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SATURDAY HALF HOLIDAYS

An act providing for Saturday half holidays for certain Government employees. (Act March 3, 1931, ch. 396, 46 Stat. 1482)

[Four hours a day's work on Saturdays-Field employees excludedWhen employees can not be spared equal shortening of some other day provided for.]-That on and after the effective date of this act four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays throughout the year, with pay or earnings for the day the same as on other days when full time is worked, for all civil employees of the Federal Government and the District of Columbia, exclusive of employees of the Postal Service, employees of the Panama Canal on the Isthmus, and employees of the Interior Department in the field, whether on the hourly, per diem, per annum, piecework, or other basis: Provided, That in all cases where for special public reasons, to be determined by the head of the department or establishment having supervision or control of such employees, the services of such employees can not be spared, such employees shall be entitled to an equal shortening of the workday on some other day: Provided further, That the provisions of this Act shall not deprive employees of any leave or holidays with pay to which they may now be entitled under existing laws.

Textual note.-Above act is codified as section 26a, title 5, United States Code.

NOTE

Status of field employees.-In decision A-35758, March 20, 1931, the Comptroller General held that the above act does not repeal Executive Order No. 4644 dated May 9, 1927 (published at page 66 of the Manual), and that employees who were expressly excluded from the purview of the act would remain in the same status that they were in prior to the passage of the act with respect to Saturday half holidays. (10 Comp. Gen. 424.)

By Departmental Order 517 dated June 16, 1931, the year-round Saturday half holidays were extended to certain field employees of the Bureau of Reclamation. (C. L. 1960.)

Sick leave on Saturday.-In opinion of March 17, 1931, the Acting Attorney General considered the act of March 3, 1931, granting Saturday half holidays to Government employees as requiring a full day to be charged in computing sick leave.

WAGES FOR LABORERS AND MECHANICS EMPLOYED ON PUBLIC BUILDINGS

An act relating to the rate of wages for laborers and mechanics employed on public buildings of the United States and the District of Columbia by contractors and subcontractors, and for other purposes. (Act March 3, 1931, ch. 411, 46 Stat. 1494)

SEC. 1. [Rate of wage in contracts exceeding $5,000 to be not less than prevailing rate for work of similar nature in town in which public buildings are located.]-That every contract in excess of $5,000 in amount, to which the United States or the District of Columbia is a party, which requires or involves the employment of laborers or mechanics in the construction, alteration, and/or repair of any public buildings of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, shall contain a provision to the effect that the rate of wage for all laborers and mechanics employed by the contractor or any subcontractor on the public buildings covered by the contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village, or other civil division of the State in which the public buildings are located, or in the District of Columbia if the public buildings are located there, and a further provision that in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature applicable to the contract which can not be adjusted by the contracting officer, the matter shall be referred to the Secretary of Labor for determination and his decision thereon shall be conclusive on all parties to the contract: Provided, That in case of national emergency the President is authorized to suspend the provisions of this Act.

SEC. 2. [Effective date of act.]-This act shall take effect thirty days after its passage but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the passage of this act.

Textual note.-Section 1 is codified as section 276a, title 40, United States Code.

NOTES

Temporary public buildings. By decision A-36055 dated April 10, 1931, the Comptroller General in construing this act in connection with the Boulder Canyon project act held that the act is applicable to public buildings (for administration and other purposes for use during the construction period) whether of a permanent or a temporary character, if contract for the buildings is to be in excess of $5,000 in amount. (10 Comp. Gen. 461.)

See notes under section 9 of the Boulder Canyon project act entitled "Wage scales."

CONTRACT WITH RIO GRANDE PROJECT

Joint resolution relating to the authority of the Secretary of the Interior to enter into a contract with the Rio Grande project. (Pub. Res. March 3, 1931, ch. 450, 46 Sta. 1515)

[Contract may be entered into with districts, in accordance with adjustment act, and notwithstanding act of May 28, 1928.]-That nothing contained in the act approved May 28, 1928 (45 Stat. 785), entitled "An act extending the time of construction payments on the Rio Grande Federal irrigation project, New Mexico-Texas," shall be construed to deny authority to the Secretary of the Interior to enter into a contract with the Elephant Butte irrigation district of New Mexico and/or El Paso County Water Improvement District Numbered 1, of Texas, in accordance with the provisions of the act approved May 25, 1926 (44 Stat. 636), and/or the act approved December 5, 1924 (43 Stat. 672).

473

88508-37-31

FIVE MILLION DOLLAR ADVANCE TO RECLAMATION FUND

An act to authorize advances to the reclamation fund, and for other purposes.
March 3, 1931, ch. 435, 46 Stat. 1507)

(Act

[Sec. 1. Advance authorized from Treasury upon request of Secretary and approval of President, for projects already under way.]-That the Secretary of the Treasury is authorized, upon request of the Secretary of the Interior and upon approval of the President, to transfer from time to time to the credit of the reclamation fund created by the Act of June 17, 1902 (32 Stat. L. 388), such sum or sums, not exceeding in the aggregate $5,000,000, as the Secretary of the Interior may deem necessary for the construction and operation of reclamation projects authorized under said act of June 17, 1902, and now under way, and acts amendatory thereof or supplementary thereto.

Textual note.-Codified as section 391a, title 43, U. S. C., with the omission of the introductory word "That", and the words "the act of June 17, 1902 (32 Stat. L. 388)", changed to "section 391 of this title."

NOTE

Pursuant to section 1 of the act of March 3, 1931 (46 Stat. 1507), an appropriation of $5,000,000 was made by the Second Deficiency Act for fiscal year 1931, dated March 4, 1931 (46 Stat. 1552).

SEC. 2. [Reimbursement of $1,000,000 annually beginning July 1, 1933.] That reimbursement of the moneys so advanced under the provisions of this act shall be made by transfer annually, of the sum of $1,000,000 from the reclamation fund to the general funds in the Treasury, beginning July 1, 1933.

Textual note.-Codified as section 391b, title 43, U. S. C., with the omission of the introductory "That", and the words "this act" changed to "section 391a of this title." A note added states that this section has been amended by section 402, title 43, U. S. C.

NOTE

Amendments.-Section 2 was amended by section 10 of the Act of April 1, 1932 (47 Stat. 78), so as to provide for repayment beginning July 1, 1934. Section 10 of the act of April 1, 1932, is amended by section 2 of the act of March 3, 1933, extending the commencement of repayment to July 1, 1936. A further postponement to July 1, 1938, was granted by the act of June 22, 1936.

474

FORECLOSURE OF LIENS UPON REAL ESTATE

An act to permit the United States to be made a party defendant in certain cases. (Act March 4, 1931, ch. 515, 46 Stat. 1528)

SEC. 1. [Foreclosure of mortgage or other lien upon real estateAdjudication.]—That, upon the conditions herein prescribed for the protection of the United States, the consent of the United States be, and it is hereby given, to be named a party in any suit which is now pending or which may hereafter be brought in any United States district court, including those for the districts of Alaska, Hawaii, and Porto Rico, and the Supreme Court of the District of Columbia, and in any State court having jurisdiction of the subject matter, for the foreclosure of a mortgage or other lien upon real estate, for the purpose of securing an adjudication touching any mortgage or other lien the United States may have or claim on the premises involved.

Textual note.-Codified as section 901, title 28, United States Code.

SEC. 2. [Method of service upon United States-Sixty days in which to appear.]-Service upon the United States shall be made by serving the process of the court with a copy of the bill of complaint upon the United States Attorney for the district or division in which the suit has been or may be brought and by sending copies of the process and bill, by registered mail, to the Attorney General of the United States at Washington, District of Columbia. The United States shall have sixty days after service as above provided, or such further time as the court may allow, within which to appear and answer, plead or demur.

Textual note.-Codified as section 902, title 28, United States Code.

SEC. 3. [Removal of suit by United States-Condition upon which removal allowed-Court to which removed may remand it to State court.]-Any such suit brought against the United States in any State court may be removed by the United States to the United States district court for the district in which the suit may be pending. The removal shall be effected in the manner prescribed by section 29 of the Judicial Code (title 28, sec. 72, U. S. C.): Provided, That the petition for removal may be filed at any time before the expiration of thirty days after the time herein or by the court allowed to the United States to answer, and no removal bond shall be required. The court to which the cause is removed may, before judgment, remand it to the State court if it shall appear that there is no real dispute respecting the rights of the United States, or all other parties shall concede of record the claims of the United States.

Textual note.-Codified as section 903, title 28, United States Code.

SEC. 4. [Effect of sale made in pursuance of judgment same as may be provided by law of State in which land is situated-One year in which

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