1050

1107

1050

ized by sec. 18, act, Mar. 7, 1942. 1107
Upon detachment from vessel for
admission to hospital, right ceases to
additional pay authorized by sec. 18,
act, Mar. 7, 1942, for Army and Navy
personnel on sea duty....
Loss of vessel on which serving-Navy
officer in a sea-duty status when ad-
mitted to hospital is not entitled to the
additional pay for sea duty authorized
by sec. 18, act, Mar. 7, 1942, if vessel
aboard which he had been serving was
lost...

Sick leave authorization-Navy officer
in sea-duty status when admitted to
hospital without an order granting him
sick leave is entitled, while in hospital,
to additional pay for sea duty author-
ized by sec. 18, act, Mar. 7, 1942.
Sickness:
Marine Corps Reserve-recall to duty for
hospital treatment and possible discharge
from service-Marine Corps Reserve
officer is not on "active duty" within
meaning of sec. 7, Naval Reserve Act of
1938, setting forth conditions under
which such officers are entitled to pay
and allowances, during a period of hos-
pital treatment under orders, issued
after release from active duty, reassign-
ing him to "active duty" for purpose of
corroborating his statements as to neces-
sity for such treatment and to determine
his physical fitness with a view to dis-
charge, and, therefore, he is not entitled
to pay and allowances for such period...
National Guard-disease or injury ante-
dating active duty-National Guard
enlisted man, sick in hospital at time
organization was inducted into active
Federal service, is entitled, upon later
reporting pursuant to orders and subse-
quent discharge for disability, to pay
from date he commenced travel until

1107

1107

781

Sickness-Continued.

discharge and to travel allowance as pro-
vided by act of Sept. 22, 1922
Submarine duty-diving duty pay distin-
guished-submarine duty and diving duty
are separate and distinct with additional
pay provided for each, and additional pay
for diving duty is not necessarily dependent
upon assignment to duty aboard a sub-
marine.....

Superintendent of Army Nurse Corps com-
missioned Army officer-Superintendent
of Army Nurse Corps whose pay, addi-
tional money allowance, and "relative
rank" are fixed by statute is not entitled to
pay and allowances of a colonel in Army of
of U. S., to which office she was appointed
in addition to her appointment as super-
intendent of Army Nurse Corps, under
color of authority in act, Sept. 22, 1941, to
make temporary appointments as officers
in Army of U. S. "from among qualified
persons
Time in excess of proceed and travel time-
orders not authorizing delay in report-
ing-where a Navy officer's orders did not
specify that any part of the period between
date of detachment from his permanent
station and date of reporting for temporary
duty was to be counted as leave nor specify
any authorized period of delay in reporting.
but, due to conditions of the service, did
specify a date of detachment and a date of
reporting, embracing a period in excess of
the usual proceed and travel time, the of
ficer is entitled to pay and allowances for
the entire period between said dates rather
than only for a period equal to the usual
proceed and travel time.

PAYMENTS:

Page

144

932

1073

710

800

Absence or unenforceability of contracts:
Supporting evidence requirements-dis-
cussion of evidence to support payments,
on quantum meruit basis, to stevedoring
contractor under cost-plus-a-percentage-
of-cost contract (which form of contract
is illegal and not binding on U. S.) for
wages; Social Security taxes; and mate-
rials furnished and equipment rented...
Unauthorized cost-plus contracts-con-
tract for stevedoring services entered into
without advertising pursuant to sec. 1
(a), act of July 2, 1940, providing for pay-
ment on a cost-plus-a-percentage-of-cost
basis contrary to provisions of said see-
tion is not binding on the U. S., but
contractor may be paid on a quantum
meruit basis for actual wage payments
to employees; Social Security taxes de-
ducted from wages, and those contributed
by the contractor, which have actually
been paid to the State and Federal
Govts.; actual payments for equipment
rental, etc.; actual overhead costs of su-
pervision and insurance; plus a reasona-
ble fee for performance of the contract.. 800

PAYMENTS-Continued.

In lieu of taxes:

Resettlement project property:

Basis of computation:

The payments in lieu of taxes author-
ized to be made to local tax units on
resettlement project property under
sec. 2, act, June 29, 1936, are required
by the statute to be based upon "the
cost of the public or municipal serv-
ices to be supplied ⚫ ⚫ taking
into consideration the benefits to be
derived by ⚫ taxing unit from
such project", and may not be de-
termined merely by applying estab-
lished tax rate of district in which
property is located to appraised value
of the property as fixed by Farm
Security Adm
Where it is clearly stated in agreement,

or in administrative certificate ac-
companying agreement, that amount
to be paid under authority of sec. 2,
act, June 29, 1936, to local taxing
units in lieu of taxes on resettlement
project property is based on or is less
than actual cost of public or munic-
ipal services to be supplied less bene-
fits accruing to taxing unit from proj-
ect, this office will not ordinarily
question amount nor require item-
ization of costs..

Services, supplies, etc., not under contract.
See Payments, absence or unenforceability
of contracts.

PAY ROLLS:

Information required-leave payments dur-
ing military duty-no objection to adminis-
tratively proposed pay roll, etc., procedure
in connection with payments to employees
for leave while receiving pay for military
or naval duty, as authorized by act of Aug.
1, 1941, which procedure contemplates,
among other things, that the records will
not be amended to show a return of the
persons from furlough for the leave period
and a re-furlough for active duty. How-
ever, payments should be supported by
certified copy of order to active duty or a
statement showing order to such duty and
date so ordered......

74

74

210

PENITENTIARIES AND PRISONS:
Federal prison products-requirement for
purchase of cost-plus contractors-act of
July 2, 1940, authorizing War Dept. to
contract on cost-plus-a-fixed-fee basis, did
not suspend any existing statutory limita-
tions on the expenditure of public moneys
except those expressly mentioned therein. 273, 835

PENSIONS:

Naval Reserve rights generally:

Aviation cadets-Naval Reserve aviation

cadets are entitled to the pensions, com-
pensation, retirement pay, hospital bene-
fits and death gratuities provided by
sec. 4 of act of Aug. 27, 1940, as amended,

Naval Reserve rights generally-Con.
to extent that such benefits are matters
within jurisdiction of this office.....
Death prior to completion of 31 days'
active service-members of Naval Re-
serve whose orders to active duty are
for periods of indefinite duration during
existing national emergency, and do not
otherwise indicate that ordered duty
is for less than 31 days, are within pro-
visions of sec. 4 of act of Aug. 27, 1940,
as amended, granting pensions, com-
pensation, retirement pay, and hos-
pital and death gratuity benefits to
members of Naval Reserve ordered to
extended active duty in excess of 30
days, even though they are disabled
or die prior to completion of 31 days'
active service..
Honorary retired list officers-officers
and enlisted men on honorary retired
list of Naval Reserve, established by
sec. 309, Naval Reserve Act of 1938, who
have been or may be ordered to active
duty for extended service in excess of
30 days are entitled to pensions, com-
pensation, retirement pay and hospital
benefits provided in act of Aug. 27,
1940, to extent that such benefits are
matters within jurisdiction of this office.
Merchant Marine cadets-Merchant Ma-
rine Reserve cadets are entitled to the
pensions, compensation, retirement pay,
hospital benefits and death gratuities
provided by sec. 4 of act of Aug. 27,
1940, as amended, to extent that such
benefits are matters within jurisdiction
of this office.
Midshipmen-Naval Reserve midship-
men are entitled to the pensions, com-
pensation, retirement pay, hospital
benefits and death gratuities provided
by sec. 4 of act of Aug. 27, 1940, as amended,
to extent that such benefits are matters
within jurisdiction of this office...
PERIODICALS:

See Books, Periodicals, and Newspapers,
periodicals.

PERSONAL FURNISHINGS:

Appropriation availability-safety clothing
and equipment-purchases of protective
clothing and equipment for War Dept.
employees of ordnance plants, which cloth-
ing and equipment are essential to the safe
and successful operation of said plants and
primarily for the benefit of the Govern-
ment, may be made from appropriations
otherwise available for the accomplish-
ment of the work involved...
PERSONAL INJURIES:
Subrogation:

An insurer under workmen's compensa-
tion laws of California, including the
State Compensation Insurance Fund,
who pays or is obligated to pay compen-

Page

121

121

121

121

121

731

PERSONAL INJURIES-Continued.

Subrogation-Continued.

sation to an insured employee injured
through the operation of the P. O. Dept.
may be regarded as a claimant by subro-
gation under act of June 16, 1921, as
amended, authorizing the Postmaster
General to adjust certain claims for
damage arising as a result of the activities
of said Dept...

Claims by subrogees may be considered by
Postmaster General under act of June 16,
1921, as amended, authorizing him to
settle "any claim" for damages to person
or property arising out of operation of the
P. O. Dept. where his award does not ex-
ceed $500, if such claims are based on cir-
cumstances that would create a legal
liability on the Govt. to pay the damage
of the injured party were it not for the
sovereign immunity of the Govt. from
suit in such matters..
Discussion whether finding of negligence
on part of Govt. employee is condition
precedent to favorable consideration by
Postmaster General under act, June 16,
1921, as amended, of claim by subrogee
for damages arising out of operation of
Post Office Dept....

PERSONAL SERVICES:

Appointments. See Appointments.

Private contract v. Government personnel:
Private contract in lieu of inter-depart-
mental service-where it is in Govern-
ment's interests and it is found after
advertising for bids that work can be "as
conveniently or more cheaply" procured
by contract with a private concern than
from another Government agency, such
mode of procurement is authorized under
sec. 601, act of June 30, 1932, which ex-
pressly provides that services may be so
procured under such circumstances.....
Private contract justification, generally-
where neither the basic legislation nor
the appropriation made to carry out its
purposes expressly nor by necessary im-
plication requires that certain work be
performed by the personnel of the par-
ticular agency for which the funds are
appropriated and it develops that it
would be impossible or impracticable to
have the work so performed, there is no
objection to the use of the appropriation
involved to pay for having the work
done otherwise. 15 Comp. Gen. 951,
distinguished.

Services, etc., incident to collection of
motor vehicle use tax-if administra-
tively determined that procurement by
contract rather than by use of Govt.
personnel of a national list of automo-
bile owners and certain services incident
to collection of use tax of $5 imposed on
motor vehicles under Sec. 3540 of Internal
Revenue Code, as added by Sec. 557 of

Continued.

Revenue Act of 1941, is most economical
and expeditious means of effecting collec-
tion of such tax, the appropriation "Col-
lecting the Internal Revenue" may be
considered available for such purchases,
provided the advertising for bids require-
ments of Sec. 3709, R. S., are complied
with..

Statistical, tabulating, etc., work:
Cost of procuring by private contract
certain statistical, tabulating, etc.,
services in connection with War Dept.
ordnance material may be charged to
appro. "Ordnance Service and Sup-
plies, Army, 1942," but appro. "Pay
of the Army, 1942" is not available for
such costs nor is it made available by
provision in Military Appro. Act,
1942, authorizing Sec. of War to use
"any appropriation available for the
Military Establishment”.
Costs of procuring by private contract
certain statistical, tabulating, etc.,
services in connection with War Dept.
personnel matters may be charged to
appro. "Contingent Expenses, War
Dept. 1942," but appropriation "Pay
of the Army, 1942" is not available for
such costs nor is it made available by
provision in Military Appro. Act,
1942, under "Salaries, War Dept."
authorizing Sec. of War to use "any
appropriation available for the Mili-
tary Fstablishment"..

Where it is not in Government's in-
terests to have certain tabulating
services in connection with registering
aliens under Alien Registration Act
of 1940 performed by Dept. of Justice
employees and it is found after adver-
tising for bids that such work can be
"as conveniently or more cheaply"
procured by contract with a private
concern than from another Govern-
ment agency, such mode of procure-
ment is authorized under sec. 601,
act of June 30, 1932, which expressly
provides that services may be so pro-
cured under such circumstances..
While commercial firms may, under the
circumstances, be engaged by War
Dept. to perform certain statistical,
tabulating, etc., work involving not
only the furnishing of specially trained
personnel, but also sufficient space,
supplies, and complicated and special
machinery, where the work is to be
performed in Govt. space and there is
involved exclusively or essentially
the rendition of personal services,
such as typing, sorting, filing, index-
ing, etc., not requiring specialized
training, the work should be performed
by Government personnel......

Page

486

486

400

486

PRESIDENT OF THE UNITED

STATES-Continued.
Authority-Continued.

War Powers legislation-Continued.
General effect on statutory purchase

restrictions-Continued.

nor E. O. 9001, issued pursuant
thereto, authorizes non-observance
of statutory purchase restrictions on
certain supplies and equipment.....
Provisions in Naval Appro. Acts for
1942 and 1943 prohibiting procure-
ment of articles of food or clothing
not grown or produced in U. S. or
its possessions are not provisions of
law "relating to the making

of contracts" which may be disre-
garded under sec. 201, First War
Powers Act, 1941, empowering
President to authorize certain
Govt. agencies in the exercise of their
wartime functions to enter into con-
tracts without regard to the provi-
sions of law relating to the making,
etc., of contracts..
Suspension of "the provisions of the sec-
tions"-effect on permissive as well as
mandatory provisions-where, by E. O.
8719 and 8812, the President has suspended
compliance with "the provisions of the
sections" of the appropriation acts therein.
mentioned, the effect is to suspend com-
pliance with provisions in said sections
with respect to permissive action as well as
the mandatory provisions,
standing the administrative motives in
recommending issuance of the Executive
Orders may have been otherwise.

notwith-

PROPERTY:

Private:

Page

991

991

991

411

411

Damage, loss, or destruction:
Bailee-claim
jurisdiction-claims re-
sulting from failure of Govt. to exercise
proper care under its bailment con-
tracts are cognizable under sec. 236,
R. S., as amended, authorizing G. A.
O. to settle and adjust claims against
U. S., and appropriated funds may be
used to satisfy such claims when prop-
erly established..
Bailee's liability generally-bailee, under
a mutual benefit bailment, ordinarily
is responsible for damage, reasonable
wear and tear excepted, to bailed
property even though not expressly
provided for in contract, and under
such bailment contracts U. S. is liable
for damages resulting from negligence
of its employees...
Consequential damage-if Sec. of Navy
should determine, pursuant to an
appropriation provision authorizing
him to consider, etc., and pay from
the appropriation claims for damages
to private property growing out of the
operations of naval aircraft, that dam-
ages resulted to owner of milch goats
which were frightened when naval
aircraft operated in vicinity of gost
dairy, payment may be made from
the applicable appropriation, “Avis-
tion, Navy," of such amount as may
be found due. 3 Comp. Gen. 234;
4 id. 1074; and 13 id. 349, distinguished... 440
Emergency Relief Act provision:
Finality of administrative action-
doctrine of election of remedies has

no application where party has in