COMPENSATION OF GOVERNMENT EMPLOYEES FROM MORE THAN ONE SOURCE PROHIBITED

[Extract from] An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1918, and for other purposes. (Act March 3, 1917, ch. 163, 39 Stat. 1070)

[Government employees-Salaries from two sources prohibited.]-Provided, 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.)

Textual note.-The substance of the above provision is codified as section 66, title 5, United States Code.

NOTE

Report should be made if employee receive compensation from other source.— In every case where an employee is receiving pay from any other source for the services performed by him for the Government of the United States full report of the facts must be made. In any case where an appointment is to be made of one who is receiving salary from any other source appropriate certificate must be made to show that the appointment is not prohibited by the above provision of above act. (C. L. 839, August 6, 1919, or C. L. 842, August 15, 1919.)

SUSPENSION OF EIGHT-HOUR LAW

[Extract from] An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes. (Act of Mar. 4, 1917, 39 Stat. 1192)

[Emergency suspension of eight-hour law on Government contracts.]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 one-half for all hours work in excess of eight hours.

NOTE

The Eight-hour law is codified in sections 321 to 326, inclusive, title 40, United States Code.

215

SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT

FOR 1918

[Extracts from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and for other purposes. (Act of June 12, 1917, ch. 27, 40 Stat. 105)

[$1,000,000 annually to be paid from reclamation fund to general funds in Treasury.]—The act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth Statutes, page eight hundred and thirty-five), is amended to provide that reimbursement of the moneys advanced under the provisions of that act shall be made by transferring annually the sum of $1,000,000 from the reclamation fund to the general funds in the Treasury, beginning July first, nineteen hundred and twenty, and continuing until full reimbursement has been made. (40 Stat. 149.)

Textual note.-Section 399, title 43, United States Code, is a codification of the substance of section 3 of the act of June 25, 1910 (36 Stat. 835), as amended by the above provision.

Amendment. The act of February 6, 1931 (46 Stat. 1069), contains a provision granting a moratorium of two years in repayment of money advanced to the reclamation fund by act of June 25, 1910 (35 Stat. 835), as amended by the above provision. Further postponement of repyament until 1938 was made by acts of April 1, 1932, March 3, 1933, and June 22, 1956.

[Application of moneys refunded.]-All moneys heretofore or hereafter refunded or received in connection with operations under the reclamation law, except repayments of construction and operation and maintenance charges, shall be a credit to the appropriation for the project or operation from or on account of which the collection. is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project or operation. (40 Stat. 149.)

Textual note.-The above provision is codified as section 415, title 43, United States Code.

NOTES

Excess collections for water rental may not be refunded unless money is reappropriated by Congress.-Since the act of June 12, 1917 (40 Stat. 149), providing that certain moneys refunded or received in connection with operations under the reclamation laws shall be a credit to the appropriation for the project or operation from or on account of which the collection is made available for expenditure as if appropriated for that particular project or operation, specifically excepts from its operation all repayments of construction and operation and maintenance charges, moneys paid as water rental for water alleged not to have been furnished or in excess of the amount used, and covered into the reclamation fund as "construction revenue earnings" and "operation and maintenance revenue earnings," are not available for refundment or other expenditure unless reappropriated by Congress. (26 Comp. Dec. 696.)

SPECIAL PROVISIONS OF SUNDRY CIVIL APPROPRIATION ACT, 1918 217

The intention of Congress, as expressed in the act of June 12, 1917 (40 Stat. 149), and other acts, to except "repayments of construction and operation and maintenance charges" from the requirement that moneys refunded or received in connection with operations under the reclamation laws shall be a credit to the appropriation for the project or operation from or on account of which the collection is made and available for direct expenditure without further appropriation by Congress, may not be defeated by administrative action authorizing payments of operation or maintenance charges in advance, thus making them "receipts" instead of "repayments," but all moneys in the reclamation fund arising from operation and maintenance charges, regardless of the date of payment or collection, can be available for expenditure only when appropriated by Congress. (27 Comp. Dec. 849.)

See notes of Comptroller General's decisions following section 1, act of June 17, 1902, entitled "Damages collected not to be credited to reclamation fund." The act of June 6, 1930 (46 Stat. 522), changes the procedure prescribed by the Comptroller General by providing that funds collected from defaulting contractors or their sureties shall be covered into the reclamation fund and not credited as miscellaneous receipts in the Treasury.

88508-37- 15

SUSPENSION OF RESIDENCE REQUIREMENTS DURING WORLD WAR

[Extracts from] An act to provide further for the national security and defense by stimu lating agriculture and facilitating the distribution of agricultural products. (Act August 10, 1917, ch. 52, 40 Stat. 273)

*

Sec. 11. [Suspension of residence requirements.]-That the Secretary of the Interior is hereby authorized, in his discretion, to suspend during the continuance of this act that provision of the act known as the "reclamation act" requiring residence upon lands in private ownership or within the neighborhood for securing water for the irrigation of the same, and he is authorized to permit the use of available water thereon upon such terms and conditions as he may deem proper. (40 Stat. 276.)

Sec. 12. [Duration of suspension.]-That the provisions of this act shall cease to be in effect when the national emergency resulting from the existing state of war shall have passed, the date of which shall be ascertained and proclaimed by the President; but the date when this act shall cease to be in effect shall not be later than the beginning of the next fiscal year after the termination, as ascertained by the President, of the present war between the United States and Germany. (40 Stat. 276.)

NOTES

Applications for water.-Under these sections, the Secretary of the Interior will permit as a war measure the acceptance upon Federal irrigation projects during the term of the war as fixed by the act, all applications for temporary water delivered to lands in private ownership and subject to public notice without reference to the residence of the water-right applicant. No application, however, will be received under this act from one qualified to make a formal water-right application under section 5 of the reclamation act of June 17, 1902 (32 Stat. 388). The charges for the delivery of water will be the same in amount as the operation and maintenance charges announced by public notice, but shall be payable in advance. (Departmental decision, October 4, 1917, 46 L. D. 213.)

See C. L. 720, January 2, 1918, for supplementary instructions to those of October 4, 1917.

Order of Secretary of the Interior dated April 23, 1920, cancels all contracts for temporary water service under act of August 10, 1917, and the regulations of October 4, 1917, 46 L. D. 213. (47 L. D. 370; C. L. 883, May 4, 1920.) For date of termination of World War see 49 L. D. 1.

218