A-72571, JUNE 29, 1936, 15 COMP. GEN. 1139

A-72571: Jun 29, 1936

Additional Materials:

Contact:

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

 

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

1936: THERE WAS RECEIVED YOUR LETTER OF APRIL 29. AS FOLLOWS: THERE IS INCLOSED CONTRACT COVERING THE FURNISHING OF ELECTRIC CURRENT TO THE MARINE CORPS RECEIVING STATION. IS MADE A PART THEREOF. THERE IS ALSO INCLOSED CORRESPONDENCE ENTERED INTO WITH THE SOUTH CAROLINA POWER COMPANY BY THE PURCHASE AND FINANCE OFFICER. WHICH IS SELF EXPLANATORY. IT IS REQUESTED THAT THIS OFFICE BE ADVISED WHAT STEPS SHOULD NOW BE TAKEN IN VIEW OF THE REQUIREMENTS OF YOUR DECISION NO. BEARING IN MIND THAT THE SERVICE IN QUESTION IS A PUBLIC NECESSITY. RETURN OF THE CONTRACT IS REQUESTED. HOLDING UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935 AND THE FAILURE OF ENACTMENT OF THE PROPOSED SUBSTITUTE MEASURE WHICH WAS BEFORE THE CONGRESS AT THE SESSION JUST CLOSED.

A-72571, JUNE 29, 1936, 15 COMP. GEN. 1139

CONTRACTS - EXECUTION - BITUMINOUS COAL CONSERVATION ACT, 1935 - UNCONSTITUTIONALITY OF COAL PURCHASE PROVISIONS 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 (B) THEREOF, PROHIBITING THE CONTRACTOR IN SPECIFIED TYPES OF GOVERNMENT CONTRACTS FROM PURCHASING BITUMINOUS COAL TO USE ON OR IN THE CARRYING OUT OF THE CONTRACT FROM ANY BUT A CODE MEMBER PRODUCER, NEED NO LONGER BE INCLUDED IN SUCH CONTRACTS.

COMPTROLLER GENERAL MCCARL TO THE QUARTERMASTER, HEADQUARTERS, UNITED STATES MARINE CORPS, JUNE 29, 1936:

THERE WAS RECEIVED YOUR LETTER OF APRIL 29, 1936, WITH REFERENCE TO YOUR LETTER OF MARCH 17, 1936, AS FOLLOWS:

THERE IS INCLOSED CONTRACT COVERING THE FURNISHING OF ELECTRIC CURRENT TO THE MARINE CORPS RECEIVING STATION, YEMASSEE, S.C., DURING THE PERIOD 7 DECEMBER 1935 TO 30 JUNE 1936, WHICH THE SOUTH CAROLINA POWER COMPANY, CHARLESTON, S.C., REFUSES TO EXECUTE IF THE PROVISION REQUIRED BY SECTION 14 (B) OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935, APPROVED 30 AUGUST 1935, 49 STAT. 1007, IS MADE A PART THEREOF. THERE IS ALSO INCLOSED CORRESPONDENCE ENTERED INTO WITH THE SOUTH CAROLINA POWER COMPANY BY THE PURCHASE AND FINANCE OFFICER, MARINE BARRACKS, PARRIS ISLAND, S.C., AND THIS OFFICE, WHICH IS SELF EXPLANATORY. IN VIEW OF THE STATEMENT MADE BY THIS COMPANY IN THEIR LETTER OF 12 MARCH 1936, COPY INCLOSED, REPLYING TO THAT FROM THIS OFFICE OF 10 MARCH 1936, NO. 201-5, COPY ALSO INCLOSED, IT IS REQUESTED THAT THIS OFFICE BE ADVISED WHAT STEPS SHOULD NOW BE TAKEN IN VIEW OF THE REQUIREMENTS OF YOUR DECISION NO. A-67002, DATED 2 JANUARY 1936, BEARING IN MIND THAT THE SERVICE IN QUESTION IS A PUBLIC NECESSITY.

RETURN OF THE CONTRACT IS REQUESTED.

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., HOLDING UNCONSTITUTIONAL CERTAIN PROVISIONS OF THE BITUMINOUS COAL CONSERVATION ACT OF 1935 AND THE FAILURE OF ENACTMENT OF THE PROPOSED SUBSTITUTE MEASURE WHICH WAS BEFORE THE CONGRESS AT THE SESSION JUST CLOSED, THE DECISION OF JANUARY 2, 1936, A-67002, 15 COMP. GEN. 577, IS NO LONGER FOR APPLICATION AND THE CONTRACT IN QUESTION, IF OTHERWISE CORRECT, MAY BE EXECUTED WITHOUT THE PROVISION SET FORTH IN SECTION 14 (B) OF THE ACT. THE CONTRACT IS RETURNED.