rule obligating both the carrier and the union to confer and negotiate with each other whenever any employee believes that he has been unjustly dealt with or that any provision of the agreement has been violated is not forbidden by the Railway Labor Act (48 Stat. 1185). 254.

The last mentioned rule does not attempt to obligate the carrier to refuse permission to an individual employee to. present his own grievances personally and violates no right of the employee, whether or not he is a member of the contracting union. 254.

Cf. later opinion. 494.

Under the Railway Labor Act (45 U. S. C. 151 ff.), a carrier and a union, duly designated to be the craft or class representative, may validly agree to confer and negotiate with each other in an attempt to reach a settlement of all grievances. 494.

The agreement, however, cannot legally preclude an aggrieved employee from also negotiating with the carrier, personally or through an individually chosen representative, for the settlement of his grievance. 494.

Opinion of December 29, 1942 (40 Op. 254), reconsidered in the light of Elgin J. & E. Ry. Co. v. Burley, 325 U. S. 711. 494.

Majority vote under Railway Labor Act.

Under section 2, Fourth, of the Railway Labor Act (45 U. S. C. 152) the National Mediation Board has the power to certify as collective bargaining representative any organization which receives a majority of votes cast at an election despite the fact that less than a majority of those eligible to vote participated in the election. 541.