A-10817, AUGUST 31, 1925, 5 COMP. GEN. 159

A-10817: Aug 31, 1925

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

1925: I HAVE YOUR LETTER OF AUGUST 8. IN SO FAR AS HERE MATERIAL THE STATUTE IN QUESTION PROVIDES AS FOLLOWS: IN THE EVENT THAT ALL PROVISIONS OF THE RULES AND REGULATIONS OTHER THAN THE REQUIREMENTS AS TO THE PHYSICAL CONDITION OF THE APPLICANT FOR INSURANCE HAVE BEEN COMPLIED WITH. IS HEREBY AMENDED TO READ AS FOLLOWS: * * *. THE SETTLED RULE FOR COMPUTING TIME WITHIN WHICH AN ACT IS TO BE PERFORMED IS BY EXCLUDING THE DATE OF THE EVENT FROM WHICH THE TIME IS TO BE COMPUTED. WHICH IN THIS CASE IS JUNE 7. WHICH IN THIS CASE IS JUNE 7. THE COURTS HAVE FAILED TO AGREE WHETHER THE SUNDAY SHOULD BE INCLUDED OR EXCLUDED. - * * * WHEN AN ACT IS TO BE PERFORMED WITHIN A CERTAIN NUMBER OF DAYS.

A-10817, AUGUST 31, 1925, 5 COMP. GEN. 159

WAR RISK INSURANCE - LIMITATION ON FILING APPLICATIONS FOR REINSTATEMENT THE PHRASE "WITHIN ONE YEAR AFTER THE PASSAGE OF THIS ACT" APPEARING IN THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 625, FIXING THE PERIOD WITHIN WHICH APPLICATIONS FOR REINSTATEMENT OF LAPSED OR CANCELED INSURANCE POLICIES MAY BE FILED, MEANS WITHIN ONE YEAR AFTER JUNE 7, 1924, COMPUTED BY EXCLUDING JUNE 7, 1924, AND INCLUDING JUNE 7, 1925, AND AS THE LATTER DATE FALLS ON SUNDAY, APPLICATIONS FOR REINSTATEMENT FILED ON MONDAY, JUNE 8, 1925, MAY BE GIVEN CONSIDERATION.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, AUGUST 31, 1925:

I HAVE YOUR LETTER OF AUGUST 8, 1925, REQUESTING DECISION WHETHER SUNDAY, JUNE 7, 1925, SHOULD BE INCLUDED WITHIN OR EXCLUDED FROM THE PERIOD FIXED BY SECTION 304 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 625, FOR MAKING APPLICATIONS FOR REINSTATEMENT OF LAPSED OR CANCELED POLICIES OF INSURANCE.

IN SO FAR AS HERE MATERIAL THE STATUTE IN QUESTION PROVIDES AS FOLLOWS:

IN THE EVENT THAT ALL PROVISIONS OF THE RULES AND REGULATIONS OTHER THAN THE REQUIREMENTS AS TO THE PHYSICAL CONDITION OF THE APPLICANT FOR INSURANCE HAVE BEEN COMPLIED WITH, AND (AN) APPLICATION FOR REINSTATEMENT, IN WHOLE OR IN PART, OF LAPSED OR CANCELED YEARLY RENEWABLE TERM INSURANCE OR UNITED STATES GOVERNMENT LIFE INSURANCE (CONVERTED INSURANCE) HEREAFTER MADE MAY BE APPROVED IF MADE WITHIN ONE YEAR AFTER THE PASSAGE OF THIS ACT OR WITHIN TWO YEARS AFTER THE DATE OF LAPSE OR CANCELLATION * * *.

SECTION 15 OF THE ACT OF MARCH 4, 1925, 43 STAT. 1310, PROVIDES:

SECTION 304 OF THE WORLD WAR VETERANS' ACT, 1924, APPROVED JUNE 7, 1924, IS HEREBY AMENDED TO READ AS FOLLOWS: * * *.

THEN FOLLOWS THE PORTION QUOTED ABOVE FROM THE ACT OF JUNE 7, 1924, IN IDENTICAL TERMS. CONSEQUENTLY THE PHRASE "WITHIN ONE YEAR AFTER THE PASSAGE OF THIS ACT" MEANS WITHIN ONE YEAR AFTER JUNE 7, 1924, WHICH FIXES THE LIMITATION ON FILING OF APPLICATIONS FOR REINSTATEMENT OF POLICIES NOT FILED "WITHIN TWO YEARS AFTER THE DATE OF LAPSE OR CANCELLATION.'

THE SETTLED RULE FOR COMPUTING TIME WITHIN WHICH AN ACT IS TO BE PERFORMED IS BY EXCLUDING THE DATE OF THE EVENT FROM WHICH THE TIME IS TO BE COMPUTED, WHICH IN THIS CASE IS JUNE 7, 1924, DATE OF APPROVAL OF THE ACT, AND INCLUDING THE LAST DAY OF THE NUMBER CONSTITUTING THE SPECIFIED PERIOD, WHICH IN THIS CASE IS JUNE 7, 1925, THE END OF ONE YEAR THEREAFTER. WHEN THE LAST DAY THUS INCLUDED FALLS ON SUNDAY, THE COURTS HAVE FAILED TO AGREE WHETHER THE SUNDAY SHOULD BE INCLUDED OR EXCLUDED, DECISIONS HAVING BEEN RENDERED BOTH WAYS. THIS OFFICE HAS ADOPTED THE RULINGS WHICH EXCLUDE THE SUNDAY AND PERMIT THE ACT TO BE PERFORMED ON THE FOLLOWING MONDAY. SEE MONROE CATTLE CO. V. BAKER, 147 U.S. 56, CITING SEVERAL OTHER CASES WHEREIN THE COURT STATED THE GENERAL RULES AS THAT---

* * * WHEN AN ACT IS TO BE PERFORMED WITHIN A CERTAIN NUMBER OF DAYS, AND THE LAST DAY FALLS ON SUNDAY, THE PERSON CHARGED WITH THE PERFORMANCE OF THE ACT HAS THE FOLLOWING DAY TO COMPLY WITH HIS OBLIGATION * * *.

THIS DECISION WAS FOLLOWED BY THIS OFFICE IN CONSTRUING THE ACT OF DECEMBER 11, 1919, 41 STAT. 366, LIMITING THE TIME FOR FILING APPLICATIONS FOR REFUND OF EXCESS PURCHASE MONEY PAID FOR CERTAIN PUBLIC-LAND ENTRIES. DECISION OF JUNE 12, 1925, 4 COMP. GEN. 1033, CITED BY YOU.

LIKEWISE, IN THE PRESENT CASE, JUNE 7, 1925, FALLING ON SUNDAY, CONSIDERATION MAY BE GIVEN TO APPLICATIONS FOR REINSTATEMENT OF LAPSED OR CANCELED INSURANCE POLICIES FILED ON MONDAY, JUNE 8, 1925, PROVIDED, OF COURSE, THAT THE APPLICATIONS OTHERWISE COME WITHIN THE TERMS AND CONDITIONS OF THE WORLD WAR VETERANS' ACT AS AMENDED.