Petition for Writ of Certiorari — United States v. Dickerson

Supreme Court brief1940

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| Inte Sapronegjou of the ®inited Sites

Oc TORER TE RM, 1959 ‘

THE UNITED STATES OF AMERICA, PETITIONER

; ; ue :

~“Rametr FL DickERSON

PETITION FOR A WRIT. OF CERTIORARI TO THE- COURT

_OF CLAIMS ;

Opinion MUO 5 chica dunece sass or

Jurisdiction... ..+:--.- ;

Question presented _

Statutes involved _—.-----

Statement ___--- eases wate =

Specification of errors to be urged’

- Reasons "for granting the writ_—-

Conclusion — .-—- —

Appendix ee ae

Appendix B_-- -- 4.’

Appendix C_ - - bc

- | CITATIONS

Case 8:

Other statutes are cited in Appendix B, but are not refer

and are, therefore, nut included in this index. J

Oo.

Belknap v. United States, 150 U. s. §88...

“Brooks v. United States (2. D: N.Y. ), decided Nov. 2

Dunwoody v. United States, 143 oe 8. 578 _

Mathews.y. United States, 123 U. 32 182

T939_

Strauss v. United States ‘C. Cs.) ; doandeak January 8, ‘1940

United States ex rel. Gillett v: Dern, 74 F. (2d) 485

United States v. Mitchell, 109 Us@. 146_ ~~

United States v. Perry, 50 Fed. 743, appeal dismisse dé, 45

U.S. 660.

United States v. Vulte, 233 U.S. 509.

‘Wallace v. United States, 133 U.S. 180_-

Statutes: ! oo .

Act of October 22, 1913, ¢. 32, 3S Stat. 208, 212 (U.S

Title 5, see. 54)

Act of April 6, 1914, sec. 5, c. 52, ad Stat. 312, 335 (U.

' Title 5, see. 55).

Act of June 10, 1922, ©. 212, 42 Stat. 625, 629 (Is

Title 10, see. 633, T: ‘tle 37, ace. 13, 16):

See. 9°.

See. 10. - :

_ Act of March 3, 1933, e, 212, 47 Stat. 1489, 1519:

See. 18. an en a

Act -of March 28, 1934, € 102, 48 Stat. 509, 523°

Sec. 24

Act’of May 14, 1935,"c. 110, 49 Stat. 218, 226 227

Act of June 14, 1935, ¢ c. 241, 49 Stat. 341, 356. .—.

20T86440——1, °° I)

to iri the text of this petition

6 7.

j II

” Statutes—-Continued, | 3 ° . Page

Act-of June 23, 1936, ¢. 725, 49 Stat. 1827, 1837. Seti catneies 16

Act of Apri! 27, 1937, ¢. 140, 50 Stat 96 11, 24

Act of May 28, 1937, c. 277, 50 Stat. 213, 232. 4 4, 15

* Aetof dite 2 stat: 359, 363-— Co ae

Acta July 1, “1937, ¢. 423, 50 Stat. 442, 446: ...... 5... 24.

Act of May 23, 1938, ¢. 259, 52 Stat. 410, 427 eth 24

tof June 16, 1938, ¢. 464, 52 Stat. 710, Thi . 23

- Phblie Resolution No. 122, June 21, 1988, e. 554, 52 Stat.

~ ba . ,

. 02.22. .....- 8, 4, 5, 18

Misce en OUsS?, i ; ~ ahi ;

81 Cong. Ree. 4426, 5083 5084, 5OSS- Dc i<ccwensouns oe

83 Cong. Ree. 8553-8554, 8556-8557, 8565-8568, 8921,

MIST, 9512, 9667-9669, 9671, 9674-9679. ea *

Ss. Rept. 2161, 75th Cong., 3d Sess _ —- -- Ce Pete Speen eee 9 -

H. R. 10851, 75th Cong. 3d Sess. 22-2 og Re “9

Senate Rule XVI__ -- Oa eta atala a aig tee es 10.

House Rule X XI, sec.-2..:..-.- ER oes ee Cee ye eens Fo 10

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-— Bnthe Supreme Gout ofthe Waited Sates

OcToBER TERM, 1939

;

4 No. ——

4. aS

1 ~ THE Unirep States OF AMERICA, PETITIONER

- of pes a. |

3 “

‘ Emmetr F. Dickerson

3 PETITION FOR A WRIT OF CERTIORARI TO THE COURT .

4 - OF CLAIMS

; The Solicitor General, on behalf of f thie United

: States, prays that a writ of certiorari issue’ to re-

] view the judgment of the Court of Claims in the

j jbove Case, .

3 OPINION BELOW — ,

"Thi opinion of the Court of Claims iS pot yet

’ offic iallv re ported. . : on

Se Sah td,

aie

JURISDICTION,

The judement: of the Court of Claims was en-

tered November 6, 1939, The jurisdiction of this

Court is invoked under Section 3 (b) of the ‘Act t.

of I ‘ebruary q 3, 1925, as amended.

QUESTION PRESENTED

Whether Section 402 of Public Resolution No.

122 of Qyne 21. 1938, infra, p. 15, suspends the re-

, s. ‘ay ie

YER. 2 rr ak 8 a a al Pe: P PP He

FE cg EELS EDS COINS BEEN EBD Hipple. Sd

Pent ts s

;

_enlistnent-atowance otherwise payable under See-

tiou 9 of the Act of June 10, 1922, fifa, p. 14, to

that after July 1, 1922, an enlistment allowance .

men‘reenlisting in the military forees of the United

States during the fiscal year ending June 30, 1939.

és

STATUTES INVOLVED

The appleable portions of the statutes mivelved

are set forthin Appendix A, infra, pp. 14-16.

STATEMENT

- =

The respondent has served in the United States

Army as a private or a noncommissioned officer

With substantial continuitvesince August, 1917

(Pidg. 1). He was honorably discharged upon the

expiration of each of his enlistments, his last dis-

charge being from an enlistment. terminating on

July 21, 1% iS (Fade. 1). -On July 22. 1938, he re-

enlisted for another three-year term, and is now

serving in the Army (Fde.

Section 9 of the Act of dad 10, 1922, provided

_ snould be paid. te every honorably discharged en-

listed man.who reenlists within a period of three

months from the date of lis discharge. The Act

of March 3, 1933, “stspended™ -for the fiscal year

ending June 30, 1934, so much of: Sections 9 and 10

af the Act of June 10, 1922, as provided for the

pay ment of reenl¥stment allowances, This suspen-:

sion Was continue? in identical “een for the

fiscal years 1935, 1936, and 1937, ~ However, differ-

ent statutory language was employed for the vears

its OA ce one hae cama taeeee

ol ig tlae i ease Rae

OC IRE SOPR nik car hana ce enone

. . 3°:

: @

1938 and 1939. Thus, Section 402 of Public Reso-

lution No. 122, approved June 21, 1938, provided in

substance. that no part of any ‘appropriation cou-

& tained in that or any other, Act for the fise al year

ending June 30, 1939, should be available for the

payment of enlistment allowances for reenlistinents,

notwithstanding the provisions of Sections 9 and 10

of the Act of June 10, 1922. Similar provi isions

had heen made for the fiscal year 1938. |

When respondent reenlistéd on July 22, 1938, he

Was not paid a reenlistment’ allowance, althougli he

had reenlisted within three months from the date

upon which he had been honorably discharged from

his preceding tern (Fdg. 2). If respondent were

entitled to’a reenlistment allowance for his reen--

‘e

listment of July 22, 1938, ther eis due him the sum

of $75,00° (Fdé. 3).

: hea els ut. brought suit in the Court OPC: ims

to recover the.sum-of $75.00, allexed to be owing to

we under the provisions ef Section 9 of the Act.

June 10, 1922.5 The United States oppased the

it on the ground that Section 402 of Pubhe

Resolution No: 122 of June 21s 1938, suspended: the

allowance ‘for reenlistment during the fiscal year

wnding June 30, 1939. The Court of € laims en-

‘tered judgmient for the responde nt. |

SPECIFICATION OF ERRORS TO BE URGED

ih Court of Claims erred:

. In holding that an enlisted man reenlisting

in . Army during the fiseal lyear ending June 30,

4 ae

1939, and complying with the.terms of Sectigh 9

of the Act of June 10, 1922, is entitled to recover

= reenlistment allawance, | |

2. In failing to hold that Section 402 of Public

Sateen No, 122 of June 21, 1938,: suspends the

payinent of any) reenlistment allowance which

might be otherwise payable under Sections % and

10 of the Act of June 10, 1922, toa man ree snlisting: -

“in the military or other uniformed forces of the

United. States during the fiseal year ending June

30, 1939, :

3. In holding that the purpose and effect of See-

tion 402 ‘of Publie Resoluticn No. 122’of June 21,

1938, ‘and the Act of May 28, 1937, differed from

‘the purpose and effect t of Section 18 of the Act of

Mareh3, 1933, and ideutieal provisions in subse-

quent Acts which suspended payment of the re-

enlistwient allowance prov ided in Sections 9 and

10 of the. Act of June 10, 1922.

4. In holding that thy ‘only. purpose and effect

of Section 402 of Public Resolution No, “122 was

to prohibit the payment of reenlistment.allowances

from -the funds appropriated for the fiseal vear

ending June 30, 1939, ;

a. In enterilig judgment for the respondent. °

ba REASONS FoR. GRANTING THE WRIT

wT his vase, prese nts an important question ih

the inte rpretation of a federal appropriation Act.

~ ‘eo

In construing the Act as it did the Court of Clafns |

failed to give effect to the,manifest intention of

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| possible.

Congress. “And as a result of the? decision below

there are over 100,000 ‘potential claims for reenlist-

ment allow alices for the fiscal years 1938 and 1939

which will clog the dockeis of the courts. More- :

over, the decision bel ow Way affect al: irge number

of apprépriation Acts employing language similar -

to that involved herein.“ [1 is therefore essential to

the orderly administration of these statutes that the

question. here presented be put at rest as soon’ as

= he basie statutory provisions whic he grant allow-

ances: for reenlistment are contained in: Sections 9

and 10 of the Act of June 10, 1922. See Appendix

A, iifra> As an economy measure, however, Sec-

tien 18 Of the Act of Mareh 8, 1938 CAppenitix A,

vwfra) declared that the foregoing provisions of the

1922 Acipwere tsuspended as toreenlistments made

during the fiscal vear ering Janie 30, 1954.7? And

during each ofthe following three vears like. stat -

utes were enacted whieh, in lanenage identical with

the 1933 Act, suspended the eperation wi the 1922

Act as to reenlistment allowances for the fiscal .

years ending June 30, 1930, 1936, and 1937, respee-

a tibedy. For the fixcal ye ars 1938 and 1939, Congress

adopted a. somewhat different formula to achieve

the s same end. As to 1939, the year involved herein,

Congress provided that (Section 402 of: Py tblie Res-

olution No, 122, June 21, 1938, ¢. 554, 52 ‘Stat. 809,

818) “no. part. of any appropriation contained in)

this or any other. Act for the fiscal year ending June

» 30, 1939, shall be available for the paymeut of enlist-

ment allowaneé * * *° as to reenlistments

made during the fiscal vear ending June 30,

1939 2 7 =". we Appendix, A, infra.’ Ande -

like provision had been made the pree eding vear

with respect to reenlistments during the fiseal year;

ending June 30, 1938.

The court be low, however . held that the variation °.

in danguaye betiveen the provisions enaeted for the

fiscal years ending in 1934-1937 and the provisions.

dealing with. the fise al vears ending. in 1935 and -

1939. was critical. It held that althougli the right

. to reenlistme nt aHowances was suspended duri ing

the fiscal years 1934-1937, Congress nevertheless

failed to achieve the sane result for the fiscal years

1838 and 1938

Years, the statutory limitation was merely binding

upeh administrative officers of the Government and

that the hasie right to the allowance remained .in

full foret for which it could and did enter judg-

sment. Thus the result of the decision is that al-

though € ongress took ereat pains to prevent the

payment of any red silistment allowance for the:

years 1938 and 1939, its express statutory prohibi-

tion can be circumvented hy resort to the judicial ’

process. © And as a corollary to that result, each of -

the nieve than 100,000 potential claims beeomes a

potential lawsuit in order that the claim may. be

reduced to judgment,

It seems impossible to believe: that Congress.

could have intended any suc ‘h absurd core. °

t conclhded that-as to the latter |

Slay 28 aed

“£

And.even in the absence of any legislative “history.

showing. that the change in statutory language was

‘not intended to produce a-different result, the court

below should have construed the statute in accord

-with its plain import. But here the legislative his- ie

fory;.ignored by the court helow, ‘confirms and for-_

lifles the obviotis meaning of thes se provisions, lédv-

vy no doubt whatever as’ to ‘the purpose of

_ Congress: — | ae . _

The provisions, with respect to the year 1938

originated’as an amendment, introduced by Sena-

tor Byrnes, to the second deficiency appropriation

: Act for the fiscal year 1937. The amendment, in

langage identical with ‘the statutory provisions,

applicable here, prohibited the use of appr opriated.

funds tor the payment of reenlistment, allowances.

— forthe year 1938. Senator Byrnesistated (81 Cong.

Ree. 4426):

Se ie language of the amendment has

Deen carried ordinarily in the Treasury and

Post Office appropriation bill, but was not

carried in that appropriation bill this year,

» and is therefore proposed to be inceludel in

_ the bill now before us.

* 3 * , Sta ae ow

i ise : a) he‘attecd of it is Siinply to carry the same:

fe. limitation that has been carried for years

. in the appropriation: bills. ,-_—

nr gas * o * *

Its purpose is ‘to continue the ap propria-

tien situation that has existed for yeats, SO

ZUT S04 o_%

° . . . ?

° ‘ i e * Sal

that no eas shrall be paid fof reentist-

»- merit in the military and other uniformed

strvices.- ; ° cig

This ‘sittiann art was: adopted by the ‘Senate, with-

_ out recorded opposition, It was sent to are

ence, and in-ereporting the amendment te

on i

House. the House managers described the amend-

ment as {continuing during the’ fiscal year 1038

‘the sts} Aision of the reenlistment gratuity for en-

listed petsonnel of the Army, Navy, Marine Corps,

cit Coast tinard.” 81 Corfe. Rec. 5084. v he -

_ dTouse nereed to the ayehdment and the ‘debate

thereon le monstrates that all concerned vie wed the

propoxd la as differing in na way from the provisions

iM prior Mills whieh suspended the pay inet of the

fanee, 81 Cong. Ree. 5085-4,

mnclusion.is inescapable that Con- .

iat in enacting this arendment For’

of 1938 it had effectively suspended

reenlistiuent alle

Soss-9L. The e

UTOSS believe

the tise val yea

the 3 rovisions of the Act relating te reentistine ont

allowanee. as it had doye in prior: years.

The legislative history alse liscloses that Con-

eress, 1 aflopting the identical provisions ferdhe

Hise | year 1939, Likewfse did not intend to change

the nagure of its prehibition of enlistment allow-

ances, 83 Cutig. Ree. 912, YOTT-9. At is cleav that

Congress deemed the payment of reenlistment al-

lawance as fully a sat for the fiscal years, 1938

,* a . 9 ‘ -

anid 1939 just as if the 1922 Act had been temporar-

itv. repealed’: — a? ,

Finally, it is to be obser ved th. when the second

dette’ ‘iency nieasure for the fiscal year of 1938 was

pending before the House an amendment relating

to reenlistment allowanfces fon the " fistal year of

1939 was offered containing language identical withi

that contained in the, statute here, under. considgya-

tion, A point of order was made against the

amendment’ on the ground that it was legislation.

4 an appropriation bill’ Representative. Wood-

rum of Virginia, who hid charge of the: amend-

ment, admitted that tie point of order was sood,

and the Chair sustained it. 83 Cong: Ree, 8507, It

would seem clear that were the amendment merely a

TN] uur Roc, 5083-4, SOSS-91 2 83 Cong. Rec. 9512, 9677-9.

See the statenmmnt by Re ‘presentative Woodrum, chairman of -

the subcommittee in chi arge of the 1939 measure (p. 9677) :

No reenlistatent allowances have been, paid for the

past 3 fiscal vears in any of the services, and in the

‘abserice of permanent law stopping it, the inhibition

has beens shuttled about in economy bills and appro-,

— priation ‘ills at one time or another. We have not

paid them for 5 years. apd the . latter part of this

caniendment now before the. House is a Senate amend-

ment whieh discontinues for another year the payment

of the reenlistment allowances,

Compare the disctission on. various amendinents offered to

another bill (H.R. 10851, Toth Cong.. 3d Sess. ) seeking to

appropriate sams: for the paymem lof the allowances, . 83

Cong: Rec, 8553-4, 8556-7, 8565-8. These appropriations did —

not survive the passage of the Act. 88 Cong. Rec. 8921. 9IRT,

MGT MTL: of. S. Rept. 2161, Tth Cong., 3d, Sess.

uate. vals

limitation upon the power of accounting officers as

the court below held, and not legislation suspending

prior legislation, a point of order against its inclu-

sion in. an appropri iation bill would not prope rly

have been made, - See House Rules X XI. see;.2.7

By failing to take into ace ount the unmistakable

purpose of the applicalde statutory provisions, the

Court of Claims has imparted to them a meaning

that renders further review. a matter of great im-

portance. We age informed by the Comptroller

General of the United States and by the Wi

partment that as a result of the sdecision bed

there are over 100,000 potential claimants for re-

enlistment allowances aggregating between ter and

fifteen million dollars. And since each claim must

be reduced to judement, under the decision below,

the burden ‘upon,the fede ral courts would be stag>

vering. i °.

Senate Rule XVI also precludes legislation in an appre-

printion act but it does pot appear that any pointeot order

Was P vised in Senate i respect of the. sUspels ton of reenlist-

rhent allowances.

Tn, Brooks vy. Vinited States (decided ‘November. 2, 1939,

— not vet officially reported )ethe United States District Court

for the Eastern District ef New York held. that the several

distriet courts had jurisdiction to entertain such suits, for

reenlistment: allowances, although, on the merits. it ruled

against the chutuant.

The conflict on the merits, while not a basis for-certiorari.

nevertheless foreshadows farther litigation I ith the likeli-

hoot of an ultimate conflict among the circuit In view

of the widespread litigation that may arise, an pa ae

Moreover, the decision of the court below easts

doubt on the effectiveness of a large number of

statutes phrased in appropriation formulae similar

to that ¢ mployed in this ease. It would.seem to hold

that, irrespective of the intent ste ongress to sus-

pend a. prior general statate by forbidding the use.

of appropriated money, such prior statute, unless

specifically suspended or repealed, continues to

create tights against the United States which are

susceptible of judicial ascertainment. ;

Congress frequently has utilized language sub-

stantially similar to that here employed in various

appropriation acts for the purpose of achieving

objectives which might ordiharily be classified as

sirietly legislative in character. «A number ol ret

cent statutes are set faerth in’ Appendix B, infra,

pp. 17-21 and the language of certain of sucli stat-

“utes is set forth in Appendix ©, a he pp. 22- 24,

tion of the presi conflict is saints desirable rather

than to await the developme nt of the ustal conflict among

the circuits. :

‘Tua Ntrauss vv. United Ntates (decided January S. 10; not

vet officially reported), the Court of Claims allowed a retired:

rear admiral called back to active duty to recover active pay.

Mgr the N Navy Department Appropriation Act of Apri

LT. 1YBT. EL 140, 50 Stat. 96. 105, provided that no part of the

sinis appropriated: for pay. ete. “shall -bé available to pany

ective-duty pay and allowances to officers in excess of nine

onthe retired list * * *" atid the claimant was the tenth

“retired officer called to active service. The court, relying spe-

cifically upon its decision in the instant case, held that the

Net of April 27. 1937. did not affect the authorization act

granting active pay to retired officers called to active duty,

aa an |

=a 2 7

~The possible impact of the decision below upon

these statutes is, therefore, an additional consider-

ation pointing té the general importance of this

case, . . ,

2. The decision below ds in substantial. confhet

With applic thle decisions of this Court.

In Belknaps. United States, 150 U.S. 528, the

eliimant was an Indian.age nt, whose compensation

had been fixed by statute at $1800 a vear, Later

appropriation acts, however, appropriated ’ only

#1500 for the office, and he sought \to recover the

difference. ° This Court denied his claim for addi-

tional salary. Cf. U nited States v. V ite, ULS.

N09, 515; Mathews ve United Slater, jest S.

182, 186; Wallace v. United States, 133 . S. 180;

United Siates v. Perry,.50 Fed.743 (&. Ud A. 8th),

appeal dismissed, 145 U.S. 660; 0 nited States ex

rob Gillett vy. Dern, 74 BP. (2d) 4985 (App. De.).,

And this Court has, « ‘onsistentlhy held that the effect

ofa prohibition aug gainst the use of appropriated

funds for a purpose authorized by prior legislation. ,

is to be governed by the intention of Congress: it

may suspend or supersede the prior authorizing

ier if eps so intended. Cnited States

. Mitchell, W9 U.S. 146, 150; Dunw vody v. United

State s, 148 ULS. 578. |

| The intention of Congress in this ease is clear and.

unmistakable. The failure of the Court of Claims ¢

roe vive effect to. such intent brings this case into

substantial conflict with ~ foregoing decisions of

this Court.

» CONCLUSION

It is respéctfully submitted that, for the reasons

- stated, this — for a writ of certiorari should

be auamateaceds

Francis Biwpie,

¢ Solicitor General.

”

Fepruary 1940.

ered

APPENDIX A

beg Act of June 10,1922, ¢ 212, 42 Stat. 625, 629-

630 (US. C., Title 10, sec. 633 i Title 37, sees. 18,

16):

3 1922) an idiom aHowiincee equal to $50,

“+ multiplied by the number of years served im

the enlistment period from which he has last

heen discharged, shall he paid to every hon-

orably sdischarged enlisted man of the first

three grades who reenlists within a period

of three qnonths from the date of his. dis-

a charge, and an enlistinent allowance of $25,

amultiplied by the number of years served in

the enlistment period from which he has last

heen dis¢harged, shall be paid to every hons,

orably discharged enlisteal man of the other

erades: Who reenlists) within a. period of

three anonths from the date of his dis-

gnaree, 7.7?

- See, 10.) Bi

* * * * *

a * Bee laws authorizing au

reenlistment eratuity to enlisted men of

the Navy and Coast Guard are heeeby ve-

-e penled, aud an enlistment allowance: equal

te #O multy lied by the number of years

served in the enlistment period fron which

he has last been discharged, but, not to, ex-

ceed $200, shall be paid. to every honorably

discharged cnlistéd «man of the first. three.

erades Who reenlists within a period of three

- | months from the date of his flise ‘harge; and

-anentlistment allowariee of $25 multiplied by

the number of vears served.in the enlistment

period frown which he has last been dis-*

day ’ o

- SEc. 9. * * On waeae atter July 1,

Sacond

. 15 ——————

charged, but not to.exceed $100, shall be paid

to everv honorably discharged enlisted man

of the other grades who recnlists within a

period of three months from the date of his

discharge. * * *

Public Resolution No, 122, Fume 21, 1988, (*, D4,

o2 Stat. 809, 818:

Sec. 402. For .an additional amount for

salaries and expenses of the Rural Electriti-

cation Administration, fiscal vears: 1938 and

1939, including the same objects and under:

the same conditions specified under this head

in the Talependent Offices: Appropriation’

Art, 1939, including printing and ‘binding,

there is appropriated, out of any money in

=the Treasury not otherwise appropriated,

the sum_of $700,000 : Provided, That no part

of any appropriation contained in this or.

av other Act for the fiseal Year ending June

30, 1939, shall be available for the payment

of enlisdnent allowanee to enlisted men for

reenlistinent within a period of three months

: fron: date of discharge as to reenlistiments.

nade during the fiscal vear ending June 30,

1929, notwithstanding the applicable provi-

sions of sections 9 and 10 of the Aci entitled °

“An Act to readjust the pay and allowances |

of the commissioned and enlisted personnel |

- of the Army,.Navy, Marine Corps, Coast:

— Guard, Coast and Geod<tice Survey, and Pub-

lie Health Service, aprroved June 10, 1922

(37 U.S.C. 13, 16).

Act of Mareh 3,.1983, «. 242. 47 Stat. 1489, 1: 54:

Sec. 18. So umuch of sections 9 and 10 of

the Act entitled An Act to Fe adjust the pay

‘The Actof May 281 1937, ¢. 277. 50 Stat. 213, 232. contains

langunye identical-with that of the proviso to section 402,

“itl Me substitution of “fiseal year efding June 30. 1938"

for “fixéAl vear ending Jime 30, 1939."

= | 16

and “allowances of the commissioned and

sige personnel of- the Army, Navy, Ma-

rine. Corps, Coast Guard, Coast and: Geo-

detic Survey, and Public Health Service.’

appreved June 10, 1922 (U.S. C., title 27,

sees, 13 and 16), as’ provides for the pay-

ment of enlistment allowances to enlisted

men for reenlistment within a period of

three m&iths from date of discharge is here-

by: suspended as to reentistments nade dur-

ing the fiseal vear ending June 30, 194."

: This ‘section was perro in fut force and effect for

the fisea! vears ending June 30. 1985. June 30. T1936. and

June 30. 1937, by Section 24 of the Act of March 28, 1934,

ce. 102, 48 Stat, 509, 5v30 the Act of M: vv 14. 1935. 6. 110, 40

Stat. 2Zi8, 226-4, cuni the Act of June 23, 1936. ¢. 725,49 Stat.

N27. IS37, respective Iv.

vw .

‘APPENDIX B

The following statutes aré illustrative of in-

. be ‘ 6 : < —.

stances where the Congress has undertaken to legis-

- late through the mediun’ of appropriation: Acts:

Act of April 6, 1914, ¢. 52, 38 Stat. 312, 335, See.

5(U.S.C., Title 5, see. 55) (Payment of account-

ants).2 0-8 A

Act of May 10, 1916, ¢. 117, 39 Stat. 66, 120, as.

amended by Act of August 29, 1916, ¢. 417, 39 Stat.

550, DS2 (U. S.C. Title 5 5, sees. 58, 59). ( Prohibi-

tion-of payment of double salaries). ae ;

Rev. Stat. Sec. 1761, as amended by Public Res.

: of June 7, 1924, ¢. 877, 43 Stat. 669 (U.S, C., Title

~S..see. 56) (Prohibition of payment. of salary to

aaconfirmed officials appointed during session of

Congress ). ue Pax AS.

Act of Oct. 22, 1913, 32, 38 Stat. 208, 212

(UlS: C., Title 5, see. 54) “(Prohibition of empiloy-

went of publicity experts). 3 oF

Rev, eis Sec. 1766, as snended by Act of Jani

10, 1921, ¢. 18, 42 Stat. 20, 23 (U.S. C., Title 5...

, 82) (Prohibition of salary paymet nts to de cs

of the United States).

Act of July. 1, 1937, ¢. . 423, 5O Stat. 442, 4460

Act of June 11, 1938, ¢. 347, 52- Stat. 642. 646

(limiting employment of aliens in nulitary activi-

ties). e

Act of June 16, 1937, « C, 359, 0) Stat. 261, 26D,

Act of April 27, 1938, ¢. B80, 52 Stat. 248, 251 (limit-

ing employment of aliens in American missions

abroad), us

: (17) k e

Act. of May 23, 1938, ¢. 259, 52 Sfat410, 435, Act of |

June 25, 1938,-¢. 681, 52 Stat. 1114. 1162 (linntirtg

compensation of certain alier officers and employees

of the United States). : :

Act of June 29, 1937, ¢. 404,50 Stat. 395, 396. Act

of June 16, 1938, ¢ 464, 52. Stat. $10, 711-712 (pro-

hibition of payment of salary to Department of Ag-

_ ticulture-officials and employees predicting future

prices of cotton), 9. .

Act of April 27, 1938, ¢. 180, 52 Stat. 248, 289,

> Act of March 28, 1988, 6:55, 52 Stat. 120, 148, and

other acts (prohibition of salary payments to offi-

clals Whose nominatian the Senate has’ rejected). ° j

Act of June 16, 1937,°¢, 359, 50 Stat. 261-263, °

Act of April 27, 1988, ¢.180, 52 Stat. 248, 250 (pro-

Libition of salary payments to foreign service offi-

ciaks receiving another, salary from the United

States). | a te yi |

Act of April 27, 1937, e140, 50 Stat: 96, 101.

(prohibition of payments to naval reservists draw- *.

Ing a pension from the United States).

Act of July 1, 1937, ¢. 423, 50 Stat. 442% 462 (pro-

hibition. of payments, ete. to National Guard offi-

cers or nen drawing a Unitéd States pension),

Act of Tuky 1, 1937, ¢, 425, 50 Stat. 442, 464 (pro-

ibition of payments, ete, to members of the Or. -

vonized Reserves drawing pensions), As

Net of April, y+ 2 1937, & 140, -50 Stat. 96, 115,

Act of July 4.1937, ¢ 423, 50 Stat: 442, 467, and

many other acts (prohibition of payments to offi-,

_clils using time measuring devices in emplovees’

werk,-ete.), , . _ . a ie

Act of June 28, 1937... 396,50 Stat. 329, 344”

tSocial Security. Board experts or attorneys receiv-

Genel

& 4

sind

‘GS

SALI RAEN cM dobar gos,

ing more than #5.000 annual salary to be confirmed

by Senate). . ee

Act.of April 27, 193 . 180, 52 Stat. 248, 269

(De partinent of Justice preneiem to. be aeitaitted

to the bar). . ; : |

Act of April 27, 1938, ¢. 180, 52 Stat. 248, 264

(prohibition of salary payinents to probation offi-

‘cers whose work falls below standards set by .

Attormey General, ete.).

Act of June 16,1937, -e. . 359, 50 Stat. 261, 278

{conciliation ‘commissioners to ‘be paid énly one

_ fee per case, ind only after final disposition of the

Case ).

Act of June 16, 1937, ¢. 359, 50° Stat. 261, 300, a

Act ef April 27, 1938, ¢2 180, 52 Stat. 248,: 286-287

(Secretary of Labor to expend Jess than authorize d

by existing law for enforcement of contract labor-

ersaet). 9, , 2

Act. of June 39, 1937, 403, 50 Stat. 359,363

( District of Columbia to Sneed legal adve ‘rtisements

loss axtensively than required By ex a |

Net of April 27, 1937,-¢. 140, 50 Stat. 96, 107

(limiting the muniber of midshipmien at the Naval:

“Academy to 2 number less thi in required by exist-

ing law). ° e

Net of Tully 1, 1987, ¢, 423,50 Stat, 442, 464, (Mnit-

ing active duty of Army reserve officers).

Act’ of April 27, 1988, e. 180, 52 Stat. 248, 269

.(initing. payment of witness, jurst, a bailiff

fees), ue

Act of April-27, 19: 38. ¢. 180, 52 Stat. 248, 268

(only one withess fee to he P pant). |

Act of April 27,\1938, ¢. 180, 52 Stat. 248, 268 -

(bailiffs only to be paid for work per forme “d whe n

marghals unavailable). - a atl ae ae

‘

Act’ of July 1, 1937, ¢. 423; 50 Stat. 442, 446, Act

of June-11, 1938, ¢. DAT, 52 Stat. 642, 646 (no

pavments to retired Army officers connected with

athe sale of supplies to Army).

- Act of July 1, 1987,°4. 423, 50 Stat. 442, 447, Act

of Junie 11, 1938. 6. 347, 52 Stat. 642, 646 (fio pay-

ments to Army officers or inen.convected with mili- ’

tary journals-accepting paid advertising of fdas _

dealing with ys! ar Department).

— Aet of July 3, 1930, ¢. 848, 46 Stat. 949, ‘966, Act

of February 2 1931, ¢. 282, 48 Stat. 1376, 1391-

1392 (no payments to cable school officials solicit-

ine. funds without oom oe from pupils).

Act of May 23, 1938, , 959; “52 Stat. 410, 427

(no payments to Tasiff C omission members inter-

ested in proceedings in whieh thes participate).

Act of June 14, 1935, 6, 241. 49 Stat. 841, 356

(no payments to Distriet of Columbia teachers

teaching or advecating communism).

Act fof Mune 29. 1937, «. 4Q1, 50 Stat. 352, 355,

~ Net of June 21, 1938, e, 554,52 Stat. 809, 813, See.

14 (no payments to relief officials participating in -

state or local elections).

Act of April 4, 1988, ¢, 62, 52 Stat. 156, 166; 171

(ne payments son District of Columbia contracts

not awarded to the lowest bidder, ete). =

Actof May 25, 1939, e. 149, Public No. 90, 76th

~ Cong., Ist Sess. p..7 Cimiting aumber of inst rtte-

tors in the 2 Navel Academy).

Act of June 16, 1939, ¢, 208, Public No. 130, wth

Cong., Ist: Sess. p. 11 (requiring members of the

Capito! Police Force to meet prescribed standards ).

Act of June 29, 1939, ¢, 248, Public No. 156, 76th

Cong.. Ist Sess.. p. 20 (requiring: probation officers

_t? meet certain prescribed standards}. 6

| -

Bn 3a Si Bye oe SOS oe a - ey

wig ah Sa ie Bee RA Ss Seed A Ss A ee nn AR,

Act.of July 15 19: 39, ¢, 281, Public No. 176, 76th

Cong., Ist ania: th 6 (imiting legal advertisements

of the District of Columbia “notwithstanding” the

requirement, that such’ advertising ‘provided by

existing law’*). |

Revised Statutes, section 5266 (U.S. C., Title :

47, sec. 3) (no payments to any telegraph company

neglecting or refusing to accord preference "

Government telegrams).

»eAct of February 24, aii , 187, 30 ‘Stat. 846,

84, see U.S. C., Title 5, see. 7 (for bidding use. of:

recording Clocks for arding time of Government

employees).

< - APRENDIX C

Certain of the — listed in h Apes B.

provide as follows | “—

(U.S. C.,.Title 5, seé. 54) :

No money appropriated by thei Or any |.

. other, Act shall be used-for the compensation

: of any publicity expert unless specifically ap-7

| ’ piropriated for that purpose,

3 (ULS. C., Bitle 5, see. 55) :

SEC. De, That “no part, of any money ap-

propria: itedein this or any other Act shall be

ee. used for compensation or payment of .ex-

se penses of necommiants er other experts in in-

-aueurating new or changing old methods of

ii transacting the business of the United States

: or the District of Columbia unless authgrity

for euploynient of such services er payment

of such expenses is stated in specific terms in

the Act making provision therefor and the

- vate of. compe nsation for such services or ex-

penses' is specifieally. tixed therein, or be

used« for compensation of oreexpenses for

persons, aiding or assisting such accountants

or ether experts, Unless the rate of compen-

sation of or expenses foresueli assistants Ty

tixed by officers or emplovees of the Caited

States or Pistriet df Columbia having au-

thotity todo so, and such rates of*compensa-

» tion orjexpenses so fixed shall be paid only

to the _ person so emploved.

ly 7 Se: oe (22)

-o

Act

; : 23. *%

of June 29, 1937, ¢. 403, 50 Stat. 359, 363:

For general advertising, aythor ized and re-

quired | by law, and for tax ahd school notices

and notices of e hanges i in regulations, $7,000 :

Provided, That this appropriation shall not

be available for the payment of advertising

in newspapers published outsidé of the Dts-

‘ triet of Columbia, notwithstanding the re-

quirement for such ady ertising provided by

existing law... :

- For advertising notice of taxes in arrears

July 1, 1937,.as required to be given by ‘the »

Act of "February 28, 1898, as amended, to be

reimbursed by a charge of 50 cents fér ec ach

Jot or piece of property advertised, $5,500:

Sa ided, That this appropriation shall not

available for the payment of .advertising

the delinquent tax list for more than once a

Act

week for two weeks in the regular issue of

ohe.smorning or oneevening newspaper pub-

lished in the District of 4 ‘olumbia, notwith-

- standing the pfovisions of existing law.

*-* * Provided, That hereafter no part of

any appropriation’ for ‘the public schools

shall be available for the payment of the

salary of any person teaching or advocating

( ommunism.

of June 16, 1938, ¢. 464, 52 Stat. 710, iH:

* * * Provided further, That no part of

the funds appropriated by this: Act shall be

used for the paynient of any officer or em-

ployee: of the Department of Agriculture

who, as. such officer or employee, or on be-

half of, the Department-or any division, com-

mission, or bureau ther eof, issues, OY CAUSES .-

to be issued, any prediction, oral or,written,

or forécAst with respect to future prices of

cotton or the trend of s same: dota iets

2 .

Act of July 1, 1937, 428, 50 Stat. 442, 446:

*. No payment shall be made from money ap-

propriated in. this Act to any officer on the »

retired list of the Ammy-who, for himself or |

for others, is engaged in the selling of, con-

tracting for the sale of, or negotiating for

‘the sale of, to. the Army or the War Depart-

. . ment, any war-materials or supplies:

Act of April 27, 1937, ¢. 140, 50 Stat. 96, 107« ,

«-* * Provided further, That no part of

this«appropriation shall be available for the

pay of any midskipmen whose admission sub-

sequent to January: 90, 1937, would result in

exceeding at any time an allowance of four

widshipmen fer each Senator, Representa- -

tive, and Delegate in Congress’ of one ‘mid-

shipman for Riferto’ Rico, a hative’ of the

island. appointed on nomination of the Gov:

- ernor, and of four midshipmen from Puerto

, Rico, appointed on nomination of the Resi-

dent Commissioner ; and of four midshipmen

from the ‘District of Columbia: TT a!

Act of May 23, 1938. ¢. 259, 32 Stat, 410, 427:

+ * * Provided further, That 20 part of

this appropriation chall be used to pay the

salary of any member of the Tariff Commis-

-sion who shall hereafter participate In any

proceedings under Sections 336, 387, and 338

of the Tariff Act of 1930. wherein he or any

member of his family has any special, direct,

and pecuniary interest, or in which he has

acted as attorney or special representative.

U.S. GOVERNMENT PRINTING OFFICE: 1940

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