AFFIDAVITS-Continued.
Dependency-Continued.

sistence allowances, that fact must be
established either by medical testimony
in form of affidavits or production of
certified copy of court record showing
her incompetence; there must be fur-
nished affidavits of others having knowl-
edge of mother's affairs showing all in-
formation that would be contained in the
mother's affidavit; and affidavit of per-
son or certificate of officer of institution
having care of the mother showing
amount remitted monthly by officer,
and amount necessary, for her support..
Time for filing-war conditions-where,
during present war, unusual conditions
prevent Army officers serving overseas
from submitting each six months affi-
davits of dependent mothers required
by Gen. Reg. 57 in support of claims for
increased allowances on account of de-
pendent mothers, aflidavits may be sub-
mitted within two years from date of
filing the last, but if officer returns to
U. S. within two-year period, affidavit
should accompany first pay and allow-
ance voucher after arrival, or if his moth-
er's dependency status changes during
period through remarriage, etc., he
should immediately notify disbursing
officer involved to discontinue pay-
ments effective from date of cessation of
dependency..-------

AGENTS:

Government:

Status of cost-plus contractors:

War Dept. cost-plus-a-fixed-fee contrac-
tors should be regarded as acting
directly in behalf of Federal Govt. in
sending telegrams pertaining to the
contract work, and, therefore, pay-
ment for such telegrams should be
made at Govt. rates, whether the cost
of the telegramз is paid to contractor
by way of reimbursement or whether
it is paid directly to telegraph company
in accordance with right reserved in
contract..
While amendment of cost-plus-a-fixed-
fee contract to designate contractor as
Government's agent for transmission
of telegrams would constitute evidence
of intention of parties and is not objec-
tionable, such designation would not
be controlling upon question of agency
since such question is for determina-
tion largely upon basis of actions of
parties.....

ALASKA:

Alaska "C" Fund-availability for fees of
attorneys representing defendants in mili-
tary service-neither the Alaska "C" Fund
nor any other appropriated moneys are
available for payment of compensation to
attorneys who are appointed pursuant to
Soldiers and Sailors Civil Relief Act of 1940

Page ALASKA-Continued.

292

1044

186

682

Page

Restriction scope-Filipinos legally in
armed forces of U. S. on July 3, 1941,
date of Second Deficiency Appro. Act.
1941, and subsequently discharged for
reasons other than under terms of act
of Aug. 19, 1937, as amended, or other
similar statute, disqualifying aliens for
military service, are not within the
alien employment restrictions of the
said deficiency appropriation act and,
therefore, may now be employed under
the Navy Dept. and paid from funds
appropriated under that act, provided
the funds are otherwise available..... 823
Interpretation of "in the service of the
United States"-service in the armed
forces of the U. S. is within the meaning
of the phrase "in the service of the United
States" appearing in alien employment
restrictions in the various statutes......
Service in military, etc., forces. See Aliens,
service in military, etc., forces.

Service in military, etc., forces-restriction
applicability to persons losing U. S. citizen-
ship by desertion-prohibition in Military
Appro. Act of 1942 against use of funds ap-
propriated thereby for payments to "any
person, civil or military, not a citizen of
the United States" does not bar payment
of pay and allowances to native-born or
naturalized citizens of U. S. who,
after losing their U. S. nationality under
sec. 401, act, Oct. 14, 1940, by reason of con-
viction of war-time desertion from the
Army, have been reenlisted or restored
to duty..
ALLOWANCES:

See, also, allowances by name, such as,
Quarters, quarters allowance; Quarters, rental
allowance; Subsistence Allowance; Travel
Allowance.

Admiral's personal money allowance-recall
to active duty-naval officer retired with
rank and pay of rear admiral (upper half)
while temporarily holding rank of admiral
during hi
as Chief of Naval Opera-

823

969

ALLOWANCES-Continued.

tions and drawing pay of rear admiral
(upper half) plus a personal money allow-
ance as provided by law for rear admirals
temporarily serving as admiral or as Chief
of Naval Operations, who is subsequently
commissioned an admiral on the retired list
under authority of act, June 22, 1938, is not
entitled to said personal money allowance
upon recall to active duty.....
Enlistment allowance. See Gratuities, en-
listment allowance.

Regular Army Reserve enlistment and lump-
sum allowance. See Gratuities, enlistment
allowance.

Saved pay and allowance matters. See Pay,

promotions, temporary, saved pay and
allowances; Pay, saved pay and allowance
matters.

ANNUAL LEAVE:

See Leaves of Absence, annual.
ANTI-TRUST LAWS:

Enforcement-jurisdiction-since G. A. O.
is not directly concerned with enforce-
ment of anti-trust laws, any question aris-
ing with regard thereto primarily would
be for consideration by Justice Dept.....
Violations-bidders. See Bidders, combina-
tions, anti-trust law violations.

APPOINTMENTS:

Acceptance:

By conduct:

819

To constitute acceptance of appointment
or commission by conduct, there must
be an appointment or commission of
which appointee has knowledge; there
must be performance of duty pursuant
to proper orders in the capacity in
which, or the office to which, ap-
pointed; and payment of emoluments
may not be made until the oath of
office has been taken...
Where individual to whom commission
in Naval Reserve had been issued
commenced travel to first duty station
prior to formal acceptance of the com-
mission and prior to receipt of travel
orders, which were in existence and of
which he had been informally advised
when he commenced the travel, such
commencement of travel constitutes
an acceptance of the commission by
conduct so as to entitle him, upon exe-
cution of oath of office, to mileage to
first duty station and to pay and
allowances from date it was necessary
to commence travel in order to report
for duty on date specified in his orders. 819
Disqualification of appointee subsequently
removed-provision in sec. 4, Naval Re-
serve Act of 1938, that no officer of Naval
Reserve shall be a member of any other
naval or military organization except the
Naval Militia, disqualifies an Army in-
ductee from accepting a commission in
the Naval Reserve, but the fact that an

inductee cannot accept such a commis-
sion while still in the Army does not
invalidate the commission so as to pre-
vent a valid acceptance upon removal of
the disqualification by discharge from
the Army..
Civil Service classified positions from non-
classified positions-initial salary rates-
while decisions of this office regarding Clas-
sification Act of 1923 have held that em-
ployees transferred, etc., from classified or
unclassified positions to classified positions
need not be appointed at minimum salary
rate of grade, employees already in Federal
service under appointment made without
regard to civil service laws, when acquiring
competitive classified civil service status,
must be appointed, under existing civil
service regulations, at minimum salary
rate of grade in which position has been
allocated.

Oaths.

Jurisdiction-eligibility matters in general—
it is not within jurisdiction or authority of
Govt. accounting officers to pass upon
administrative action relating solely to
eligibility of employees for appointment,
reappointment, or reinstatement...
See Oaths.
Probationary-Status as "limited appoint-
ment"-a probationary appointment is a
limited appointment within meaning of
Sick Leave Regulations denying advance
of sick leave in excess of that which would
accumulate from date of advance to
termination of a "limited appointment"..
Reappointments - jurisdiction - eligibility
matters in general-it is not within Juris-
diction or authority of Govt. accounting
officers to pass upon administrative action
relating solely to eligibility of employees
for appointment, reappointment, or rein-
statement.

Status distinguished from status of position
to which appointed.....
Temporary:

Approval jurisdiction of Civil Service
Commission-where the employment of
personal services is subject to civil
service laws and regulations, appoint-
ment of temporary employees is subject
to the approval of the Civil Service
Commission.

Army:

Commissioning of Superintendent of
Army Nurse Corps as Army officer-
Superintendent of Army Nurse Corps
whose pay, additional money allow-
ance, and "relative rank" are fixed
by statute is not entitled to pay and
allowances of a colonel in Army of
U. S., to which office she was ap-
pointed, in addition to her appoint-
ment as superintendent of Army
Nurse Corps, under color of authority
in act, Sept. 22, 1941, to make tempo-
rary appointments as officers in Army

Page

819

113

742

766

742

1067

484

APPOINTMENTS-Continued.
Temporary-Continued.
Army-Continued.

of U. S. "from among qualified per-
sons."
General scope of authority under act,
Sept. 22, 1941-act of Sept. 22, 1941,
makes no provision for promotion of
officers or other persons already in
military service, but is authority only
for temporary appointments of officers
in Army of U. S. from among qualified
persons-that is, persons otherwise
eligible to appointment as officers in
armed forces without appointing
them to any particular component of
said Army, such as Regular Army,
Nat'l Guard, or Officers'
Corps.

Or permanent:

Administrative authority:

Reserve

Appropriation item in fiscal year 1942
appro. for P. O. Dept. for clerks at
division headquarters of post-office
inspectors is available for the em-
ployment of temporary, as well as
permanent, employees...

In the absence of an express provision
to the contrary, a lump-sum appro-
priation for personal services is
available for both permanent and
temporary employees....
Whether employees are to be engaged
on a permanent or temporary basis
is generally an administrative mat-
ter..
Women as commissioned officers of Army-
propriety of authority in act, Sept. 22,
1941, to make temporary appointments as
officers in Army of U. S. "from among
qualified persons" refers to and contem-
plates men exclusively, and may not be
regarded as authority for commissioning
women as officers in Army of U. S
APPROPRIATIONS:

Page APPROPRIATIONS-Continued.
Availability-Continued.

1073

1073

484

484

484

1073

Bonuses for contractors' employees-Con.
gram"-payment to be made at such
intervals and in such amounts as Sec.
of Navy shall determine-would result
in unenforcible contract not binding
on either party and is therefore un-
authorized in absence of specific stat-
utory authority for payment of such
bonuses....

Navy appropriations for "Replacement
of Naval Vessels" are not available for
payment of bonuses, for meritorious
services, to contractors' employees en-
gaged on Navy Dept. shipbuilding
contracts, whether payment be direct-
ly to employees or indirectly, through
contractors, under unenforcible modi-
fication of contracts..
Compensation appropriation v. traveling
expense appropriation-payment of in-
crease in compensation resulting from
nondeduction for subsistence during
temporary absence-where amount of
cash compensation to be paid employees
from whose salaries deductions are made
pursuant to sec. 3, act, Mar. 5, 1928, for
value of Govt. subsistence furnished in
kind is increased by value of meals not
furnished when employees are absent
from headquarters on official business,
such increase is not item of subsistence
payable from traveling expense appro-
priation but is part of cash compensation
payable from appropriation for salaries..
Dues, membership. See Fees, membership.
Expenses incidental to specific purpose-
express authority granted Office of Co-
ordinator of Inter-American Affairs by
act of Dec. 17, 1941, to create corporations
for carrying out its program includes
authority, within available appropria-
tions, to employ such means and to make
such expenditures as may be necessary
to accomplish that end

Matters for which specific index headings
have been established. See the specific
index headings.

Periodicals. See Books, Periodicals and
Newspapers, periodicals.

Personal furnishings. See Personal Fur-
nishings, appropriation availability.
Prior to appropriation or period for which
made. See Appropriations, obligation.
Balances-transfers. See Appropriations,
transfers.

Coast Guard--applicability of Navy appro-
priation provisions-civilian clothing on
discharge although Coast Guard at pres-
ent is operating as part of Navy, appros.
in act of Feb. 7, 1942, for Coast Guard are
separate from appros. in same act for the
naval service, so that provision of said act
increasing value of civilian clothing author-
ized by sec. 125, act of June 3, 1916, as
amended, to be furnished Navy enlisted

APPROPRIATIONS-Continued.

men upon discharge otherwise than honor-
ably does not operate to increase value of
civilian clothing that may be furnished
Coast Guard enlisted men under said
section when similarly discharged..
Emergency Fund for the President-availa-
bility for storage of effects of employees of
decentralized agencies-funds allocated
from appropriation "Emergency Fund for
the President" made by Independent
Offices Appropriation Act, 1942, for trans-
fer of household goods and personal effects
of "decentralized" employees "as pro-
vided by the act of October 10, 1940, and
regulations promulgated thereunder" are
not available for expense of temporarily
storing such goods and effects in transit,
in absence of specific provisions therefor in
the allocation letter, in the said act of Oct.
10, 1940, or in the regulations.
Emergency Relief Act of 1942-availability
for education of Selective Service regis-
trants-funds provided by Emergency
Relief Appropriation Act, 1942, may be
used for prosecution on Federal basis of
project for educating Selective Service
System registrants to standard which con-
forms with minimum educational require-
ments for induction into armed forces of
U. S., but Selective Service System, as
sponsor of project, may not use moneys
appropriated for its operation and main-
tenance to obtain any materials to be used
in connection therewith...

Fiscal year:

Availability beyond:

Filling need of subsequent year

Letter of intent to contract followed by
formal contract in next fiscal year-a
Govt. "letter of intent to contract"
which reserved the option either to
order certain articles, or to reimburse
the company for costs incurred if the
order was withheld, obligated the
Govt., at the time of its acceptance
by the contractor, for reimbursement
of such costs, and, as the agreement
contemplated immediate action by
the company, the fiscal year appro.
which became so obligated is availa-
ble for the price of such articles even
though the formal contract for their
manufacture was not executed until
the following fiscal year and the ex-
act amount of the Govt.'s liability
was not known until that time.
Availability for prior period--deliveries
in prior fiscal year-while contracts
may be made for coal for ensuing fiscal
year after funds have been appropriated
therefor, and deliveries may be made
prior to that fiscal year, payment may
not be made for such deliveries until
after beginning of fiscal year for which
appro. is made, and, therefore, both the
purchase and transportation contracts.

if there be separate transportation con-
tracts, should contain suitable protective
provisions regarding these matters of
time of delivery and payment.
Indefinite amounts:

Applicability of lapsed appropriation dis-
position requirements-provision of act,
June 20, 1874, as amended, requiring all
unexpended balances of appropriations
which shall have remained on books of
Treasury for two fiscal years to be car-
ried to surplus fund of the Treasury, is
applicable to an indefinite appropriation,
that is, an appropriation made for a
particular fiscal year but indefinite as to
amount, and therefore, a claim may not
be paid under such a lapsed appropria-
tion but is for reporting to Congress for
an appropriation for its payment as a
certified claim.

Definition of appropriation act appropri-
ating "so much as may be necessary" is
an "indefinite appropriation" as defined
in 13 Op. Atty. Gen. 288, 292, it being
stated therein such appropriations are
those "in which no amount is named.".
Expenditure procedure-discussion of pro-
cedure with respect to authorized ex-
penditures chargeable to appropriation
which is indefinite as to amount.

Lapsed:

Claims. See Claims, lapsed appropriations.
Transfer to surplus fund. See Appropria-
tions, transfers, to surplus fund.
Lease-lend-status for land-grant deduction
purposes-transportation of a member of
the U. S. military forces traveling on duty
in connection with the promotion of the
national defense pursuant to the Act to
Promote the Defense of the United States,
approved March 11, 1941, the cost of which
transportatior is payable from the appro-
priation made by the Defense Aid Supple-
mental Appro. Act, 1941, is transportation
of "troops of the United States" within the
meaning of the land-grant statutes, and,
therefore, the cost of such transportation
is for computation on the basis of appro-
priate deduction for land grant.
Limitations-statutory purchase restric-
tions in general-general effect of War
Powers legislation, etc.-neither sec. 201 of
Title II, First War Powers Act, 1941, em-
powering President to authorize certain
Govt. agencies and depts. to disregard, in
exercise of wartime functions, statutory re-
strictions relating to progress payments
and to making, performance, modifica-
tions, etc., of contracts, nor E. O. 9001, is-
sued pursuant thereto, authorizes non-ob-
servance of statutory purchase restrictions
on certain supplies and equipment
Lump-sum-temporary or permanent ap-
pointment discretion-in the absence of an
express provision to the contrary, a lump-

APPROPRIATIONS-Continued.

sum appropriation for personal services is
available for both permanent and tempo-
rary employees..............
More than two fiscal years old-transfers to
surplus fund. See Appropriations, trans-
fers, to surplus fund.
Navy Department-"Replacement of Naval
Vessels"-availability for bonuses to con-
tractors' employees-Navy appropriations
for "Replacement of Naval Vessels" are
not available for payment of bonuses, for
meritorious services, to contractors' em-
ployees engaged on Navy Dept. shipbuild-
ing contracts, whether payment be directly
to employees or indirectly, through con-
tractors, under unenforcible modification
of contracts..
Obligation:

484

54

Classification of obligations according to
objects-Treas. Reg. 1, June 28, 1941... 1162
Fiscal year chargeable. See Appropria-
tions, fiscal year.

Letter of intent to contract-A Govt. "let-
ter of intent to contract" which reserved
the option either to order certain articles,
or to reimburse the company for costs
incurred if the order was withheld, did
not operate as an obligation against ap-
propriated moneys until its acceptance
by the contractor..

Prior to appropriation made-contract-

ing limitations-while contracts may be
made for coal for ensuing fiscal year con-
tingent upon enactment of fiscal year ap-
pro. providing funds therefor, deliveries
under such contracts may be accepted
prior to that fiscal year only if made after
funds have been appropriated, and, inas-
much as payment may not be made for
such deliveries until after beginning of
fiscal year for which the appro. is made,
both the purchase and transportation
contracts, if there be separate transporta-
tion contracts, should contain suitable
protective provisions regarding these
matters of time of delivery and payment.
Prior to period for which made-permissi-
bility-while contracts may be made for
coal for ensuing fiscal year after funds
have been appropriated therefor, and
deliveries may be made prior to that fis-
cal year, payment may not be made for
such deliveries until after beginning of
fiscal year for which appro. is made, and,
therefore, both the purchase and trans-
portation contracts, if there be separate
transportation contracts, should contain
suitable protective provisions regarding
these matters of time of delivery and
payment...
Substitution of term "obligations" for
term "encumbrances"-Bull. 1, amend-
ed, July 10, 1941..
Office of Coordinator of Inter-American
Affairs-expenses incident to creation of
Government corporations-express author-

574

864

864

1162

ity granted Office of Coordinator of Inter-
American Affairs by act of Dec. 17, 1941,
to create corporations for carrying out its
program includes authority, within avail-
able appropriations, to employ such means
and to make such expenditures as may be
necessary to accomplish that end, and,
therefore, payment is authorized of organi-
zational expenses incident to incorporation,
including expense of services of resident
agents where required.....

"Permanent specific appropriation" de-
fined......

Selective Service System:
Education of registrants:

Funds provided by Emergency Relief
Appropriation Act, 1942, may be used
for prosecution on Federal basis of
project for educating Selective Service
System registrants to standard which
conforms with minimum educational
requirements for induction into armed
forces of U. S., but Selective Service
System, as sponsor of project, may not
use moneys appropriated for its opera-
tion and maintenance to obtain any
materials to be used in connection
therewith.......

Funds provided for operation and main-
tenance of Selective Service System
are not available for educating regis-
trants so that they may meet educa-
tional requirements for induction into
armed forces of U. S....

Status as creating debt in favor of agency
concerned-appropriation by Congress of
public money to pay expenses and obliga-
tions of Govt. agency does not create debt
in favor of such agency, nor does it give
such agency legal claim against U. S. for
amount so appropriated..
Transfers:

Between departments and establishments:
See, also, related heading: Departments
and Establishments, services between.
Limitations:
Open-market

purchases-purchases
from working funds advanced to
Coast and Geodetic Survey, Com-
merce Dept., by Army Air Corps,
pursuant to sec. 601, act of June 30,
1932, for carrying on a project for the
Air Corps are subject to the excep-
tion to the advertising-for-bids re-
quirement of sec. 3709, R. S., con-
tained in the act of June 12, 1906,
applicable to the Air Corps, rather
than to the exception contained in
the act of Oct. 10, 1940, applicable to
the Commerce Dept...
Personal services:

Where the Bureau of the Census is
peculiarly equipped to perform for
another agency statistical work for
which the funds of the latter agency
would be available if the work

Page

46

132

132

254