A-70984, JUNE 29, 1936, 15 COMP. GEN. 1138

A-70984: Jun 29, 1936

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THE PROVISIONS OF SECTION 14 (A) THEREOF RELATIVE TO THE PURCHASE OF BITUMINOUS COAL BY THE UNITED STATES ARE NO LONGER FOR APPLICATION. VOUCHERS SUBMITTED COVERING SUCH PURCHASES MAY BE PAID NOTWITHSTANDING THE REFUSAL OF THE VENDOR TO CERTIFY THAT THE COAL WAS PRODUCED AT A COMPLYING PRODUCER'S MINE. WHICH REFUSED TO CERTIFY THAT THE COAL WAS PRODUCED AT A MINE WHERE THE PRODUCER WAS COMPLYING WITH REQUIREMENTS OF SECTION 4 OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935. DECLARING UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE ACT AND OF THE FAILURE OF ENACTMENT OF THE PROPOSED SUBSTITUTE MEASURE WHICH WAS BEFORE THE CONGRESS DURING THE SESSION JUST CLOSED. THE PROVISIONS OF SECTION 14 (A) OF THE ACT RELATIVE TO THE PURCHASE OF BITUMINOUS COAL BY THE UNITED STATES ARE NO LONGER FOR APPLICATION.

A-70984, JUNE 29, 1936, 15 COMP. GEN. 1138

COAL PURCHASE PAYMENT - BITUMINOUS COAL CONSERVATION ACT, 1935 - UNCONSTITUTIONALITY OF COAL PURCHASE PROVISIONS - VENDOR'S COMPLIANCE REFUSAL THE SUPREME COURT OF THE UNITED STATES HAVING HELD UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935, 49 STAT. 991, THE PROVISIONS OF SECTION 14 (A) THEREOF RELATIVE TO THE PURCHASE OF BITUMINOUS COAL BY THE UNITED STATES ARE NO LONGER FOR APPLICATION, AND VOUCHERS SUBMITTED COVERING SUCH PURCHASES MAY BE PAID NOTWITHSTANDING THE REFUSAL OF THE VENDOR TO CERTIFY THAT THE COAL WAS PRODUCED AT A COMPLYING PRODUCER'S MINE.

COMPTROLLER GENERAL MCCARL TO MAJOR E. C. MORTON, UNITED STATES ARMY, JUNE 29, 1936:

BY FIRST ENDORSEMENT DATED FEBRUARY 10, 1936, THE CHIEF OF FINANCE TRANSMITTED TO THIS OFFICE YOUR LETTER OF FEBRUARY 5, 1936, REQUESTING DECISION AS TO AUTHORITY FOR MAKING PAYMENT ON A VOUCHER SUBMITTED THEREWITH COVERING THE PURCHASE OF BITUMINOUS COAL FOR USE BY THE CIVILIAN CONSERVATION CORPS FROM THE NEW RIVER AND POCAHONTAS CONSOLIDATED COAL CO., A VENDOR, WHICH REFUSED TO CERTIFY THAT THE COAL WAS PRODUCED AT A MINE WHERE THE PRODUCER WAS COMPLYING WITH REQUIREMENTS OF SECTION 4 OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935.

IN VIEW OF THE DECISION OF THE SUPREME COURT OF THE UNITED STATES DATED MAY 18, 1936, IN CARTER V. CARTER COAL CO. ET AL., DECLARING UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE ACT AND OF THE FAILURE OF ENACTMENT OF THE PROPOSED SUBSTITUTE MEASURE WHICH WAS BEFORE THE CONGRESS DURING THE SESSION JUST CLOSED, THE PROVISIONS OF SECTION 14 (A) OF THE ACT RELATIVE TO THE PURCHASE OF BITUMINOUS COAL BY THE UNITED STATES ARE NO LONGER FOR APPLICATION. ACCORDINGLY, THE QUESTION PRESENTED IS NOT NOW INVOLVED IN THIS CASE. PAYMENT ON THE VOUCHER, WHICH IS RETURNED, IS AUTHORIZED, IF OTHERWISE CORRECT.