A-81214, JANUARY 13, 1938, 17 COMP. GEN. 566

A-81214: Jan 13, 1938

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IS AUTHORIZED. COPY OF WHICH IS HERETO ATTACHED. IT IS MY DISPOSITION TO PERMIT THIS VETERAN ENROLLEE TO DESIGNATE HIS WIFE AS ALLOTTEE. ARE VISITING THE WIFE'S MOTHER AT SCARBOROUGH. MY ATTENTION IS CALLED TO COMPTROLLER GENERAL'S DECISION OF OCTOBER 4. TO BE A CLEAR DISTINCTION IN THE FACTS OF THE TWO CASES: THERE THE ALLOTTEE WAS THE MOTHER OF THE ENROLLEE. THE PROPOSED ALLOTTEE IS A CITIZEN OF THE UNITED STATES. IS THE WIFE OF THE ENROLLEE. IT WILL ALSO BE OBSERVED THAT THE "PURPOSE" STATED IN THE ACT OF MARCH 31. IS QUITE DIFFERENT FROM THE "PURPOSE" STATED IN THE ACT OF JUNE 28. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER OR NOT AN APPROVAL BY ME OF THE REQUESTED ALLOTMENT IS AUTHORIZED.

A-81214, JANUARY 13, 1938, 17 COMP. GEN. 566

CIVILIAN CONSERVATION CORPS - MEMBERS' ALLOTMENT TO WIFE IN FOREIGN COUNTRY - WAIVER AND AMENDMENT OF STATUTORY REGULATIONS THE EXISTING REGULATIONS GOVERNING ALLOTMENTS OF PAY BY ENROLLEES OF THE CIVILIAN CONSERVATION CORPS, ISSUED PURSUANT TO AND IN EXECUTION OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, CANNOT BE WAIVED IN AN INDIVIDUAL CASE TO AUTHORIZE A VETERAN ENROLLEE TO MAKE AN ALLOTMENT OF PAY TO HIS WIFE RESIDING IN A FOREIGN COUNTRY, BUT AN AMENDMENT OF SUCH STATUTORY REGULATIONS, NOT INCONSISTENT WITH THE STATUTE AND NOT TO OPERATE RETROACTIVELY, TO ALLOW AN ALLOTMENT IN SUCH EXCEPTIONAL CASES, IS AUTHORIZED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE DIRECTOR, CIVILIAN CONSERVATION CORPS, JANUARY 13, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 6, 1937, AS FOLLOWS:

THERE HAS BEEN REFERRED TO ME BY THE HONORABLE ELMER THOMAS, UNITED STATES SENATOR FROM OKLAHOMA, A LETTER FROM VETERAN ENROLLEE B. W. STALLINGS, CIVILIAN CONSERVATION CORPS, COMPANY 3816, HOBART, KANSAS, COPY OF WHICH IS HERETO ATTACHED.

UNDER THE CIRCUMSTANCES DETAILED, IT IS MY DISPOSITION TO PERMIT THIS VETERAN ENROLLEE TO DESIGNATE HIS WIFE AS ALLOTTEE, WHO, TOGETHER WITH THEIR FIVE CHILDREN AS STATED IN THE LETTER, ARE VISITING THE WIFE'S MOTHER AT SCARBOROUGH, ENGLAND, AND ASSISTING IN CARING FOR THE LATTER WHO HAS BEEN ILL, PROVIDED THE PAYMENT UNDER SUCH DESIGNATION CAN PROPERLY BE MADE.

MY ATTENTION IS CALLED TO COMPTROLLER GENERAL'S DECISION OF OCTOBER 4, 1935, 15 COMP. GEN. 268, TOUCHING THIS SUBJECT. THERE APPEARS, HOWEVER, TO BE A CLEAR DISTINCTION IN THE FACTS OF THE TWO CASES: THERE THE ALLOTTEE WAS THE MOTHER OF THE ENROLLEE, AND A RESIDENT OF A FOREIGN COUNTRY, WHEREAS IN THE INSTANT APPLICATION, THE PROPOSED ALLOTTEE IS A CITIZEN OF THE UNITED STATES, TEMPORARILY SOJOURNING IN ENGLAND ON THE MISSION INDICATED, AND IS THE WIFE OF THE ENROLLEE.

IT WILL ALSO BE OBSERVED THAT THE "PURPOSE" STATED IN THE ACT OF MARCH 31, 1933, 48 STAT. 22, IS QUITE DIFFERENT FROM THE "PURPOSE" STATED IN THE ACT OF JUNE 28, 1937, PUBLIC NO. 163, 75TH CONGRESS, CHAP. 383, 1ST SESSION, ESTABLISHING THE CIVILIAN CONSERVATION CORPS, ALTHOUGH THE LANGUAGE OF THE REGULATIONS TOUCHING THE QUESTION OF ALLOTMENTS REMAINS THE SAME.

YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER OR NOT AN APPROVAL BY ME OF THE REQUESTED ALLOTMENT IS AUTHORIZED.

MR. STALLINGS' LETTER TO SENATOR THOMAS, INCLOSED WITH YOUR LETTER, IS AS FOLLOWS:

I AM A RESIDENT OF GAGE, OKLAHOMA, AND AM ENROLLED IN THIS VETERAN'S CCC CAMP HERE AT HOBART, OKLAHOMA, SINCE AUGUST 1935.

MY WIFE IS AN AMERICAN BY MARRIAGE AS WE WERE MARRIED SEPTEMBER 2, 1918, SHE IS NOW AT SCARBOROUGH, ENGLAND, TAKING CARE OF HER MOTHER WHO HAS BEEN SICK, HER AND OUR FIVE CHILDREN LEFT HERE (GAGE, OKLA.) APRIL 1, 1935, TRAVELING ON AN AMERICAN PASSPORT. AT PRESENT I AM NOT PERMITTED TO SEND MY ALLOTMENT TO HER IN ENGLAND AND HAVE TO DEPOSIT WITH THE QUARTERMASTER FUND, THIS ACCOUNT A RULING IN THE CCC REGULATIONS WHICH DOES NOT PERMIT RELIEF MONEY TO BE SENT TO ANY FOREIGN COUNTRY AND I HAVE BEEN UNABLE TO SEND HER ANY MONEY SINCE JANUARY 1937.

WILL YOU PLEASE HANDLE TO SEE IF AN EXCEPTION CANNOT BE MADE TO THIS RULING IN MY CASE, AS HER MOTHER IN SCARBOROUGH, ENGLAND, WHILE HAVING A LITTLE PROPERTY, IS NOT FINANCIALLY ABLE TO SUPPORT MY WIFE AND CHILDREN WHILE SHE IS VISITING THERE AND SHE IS VERY MUCH IN NEED OF THIS ALLOTMENT MONEY.

WILL APPRECIATE YOUR HANDLING THIS VERY MUCH, AS MY WIFE IS AN AMERICAN CITIZEN, HAVING IN HER POSSESSION AN AMERICAN PASSPORT, AND OF COURSE THE FIVE CHILDREN ARE ALL AMERICAN BY BIRTH AND INCLUDED ON THIS PASSPORT, THANKING YOU FOR PAST FAVORS AND ANYTHING YOU MAY DO FOR ME IN THIS CASE, I AM,

UNDER DATE OF NOVEMBER 12, 1936, A-81214, THE CASE OF THIS ENROLLEE WAS THE SUBJECT OF A LETTER TO THE SECRETARY OF WAR (COPY INCLOSED).

BY LETTER OF FEBRUARY 10, 1937, THE SECRETARY OF WAR ADVISED THAT, AFTER INVESTIGATION, THE ALLOTMENT OF ENROLLEE STALLINGS TO HIS WIFE RESIDING IN ENGLAND HAD BEEN DISCONTINUED.

IN 15 COMP. GEN. 268, IT WAS SAID:

THE ACT OF MARCH 31, 1933, 48 STAT. 22, WAS ENACTED "FOR THE PURPOSE OF RELIEVING THE ACUTE CONDITION OF WIDESPREAD DISTRESS AND UNEMPLOYMENT NOW EXISTING IN THE UNITED STATES," AND THE AUTHORITY OF THE PRESIDENT UNDER THIS ACT WAS EXTENDED TO MARCH 31, 1937, UNDER SECTION 14 OF THE ACT OF APRIL 8, 1935, 49 STAT. 119. WAR DEPARTMENT REGULATION DATED SEPTEMBER 30, 1933, RELATING TO THE CIVILIAN CONSERVATION CORPS, * * * PROVIDES UNDER SECTION 22 (B) (2) THAT---

"* * * NO ALLOTMENT WILL BE PAID TO AN ALLOTTEE RESIDENT IN A FOREIGN COUNTRY.'

THIS REGULATION HAS BEEN CARRIED FORWARD IN SUBSEQUENT ISSUES OF THE REGULATIONS AND APPEARS TO EMBODY THE APPARENT INTENT OF THE ACT, SUPRA, THAT PAYMENT OF CIVILIAN CONSERVATION CORPS FUNDS SHOULD BE FOR THE PURPOSE OF RELIEVING UNEMPLOYMENT AND DISTRESS OF PERSONS RESIDING IN THIS COUNTRY. * * *

THE ACT OF JUNE 28, 1937, 50 STAT. 319 AND 320 PROVIDES, IN PART, AS FOLLOWS:

THAT THERE IS HEREBY ESTABLISHED THE CIVILIAN CONSERVATION CORPS, HEREINAFTER CALLED THE CORPS, FOR THE PURPOSE OF PROVIDING EMPLOYMENT, AS WELL AS VOCATIONAL TRAINING, FOR YOUTHFUL CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED AND IN NEED OF EMPLOYMENT, AND TO A LIMITED EXTENT AS HEREINAFTER SET OUT, FOR WAR VETERANS AND INDIANS, THROUGH THE PERFORMANCE OF USEFUL PUBLIC WORK IN CONNECTION WITH THE CONSERVATION AND DEVELOPMENT OF THE NATURAL RESOURCES OF THE UNITED STATES, ITS TERRITORIES, AND INSULAR POSSESSIONS: PROVIDED, THAT AT LEAST TEN HOURS EACH WEEK MAY BE DEVOTED TO GENERAL EDUCATIONAL AND VOCATIONAL TRAINING: PROVIDED, THAT THE PROVISIONS OF THIS ACT SHALL CONTINUE FOR THE PERIOD OF THREE YEARS AFTER JULY 1, 1937, AND NO LONGER.

SEC. 7. THE DIRECTOR IS AUTHORIZED TO HAVE ENROLLED NOT TO EXCEED THREE HUNDRED THOUSAND MEN AT ANY ONE TIME, OF WHICH NOT MORE THAN THIRTY THOUSAND MAY BE WAR VETERANS: * * *

SEC. 8. THE ENROLLEES IN THE CORPS (OTHER THAN WAR VETERANS * * *) SHALL BE UNMARRIED MALE CITIZENS OF THE UNITED STATES BETWEEN THE AGES OF SEVENTEEN AND TWENTY-THREE YEARS, BOTH INCLUSIVE, AND SHALL AT THE TIME OF ENROLLMENT BE UNEMPLOYED AND IN NEED OF EMPLOYMENT: * * * PROVIDED FURTHER, THAT ENROLLMENTS SHALL BE FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND REENROLLMENTS (EXCEPT * * * WAR VETERANS) SHALL NOT EXCEED A TOTAL TERM OF TWO YEARS: * * *

SEC. 9. THE COMPENSATION OF ENROLLEES SHALL BE IN ACCORDANCE WITH SCHEDULES APPROVED BY THE PRESIDENT, AND ENROLLEES WITH DEPENDENT MEMBER OR MEMBERS OF THEIR FAMILIES SHALL BE REQUIRED, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE DIRECTOR, TO MAKE ALLOTMENTS OF PAY TO SUCH DEPENDENTS. * * *

PARAGRAPH 33 (A) (2), WAR DEPARTMENT REGULATIONS, RELIEF OF UNEMPLOYMENT, CIVILIAN CONSERVATION CORPS, MAY 15, 1935, CORRESPONDS TO PARAGRAPH 22 (B) (2) OF THE REGULATIONS DATED SEPTEMBER 30, 1933, REFERRED TO IN 15 COMP. GEN. 268. THIS 1935 REGULATION WAS IN FORCE AFTER THE PASSAGE OF THE ACT OF JUNE 28, 1937, SUPRA, UNTIL OCTOBER 1, 1937, WHEN CHANGES NO. 77, AMENDING PARAGRAPH 33, WERE PROMULGATED AND BECAME EFFECTIVE.

PARAGRAPH 33E OF THE REGULATIONS, AS CHANGED BY CHANGES NO. 77, PROVIDES IN LANGUAGE IDENTICAL WITH THAT OF THE FORMER REGULATION THAT --

* * * NO ALLOTMENT WILL BE PAID TO AN ALLOTTEE RESIDENT IN A FOREIGN COUNTRY.

PARAGRAPH 33B (2) OF THE REGULATIONS OF MAY 15, 1933 (WITH RELATION TO DEPOSITS OF VETERANS), WAS AMENDED BY CHANGES NO. 45, AUGUST 4, 1936, TO READ AS FOLLOWS:

(2) VETERANS WHO HAVE DEPENDENTS, BUT WHO HAVE MADE NO ALLOTMENTS THERETO, MAY WITHDRAW DEPOSITS DUE THEM AS PRESCRIBED IN (1) ABOVE, AND, IN ADDITION, MAY MAKE WITHDRAWALS TO MEET LIVING EXPENSES OF THEIR FAMILIES RESIDING WITHIN THE UNITED STATES, UPON PROOF THAT THE NEED EXISTS, BUT THEY WILL BE REQUIRED IMMEDIATELY TO EXECUTE ALLOTMENTS TO MEET FUTURE NEEDS OF THEIR DEPENDENTS.

THE LAST QUOTED PARAGRAPH IS NOT REPEATED IN THE REGULATIONS AS CHANGED BY CHANGES NO. 77. PARAGRAPH 33K OF THE REGULATIONS AS NOW IN EFFECT, RELATING TO "DEPOSITS" AND "WITHDRAWALS AND REPAYMENTS OF DEPOSITS," RESPECTIVELY, MAKE NO DISTINCTION BETWEEN VETERAN AND OTHER ENROLLEES.

THE OBVIOUS PURPOSE OF ALL OF THE REGULATIONS ABOVE QUOTED IS TO PREVENT THE SENDING OF CIVILIAN CONSERVATION CORPS FUNDS OUT OF THE UNITED STATES AND TO ACCOMPLISH THE PURPOSE OF RELIEVING UNEMPLOYMENT AND DISTRESS OF PERSONS RESIDING IN THIS COUNTRY.

THE REGULATIONS WERE MADE PURSUANT TO AND IN EXECUTION OF THE ACT OF JUNE 28, 1937, SUPRA, AND ARE, THEREFORE, STATUTORY REGULATIONS AND HAVE THE SAME FORCE AND EFFECT AS THE STATUTE ITSELF. IT HAS BEEN HELD THAT AMENDMENT OR MODIFICATION OF SUCH STATUTORY REGULATIONS IS PERMISSIBLE PROVIDED SAID AMENDMENTS OR MODIFICATIONS ARE NOT INCONSISTENT WITH THE STATUTE, BUT THAT THEY CANNOT BE WAIVED IN INDIVIDUAL CASES, AND THAT NO AMENDMENT OR MODIFICATION CAN OPERATE RETROACTIVELY. SEE 21 COMP. DEC. 482; 26 ID. 99; 2 COMP. GEN. 342; 4 ID. 363, 364; ID. 480.

HOWEVER, THE STATUTE AUTHORIZES YOU TO PRESCRIBE REGULATIONS GOVERNING THE MAKING OF ALLOTMENTS, AND THERE IS PERCEIVED NO OBJECTION TO SUCH AMENDMENT OR MODIFICATION OF THE EXISTING REGULATIONS AS WILL PERMIT REFERENCE OF EXCEPTIONAL CASES AS TO PAYMENT OF ALLOTMENTS TO YOU OR TO SOME OTHER OFFICIAL DESIGNATED FOR THAT PURPOSE. IF AND WHEN THE REGULATIONS ARE SO AMENDED OR MODIFIED YOU MAY THEN AUTHORIZE AN ALLOTMENT IN SUCH EXCEPTIONAL CASES AS ARE COVERED BY THE MODIFIED OR AMENDED REGULATIONS.