30 Op. A. G. 31, Jan. 22, 1913, par. 28–96. 28-102. Eight-hour law of 1912: Exception in the case of dressed marble and stone for public buildings. The provisions of the eight-hour law of June 19, 1912 (37 Stat. 137), do not apply to the labor involved in the dressing of marble and stone for public buildings, such labo not being performed at the sites of the buildings themselves, since marble and stone clearly belong in their nature to articles or materials ordinarily to be bought in the open market, although they may be dressed and finished in a manner peculiar to the needs of a particular building. (30 Op. A. G. 211, August 1, 1913.) Refer to 29 Op. A. G. 505, Aug. 19, 1912, par. 28-93. 29 Op. A. G. 534, Oct. 3, 1912, par. 28-94. 30 Op. A. G. 24, Jan. 21, 1913, par. 28-95. 28-103. Increased price of supplies no ground for waiving performance of contract. The Secretary of the Treasury has no authority to relieve a contractor from the performance of his contract to furnish supplies to the Government, because of the increased price thereof incident to the European War. (30 Op. A. G. 301, October 22, 1914.) Refer to 9 Op. A. G. 80, Sept. 5, 1857, par. 28-09. 28 Op. A. G. 121, Dec. 22, 1909, par. 28-84. 28-104. Effect of Comptroller's decision on validity of Navy Regulations. The decisions of the Comptroller of the Treasury declaring invalid article R-3991 of the Navy Regulations of 1913, relating to the duties of pay officers of shore stations are not conclusive upon the Navy Department. This regulation is valid at least to the extent of protecting a pay officer in good faith paying items that on the face of the roll are apparently legal expenditures. (30 Op. A. G. 376, May 19, 1915.) Refer to 26 Op. A. G. 609, May 22, 1908, par. 28-79. 28-105. Advertising required in contracts for military movement of troops. The Navy Department can not enter into a contract for the military movement of troops without previously advertising for proposals as required by section 3709 of the Revised Statutes. (30 Op. A. G. 381, June 1, 1915.) Refer to 2 Op. A. G. 257, Aug. 29, 1829, par. 28-04. 10 Op. A. G. 416, Dec. 24, 1862, par. 28-11. 15 Op. A. G. 538, Mar. 20, 1876, par. 28-21. 21 Op. A. G. 207, Aug. 13, 1895, par. 28–55. 28-106. When facsimile signature to orders, vouchers, etc., constitutes sufficient approval. The affixing of the stamped facsimile signature of the Chief of the Bureau of Navigation to orders, vouchers, etc., properly initialed by officers duly authorized to affix the same thereto, under the direction and control of the Chief of the Bureau of Navigation, is a sufficient approval thereof by the Chief of the Bureau of Navigation. The Chief of the Bureau of Navigation can not transfer to others any duty which the law imposes upon him in connection with the approval of orders, vouchers, etc., but after he has in some appropriate way passed judgment in such cases, the manual act of affixing his signature in evidence of his approval may be done by others thereunto duly authorized by him. (31 Op. A. G. 349, September 23, 1918.) Refer to 7 Op. A. G. 594, Nov. 9, 1855, par. 28-07. 28-107. Prosecutions of claims against United States by Army officers. An officer in the United States Army is not by virtue of that fact alone an officer in the War Department within the meaning of section 190 of the Revised Statutes, which relates to the prosecution of claims against the United States. Where, however, Congress creates an office or bureau in the department and authorizes the appointment of an Army officer to the office, or in the bureau, such Army officer, after receiving his new appointment, would fall within the reach of section 190 of the Revised Statutes, for he would then be an officer in the department. (31 Op. A. G. 471, June 18, 1919.) Refer to 20 Op. A. G. 695, Jan. 12, 1894, par. 28-44. 28-108. Contracts for ordnance material; variation in quantities. A provision in a contract for furnishing ordnance material, which authorizes an allowance of plus or minus 5 per cent of the articles ordered, does not foreclose the Government from insisting upon delivery of the full amount specified by the contract, nor does it enable the contractor to force acceptance of a greater amount. Where the contract contains no such plus or minus clause, the Government can not be compelled to accept a greater quantity, but if it accepts and uses a greater quantity it should be required to pay for the same. (31 Op. A. G. 537, July 23, 1919.) 28-109. Restriction in transfer of machinery to other navy yards. Machinery and tools appropriated for by Congress for the navy yards at New Orleans and Pensacola can not be transferred to other navy yards without legislative authority for such action. (31 Op. A. G. 594, January 30, 1913.) Refer to 28 Op. A. G. 511, Dec. 7, 1910, par. 28-90. 28-110. Patents: Involuntary assignments; division of process and apparatus claims. Section 3477, Revised Statutes, does not bar claims against the United States Government which arise under involuntary assignments of patents by a duly appointed receiver. (32 Op. A. G. 135, March 9, 1920.) Refer to 16 Op. A. G. 277, Mar. 7, 1879, par. 28-25. 17 Op. A. G. 545, May 28, 1883, par. 28-27. 18 Op. A. G. 88, Dec. 20, 1884, par. 28-28. 28-111. Patents granted to Government officers; Government may use invention. When a patent issues under the provisions of the act of March 3, 1883 (22 Stat. 625), relating to the issuance of patents to officers of the Government, no dedication to the public results, but any person in the United States, including governmental officers and employees, may use the invention disclosed in the patent without the payment of royalty provided the use be in the prosecution of work for the Federal Government. (32 Op. A. G. 145, March 22, 1920). Refer to 16 Op. A. G. 136, Sept. 24, 1878, par. 28-22. CHAPTER 29. DECISIONS OF THE COMPTROLLER OF THE TREASURY AND THE COMPTROLLER GENERAL OF THE UNITED STATES. 29-01. Purpose of chapter. The decisions of the comptrollers have a decided influence on the practice of Government departments in matters of interpretation of contracts and expenditure of funds. There are quoted hereinbelow syllabi of such decisions as have an actual or constructive bearing on the work of the Bureau of Yards and Docks, selected from the closed series of decisions of the Comptroller of the Treasury and the volumes of decisions of the Comptroller General published to date. An inflexible application of particular decisions to questions arising under contracts is not expected, inasmuch as the syllabi are necessarily greatly condensed, pertinent cases may have been omitted in selection, and conflicts may appear to exist even among cases cited. It is intended, however, that those concerned shall have available a considerable body of precedent as laid down by the accounting officers of the Government, so that hasty or illadvised action may be avoided in the administration of contractual or other fiscal relations in the field. Every case must be decided upon its own merits, and no final action in disputed matters should be taken without reference to the bureau, where its cognizance is involved; but familiarity with the general principles herein embodied will assist in safeguarding the Government's rights in financial matters at all stages. In any particular case the full decision may be read in the volume referred to at the end of the syllabus in question. 29-02. Comptroller General independent of executive departments. By the budget and accounting act of June 10, 1921, the Office of the Comptroller of the Treasury was abolished and its duties, among others, transferred to the General Accounting Office, a new establishment under the control and direction of the Comptroller General of the United States. By the law above mentioned the Comptroller General is made responsible, independently of any executive department, for the settlement and adjustment of all claims and demands whatsoever by the Government of the United States or against it, and of all accounts whatever in which the Government of the United States is concerned, either as debtor or creditor. 29-03. Comptroller General renders advance decisions upon request and upon his own initiative. As stated in the official summary of duties (Congressional Directory, January, 1923), the Comptroller General is required, upon the application of disbursing officers, the head of any executive department, or other independent establishment not under any of the executive departments, to render his advance decision upon any question involving a payment to be made by them or under them, which decision when rendered governs in the settlement of the account involving the payment. He reviews, on his own motion, any settled account when in the interest of the United States to do so; also reviews, at his discretion, settlements and construction of statutes made by the six respective auditing divisions of the General Accounting Office. 29-04. The classification of syllabi quoted herein divides the subject matter into groups and subgroups according to the more important aspects of the several decisions. It is impossible, without repetition, to make the groups complete in themselves, owing to their numerous bearings. In searching for an applicable decision, therefore, it may be necessary to go outside the group seemingly most appropriate, to one related thereto by a secondary aspect of the question under consideration. An index to these decisions will be found in the general index of the manual. The following is the group arrangement adopted: |