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"Puerto Rico, an island possession, like a territory, is an agency of the federal government, having no independent sovereignty comparable to that of a state in virtue of which taxes may be levied. Authority to tax must be derived from the United States. But like a state, though for a different reason, such an agency may not tax a federal instrumentality. A state, though a sovereign, is precluded from so doing because the Constitution requires that there be no interference by a state

with the powers granted to the federal government.
A territory or a possession may not do so because
the dependency may not tax its sovereign. True the
Congress may consent to such taxation; but the grant
to the Island of a general power to tax should not
be construed as a consent. Nothing less than an act
of Congress clearly and explicitly conferring the
privilege will suffice." (Domenech v. National
City Bank, 294 U.S. 199, 204-205, Feb. 4, 1935.)

1917, Mar. 3. Receiving salary from source other than the United States./

That on and after July first, nineteen hundred and nineteen, no Government official or employee shall receive any salary in connection with his services as such an official or employee from any source other than the Government of the United States, except as may be contributed out of the treasury of any State, county, or municipality, and no person, association, or corporation shall make any contribution to, or in any way supplement the salary of, any Government official or employee for the services performed by him for the Government of the United States. Any person violating any of the terms of this proviso shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $1,000 or imprisonment for not less than six months, or by both such fine and imprisonment as the court may determine.--(39 Stat. 1106, ch. 163.)

EDITORIAL NOTE

This provision is embodied in the U.S. Code as sec. 66 of title 5.

CROSS REFERENCES

Interested persons acting as agents of the Government: see the Criminal Code, act of Mar. 4, 1909, ch. 321, sec. 41, 35 Stat. 1097.

Member of Congress, etc., receiving pay for services before courts-martial, bureaus, etc.: see the Criminal Code, act of Mar. 4, 1909, ch. 321, sec. 113, 35 Stat. 1109, as amended.

Member of Congress, etc., taking consideration for procuring contract, etc.: see the Criminal Code, act of Mar. 4, 1909, ch. 321, sec. 112, 35 Stat. 1108-1109.

Restrictions upon payments to officers employed by contractors: see act of June 10, 1896, ch. 399, 29 Stat. 361, as amended.

CASE NOTES

The

In general.- "This provision, it will be observed, is penal, and the law is well settled that (to paraphrase the language of Lord Coke) Acts of Congress are to be so construed as no man that is innocent or free from injury or wrong be, by a literal construction, punished or endangered. object of the provision in the Act of March 3, 1917 (ch. 163), was that no Government official or employee should serve two masters to the prejudice of his unbiased devotion to the interests of the United States." (33 Op. Atty. Gen. 273, 275, Aug. 10, 1922. See also: 38 Op.Atty. Gen. 294, 296-297, Sept. 28, 1935; 40 Op. Atty. Gen., No. 42, Mar. 31, 1942; 16 Comp. Gen. 127, 128-129, Aug. 6, 1936.)

Scope and operation of statute. The employment of a person who is secretary of the Southwest Coal Bureau, at a salary of one dollar a year as a field representative of the Geological Survey for the purpose of collecting weekly reports of coal production, etc., would cause a violation of this statute, for the reason that the salary received by him from the Southwest Coal Bureau would, to some extent at least, be received and paid in connection with services performed by him for the Government. (31 Op. Atty. Gen. 470, June 16, 1919. See also 38 Op.Atty. Gen. 294, 297, Sept. 28, 1935.)

A proposed arrangement by which business organizations assume the payment of the transportation expenses and hotel bills of agents of the Department of Commerce when such agents are sent to address these organizations on the work carried on by the Department through its division of Simplified Practice would not involve a violation of this statute. (33 Op. Atty. Gen. 273, Aug. 10, 1922. Contra: 26 Comp. Dec. 43, July 16, 1919. See also 2 Comp. Gen. 775, 776, May 23, 1923.)

There is no legal objection "to the granting of leave with pay by the Massachusetts Institute of Technology or other universities to faculty members rendering consulting services to the United States." (39 Op. Atty. Gen. 501, 503, Oct. 4, 1940, citing 38 Op. Atty. Gen. 294, Sept. 28, 1935.)

"From your letter it appears that the duties of such an officer assigned to maintain liaison between the War Department and a private_corporation of which he is an officer and stockholder would be (1) to ascertain the needs of the Government and the facilities of his corporation to fill those needs, and (2) to advise both the Government and his corporation with respect to the advantages and desirability of a contract between them for the supplying of those needs. For performing virtually the self-same services he would receive compensation from both the Government and the corporation. This would seem to be in direct conflict with this statute. (40 Op. Atty. Gen., No. 42, Mar. 31, 1942.)

"The statute clearly covers a salary received from a private person or source if it is paid or received as compensation or part compensation for the services rendered to the Government. It has also been held to apply if the officer or employee renders the same or similar services to both the Government and a private person (33 Op. A. G. 273). It does not, however, prohibit payment for services rendered exclusively to private persons or organizations and which have no connection with the services rendered to the Government. This distinction has been pointed out by my predecessors (38 Op. Atty. Gen. 294; 39 id. 501)." (40 Op. Atty. Gen., No. 47, Apr. 27, 1942.

"There is known no law or regulation prohibiting payment of the compensation of a Federal position to the incumbent thereof for a period of authorized annual leave of absence with pay solely

because the employee during such period worked for,
and received compensation from, a private employer,
even though the private employer was engaged on
work under a contract with the Government, provided
the salary in the private employment does not con-
stitute a contribution toward the Federal salary in
contravention of the act of March 3, 1917, 39 Stat.
1106 (5 U.S. C. 66)." (20 Comp. Gen. 488, 489, Feb.
27, 1941. See also 22 Comp. Gen. 178, 179, Sept. 3, 1942.)

A civilian instructor at the Naval Academy may serve as an instructor at the Department of Agriculture Graduate School (a school established by the

Secretary of Agriculture with the approval of une
President and the Civil Service Commission for th
training of Government employees) and may receive
extra compensation (to be paid out of tuition paid
by students of the school) for his services, with-
but violating this statute. (File LK9/P16-1 (390811),
Sept. 14, 1939.)

Effect of subsequent legislation. This statute was not repealed by the Second War Powers Act, 1942, ch. 199, title XI, sec. 1101, 56 Stat. 183. (40 Op. Atty. Gen., No. 62, Mar. 13, 1943.)

/1917, Mar. 4. Examination on foreign station of candidates for appointment, promotion, and retirement./ That hereafter the Secretary of the Navy may authorize the senior officer present, or other commanding officer, on a foreign station to order boards of medical examiners, examining boards, and retiring boards for the examination of such candidates for appointment, promotion, and retirement in the Navy and Marine Corps as may be serving in such officer's command and may be directed to appear before any such board.--(39 Stat. 1171, ch. 180.)

EDITORIAL NOTE

This paragraph is embodied in the U. S. Code as sec. 233 of title 34.

/1917, Mar. 4. Deposit of proceeds of sales of material and the rental of property at the Naval Home.

That all moneys derived from the sale of material at the Naval Home, which was originally purchased from moneys appropriated from the income from the naval pension fund, and all moneys derived from the rental of Naval Home property, shall hereafter be turned into the naval pension fund.--(39 Stat. 1175, ch. 180.)

EDITORIAL NOTES

This provision is embodied in the U. S. Code as sec. 24 of title 24.

Similar provisions, but without the word "hereafter", were contained in the following naval appropriation acts: act of June 30, 1914, ch. 130, 38 Stat. 392, 398; act of Mar. 3, 1915, ch. 83, 38 Stat. 928, 934; and act of Aug. 29, 1916, ch: 417, 39 Stat. 556, 563.

The Naval Pension Fund was abolished by act of June 26, 1934, ch. 756, sec. 9, 48 Stat. 1229. Sec. 9 reads as follows:

"Sec. 9. Effective July 1, 1935, (a) the Naval Pension Fund (7t982) is abolished, any unobligated balance therein, as of that date, shall be covered into the surplus fund of the Treasury, and interest on such fund shall cease; (b) moneys thereto fore required by law to be paid into such fund shall be deposited into the Treasury of the United States as miscellaneous receipts; and (c) commencing with the fiscal year 1936 annual appropriations in such amounts as may be necessary are authorized from the general fund of the Treasury for the maintenance, operation, and improvement of the Naval Home."

/1917, Mar. 4. Advances of funds to officers ordered to or from sea duty or shore duty beyond the seas./ Hereafter advances of pay not to exceed three months pay in any one case may be made to officers ordered to and from sea duty and to and from shore duty beyond the seas, under such regulations as the Secretary of the Navy may prescribe.--(39 Stat. 1181-1182, ch. 180.)

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1917, Mar. 4. Appointment of midshipmen from enlisted men.7

Hereafter, in addition to the appointment of midshipmen to the United States Naval Academy, as now prescribed by law, the Secretary of the Navy is allowed one hundred appointments annually, instead of twenty-five as now prescribed by law, to be appointed from the enlisted men of the Navy who are citizens of the United States, and not more than twenty years of age on the date of entrance to the Naval Academy, and who shall have served not less than one year as enlisted men on the date of entrance: Provided, That such appointments shall be made in the order of merit from candidates who have, in competition with each other, passed the mental examination now or hereafter required by law for entrance to the Naval Academy, and who passed the physical examination before entrance under existing laws.--(39 Stat. 1182, ch. 180.)

EDITORIAL NOTES

This paragraph was superseded, in part, by an act of May 14, 1918, ch. 73, 40 Stat. 550, which fixed the age limits for admission to the Naval Academy. The act of May 14, 1918, supra, as amended by act of Feb. 26, 1927, ch. 218, 44 Stat. 1248, was superseded and repealed by an act of Sept. 24, 1940, ch. 729, 54 Stat. 959.

This paragraph, as amended, is embodied in the U.S. Code as sec. 1042 of title 34.

This paragraph superseded a paragraph of an act of June 30, 1914, ch. 130, 38 Stat. 392, 410, as amended by a provision of an act of Aug. 29, 1916, ch. 417, 39 Stat. 556, 576.

The following provision was included in the Naval Appropriation Act, 1945, approved June 22, 1944, ch. 269, 58 Stat. 301, 308: "That during the present emergency qualified enlisted men of the Navy, Naval Reserve, and Marine Corps may be appointed to the Naval Academy after nine months of service". An identical provision was included in an act of June 26, 1943, ch. 147, 57 Stat. 197, 204.

CROSS REFERENCES

Age limits for admission to the Naval Academy: see act of Sept. 24, 1940, ch. 729, 54 Stat. 959.

Authorized number of midshipmen: see act of Dec. 20, 1917, ch. 5, 40 Stat. 430, as amended.

1917, Mar. 4. Forging, etc., discharge certificates.7

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Competitive examinations. - An enlisted man successfully passed the competitive examination for the Naval Academy and entered the Naval Academy in 1920. Subsequently he resigned and again enlisted in the Navy. While serving under such enlistment he requested permission to enter the Naval Academy from the enlisted personnel of the Navy without being required to pass a second examination provided for by this statute. Held, that such enlisted man could be appointed to the Naval Academy only after passing the examination required by this statute for original appointments of enlisted men thereto. (File 5252-202, Aug. 3, 1921, C. M. O. 8-1921, p. 17.)

A candidate for midshipman from the enlisted personnel of the Navy who passes the competitive examination provided for by this statute in any year and fails to enter that year on account of physical disqualification may not be appointed the following year without again taking the competitive examination. (File 5252-285 J: AC, Sept. 16, 1925, C. M. O. 9-1925, p. 25.)

Whoever shall forge, counterfeit, or falsely alter any certificate of discharge from the military or naval service of the United States, or shall in any manner aid or assist in forging, counterfeiting, or falsely altering any such certificate, or shall use, unlawfully have in his possession, exhibit, or cause to be used or exhibited, any such forged, counterfeited, or falsely altered certificate, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not more than $1,000 or imprisoned not more than one year, or both, in the discretion of the court.--(39 Stat. 1182, ch. 180.)

EDITORIAL NOTE

This provision is embodied in the U. S. Code

as sec. 136 of title 18.

1917, Mar. 4. Rank of assistant civil engineers.7

Officers of the Corps of Civil Engineers hereafter appointed shall, from the date of their original appointment, take rank and precedence with Lieutenants (junior grade).--(39 Stat. 1184, ch. 180.)

EDITORIAL NOTE

This provision is embodied in the U. S. Code

as sec. 256 of title 34.

CROSS REFERENCE

Rank, etc., of officers transferred from line to staff corps: see act of June 10, 1926, ch. 529, sec. 7, 44 Stat. 720.

1917, Mar. 4. Exchange of worn-out sewing machines, etc.7

That hereafter worn-out sewing machines, machinery, rubber tires, and band instruments may be exchanged in part payment for the purchase of like articles.--(39 Stat. 1189, ch. 180.)

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1917, Mar. 4. Pay and allowances of enlisted men on clerical duty in Marine Corps headquarters7 That hereafter no part of the pay and allowances authorized for enlisted men detailed as clerks and messengers in the office of the Major General Commandant and the several staff offices shall be forfeited when granted furlough for not exceeding thirty days in each calendar year.--(39 Stat. 1191, ch. 180.)

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1917, Mar. 4. Suspension of provisions of law prohibiting work in excess of eight hours per day. That in case of national emergency the President is authorized to suspend provisions of law prohibiting more than eight hours labor in any one day of persons engaged upon work covered by contracts with the United States: Provided further, That the wages of persons employed upon such contracts shall be computed on a basic day rate of eight hours work, with overtime rates to be paid for at not less than time and onehalf for all hours work in excess of eight hours.--(39 Stat. 1192, ch. 180.)

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"In my judgment it is clear that the 'persons' referred to in the proviso are the same 'persons' referred to in the earlier part of the enactment as falling within the provisions of the various acts of Congress, to the effect that no laborer or mechanic shall be required or permitted to work more than eight hours in any one calendar day upon work contemplated by any contract to which the United States is a party, e.g., act of June 19, 1912 (37 Stat. 137). The purpose of the enactments was to suspend the provisions of law relating to such 'persons,' and to substitute for these provisions as to such 'persons, and, in so far as the law applied to them, overtime pay for work in excess of eight hours." (31 Op. Atty. Gen. 144, 145, July 20, 1917.)

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1917, Mar. 4. Procurement of ships and material in time of war; changes in contracts; commandeering factories, etc./

That the word "person" as used in paragraphs (b), (c), next hereafter shall include any individual, trustee, firm, association, company, or corporation. The word "ship" shall include any boat, vessel, submarine, or any form of aircraft, and the parts thereof. The words "war material" shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and everything required for or in connection with the production thereof. The word "factory" shall include any factory, workshop, engine works, building used for manufacture, assembling, construction, or any process, and any shipyard or dockyard. The words "United States shall include the Canal Zone and all territory and waters, continental and insular, subject to the jurisdiction of the United States.

(b) That in time of war ✶✶✶ the President is hereby authorized and empowered, in addition to all other existing provisions of law:

First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Second. Within the limit of the amounts appropriated therefor, to modify or cancel any existing contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President.

Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory.

(d) That whenever the United States shall cancel or modify any contract, make use of, assume, occupy, requisition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of paragraph (b), it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code.--(39 Stat. 1192-1193, ch. 180.)

EDITORIAL NOTES

The above provisions were not included in the 1925 edition of the U. S. Code. However, they were included in the first supplement thereto, and in the later editions of the Code, as sec. 82 of title 50.

The first supplement to the 1925 edition of the Code was the subject of an act of May 29, 1928, ch. 911, 45 Stat. 1008. The following note appears in the first supplement, below sec. 82 of title 50: "This section constitutes a part of the Naval Appropriation Act of Mar. 4, 1917, c. 180, 39 Stat. 1192. It was omitted from the Code as having ceased to be in effect after March 1, 1918, but it appears to be permanent legislation."

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Other provisions for procurement of ships and material, cancellation of contracts, etc., were contained in an act of June 15, 1917, ch. 29, 40 Stat. 182-183, which in terms was to expire six months after a treaty of peace proclaimed between this Government and the German Empire. Said provisions were amended by act of Apr. 22, 1918, ch. 62, 40 Stat. 535, and act of Nov. 4, 1918, ch. 201, 40 Stat. 1020, 1022. They were repealed by the Merchant Marine Act, 1920, approved June 5, 1920, ch. 250, sec. 2, 41 Stat. 988-989. They were construed by the courts in the following cases: Russel Motor Car Company v. United States, 261 U.S. 514, Apr. 9, 1923; College Point Boat Corporation v. United States, 267 U.S. 12, Jan. 19, 1925; Barrett Company v. United States, 273 U.S. 227, Feb. 21, 1927; DeLaval Steam Turbine Co. v. United States, 284 U.S. 61, Nov. 23, 1931; Meyer Scale & Hardware Company v. United States, 57 Ct. Cls. 26, Jan. 9, 1922; New York & Porto Rico Steamship Company v. United States, 58 Ct. Cls. 652, Oct. 29, 1923; Atlantic Refining Co. v. United States, 59 Ct. Cls. 108, Jan. 14, 1924; Todd Dry Dock & Construction Corps. v. Sumner Iron Works, 289 F. 217, May 7, 1923, cert.den., 263 U.S. 700, Oct. 8, 1923; Harrisburg Pipe & Pipe Bending Co. v. United States, 67 Ct. Cls. 138, Mar. 11, 1929.

Other provisions on this subject, but limited to the then existing war, were contained in an act of July 1, 1918, ch. 114, 40 Stat. 704, 719-720. In this connection, see the Congressional Record, vol. 56, p. 5365.

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