such decisions or orders to be submitted to him for review. He may likewise promulgate a proper regulation making the decision of such board or council final, unless an appeal is taken by the claimant. In the event an appeal is taken by a claimant from an adverse decision of a board, bureau, or division, it is not obligatory under the terms of that section that the Administrator personally review the action of the lower agency. The Administrator may or may not personally review such decision in accordance with such proper regulation as he may promulgate. I am of the opinion that you have authority under the provisions of the amendatory Act of July 3, 1930, to the World War Veterans' Act, and the Consolidation Act of July 3, 1930, creating the Veterans' Administration, in accordance with the proposed regulation submitted by you, to confer power on the Insurance Claims Council to effect a disagreement as required by section 19 of the amendatory Act in cases where no appeal is taken to the Administrator, under such regulations as you promulgate to govern the procedure and action of that Council; and in cases in which an appeal is taken by the claimant from an adverse decision by such Council that you have authority to delegate to the Solicitor of the Veterans' Administration the power to act in the name of the Administrator. Respectfully, THOMAS D. THACHER, Acting Attorney General. To the ADMINISTRATOR OF VETERANS' AFFAIRS. AUTHORITY OF SECRETARY OF WAR TO MODIFY LEASING AGREEMENTS Where property under the control of the Secretary of War has been leased, the Secretary is authorized, when advantageous to the Government, to execute a modified agreement with the lessee containing such stipulations as are herein suggested. DEPARTMENT OF JUSTICE, September 15, 1931. SIR: By letter dated August 4, 1931, you request my opinion as to your right to modify, by agreement with the lessee, an agreement of lease heretofore executed by you. It appears that pursuant to the Act of July 11, 1919 (41 Stat. 129), you executed a lease dated June 12, 1922, by which certain real property, acquired by the United States of America for storage purposes for the use of the Army, and which in your judgment was no longer needed for use by the United States, was leased to the Board of Commissioners of the Port of New Orleans. Certain supplemental lease agreements were thereafter made, and under date of December 29, 1930, a sixth supplemental agreement, including certain additional property, was executed. The latter agreement provided, so far as now material, that the lessee should make repairs to the interior and exterior of warehouses Nos. 1 and 2 (which were a part of the property so leased), and keep the same in as good state of repair and working order as when first occupied by the lessee. I understand that at the time the lease was executed it was estimated by both parties that the cost of such repairs would be approximately $6,800.00 per annum, and, accordingly, the sixth supplemental agreement provided that if the average annual cost should be less than that amount, the lessee should pay the difference to the Government, for a period of five years, ending January 31, 1936, and that if such average annual cost should be greater than $6,800.00, the rental for the five-year period, commencing February 1, 1936, should be decreased by the difference between the average annual cost and $6,800.00. I understand that when the lessee entered into possession, under the sixth supplemental agreement, it was discovered that the roofs of warehouses Nos. 1 and 2 were in such a defective condition as to require repairs costing approximately $10,000.00 for each warehouse, and, also, that it was discovered that fire doors and fire hose in warehouse No. 2 were in urgent need of repairs. It appears that both parties to the agreement were in ignorance of these conditions when it was executed. Since these conditions existed at the time the lessee went into possession, the provisions of the sixth supplemental agreement would not require the lessee to make these necessary repairs to warehouses Nos. 1 and 2. It appears, however, that such repairs should be promptly made to protect the buildings against deterioration, and in the case of fire doors and fire hose, against possible destruction by fire. It is now proposed to enter into a new agreement modifying the sixth supplemental agreement so that the lessee will assume an obligation to make these necessary repairs, and providing that the cost thereof may be deducted from the rent by a method to be fixed in the agreement. In an opinion of the Attorney General, under date of June 12, 1930, you were advised that you were authorized, in leasing property under your control, pursuant to the Act of July 28, 1892 (27 Stat. 321) to make such stipulations as are usual between landlord and tenant, and reasonably necessary for the proper execution of the power to lease the property (36 Op. 283.) The Attorney General there said. (p. 287): 66* * * the general principle to be applied is whether the stipulation in the lease is one germane to the subject matter of the lease, not unusual in such transactions, and reasonably calculated to make effective the power to lease and enable you to make leases advantageous to the Government, which are matters which you may determine in the exercise of a reasonable discretion." While each case is dependent upon its particular facts, it seems to me entirely clear, as a general principle, that, as a necessary incident to the making of leases of property under your control, you may in the exercise of sound discretion, modify such leases by subsequent agreements which are advantageous to the Government, and are not merely for the benefit of a lessee who desires to be relieved from a bad bargain. Subject to such limitations the agreement of modification may include any provisions which you would have been authorized to include in the original lease. Since it is clear that you could have provided by the sixth supplemental agreement that the lessee should make the repairs now under consideration, and that the cost thereof should be deducted from the rental, and since I understand that it is your view that it will be advantageous to the United States to have such repairs made promptly, and that this result can be achieved by modification of the agreement, it is my opinion that you are authorized to execute a modified agreement containing the stipulations which you have suggested. Respectfully, THOMAS D. THACHER, Acting Attorney General. TO THE SECRETARY OF WAR. AUTHORITY OF EMPLOYEES' COMPENSATION COMMISSION UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT The United States Employees' Compensation Commission, under the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1424, 1442), has broad power and authority to administer its provisions and specifically to make rules and regulations for this purpose which shall be binding upon deputy commissioners as well as upon the Commission. DEPARTMENT OF JUSTICE, SIR: I have the honor to reply to your request of August 7, 1931, for my opinion upon the following questions submitted by the United States Employees' Compensation Commission. "1. In the interest of uniformity in the interpretation of the Longshoremen's and Harbor Workers' Compensation Act in all places where it operates, is it the duty of the United States Employees' Compensation Commission to interpret the law and require such interpretation to be followed by all employees of the Commission, including its deputy commissioners, until there are authoritative decisions by the courts? "2. Are the rules and regulations the Commission is authorized and required to make in connection with its administration of the law when duly promulgated binding upon it and all of its employees and the public until changed by the Commission? "3. Are the deputy commissioners appointed by the Commission pursuant to this law required to perform all their duties for and on behalf of the Commission and in accord141183°-32-VOL 3630 ance with its rules, regulations, orders, and instructions; if not, which duties do deputy commissioners perform free from control by the Commission?" By section 39 of the Longshoremen's and Harbor Workers' Compensation Act (Act of March 4, 1927, c. 509, 44 Stat. 1424, 1442) it is provided that: 66 (a) Except as otherwise specifically provided, the United States Employees' Compensation Commission shall administer the provisions of this Act, and for such purpose the commission is authorized (1) to make such rules and regulations; (2) to appoint and fix the compensation of such temporary technical assistants and medical advisors, and, subject to the provisions of the civil service laws, to appoint, and, in accordance with the Classification Act of 1923, to fix the compensation of such deputy commissioners [except certain state officers] * and other officers and employees; and (3) to make such expenditures * may be necessary in the administration of this Act. "(b) The commission shall establish compensation districts, and shall assign to each such district one or more deputy commissioners, as the commission deems advisable. * * *99 * * * * * as Other sections of the Act provide for certain powers to be exercised and duties to be performed by the Commission and for certain powers to be exercised and duties to be performed by the deputy commissioners in their respective districts. Some duties of the deputy commissioners are to be performed "in accordance with regulations prescribed by the Commission"; in connection with others there is no such specific requirement. The following excerpt from the statute is illustrative. SEC. 19. (a) Subject to the provisions of section 13 a claim for compensation may be filed with the deputy commissioner in accordance with regulations prescribed by the commission at any time after the first seven days of disability following any injury, or at any time after death, and the deputy commissioner shall have full power and authority to hear and determine all questions in respect of such claim. "(b) Within ten days after such claim is filed the deputy commissioner, in accordance with regulations prescribed by |