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Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in section 1 will seriously impair the conduct of Government business, the Secretary of Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint recommendation of the contracting agency and the contractor, the Secretary of Labor may modify the terms of an existing contract respecting minimum rates of pay and maximum hours of labor as he may find necessary and proper in the public interest or to prevent injustice and undue hardship. The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this Act respecting minimum rates of pay and maximum hours of labor or the extent of the application of this Act to contractors, as hereinbefore described. Whenever the Secretary of Labor shall permit an increase in the maximum hours of labor stipulated in the contract, he shall set a rate of pay for any overtime, which rate shall be not less than one and one-half times the basic hourly rate received by any employee affected. Sec. 6, act of June 30, 1936 (49 Stat, 2038); 41 U. 8. C. 40.

Whenever used in this Act, the word "person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. Sec. 7, act of June 30, 1936 (49 Stat. 2039); 110. S. C. 11.

The provisions of this Act shall not be construed to modify or amend title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes," approved May 3, 1933 (commonly known as the Buy American Act), nor shall the provisions of this Act be construed to modify or amend the Act entitled "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," approved March 3, 1931 (commonly known as the Bacon-Davis Act), as amended from time to time, nor the labor provisions of title II of the National Industrial Recovery Act, approved June 16, 1933, as extended, or of section 7 of the Emergency Relief Appropriation Act, approved April 8, 1935; nor shall the provisions of this Act be construed to modify or amend the Act entitled "An Act to provide for the diversification of employment of Federal prisoners, for their training and schooling in trades and occupations, and for other purposes," approved May 27, 1930, as amended and supplemented by the Act approved June 23, 1934. Sec. 8, act of June 30, 1936 (49 Stat. 2039); 41 U.S.O. 42.

This Act shall not apply to purchases of such materials, supplies, articles, or equipment as may usually be bought in the open market; nor shall this Act apply to perishables, including dairy, livestock, and nursery products, or to agricultural or farm products processed for first sale by the original producers; nor to any contracts made by the Secretary of Agriculture for the purchase of agricultural commodities or the products thereof. Nothing in this Act shall be construed to apply to carriage of freight or personnel by vessel, airplane, bus, truck, express, or railway line where published tariff rates are in effect, or to common carriers subject to the Communications Act of 1934. Sec. 9, act of June 30, 1936 (49 Stat. 2039); 41 U. S. C. 43.

If any provision of this Act, or the application thereof to any persons or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Sec. 10, act of June 30, 1936 (49 Stat. 2039); 41 U. S. C. 44.

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This Act shall apply to all contracts entered into pursuant to invitations for bids issued on or after ninety days from the effective date of this Act: Provided, however, That the provisions requiring the inclusion of representations with respect to minimum wages shall apply only to purchases or contracts relating to such industries as have been the subject matter of a determination by the Secretary of Labor. Sec. 11, act of June 30, 1936 (49 Stat. 2039); 41 U. 8. C. 45.

Regulations for the administration of this section were prescribed by the Secretary of Labor under date of September 14, 1936 (F. R., Vol. I, No. 135).

Construction of naval vessels under act of May 17, 1938 (52 Stat. 403), is required to be in accordance with the provisions of this section, unless such course should be deemed by the President as not in the interest of national defense.

748. For text of this section as published in the 1929 Edition, see 743, 744, ante.
749. For text of this section as published in the 1929 Edition, see 743, ante.
750. For text of this section as published in the 1929 Edition, see 743, ante.
751. For text of this section as published in the 1929 Edition, see 745, ante.

CHAPTER 13

FEDERAL COURTS

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Supreme Court; reports, distribution, 752. Habeas corpus-Continued.
District courts; jurisdiction, 753.

Power of judges, 758.
Evidence :

Conditions for issue of writ, 759. Defendants in criminal cases, 754.

Application for writ, 760. Copies of departmental records, 755.

Allowance and direction of writ, 761. Writing and records made in regular course Time of return, 762. of business, 755a.

Form of return, 763. Transcript of records in suits against de- Body to be produced, 764, linquents, 756.

Date for hearing, 765. Habeas corpus :

Hearing and disposition, 766. Power of courts, 757.

Witness fees, 767. 752. Supreme Court; reports, distribution.--The reports provided for in section 225 shall be printed, bound, and issued within eight months after said decisions have been rendered by the Supreme Court, and within said period the Attorney General shall distribute copies of said Supreme Court Reports as follows: the Secretary War,

each assistant secretary of each of the executive departments,

the Judge Advocate General of the Army; the Chief of Finance, War Department;

the Military Academy at West Point, New York;

each one copy ;

to the law library of the Judge Advocate General of the Army, two copies ;

to the Secretary of War for the use of the proper courts and officers of the Philippine Islands, seven copies; to the Secretary of War for military headquarters which now exercise or may hereafter exercise general court-martial jurisdiction, such number, not to exceed in time of peace twenty-five copies, as the Secretary of War may from time to time specify; * * * Provided, That this Act shall not be construed so as to require that reports and digests printed prior to the date of approval of this Act shall be furnished to the Secretary of War for military headquarters. Sec. 227, act of Mar. 3, 1911 (36 Stat. 1154); sec. 3, act of July 1, 1922 (42 Stat. 816); act of June 12, 1926 (4) Stat. 736); act of Jan. 29, 1929 (45 Stat. 1145); 28 U. 8. C. 334.

An amendment to this section by section 5, Title III, act of June 20, 1936 (49 Stat. 1549), concerns only the number of copies of Supreme Court Reports to be furnished the Library of the Supreme Court and the Library of Congress.

753. District courts; jurisdiction.--The district courts shall have original jurisdiction as follows:

Twentieth. Concurrent with the Court of Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part

of the Government of the United States against any claimant against the Gorernment in said court:

Par. 20, sec. 24, act of Mar. 3, 1911 (36 Stat. 1093); sec.. 1122, act of Feb. 26, 1926 (44 Stat. 121); 28 U. 8. C. 41.

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Notes of Decisions

an

In general.--A U. S. District Court is capacity is a suit against United States without jurisdiction to try a suit expressly (Transc. West. Airways v. Farley, 71 F. against United States not falling within the (20) 288), except where the officer acts purpurview of the Tucker Act (28 U. S. C. 41). suant to unconstitutional statute, or McAllister Nav. Co. v. Sutton Lines, Inc.. where, under color of authority, he wronget al. (C. C. A., 1938), 95 F. (20) 1008. fully invades property rights (Sterling v.

A suit against an Army officer in his official Constantin, 287 U. S. 378). Id.

754. Evidence; defendants in criminal cases.-That in the trial of all indictments, informations, complaints, and other proceedings against persons charged with the commission of crimes, offenses, and misdemeanors, in the United States courts, Territorial courts, and courts-martial, and courts of inquiry, in any State or Territory, including the District of Columbia, the person so charged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him. Act of Mar. 16, 1878 (20 Stat. 30); 28 U. S. C. 632.

Notes of Decisions Right of defendant to testify and weight | held not error, though codefendant gave such of his testimony.-Statute making accused testimony when testifying in bis own behalf competent witness at his own request re- after defendant moved for directed verdict at moved common-law incapacity of party to close of Government's case and announced testify in his own behalf. Brown v. U. S. intention to stand on motion. Id. (C. C. A., 1932), 56 F. (20) 997.

Comment on failure to testify.—Comment Status of defendant testifying.---Accused on the failure of the accused to testify is fortestifying in his own behalf is subject to bidden. Rice v. U. S. (C. C. A., 1929), 35 F. cross-examination like other witnesses. (20) 689, certiorari denied (1930), 281 U. S. Brown v. U. S. (C. C. A., 1932), 56 F. (20) 730, holding that reference to failure to call 997.

certain witnesses did not constitute such a Refusing to strike part of codefendant's comment. testimony referring to moving defendant

755. Evidence; copies of departmental records.

(a) Copies of any books, records, papers, or other documents in any of the executive departments, or of any corporation all of the stock of which is beneficially owned by the United States, either directly or indirectly, shall be admitted in evidence equally with the originals thereof, when duly authenticated under the seal of such department or corporation, respectively.

(b) Books or records of accounts in whatever form, and minutes (or portions thereof) of proceedings, of any such executive department or corporation, or copies of such books, records, or minutes authenticated under the seal of such department or corporation, shall be admissible as evidence of any act, transaction, occurrence, or event as a memorandum of which such books, records, or minutes were kept or made.

(c) The seal of any such executive department or corporation shall be judicially noticed. R. S. 882, sec. 6, act of June 19, 1934 (48 Stat. 1109); 28 U. 8. O. 661.

* Copies of any books, records, papers, or documents, and transcripts from the books and proceedings of the General Accounting Office, when certified by the Comptroller General or the Assistant Comptroller General under its seal, shall be admitted as evidence with the same effect as the copies and transcripts referred to in section 882 and 886 of the Revised Statutes. Sec. 306, act of June 10, 1921 (42 stat. 21);31 U.S. C. 46.

Notes of Decisions In general.-Documents of Government de graph of this section b» the second paragraph partment, kept pursuant to law, of which are admissible since the originals would have public has knowledge, are admissible in evi- been. Price v. State (Tex., 1931), 38 S. W. dence, where material. State 0. Bolen (20) 811. (Wash., 1927), 254 P. 445.

Probative value.---Court will not accept War Department records of deceased's certified copies as proof of corrections of fingerprints held admissible in murder prose- figures in documents certified by Government cution without extrinsic testimony identify official receiving documents from other offling records, since the mere fact of uniform cial, department, or commission. Certificakeeping of records of fingerprints of mem- tion of document proves only document itbers of Army by War Department is prima self, but does not establish as fact correctness facie proof of their genuineness. Id. of statements or figures therein. Thus docu

Witnesses from War Department could not ments certified by Comptroller General were testify as to whether fingerprints, enlistment, not competent as proof of their contents or and service records offered in murder prose- of correctness of his determination, where cution, were of public or private nature, the documents were based on figures derived question being for court. Id.

from the Federal Trade Commission. Mo"Evidence equally with the originals.”—hawk Condensed Milk Co. v. U. S. (1930), Photostatic copies properly certified of 70 Ct. Cl. 671. vouchers, etc., brought within the first para

755a. Evidence; writing and records made in regular course of business.That in any court of the United States and in any court established by Act of Congress, any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, shall be admissible as evidence of said act, transaction, occurrence, or event, if it shall appear that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event, or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term "business" shall include business, profession, occupation, and calling of every kind. Sec. 1, act of June 20, 1936 (49 Stat. 1561); 28 U. S. C. 695.

Further provisions of this act provide for the admission in evidence of foreign documents and the execution of commissions by consular officers. Appropriations available for the payment of fees and costs in the case of witnesses subpenaed in behalf of the United States are made available for expenses incurred by the United States for this purpose.

Executive Order No. 7470, October 15, 1936, prescribes regulations governing the authentication of certified copies of foreign public records, the manner of executing and returning commissions by diplomatic and consular officers in criminal cases, and schedules of fees and compensation allowable in such cases.

756. Evidence; transcript of records in suits against delinquents.- When suit is brought in any case of delinquency of a revenue officer, or other person accountable for public money, a transcript from the books and proceedings of the Treasury Department, certified by the register and authenticated under the seal of the department, or, when the suit involves the accounts of the War or Navy Department, certified by the auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the register, or by such auditor, as the case may be, to be true copies of the originals on file, and authenticated under the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would

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