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"The sixth paragraph of the circular letter of the honorable Third Assistant Postmaster-General, dated June 17, 1904, does not seem to apply to any cases except those of regular employees. And pending a decision in the matter I have paid Mr. Van Karmerik $72.34 for his services and withheld $10.99 (the rate for four days under the old salary table) for the four days' pay of the substitute, on the ground that under the provisions of section 727 (R. S., sec. 4, 1 Supp., 363), and subdivision C, par. 4, sec. 745, P. L. & R.), the substitute is entitled to the pro rata salary of carriers whose routes they may be required to serve.
You appear to have paid Louis Van Karmerik, jr., for the first twenty-six days of his service, and as to that payment I have no jurisdiction to decide as to its validity until passed upon by the Auditor. It appears that Mr. Van Karmerik, jr., was absent for four days. One-thirtieth of the monthly installment for May of his annual salary should be deducted for each day he was so absent (11 Comp. Dec., 130). This would leave twenty-six thirtieths of the monthly installment to be paid to him, which, under the new salary table, is $72.29. You have paid him $72.34. There does not appear to be anything due him for services on the 27th of May, and you are not authorized to make any further payment to him for May. Section 4 of the act of August 2, 1882 (22 Stat., 185), provides:
“*** That the Postmaster-General be, and he hereby is, authorized to appoint one or more substitute carriers, whose compensation shall be one dollar per annum and the pro rata compensation of the carriers whose routes they may be required to serve
The substitute for Louis Van Karmerik, jr., should be paid one-thirtieth of the monthly installment for May of the annual salary of Mr. Van Karmerik, jr., for each day he served as such substitute, or four-thirtieths of the monthly installment of the annual salary of $1,000, which, under the new salary table now in force, is $11.12.
PURCHASE OF PATENTED DEVICES BY THE
Under the act of June 28, 1902, which authorizes the Public Printer to procure and supply, on requisition from the head of any Executive Department, complete patented devices with which to file moneyorder statements, or other uniform official papers, the Public Printer is authorized to purchase Jones's patented complete loose-leaf ledger for the use of the Department of Justice.
(Acting Comptroller Mitchell to the Public Printer, June 8, 1903.)
I have received your letter of the 3d instant, as follows:
"This Office is in receipt of Department of Justice requisition 501, calling for one Jones Perpetual Current Binder, one Jones Perpetual Ledger Transfer Sectional Post Binder, and 400 additional sheets, to be purchased from the Jones Perpetual Ledger Company, Chicago, Ill. Referring to your decisions of October 28 and November 21, 1898, regarding the purchase of sheets for Burr's Combination Index, and your decision of February 7, 1902, regarding the purchase of manifold books from the General Manifold Company, of Franklin, Pa., I have the honor to request you to inform me whether, in view of those decisions, I am authorized to purchase the binders and sheets required to fill Department of Justice requisition 501 under the act approved June 28, 1902 (32 Stat., p. 481), which reads as follows:
"The Public Printer is authorized hereafter to procure and supply, on the requisition of the head of any Executive Department or other Government establishment, complete manifold blanks, books, and forms, required in duplicating processes; also complete patented devices with which to file money-order statements, or other uniform official papers, and to charge such supplies to the allotment for printing and binding of the department or Government establishment requiring the same.
"In this connection I desire to state that this Office has endeavored heretofore to purchase portions of various patented devices, the binding of which would be done at this Office, and the sheets printed and ruled here. It has been discovered, however, that the same price is charged for the incomplete device as would be charged for the completed book, and this office has no machinery for putting the necessary crimping' in the leaves, and, as that process is also patented, would not be able to do the work even if the necessary machinery could be obtained.
"I shall be pleased to receive a reply at your earliest convenience, as I am in constant receipt of requisitions similar to the one referred to from the Department of Justice.”
Section 87 of the act of January 12, 1895 (28 Stat., 622), provides that
"All printing, binding, and blank books for Executive and Judicial Departments shall be done at the Government Printing Office, except in cases otherwise provided by law.
The act of April 28, 1904 (33 Stat., 511), provides:
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"For the public printing, for the public binding, and for * for paper for the public printing partments, and for all the necessary articles needed in the prosecution of the work, six million five thousand six hundred and forty-five dollars and eighty-two cents."
The act allots $20,000 to the Department of Justice.
You state in a further communication of the 6th instant that
"I desire to be informed whether, under the provision above referred to (act of June 28, 1905, 32 Stat., 481) and in view of the fact that I am compelled to pay the same for unbound as for the bound products, and from the further fact that certain portions of the files are patented, I am authorized to purchase the complete loose-leaf ledgers.'
I am of the opinion that the ledgers referred to are blank books within the meaning of the act of January 12, 1895, supra, and must be procured of the Government Printing Office. (11 Comp. Dec., 199, 201; 5 Comp. Dec., 184.)
It appears that certain portions of the files are patented and that if you should purchase the binders and sheets necessary to produce the completed books you would not be able to do the work even if the necessary machinery could be obtained.
There remains but two ways in which you can furnish the book, viz, first, by purchasing the completed work; second, by purchasing the right to use the patented device if this could be done.
It was decided by this Office prior to the act of June 28, 1902, supra, that you are authorized to purchase the use of the patented devices (5 Comp. Dec., 184, 185). It was further decided in the same case "that the fact that the Public Printer can not furnish the printing and binding in the particular form desired will not authorize the procurement of the work
elsewhere. (Bowler, 1 Comp. Dec., 269.) Clearly, if by the use of any proper means within his power the Public Printer can furnish the work required, the procurement of the work elsewhere would not be authorized."
The act of June 28, 1902, supra, however, authorizes you
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"procure and supply complete manifold blanks, books, and forms required in duplicating processes, and also complete patented devices with which to file money-order statements or other uniform official papers and charge such supplies to the allotment for printing and binding of the Department *requiring the same."
Under this act you may procure a complete device, as distinguished from the use of the patent to produce it.
I am of the opinion that the device as to the portions of the files that is patented is a patented device within the meaning of the act of June 28, 1902, supra, which you are authorized to procure. This patented portion also affects the price of the whole to the extent that the unbound product can only be bought at the same price that you would have to pay for the bound product.
This being true, I am of the opinion that the purchase of the complete loose-leaf ledgers is a purchase of a patented device within the meaning of the act of June 28, 1902.
You are therefore authorized to procure and supply them to the Department of Justice and charge the cost thereof to allotment of said Department.
The decisions of this office of November 21, 1898 (MS. Dec., vol. 7, p. 897), and of February 7, 1902 (MS. Dec., vol. 20, 461), were rendered before the passage of the act of June 28, 1902, and do not apply.
PAY OF AIDS TO THE ADMIRAL OF THE NAVY.
The provision in section 1096, Revised Statutes, that an aid to the General of the Army shall have the rank of colonel, does not apply to aids to the Admiral of the Navy, and the latter are not entitled, therefore, to any higher pay than that of their office and rank.
(Decision by Acting Comptroller Mitchell, June 8, 1905.)
The Auditor for the Navy Department submits for approval, disapproval, or modification the following decision:
"Lieut. Harry H. Caldwell, U. S. Navy, has presented to this Office a claim for increased pay while serving as aid to the Admiral of the Navy, as follows:
"1. "For difference between the pay of a lieutenant (junior grade) and the pay of a captain of the Navy, from July 1, 1899, to December 28, 1899."
"2. For the difference between my pay as a lieutenant and the pay of a captain in the Navy from December 27, 1899, to October 8, 1900.'
"This claim is based upon sections 1096 and 1261 of the Revised Statutes as applicable to the Navy by the personnel act. I served as aid to Admiral Dewey under orders dated July 1, 1899.'
"The following is a copy of his orders to duty as aid to Admiral Dewey:
"UNITED STATES FLAGSHIP OLYMPIA,
"SIR: You are hereby assigned to duty as aid to the Admiral.
"Admiral U. S. Navy, Commander-in-Chief."
"The following is a copy of his orders detaching him from duty on the staff of Admiral Dewey, U. S. Navy, on board the U. S. S. Olympia, and ordering him to report to Admiral Dewey, at the Navy Department, dated October 4, 1899:
"Washington, October 4, 1899. "SIR: You are hereby detached from duty on the staff of Admiral George Dewey, U. S. Navy, on board the U. S. S. Olympia, and from such other duty as may have been assigned you, will proceed to Washington, D. Č., and report to Admiral Dewey, at the Navy Department, for such duty as he may assign you on his staff.
"This employment on shore duty is required by the public interests.
"Lieut. HARRY H. CALDWELL, U. S. NAVY,
JOHN D. LONG,
U. S. S. Olympia.”
"The indorsement on the order shows that he reported to Admiral Dewey at Washington, D. C., October 5, 1899, and was assigned to duty as aid.
"In accordance with the orders of the Secretary of the Navy dated October 6, 1900, Lieutenant Caldwell was detached from duty on the staff of Admiral Dewey and ordered to New