B-13519, JANUARY 7, 1941, 20 COMP. GEN. 350

B-13519, JANUARY 7, 1941, 20 COMP. GEN. 350

PAY - RETAINER AND RETIRED - FLEET MARINE CORPS RESERVISTS THERE IS NOTHING IN SECTION 12 OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940--- FIXING NEW RATES OF PAY FOR CERTAIN GRADES OF ENLISTED MEN OF THE ARMY AND MARINE CORPS AND INCREASING THE PERCENTUM INCREASE FOR THE FIRST 4 YEARS OF SERVICE FOR ALL GRADES--- TO SUGGEST AN INTENTION THAT TRANSFERRED OR RETIRED MEMBERS OF THE FLEET MARINE CORPS RESERVE WHO HAVE NOT RECEIVED THE RATES OF PAY THEREIN PROVIDED, SHOULD HAVE THEIR INACTIVE PAY RECOMPUTED ON THE BASIS OF THAT ACT.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JANUARY 7, 1941:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 18, 1940, REQUESTING DECISION UPON QUESTIONS PRESENTED IN A LETTER DATED NOVEMBER 13, 1940, FROM THE PAYMASTER, UNITED STATES MARINE CORPS, AS FOLLOWS:

REFERENCE: (A)SECTION 12 OF PUBLIC NO. 783, 76TH CONGRESS, CHAPTER 720, 3RD SESSION, APPROVED SEPTEMBER 16, 1940.

1. MEMBERS OF CLASS I (B), (C), AND (D), FLEET MARINE CORPS RESERVE, TRANSFERRED THERETO PRIOR TO OCTOBER 1, 1940, ARE ENTITLED UNDER THE PROVISIONS OF SECTION 203 AND 204 OF THE NAVAL RESERVE ACT OF 1938, APPROVED 25 JUNE, 1938, TO A CERTAIN PERCENTAGE OF "THE BASE PAY THEY WERE RECEIVING AT THE TIME OF TRANSFER" PLUS FURTHER VARYING AMOUNTS.

2. UNDER THE PROVISIONS OF SECTIONS 1, 204, AND 206 OF THE ACT OF JUNE 25, 1938, FLEET MARINE CORPS RESERVISTS SHALL, UPON THE COMPLETION OF THIRTY YEARS' SERVICE OR WHEN FOUND NOT PHYSICALLY QUALIFIED UPON EXAMINATION, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR MARINE CORPS "WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE" (WITH THE EXCEPTION OF THOSE RETIRED FOR PHYSICAL DISABILITY) AND "THE ALLOWANCE TO WHICH ENLISTED MEN OF THE REGULAR MARINE CORPS ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' SERVICE.'

3.DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

(A) ARE MEMBERS OF CLASS I (B), (C), AND (D), FLEET MARINE CORPS RESERVE (16 AND 20 YEARS), TRANSFERRED THERETO PRIOR TO OCTOBER 1, 1940, ENTITLED TO HAVE THEIR PAY ACCOUNTS ADJUSTED FROM OCTOBER 1, 1940, IN ACCORDANCE WITH THE PROVISIONS OF REFERENCE (A), WHICH INCREASES THE RATES OF BASE PAY OF THE 4TH TO 7TH PAY GRADE AND PROVIDES FOR INCREASED LONGEVITY PAY AFTER THE COMPLETION OF EACH 4 YEAR PERIOD OF SERVICE?

(B) ARE RETIRED FLEET MARINE CORPS RESERVISTS, WHO WERE RETIRED PRIOR TO OCTOBER 1, 1940, ENTITLED TO HAVE THEIR PAY ACCOUNTS ADJUSTED FROM OCTOBER 1, 1940, UPON THE BASIS OF THE PAY PROVIDED IN REFERENCE (A/?

SECTION 12 OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, APPROVED SEPTEMBER 16, 1940, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

(A) THE MONTHLY BASE PAY OF ENLISTED MEN OF THE ARMY AND THE MARINE CORPS SHALL BE AS FOLLOWS: ENLISTED MEN OF THE FIRST GRADE, $126; ENLISTED MEN OF THE SECOND GRADE, $84; ENLISTED MEN OF THE THIRD GRADE, $72; ENLISTED MEN OF THE FOURTH GRADE, $60; ENLISTED MEN OF THE FIFTH GRADE, $54; ENLISTED MEN OF THE SIXTH GRADE, $36; ENLISTED MEN OF THE SEVENTH GRADE, $30; EXCEPT THAT THE MONTHLY BASE PAY OF ENLISTED MEN WITH LESS THAN FOUR MONTHS' SERVICE DURING THEIR FIRST ENLISTMENT PERIOD AND OF ENLISTED MEN OF THE SEVENTH GRADE WHOSE INEFFICIENCY OR OTHER UNFITNESS HAS BEEN DETERMINED UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF WAR, AND THE SECRETARY OF THE NAVY, RESPECTIVELY, SHALL BE $21. THE PAY FOR SPECIALISTS' RATINGS, WHICH SHALL BE IN ADDITION TO MONTHLY BASE PAY, SHALL BE AS FOLLOWS: FIRST CLASS, $30; SECOND CLASS, $25; THIRD CLASS, $20; FOURTH CLASS, $15; FIFTH CLASS, $6; SIXTH CLASS, $3. ENLISTED MEN OF THE ARMY AND THE MARINE CORPS SHALL RECEIVE, AS A PERMANENT ADDITION TO THEIR PAY, AN INCREASE OF 10 PERCENTUM OF THEIR BASE PAY AND PAY FOR SPECIALISTS' RATINGS UPON COMPLETION OF THE FIRST FOUR YEARS OF SERVICE, AND AN ADDITIONAL INCREASE OF 5 PERCENTUM OF SUCH BASE PAY AND PAY FOR SPECIALISTS' RATINGS FOR EACH FOUR YEARS OF SERVICE THEREAFTER, BUT THE TOTAL OF SUCH INCREASES SHALL NOT EXCEED 25 PERCENTUM. ENLISTED MEN OF THE NAVY SHALL BE ENTITLED TO RECEIVE AT LEAST THE SAME PAY AND ALLOWANCES AS ARE PROVIDED FOR ENLISTED MENIN SIMILAR GRADES IN THE ARMY AND MARINE CORPS.

(B) THE PAY FOR SPECIALISTS' RATING RECEIVED BY AN ENLISTED MAN OF THE ARMY OR THE MARINE CORPS AT THE TIME OF HIS RETIREMENT SHALL BE INCLUDED IN THE COMPUTATION OF HIS RETIRED PAY.

(D) NO BACK PAY OR ALLOWANCES SHALL ACCRUE BY REASON OF THIS ACT FOR ANY PERIOD PRIOR TO OCTOBER 1, 1940.

(E) NOTHING IN THIS ACT SHALL OPERATE TO REDUCE THE PAY NOW BEING RECEIVED BY ANY RETIRED ENLISTED MAN.

(F) THE PROVISIONS OF THIS SECTION SHALL BE EFFECTIVE ON AND AFTER OCTOBER 1, 1940. THEREAFTER ALL LAWS AND PARTS OF LAWS INSOFAR AS THE SAME ARE INCONSISTENT HEREWITH OR IN CONFLICT WITH THE PROVISIONS HEREOF ARE HEREBY REPEALED.

THE MONTHLY BASE RATES OF PAY EFFECTIVE JULY 1, 1922, AS FIXED FOR THE SEVEN GRADES OF ENLISTED MEN OF THE ARMY AND MARINE CORPS BY SECTION 9 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629, WERE $126, $84, $72, $54, $42, $30, AND $21, RESPECTIVELY. SECTION 9 OF THE ACT OF JUNE 10, 1922, PROVIDED ALSO FOR AN INCREASE OF 5 PERCENTUM OF THE BASE PAY OF SUCH ENLISTED MEN AS A PERMANENT ADDITION TO THEIR PAY FOR EACH 4 YEARS OF SERVICE NOT EXCEEDING 25 PERCENTUM.

THE NAVAL RESERVE ACT OF 1938, 52 STAT. 1175, 1186, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

* * * THAT ALL MEN WHO ON THE DATE OF THIS ACT ARE MEMBERS OF THE FLEET NAVAL RESERVE AS THE RESULT OF SIXTEEN OR MORE YEARS OF ACTIVE NAVAL SERVICE, ARE HEREBY TRANSFERRED TO THE FLEET RESERVE CREATED BY THIS ACT, AND SHALL CONTINUE TO RECEIVE THE SAME PAY, ALLOWANCES, AND BENEFITS WHICH THEY WERE LEGALLY ENTITLED TO RECEIVE AT THE TIME OF APPROVAL OF THIS ACT,

SEC. 2. THE UNITED STATES MARINE CORPS RESERVE ESTABLISHED UNDER THE ACT OF FEBRUARY 28, 1925, IS HEREBY ABOLISHED, AND IN LIEU THEREOF THERE IS HEREBY CREATED AND ESTABLISHED AS A COMPONENT PART OF THE UNITED STATES MARINE CORPS, A MARINE CORPS RESERVE UNDER THE SAME PROVISIONS IN ALL RESPECTS (EXCEPT AS MAY BE NECESSARY TO ADAPT SAID PROVISIONS TO THE MARINE CORPS) AS THOSE CONTAINED IN THIS ACT OR WHICH MAY HEREAFTER BE ENACTED PROVIDING FOR THE NAVAL RESERVE: PROVIDED, THAT THE MARINE CORPS RESERVE SHALL CONSIST OF THE FLEET MARINE CORPS RESERVE, THE ORGANIZED MARINE CORPS RESERVE, AND THE VOLUNTEER MARINE CORPS RESERVE, CORRESPONDING, AS NEAR AS MAY BE, TO SIMILAR CLASSES OF THE NAVAL RESERVE.

SEC. 203. MEN SERVING IN THE REGULAR NAVY, WHO, HAVING ENLISTED THEREIN ON JULY 1, 1925, OR PRIOR THERETO, OR WHO HAVING BEEN DISCHARGED THEREFROM PRIOR TO JULY 1, 1925, AND REENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS FROM THE DATE OF DISCHARGE, OR WHO WERE SERVING IN THE NAVAL RESERVE FORCE ON JULY 1, 1925, IN AN ENROLLMENT ENTERED INTO WITHIN FOUR MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE REGULAR NAVY AND THEREAFTER REENLISTED IN THE REGULAR NAVY WITHIN THREE MONTHS FROM THE DATE OF THEIR DISCHARGE FROM THE NAVAL RESERVE CREATED BY THE ACT OF FEBRUARY 28, 1925, SHALL BE ENTITLED TO BE TRANSFERRED TO THE FLEET RESERVE ON THE COMPLETION OF SIXTEEN OR MORE YEARS' NAVAL SERVICE, AND WHEN SO TRANSFERRED SHALL, EXCEPT WHEN ON ACTIVE DUTY, BE ENTITLED TO RECEIVE, IF THEY HAVE HAD SIXTEEN BUT LESS THAN TWENTY YEARS' NAVAL SERVICE PAY AT THE RATE OF ONE-THIRD THE BASE PAY THEY WERE RECEIVING AT THE TIME OF TRANSFER, PLUS ALL PERMANENT ADDITIONS THERETO, AND IF THEY HAVE HAD TWENTY OR MORE YEARS' NAVAL SERVICE, PAY AT THE RATE OF ONE-HALF OF THE BASE PAY THEY WERE RECEIVING AT THE TIME OF TRANSFER,PLUS ALL PERMANENT ADDITIONS THERETO: PROVIDED, THAT THE PAY AUTHORIZED IN THIS SECTION SHALL BE INCREASED 10 PERCENTUM FOR ALL MEN WHO MAY BE CREDITED WITH EXTRAORDINARY HEROISM IN THE LINE OF DUTY OR WHOSE AVERAGE MARKS IN CONDUCT FOR TWENTY OR MORE YEARS SHALL NOT BE LESS THAN 95 PERCENTUM OF THE MAXIMUM:PROVIDED FURTHER, THAT THE DETERMINATION OF THE SECRETARY OF THE NAVY AS TO THE DEFINITION OF EXTRAORDINARY HEROISM SHALL BE FINAL AND CONCLUSIVE FOR ALL PURPOSES.

SEC. 204. MEN SERVING IN THE REGULAR NAVY ON THE DATE OF THE PASSAGE OF THIS ACT, WHO FIRST ENLISTED IN THE NAVY AFTER JULY 1, 1925, OR WHO REENLISTED THEREIN AFTER JULY 1, 1925, HAVING BEEN OUT OF THE REGULAR NAVY FOR MORE THAN THREE MONTHS, AND MEN WHO FIRST ENLIST IN THE REGULAR NAVY AFTER THE PASSAGE OF THIS ACT, MAY UPON THEIR OWN REQUEST BE TRANSFERRED TO THE FLEET RESERVE UPON THE COMPLETION OF AT LEAST TWENTY YEARS' NAVAL SERVICE: PROVIDED, THAT THEY ARE PHYSICALLY AND OTHERWISE QUALIFIED TO PERFORM DUTY IN TIME OF WAR. AFTER SUCH TRANSFER, EXCEPT WHEN ON ACTIVE DUTY, THEY SHALL BE PAID AT THE RATE OF ONE-HALF OF THE BASE PAY THEY ARE RECEIVING AT THE TIME OF TRANSFER: PROVIDED FURTHER, THAT ALL ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 1 AND 203 OF THIS ACT SHALL, UPON COMPLETION OF THIRTY YEARS' SERVICE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY, WITH THE PAY THEY WERE THEN LEGALLY ENTITLED TO RECEIVE AND THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' SERVICE: AND PROVIDED FURTHER, THAT ALL ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL, UPON COMPLETION OF THIRTY YEARS' SERVICE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY, WITH THE PAY THEY WERE THEN LEGAL ENTITLED TO RECEIVE, PLUS THE PERMANENT ADDITIONS THERETO, AND THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' SERVICE.

SEC. 206. IN TIME OF PEACE ALL ENLISTED MEN TRANSFERRED TO THE FLEET RESERVE AFTER SIXTEEN YEARS' OR MORE SERVICE IN THE REGULAR NAVY MAY BE REQUIRED TO PERFORM NOT MORE THAN TWO MONTHS' ACTIVE DUTY IN EACH FOUR- YEAR PERIOD AND SHALL BE EXAMINED PHYSICALLY AT LEAST ONCE DURING EACH FOUR-YEAR PERIOD: PROVIDED, THAT ANY PAY WHICH MAY BE DUE ANY MEMBER OF THE FLEET RESERVE SHALL BE FORFEITED WHEN SO ORDERED BY THE SECRETARY OF THE NAVY, UPON FAILURE, UNDER SUCH CONDITIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, OF SUCH MEMBER TO REPORT FOR INSPECTION: PROVIDED FURTHER, THAT ENLISTED MEN HERETOFORE OR HEREAFTER TRANSFERRED TO THE FLEET RESERVE AFTER SIXTEEN YEARS' OR MORE SERVICE IN THE REGULAR NAVY, WHO ARE FOUND NOT PHYSICALLY QUALIFIED UPON SUCH EXAMINATION, SHALL BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY, WITH THE PAY THEY ARE THEN RECEIVING, AND IN ADDITION MEN COMING UNDER THE COGNIZANCE OF SECTIONS 1 AND 203 OF THIS ACT, SHALL, UPON THE COMPLETION OF THIRTY YEARS' SERVICE, RECEIVE THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER THIRTY YEARS' SERVICE: * * * ( ITALICS FOR EMPHASIS.)

THE PROVISIONS QUOTED ABOVE FROM THE NAVAL RESERVE ACT OF 1938, INSOFAR AS THE BASIS FOR COMPUTING RETAINER PAY OR RETIRED PAY OF TRANSFERRED OR RETIRED FLEET RESERVISTS IS CONCERNED, DO NOT DIFFER MATERIALLY FROM CORRESPONDING SECTIONS OF THE NAVAL RESERVE ACT OF 1925, 43 STAT. 1080, 1091, (SECS. 23 TO 27), OR FROM THOSE PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 591, 593, IN PARI MATERIA. SECTION 23 OF THE NAVAL RESERVE ACT OF 1925 PROVIDES FOR TRANSFER TO THE FLEET NAVAL RESERVE OF ENLISTED MEN OF THE REGULAR NAVY ONLY UPON COMPLETION OF AT LEAST 20 YEARS' NAVAL SERVICE, IF FOUND QUALIFIED, WITH ONE-HALF OF THE BASE PAY "THEY ARE RECEIVING AT THE TIME OF TRANSFER" AND IF FOUND NOT PHYSICALLY QUALIFIED TO PERFORM DUTY IN TIME OF WAR THEY SHALL BE DISCHARGED, WITH A FURTHER PROVISO THAT THE ENLISTED MAN SO TRANSFERRED TO THE FLEET NAVAL RESERVE SHALL UPON COMPLETION OF 30 YEARS' SERVICE, INCLUDING NAVAL SERVICE AND TIME IN THE FLEET NAVAL RESERVE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY WITH ONE-HALF OF THE BASE PAY OF THEIR RATINGS PLUS ALL PERMANENT ADDITIONS THERETO AND THE ALLOWANCES TO WHICH ENLISTED MEN OF THE SAME RATINGS ARE ENTITLED TO RETIREMENT AFTER 30 YEARS' NAVAL SERVICE. SECTION 24 OF THE NAVAL RESERVE ACT OF 1925 PROVIDED THAT ALL ENLISTED MEN WHO THERETOFORE HAD BEEN TRANSFERRED FROM THE REGULAR NAVY TO THE FLEET NAVAL RESERVE ESTABLISHED BY THE ACT OF AUGUST 29, 1916, SHOULD RECEIVE THE RATE OF PAY THEY WERE LEGALLY ENTITLED TO RECEIVE PLUS THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY ARE ENTITLED ON RETIREMENT AFTER 30 YEARS' NAVAL SERVICE. SECTION 26 OF THE 1925 ACT CONTINUED THE RIGHTS OF MEN THEN IN THE SERVICE TO BE TRANSFERRED TO THE FLEET NAVAL RESERVE ON THE COMPLETION OF 16 OR 20 YEARS' NAVAL SERVICE WITH PAY AT THE RATE OF ONE-THIRD OR ONE-HALF OF THE BASE PAY "THEY ARE RECEIVING AT THE TIME OF TRANSFER" PLUS PERMANENT ADDITIONS, AND SECTION 27 OF THE SAME ACT PROVIDED FOR THEIR RETIREMENT, IF FOUND NOT PHYSICALLY QUALIFIED "WITH THE PAY THEY ARE THEN RECEIVING" WITH ALLOWANCES AFTER 30 YEARS INCLUDING NAVAL SERVICE, NAVAL RESERVE SERVICE AND TIME ON THE RETIRED LIST, AND FOR THOSE TRANSFERRED MEMBERS WHO WERE NOT DISABLED THEY SHOULD, AFTER 30 YEARS' NAVAL SERVICE, INCLUDING TIME IN THE FLEET NAVAL RESERVE, BE TRANSFERRED TO THE RETIRED LIST OF THE REGULAR NAVY WITH THE PAY "THEY WERE THEN RECEIVING" PLUS ALLOWANCES.

THE ACT OF AUGUST 29, 1916, 39 STAT. 590, ET SEQ., PROVIDED THAT MEMBERS OF THE FLEET NAVAL RESERVE, WHO HAVE, WHEN SO TRANSFERRED COMPLETED 16 OR 20 YEARS' NAVAL SERVICE, SHALL BE PAID A RETAINER AT THE RATE OF ONE-THIRD OR ONE-HALF, RESPECTIVELY, OF THE BASE PAY "THEY WERE RECEIVING AT THE CLOSE OF THEIR LAST NAVAL SERVICE," PLUS ALL ALLOWANCES TO WHICH ENLISTED MEN OF THE SAME RATING ARE ENTITLED ON RETIREMENT AFTER 30 YEARS' NAVAL SERVICE. THE PROVISIONS OF THE 1916 AND 1925 ACTS WERE LIKEWISE APPLICABLE TO THE MARINE CORPS UPON TRANSFER TO THE RESERVE OF THAT SERVICE. SEE 39 STAT. 595 AND 43 STAT. 1080 (SEC. 2). IT IS TO BE NOTED THAT THE BASIS FOR COMPUTATION OF RETAINER PAY OF ENLISTED MEN OF THE NAVY AND MARINE CORPS UPON THEIR TRANSFER TO THE FLEET NAVAL OR FLEET MARINE CORPS RESERVE AFTER COMPLETION OF 16 OR 20 YEARS' SERVICE AND SUBSEQUENT RETIREMENT, USUALLY AFTER SUBSTANTIAL INACTIVE SERVICE IN THE RESERVE, HAS BEEN PRACTICALLY IDENTICAL SINCE 1916, THAT IS TO SAY, THE BASIS FOR THE COMPUTATION OF THE INACTIVE PAY OF THE RESERVIST WHETHER AS A TRANSFERRED MEMBER OR AS A RETIRED MEMBER IS UPON A FRACTION OF THE ACTIVE PAY RECEIVED "AT THE CLOSE OF THEIR LAST NAVAL SERVICE" OR ,PAY THAT THEY WERE RECEIVING AT THE TIME OF TRANSFER" INCREASED UPON RETIREMENT AFTER 30 YEARS BY THE ALLOWANCES TO WHICH ENLISTED MEN OF THE REGULAR NAVY AND MARINE CORPS ARE ENTITLED UPON THEIR RETIREMENT AFTER 30 YEARS.

THERE IS NOTHING IN SECTION 12 OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940--- FIXING NEW RATES OF PAY FOR CERTAIN GRADES OF ENLISTED MEN OF THE ARMY AND MARINE CORPS AND INCREASING THE PERCENTUM INCREASE FOR THE FIRST 4 YEARS OF SERVICE FOR ALL GRADES--- TO SUGGEST AN INTENTION THAT TRANSFERRED OR RETIRED MEMBERS OF THE FLEET MARINE CORPS RESERVE WHO HAVE NOT RECEIVED THE RATES OF PAY THEREIN PROVIDED, SHOULD HAVE THEIR INACTIVE PAY RECOMPUTED ON THE BASIS OF THAT ACT. IN OTHER WORDS, THERE IS NO IMPLIED REPEAL OF THE NAVAL RESERVE ACT OF 1938 SO AS TO PERMIT THE COMPUTATION OF THEIR INACTIVE PAY UPON ANY OTHER BASIS THAN AS THEREIN PROVIDED. BOTH OF YOUR QUESTIONS ARE ANSWERED IN THE NEGATIVE. CF. 20 COMP. GEN. 213.