A-56259, APRIL 23, 1935, 14 COMP. GEN. 780

A-56259, APRIL 23, 1935, 14 COMP. GEN. 780

PENSIONS - INMATES OF A VETERANS' ADMINISTRATION FACILITY THERE IS NO AUTHORITY UNDER SECTION 3 OF THE ACT OF AUGUST 17, 1912, 37 STAT. 312, TO PAY PENSION DIRECTLY TO PENSIONERS WHO ARE RECEIVING DOMICILIARY CARE IN A VETERANS' ADMINISTRATION FACILITY SUCH AS WAS FORMERLY FURNISHED BY THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS -- THERE BEING FOR APPLICATION IN SUCH CASES SECTION 2 OF THE ACT OF FEBRUARY 26, 1881, 21 STAT. 350, REENACTED BY THE ACT OF AUGUST 7, 1882, 22 STAT. 322, REQUIRING THAT PAYMENT OF PENSION IN SUCH CASES BE MADE TO THE "TREASURERS OF SAID HOME (VETERANS' ADMINISTRATION FACILITY) TO BE APPLIED BY SUCH TREASURERS AS PROVIDED BY LAW, UNDER THE RULES AND REGULATIONS OF SAID HOME (VETERANS' ADMINISTRATION FACILITY).' WHERE A PENSIONER DIES WHILE RECEIVING DOMICILIARY CARE IN A VETERANS' ADMINISTRATION FACILITY SUCH AS WAS FORMERLY FURNISHED IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, ANY MONEY OF SUCH DECEASED INMATE WHICH CAN BE IDENTIFIED AS PENSION MONEY, IS FOR DISPOSITION UNDER THE ACTS OF JULY 1, 1902, 32 STAT. 564, AND JUNE 25, 1910, 36 STAT. 736--- THE LATTER ACT BEING FOR APPLICATION WHERE ADMISSION INTO THE HOME (FACILITY) WAS ON OR AFTER JUNE 25, 1910. SECTION 17 OF TITLE I OF THE ACT OF MARCH 20, 1933, 48 STAT. 11, PROVIDING, AMONG OTHER THINGS, FOR THE REPEAL OF PUBLIC LAWS "GRANTING" CERTAIN BENEFITS TO PENSIONERS, HAS NO APPLICATION TO PROCEDURAL STATUTES RELATING TO THE DISPOSITION OF BENEFITS AFTER THEY HAVE BEEN GRANTED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, APRIL 23, 1935:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 15, 1935, AS FOLLOWS:

THE ACT OF CONGRESS OF JULY 1, 1902, 32 STAT. 564, MAKES PROVISION FOR THE PAYMENT OF ANY BALANCE OF PENSION MONEY DUE A DISABLED VOLUNTEER SOLDIER THEN RESIDING IN AND A MEMBER OF THE NATIONAL HOME AT THE TIME OF HIS DEATH AS FOLLOWS:

"ANY BALANCE OF PENSION MONEY DUE A MEMBER OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AT THE TIME OF HIS DEATH SHALL BE PAID TO HIS WIDOW, MINOR CHILDREN, OR DEPENDENT MOTHER OR FATHER, IN THE ORDER NAMED, AND SHOULD NO WIDOW, MINOR CHILD, OR DEPENDENT PARENT BE DISCOVERED WITHIN ONE YEAR FROM THE TIME OF THE DEATH OF THE PENSIONER, SAID BALANCE SHALL BE PAID TO THE POST FUND OF THE BRANCH OF SAID NATIONAL HOME OF WHICH THE PENSIONER WAS A MEMBER AT THE TIME OF HIS DEATH, TO BE USED FOR THE COMMON BENEFIT OF THE MEMBERS OF THE HOME UNDER THE DIRECTION OF THE BOARD OF MANAGERS, SUBJECT TO FUTURE RECLAMATION BY THE RELATIVES DESIGNATED IN THIS SECTION UPON APPLICATION FILED WITH THE BOARD OF MANAGERS WITHIN FIVE YEARS AFTER THE PENSIONER'S DEATH.'

IN YOUR DECISIONS OF AUGUST 13, 1934, AND OCTOBER 15, 1934, IT WAS HELD THAT THE BALANCE OF PENSION MONEY REFERRED TO INCLUDES ANY MONEY OF THE INMATE PENSIONER WHICH CAN BE IDENTIFIED AS PROCEEDS OF PENSION PAID PURSUANT TO THE ACT OF AUGUST 7, 1882, 22 STAT. 322, WHETHER SUCH MONEY BE IN A MEMBER'S DEPOSIT ACCOUNT OR IS FOUND ON HIS PERSON AT TIME OF DEATH, AND, AS SUCH, MUST BE DISPOSED OF IN THE MANNER PRESCRIBED BY THE 1902 ACT.

PAYMENTS OF PENSIONS TO COMPETENT MEMBERS OF THE NATIONAL HOME ARE NOW MADE BY CHECKS DRAWN DIRECTLY TO THE PENSIONERS UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF AUGUST 17, 1912, 37 STAT. 312, WHICH MAKES THE DELIVERY OF THE CHECK TO THE PENSIONER THE PIVOTAL FACT WHICH CHANGES THE CHARACTER OF THE PENSION CHECK FROM ACCRUED PENSION TO ASSETS OF THE PENSIONER'S ESTATE.

ACCORDINGLY, YOUR DECISION IS REQUESTED WHETHER THE ACT OF JULY 1, 1902, SUPRA, APPLIES TO ALL PENSION OF A DECEASED MEMBER OF THE NATIONAL HOME (FACILITY) HOWEVER PAID.

UNDER THE ACT OF JUNE 25, 1910, 36 STAT. 736, IT IS PROVIDED THAT:

"THE APPLICATION OF ANY PERSON FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE ADMISSION OF THE APPLICANT THEREUNDER SHALL BE AND CONSTITUTE A VALID AND BINDING CONTRACT BETWEEN SUCH APPLICANT AND THE BOARD OF MANAGERS OF SAID HOME THAT ON THE DEATH OF SAID APPLICANT WHILE A MEMBER OF SUCH HOME, LEAVING NO HEIRS AT LAW NOR NEXT OF KIN, ALL PERSONAL PROPERTY OWNED BY SAID APPLICANT AT THE TIME OF HIS DEATH, INCLUDING MONEY OR CHOSES IN ACTION HELD BY HIM AND NOT DISPOSED OF BY WILL, WHETHER SUCH PROPERTY BE THE PROCEEDS OF PENSIONS OR OTHERWISE DERIVED, SHALL VEST IN AND BECOME THE PROPERTY OF SAID BOARD OF MANAGERS FOR THE SOLE USE AND BENEFIT OF THE POST FUND OF SAID HOME, THE PROCEEDS TO BE DISPOSED OF AND DISTRIBUTED AMONG THE SEVERAL BRANCHES AS MAY BE ORDERED BY SAID BOARD OF MANAGERS, AND THAT ALL PERSONAL PROPERTY OF SAID APPLICANT SHALL, UPON HIS DEATH, WHILE A MEMBER, AT ONCE PASS TO AND VEST IN SAID BOARD OF MANAGERS, SUBJECT TO BE RECLAIMED BY ANY LEGATEE OR PERSON ENTITLED TO TAKE THE SAME BY INHERITANCE AT ANY TIME WITHIN FIVE YEARS AFTER THE DEATH OF SUCH MEMBER. THE BOARD OF MANAGERS IS DIRECTED TO SO CHANGE THE FORM OF APPLICATION FOR MEMBERSHIP AS TO GIVE REASONABLE NOTICE OF THIS PROVISION TO EACH APPLICANT, AND AS TO CONTAIN THE CONSENT OF THE APPLICANT TO ACCEPT MEMBERSHIP UPON THE CONDITIONS PROVIDED IN THIS SECTION.'

THE QUESTION IS RAISED WHETHER UNDER THE TERMS OF THIS STATUTE ITS PROVISIONS COULD LEGALLY BE APPLIED TO HOSPITALIZED PENSIONERS DYING IN A HOSPITAL OF THE ADMINISTRATION OTHER THAN A FORMER BRANCH OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

IN THIS CONNECTION, YOU ARE ADVISED THAT UNDER VETERANS REGULATIONS NO. 61 (C) DOMICILIARY CARE IS NOW FURNISHED AT ALL VETERANS' ADMINISTRATION FACILITIES EQUIPPED FOR THE PURPOSE.

THE ACT OF JULY 3, 1930, 46 STAT. 1016, PROVIDES, IN PART, AS FOLLOWS:

(A) THAT THE PRESIDENT IS AUTHORIZED, BY EXECUTIVE ORDER, TO CONSOLIDATE AND COORDINATE ANY HOSPITALS AND EXECUTIVE AND ADMINISTRATIVE BUREAUS, AGENCIES, OR OFFICES, ESPECIALLY CREATED FOR OR CONCERNED IN THE ADMINISTRATION OF THE LAWS RELATING TO THE RELIEF AND OTHER BENEFITS PROVIDED BY LAW FOR FORMER MEMBERS OF THE MILITARY AND NAVAL ESTABLISHMENTS OF THE UNITED STATES, INCLUDING THE BUREAU OF PENSIONS, THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AND THE UNITED STATES VETERANS' BUREAU, INTO AN ESTABLISHMENT TO BE KNOWN AS THE VETERANS' ADMINISTRATION, AND TO TRANSFER THE DUTIES, POWERS, AND FUNCTIONS NOW VESTED BY LAW IN THE HOSPITALS, BUREAUS, AGENCIES, OR OFFICES SO CONSOLIDATED AND COORDINATED, INCLUDING THE PERSONNEL THEREOF, AND THE WHOLE OR ANY PART OF THE RECORDS AND PUBLIC PROPERTY BELONGING THERETO TO THE VETERANS' ADMINISTRATION.

(B) UNDER THE DIRECTION OF THE PRESIDENT THE ADMINISTRATOR OF VETERANS' AFFAIRS SHALL HAVE THE POWER, BY ORDER OR REGULATION, TO CONSOLIDATE, ELIMINATE, OR REDISTRIBUTE THE FUNCTIONS OF THE BUREAUS, AGENCIES, OFFICES, OR ACTIVITIES IN THE VETERANS' ADMINISTRATION AND TO CREATE NEW ONES THEREIN, AND, BY RULES AND REGULATIONS NOT INCONSISTENT WITH LAW, SHALL FIX THE FUNCTIONS THEREOF AND THE DUTIES AND POWERS OF THEIR RESPECTIVE EXECUTIVE HEADS.

"SEC. 2. THERE SHALL BE AT THE HEAD OF SUCH VETERANS' ADMINISTRATION AN ADMINISTRATOR TO BE KNOWN AS THE ADMINISTRATOR OF VETERANS' AFFAIRS, WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. SUCH ADMINISTRATOR SHALL RECEIVE A SALARY OF $12,000 A YEAR, PAYABLE MONTHLY. UPON THE ESTABLISHMENT OF SUCH VETERANS' ADMINISTRATION ALL THE FUNCTIONS, POWERS, AND DUTIES NOW CONFERRED BY LAW UPON THE COMMISSIONER OF PENSIONS, THE BOARD OF MANAGERS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AND THE DIRECTOR OF THE UNITED STATES VETERANS' BUREAU, ARE HEREBY CONFERRED UPON AND VESTED IN THE ADMINISTRATOR OF VETERANS' AFFAIRS. SUCH ADMINISTRATOR, UNDER THE DIRECTION OF THE PRESIDENT, SHALL HAVE THE CONTROL, DIRECTION, AND MANAGEMENT OF THE VARIOUS AGENCIES AND ACTIVITIES ENUMERATED IN AND REFERRED TO IN SECTION 1 OF THIS ACT, AND SHALL BE CHARGED WITH ALL THE ADMINISTRATIVE DUTIES RELATING TO THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE BUREAU OF PENSIONS NOW IMPOSED BY LAW UPON THE SECRETARY OF WAR AND THE SECRETARY OF THE INTERIOR, RESPECTIVELY. * * *

SEC. 5. (A) WHEN THE CONSOLIDATION AND COORDINATION HEREIN PROVIDED FOR SHALL HAVE BEEN EFFECTED IN THE VETERANS' ADMINISTRATION THE PRESIDENT SHALL SO DECLARE BY PROCLAMATION OR ORDER, WHEREUPON THE CORPORATION KNOWN AS THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE BOARD OF MANAGERS SHALL CEASE TO EXIST.

SEC. 7. ALL LAWS RELATING TO THE BUREAU OF PENSIONS, THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, AND THE UNITED STATES VETERANS' BUREAU, AND OTHER GOVERNMENTAL BUREAUS, AGENCIES, OFFICES, AND ACTIVITIES HEREIN AUTHORIZED AND DIRECTED TO BE CONSOLIDATED, SO FAR AS THE SAME ARE APPLICABLE, SHALL REMAIN IN FULL FORCE AND EFFECT, EXCEPT AS HEREIN MODIFIED, AND SHALL BE ADMINISTERED BY THE ADMINISTRATOR, EXCEPT THAT SECTION 4835 OF THE REVISED STATUTES IS HEREBY REPEALED.

THE CONSOLIDATION AUTHORIZED BY THE ACT, SUPRA, WAS EFFECTED BY EXECUTIVE ORDER NO. 5398, DATED JULY 21, 1930.

THE DISPOSITION OF PENSION MONEYS PRESCRIBED BY THE 1902 ACT QUOTED IN YOUR LETTER APPLIES ONLY TO PENSION MONEYS PAID TO THE TREASURER OF THE HOME TO BE USED FOR THE BENEFIT OF THE PENSIONER, UNDER THE PROVISIONS OF SECTION 2 OF THE ACT OF FEBRUARY 26, 1881, 21 STAT. 350, REENACTED BY THE ACT OF AUGUST 7, 1882, 22 STAT. 322, WHICH, SO FAR AS HERE MATERIAL, READS AS FOLLOWS:

THAT ALL PENSIONS AND ARREARS OF PENSIONS PAYABLE OR TO BE PAID TO PENSIONERS WHO ARE OR MAY BECOME INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS (VETERANS' ADMINISTRATION HOMES) SHALL BE PAID TO THE TREASURERS OF SAID HOME, TO BE APPLIED BY SUCH TREASURERS AS PROVIDED BY LAW, UNDER THE RULES AND REGULATIONS OF SAID HOME. SAID PAYMENTS SHALL BE MADE BY THE PENSION AGENT (DISBURSING OFFICER) UPON A CERTIFICATE OF THE PROPER OFFICER OF THE HOME THAT THE PENSIONER IS AN INMATE THEREOF ON THE DAY TO WHICH SAID PENSION IS DRAWN. * * *

IT IS STATED IN YOUR LETTER, SUPRA, THAT PAYMENTS OF PENSIONS TO COMPETENT MEMBERS OF THE NATIONAL HOME ARE NOW MADE BY CHECKS DRAWN DIRECTLY TO THE PENSIONERS UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF AUGUST 17, 1912, 37 STAT. 312, WHICH MAKES THE DELIVERY OF THE CHECK TO THE PENSIONER THE PIVOTAL FACT WHICH CHANGES THE CHARACTER OF THE PENSION CHECK FROM ACCRUED PENSION TO ASSETS OF THE PENSIONER'S ESTATE. SEE IN THIS CONNECTION 19 COMP. DEC. 423; ID. 529; 4 COMP. GEN. 310; ID. 752. THE STATUTE LAST REFERRED TO PROVIDES AS FOLLOWS:

SEC. 3. THAT NO LATER THAN JANUARY FIRST, NINETEEN HUNDRED AND THIRTEEN, PENSIONS SHALL BE PAID BY CHECKS DRAWN, UNDER THE DIRECTION OF THE SECRETARY OF THE INTERIOR, IN SUCH FORM AS TO PROTECT THE UNITED STATES AGAINST LOSS, WITHOUT SEPARATE VOUCHERS OR RECEIPTS, AND PAYABLE BY THE PROPER ASSISTANT TREASURER OR DESIGNATED DEPOSITARY, EXCEPT IN THE CASE OF ANY PENSIONER IN WHICH THE LAW AUTHORIZES THE PENSION TO BE PAID TO SOME PERSON OTHER THAN THE PENSIONER, OR IN WHICH THE SECRETARY OF THE INTERIOR MAY CONSIDER A VOUCHER NECESSARY FOR THE PROTECTION OF THE GOVERNMENT. SUCH CHECKS SHALL BE TRANSMITTED BY MAIL TO THE PAYEE THEREOF AT HIS LAST KNOWN ADDRESS.

THE 1912 STATUTE QUOTED CHANGED THE METHOD OF PAYMENT WITH RESPECT TO THE PAYMENT OF PENSIONS TO OTHERS THAN THE INMATES OF HOMES, BUT LEFT IN FORCE THE ACT OF 1882 AS TO THE METHOD OF PAYMENT OF PENSIONS TO INMATES. DURACK ET AL. V. NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, 44 FED./2D) 516 (517). IN THAT CONNECTION ATTENTION IS INVITED PARTICULARLY TO THE PROVISIONS OF SECTION 6 OF THE 1912 ACT, 37 STAT. 313, READING AS FOLLOWS:

THAT NOTHING IN THIS ACT SHALL BE CONSTRUED AS AMENDING OR REPEALING THAT PORTION OF THE SUNDRY CIVIL APPROPRIATION ACT FOR THE FISCAL YEAR EIGHTEEN HUNDRED AND EIGHTY-THREE (STATUTES AT LARGE, VOLUME TWENTY TWO, PAGE THREE HUNDRED AND TWENTY-TWO) CONCERNING THE PAYMENT OF PENSIONS DUE INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

SINCE THE 1882 ACT HERETOFORE QUOTED REQUIRES THAT ALL PENSIONS AND ARREARS OF PENSIONS PAYABLE OR TO BE PAID TO PENSIONERS WHO ARE OR MAY BECOME INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS (VETERANS' ADMINISTRATION HOMES OR FACILITIES) SHALL BE PAID TO THE TREASURERS OF SAID HOME--- WHICH ACT DOES NOT APPEAR TO HAVE BEEN REPEALED, MODIFIED, OR SUPERSEDED--- AND HAVING IN VIEW (1) THE PROVISIONS OF SECTION 1 (B) OF THE ACT OF JULY 3, 1930, THAT THE ,ADMINISTRATOR OF VETERANS' AFFAIRS SHALL HAVE THE POWER * * * TO REDISTRIBUTE THE FUNCTIONS OF THE BUREAUS, AGENCIES, OFFICES, OR ACTIVITIES IN THE VETERANS' ADMINISTRATION AND TO CREATE NEW ONES THEREIN" (2) THAT THE 1930 ACT SPECIFICALLY PROVIDES UNDER SECTION 7 THEREOF THAT "ALL LAWS RELATING TO THE BUREAU OF PENSIONS, THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS * * * SHALL REMAIN IN FULL FORCE AND EFFECT, (3) THAT SECTION 5 (A) OF THE SAID 1930 ACT PROVIDES, ALSO, THAT THE CORPORATION KNOWN AS THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS SHALL CEASE TO EXIST UPON THE CONSOLIDATION OF THE ACTIVITIES NAMED IN THE ACT, AND, FURTHERMORE, IT APPEARING THAT THE FORMER NATIONAL HOMES AS SUCH HAVE LOST THEIR IDENTITY, I.E., SAID HOMES ARE NOW KNOWN AS VETERANS' ADMINISTRATION FACILITIES--- AND THAT BY VETERANS' REGULATIONS 6 (C) DOMICILIARY CARE IS NOW FURNISHED TO PENSIONERS AT ALL VETERANS' ADMINISTRATION FACILITIES EQUIPPED FOR THE PURPOSE--- A FACT STATED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER--- THUS ESTABLISHING AS IT WERE A REDISTRIBUTION OF THE FUNCTIONS OF FORMER NATIONAL HOMES AND/OR THE CREATION OF NEW ONES WITHIN THE MEANING OF THE 1930 ACT, IT MUST BE HELD THAT THERE IS NO AUTHORITY OF LAW FOR MAKING PAYMENTS OF PENSION DIRECT TO PENSIONERS WHERE SUCH PENSIONERS MAY BE OR ARE RECEIVING DOMICILIARY CARE IN A VETERANS' ADMINISTRATION FACILITY SUCH AS WAS FORMERLY FURNISHED IN A NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS. THE PRACTICE REFERRED TO, THEREFORE, SHOULD, UNDER EXISTING LAW, BE DISCONTINUED IMMEDIATELY.

IN ANSWER TO YOUR FIRST QUESTION, SINCE UNDER EXISTING STATUTES PAYMENTS OF PENSIONS TO PENSIONERS WHO ARE RECEIVING DOMICILIARY CARE IN A VETERANS' ADMINISTRATION FACILITY--- SUCH AS WAS FORMERLY FURNISHED BY THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS--- ARE REQUIRED TO BE PAID TO THE TREASURER OF THE FACILITY, YOU ARE ADVISED THAT THE ACT OF JULY 1, 1902, APPLIES TO ALL PENSION OF A DECEASED MEMBER OF THE FACILITY WHERE SUCH PENSION MONEY MAY BE IDENTIFIED AS THAT REQUIRED TO BE PAID UNDER EXISTING STATUTE TO THE TREASURER OF THE FACILITY--- AND FOR THE PURPOSE OF THE INSTANT MATTER THE PENSION MONEY WOULD INCLUDE SUCH AS MAY HAVE BEEN ERRONEOUSLY PAID TO HIM DIRECT. SEE 14 COMP. GEN. 115; ALSO, A- 56259, DATED OCTOBER 15, 1934. FOR THE REASONS HERETOFORE STATED, YOU ARE ADVISED IN ANSWER TO YOUR SECOND QUESTION THAT THE PROVISIONS OF THE ACT OF JUNE 25, 1910, 36 STAT. 736--- LIKEWISE CONTINGENT UPON THE APPLICATION OF THE 1882 STATUTE--- ARE PROPERLY FOR APPLICATION TO HOSPITALIZED PENSIONERS WHO DIE IN HOSPITALS OF THE ADMINISTRATION OTHER THAN A FORMER BRANCH OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS WHERE PAYMENT OF HIS PENSION IS GOVERNED BY THE 1882 ACT.

IN THE CONSIDERATION OF THE MATTER PRESENTED IN YOUR LETTER, THERE HAVE NOT BEEN OVERLOOKED THE PROVISIONS OF SECTION 17 OF TITLE I OF THE ACT OF MARCH 20, 1933, 48 STAT. 11, PROVIDING, AMONG OTHER THINGS, FOR THE REPEAL OF THE PUBLIC LAWS "GRANTING" CERTAIN BENEFITS TO VETERANS. THE 1882, 1902, AND 1910 STATUTES HERE INVOLVED DO NOT RELATE TO THE "GRANTING" OF BENEFITS BUT RELATE RATHER TO THE DISPOSITION OF THE BENEFITS AFTER THEY HAVE BEEN GRANTED. HENCE, IT COULD NOT BE SERIOUSLY CONTENDED THAT THESE PROCEDURAL STATUTES ARE IN ANY WISE AFFECTED BY THE 1933 ACT. SEE IN THIS CONNECTION SECTION 33, AND THE LAST PARAGRAPH OF SECTION 30 TO TITLE III OF THE ACT OF MARCH 28, 1934, 48 STAT. 526.