ABSENCES:

See Leaves of absence; Pay.
ACCOUNTS:

See Disbursing officers and agents; Indian
affairs; Miscellaneous receipts; Set-off.
Decedents, estates of-suggestion by Secre-
tary of Treasury to establish general trust
fund appropriation designated "Effects of
deceased civilian employees, War De-
partment," in which will be deposited
funds and proceeds of sale of personal ef-
fects belonging thereto, in cases in which
no claim filed within reasonable time after
employees' death, instead of in individual
trust fund accounts as now carried on
books of Treasury and of General Ac-
counting Office, approved. Supplemental
account to be kept to reflect actual amount
due each estate..
Freedmen's Hospital-funds appropriated
for, payable one-half from Federal funds
and one-half from District of Columbia
funds; how disbursed and accounted for.
Postmasters-

On and after July 1, 1928, all postmasters
and acting postmasters at direct and
central accounting offices to submit un-
der each bond separate stamp, postal
and money order accounts, and at dis-
trict post offices, separate combined
postal and money order accounts under
each bond..
Postage-stamped paper on hand at close of
first stamp account to be charged in
second account. Balance due United
States on first postal, money order, or
combined accounts to be either depos-
ited or charged in second accounts. Bal-
ances due postmasters on first accounts
to be credited in second accounts......
St. Elizabeths Hospital-individual moneys
of discharged patients which can not be
returned to former patients should be de-
posited in Treasury to credit of special
fund designated as "Unclaimed moneys
of discharged patients, St. Elizabeths
Hospital (special fund)," to be held in
trust for individual patients and to be
available for payment of any claim which
may be hereafter submitted and estab-
lished by them.....

Page

271

613

706

706

ACCOUNTS-Continued.
Special deposit-
Page
Interior Department employees, de-
ceased-where in addition to salary,
there are due estate of deceased, pro-
ceeds of effects left by him at time of
death, balance due estate, after paying
funeral expenses, should be credited to
special fund in Treasury, "Effects of
deceased employees, Interior Depart-
ment," and if no heirs, next of kin, or
creditors known to exist, money to re-
main in Treasury.

World War claims-establishment in
Treasury Department of special fund
account under title "Expenses of ad-
ministration of settlement of war claims
act of 1928"
Trust funds-

Civilian employees, deceased-suggestion
by Secretary of Treasury to establish
general trust fund appropriation desig-
nated "Effects of deceased civilian em-
ployees, War Department," in which
will be deposited funds and proceeds of
sale of personal effects.

Red River oil operations-disposition, un-
der public resolution June 12, 1926, 44
Stat. 740, of funds derived from south
half of Red River in Oklahoma on ac-
count of rentals, bonuses, royalties, etc.,
from lands and deposits..

ADDING MACHINES:

Exchange of old for new-where Govern-
ment departments have on hand adding
machines and similar labor-saving devices,
same may be exchanged in accordance
with section 5, act March 4, 1915, 38 Stat.
1161, but bids thereon shall be requested in
accordance with section 3709, Revised
Statutes, and where cash bid exceeds ex-
change value, same must be accepted and
proceeds covered into Treasury as miscel-
laneous receipts in compliance with sec-
tion 3618, Revised Statutes..

ADJUSTED COMPENSATION:

See Veterans' Bureau.

478

634

271

573

230

ADOPTION:

Brother of Navy officer-rental allowance
not payable as for dependent................
Child of Veterans' Bureau beneficiary who
was rated as permanently and partially
disabled; payment unauthorized to child
or foster parents of disability compensa-
tion otherwise accruing to natural father
in absence of bureau regulations so pro-
viding...

ADVANCE PAYMENTS:

See Payments.

ADVERTISING:
. Bidders-

Debarment-as general rule, no authority
for debarment, and all bids should be
received and given consideration on
equal basis. Procedure when debar-
ment necessary.-
Sole-fact that spare parts relate to par-
ticular make of machinery does not
alone permit purchase from manufac-
turer without advertising. Failure to
advertise must be supported by facts
showing how ascertained that none
other than maker of machinery could
furnish spare parts.

Bids-

Acceptance of highest-ship's service
laundry at submarine base, New Lon-
don, Conn., being operated by civilians
under a lease, the machinery and equip-
ment having been purchased from ap-
propriated funds, constitutes a valuable
privilege which should be let to highest
bidder. All receipts from such leasing
are public funds for deposit to miscella-
neous receipts.....

Acceptance of other than lowest-

Furnace (safe testing)-where compari-
son of lowest bid with other bids sub-
mitted and with estimate of cost pre-
pared by Government showed lowest
bid to be considerably lower than
estimate and highest bid received,
thereby leading contracting officer to
believe mistake had been made, it
was proper to ask low bidder to verify
bid, and such bidder alleging mis-
take, under facts and circumstances,
withdrawal of bid as requested au-
thorized and award may be made to
next higher bidder...

Highway construction-unauthorized,
based on opinion of engineer officer
that bidder lacked experience and
ability and on fact that amount of
bid was considerably lower than en-
gineer's estimate of cost of work.....

Page

6, 343

53

547

282

806

325

ADVERTISING-Continued.

Bids-Continued.

Acceptance of other than lowest-Con.
Repairs to public buildings where funds
apportioned under section 3679, Re-
vised Statutes, as amended by act
February 27, 1906, 34 Stat. 49, for a
given period, are insufficient for mak-
ing repairs to a public building, all
bids submitted during such period of
insufficiency should be rejected and
the work readvertised, or there should
be a reapportionment of the appro-
priation...

Ties, railroad-where under contract
without liquidated-damage provi-
sion, higher bid accepted merely to
secure earlier delivery because of ur-
gent need, but contractor failed to
make delivery within agreed time and
not before time lowest bidder agreed
to deliver, consideration for award to
higher bidder failed, and measure of
actual damages-no other damages
being capable of definite ascertain-
ment-is difference between lowest
bid and amount forming considera-
tion of contract...

Trucks, armored-unauthorized where
lowest priced truck conforms to essen-
tial requirements and will satisfac-
torily meet needs of service; "stock
model" not controlling element as to
acceptance or rejection of bid..
Unauthorized where based merely on
personal opinion as to quality, unsup-
ported by facts, where proposals did
not specify quality required nor state
that question of quality would be
determining factor in acceptance or
rejection of bids..
Combinations to restrain-mail con-
tracts-penalty under section 3950,
Revised Statutes, extends only to can-
cellation of contract and disqualifica-
tion of offending contractor from obtain-
ing future contracts for carrying mails.
Informalities waivers authorized
where in interests of United States,
upon satisfactory explanation, in case
of failure of lowest bidder to submit bid
bond or certified check in required
amount
Purchase without-authorized where ad-
vertising can accomplish no useful pur-
pose, as in purchase of patented or copy-
righted articles.

-

ADVERTISING-Continued.

Bids-Continued.

Rejection-Continued.

Where funds apportioned under sec-
Statutes, as
tion 3679, Revised
amended by act February 27, 1906,
34 Stat. 49, for a given period, are in-
sufficient for making repairs to a pub-
lic building, all bids submitted dur-
ing such period of insufficiency should
be rejected and the work readvertised
or there should be a reapportionment
of the appropriation.............
Required-

Drayage-continuance of contracts for
fiscal year 1927 for drayage service for
post offices during fiscal year 1928,
which contain provisions to effect
that rates specified therein shall be
effective for fiscal year 1927 and there-
after until canceled on 30 days' notice,
is not in accordance with require-
ments of section 3709, Revised Stat-
utes, which contemplates yearly ad-
vertising for proposals for carrying out
object provided in annual appropria-
tion acts when such objects are not to
be performed by Government's own
instrumentalities.

Fact that spare parts relate to particu-
lar make of machinery does not alone
permit purchase from manufacturer
without advertising. Failure to ad-
vertise must be supported by facts
showing how ascertained that none
other than maker of machinery could
furnish spare parts..
Telephones and equipment-standardi-
zation of, is a question of policy defi-
nitely negatived by section 3709,
Revised Statutes, and not open for
administrative consideration unless
there be an exception thereto created
by statute; no purchases may be
made for current needs of Govern-
ment except after advertising......
Where Government departments have
on hand adding machines and similar
labor-saving devices, same may be
exchanged in accordance with section
5, act March 4, 1915, 38 Stat. 1161, but
bids thereon shall be requested in
accordance with section 3709, Revised
Statutes, and where cash bid exceeds
exchange value, same must be ac-
cepted and proceeds covered into
Treasury as miscellaneous receipts in
compliance with section 3618, Re-
vised Statutes...

With reference to purchases hereafter
made by Panama Canal, decision in
1 Comp. Gen. 689 will not be regarded
as authorizing any exception or ex-
emption whatsoever from the re-
quirements of section 3709, Revised
Statutes...

Page

383

48

282

201

230

422

ADVERTISING-Continued.

Bids-Continued.
Withdrawals-
Mistake-

Eggs-where low bidder permitted,
for no apparent reason, to withdraw
its bid after bids opened, and other
bids rejected, and subsequently low
bidder is issued purchase order for
eggs at increased price, Govern-
ment not obligated to pay in excess
of original low bid price...
Furnace (safe testing)-where com-
parison of lowest bid with other
bids submitted and with estimate
of cost prepared by Government
showed lowest bid to be consider-
ably lower than estimate and high-
est bid received, thereby leading
contracting officer to believe mis-
take had been made, it was proper
to ask low bidder to verify bid,
and such bidder alleging mistake,
under facts and circumstances,
withdrawal of bid as requested au-
thorized and award may be made
to next higher bidder....
Kerosene oil-where specifications
provided oil must be packed in
special export cases and that "pro-
posals may be withdrawn only on
written request received by the offi-
cer holding them prior to time fix-
ed for opening same," bidder may
not withdraw bid after bids open-
ed but before award made, on
ground of mistake in figuring price
on basis of commercial instead of
special export cases as specified...
Manufacturers, sole-fact that spare parts
relate to particular make of machinery
does not alone permit purchase from man-
ufacturer without advertising. Failure
to advertise must be supported by facts
showing how ascertained that none other
than maker of machinery could furnish
spare parts...

Page

Newspapers-authority-requirement of
section 3828, Revised Statutes, that ad-
vertising in newspapers may be placed
only pursuant to written authority of
head of department does not require that
he shall personally select the newspaper
or personally authorize publication in
each specific instance, and where subor-
dinate official, to whom authority dele-
gated to place advertisement, directs field
officer by telegram so to do, such order
considered as substantial compliance with
requirements of statute..
Panama Canal-with reference to purchases
hereafter made, decision in 1 Comp. Gen.
689 will not be regarded as authorizing
any exception or exemption whatsoever
from the requirements of section 3709, Re-
vised Statutes..

639

325

514

282

124

422

show killing of veteran by the wife, desig-
nated beneficiary of adjusted compensa-
tion, was in self-defense, can not be ac-
cepted to discredit court proceedings,
wherein wife was indicted, arraigned,
plead guilty to manslaughter, sentenced
to reformatory, and immediately paroled;
wife not entitled to any payments.............
Banks-loans to veterans-affidavit that no
fee or other compensation charged, except
proper interest, in connection with loan
based on adjusted-service certificate, to be
questioned only where record evidence in-
dicates same false or fraudulent or made
under misapprehension of requirements
of law.

Officers-

Act December 11, 1926, 44 Stat. 918-
Applicable to-

Commercial attachés, assistant com-
mercial attachés, trade commis-
sioners, and assistant trade com-
missioners, Department of Com-
merce...

Rural mail carriers..

AGENTS:

See Attorneys; Disbursing officers and agents;
Prohibition, enforcement of.
Government-

Page

383

27

98

582

447

AMERICAN-BRITISH CLAIMS ARBI-
TRATION TRIBUNAL:
Awards-claimant retained to present
claims against Great Britain for violation
of treaty rights and penalties imposed on
fishing vessels of American citizens sub-
sequently appointed United States attor-
ney; claims of fishermen ceased to be
claims against United States with pay-
ment by former of amount of awards into
United States Treasury, and checks in
payment of awards may not be sent in
care of claimant....
ANIMALS:

See Livestock.
APPOINTMENTS:
See Affidavits.

Acceptances, constructive-Foreign Service
officer promoted by commission to higher
class is entitled to increased compensation
from date of formal acceptance of commis-
sion, entrance on duty, or taking oath of
office; if no change in duties involved,
continuance on such duties considered
constructive acceptance of commission
entitling to increased compensation from
date of commission when no later effective
date fixed in commission or in authorized
regulations....

Aids to rear admirals-lieutenant appointed
by rear admiral, lower half, at the time
commandant of naval district, as his
personal aid is not entitled to any addi-
tional pay for so serving unless and until
appointment approved by department;
the additional pay not to commence in
any case prior to date of such approval or
prior to date officer actually assumes
duties as aid.

Effective date-

Foreign Service officer promoted by com-
mission to higher class is entitled to in-
creased compensation from date of
formal acceptance of commission, en-
trance on duty, or taking oath of office;
if no change in duties involved, continu-
ance on such duties considered construc-
tive acceptance of commission entitling
to increased compensation from date of
commission when no later effective date
fixed in commission or in authorized
regulations..
Navy officers (chief warrant)-on original
appointment in regular Navy, unless
express provision to contrary, for pay
purposes, computation of longevity,
etc., actual commissioned service does
not begin until acceptance of commis-
sion..

Page

627

137

96

38