# Petition for Writ of Certiorari — United States v. Dickerson > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386401_0293%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for Writ of Certiorari - **Published:** January 1, 1940 - **Citation:** 310 U.S. 554 ## Text a. a ete neal ot pee t erties PER RE EL Oe id : te 2 REE oi: e . cretysdadti- +t MOM Sowser - “e & . - by ‘ ; ee ° . . e ° os . = # o « : ye. © j a] ~at f j - * : j : »* Pr 7 2 . ° ~ 8 Rune No. “a. 2 | 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 Be 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) 16 16 23 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 f a 2 . LY) 9 a -— 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 a 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 ; * ae _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 n . ’ ti. sur Na Bia Wig. pb ia pagans = Seuaatie Pear Aber ty ; RE EEE ARON BP . e . é WhAapibgawetialints,¢ ee teh Fee eT PEA ct Pe Oe - gil Nase ee SR RT ARE, Sy Pe De IEG ate \ | 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- > 9 6 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. ° 1) 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 t *. a ,* 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 - il . 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. A3 » 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 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 S 4 a Rx 3 4 = a $ = sind 21 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). ~ * é < - APRENDIX C Certain of the — listed in h Apes B. provide as follows | “— Act of October 998 1913, ©. 22, 38 Stat. 208, 212 (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, eS Act of April 6, 1914, ©. 52, 38: Stat. B12, Jo0 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. of Jmre 14,1935, © 241, 49 Stat. 341, 356: *-* * 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 Pe -* 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« , a «-* * 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386401_0293%3A2. Public record. Not legal advice.