B-29429, NOVEMBER 6, 1942, 22 COMP. GEN. 454

B-29429: Nov 6, 1942

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WILL BE REQUIRED TO BEAR THE COSTS OF SUCH CONVERSION IN ORDER TO MEET HIS OBLIGATION UNDER THE LEASE. MAY HAVE TO BE BORNE BY THE LESSOR. HAVE REFUSE CONVERT THE PRESENT OIL BURNING HEATING FACILITIES IN THE LEASED PREMISES TO COAL BURNING FACILITIES AND. THE POST OFFICE AT BRIDGEPORT ( BARNUM STATION) IS OCCUPIED UNDER LEASE ENTERED INTO ON DECEMBER 18. ARE OCCUPIED UNDER LEASE ENTERED INTO ON APRIL 26. IS OCCUPIED UNDER LEASE ENTERED INTO ON MAY 6. THE POST OFFICE DEPARTMENT NOTIFIED THE LESSOR THAT IT WAS EXERCISING THE OPTION TO EXTEND THE TERM OF THE LEASE FOR A PERIOD OF THREE YEARS FROM APRIL 9. THE CONVERSION OF THE FURNACES IN THE LEASED PREMISES FROM OIL BURNERS TO COAL BURNERS AS NOW PROPOSED IS BEING CONSIDERED ON ACCOUNT OF LIMITATION ORDER L 56 OF THE WAR PRODUCTION BOARD AS AMENDED.

B-29429, NOVEMBER 6, 1942, 22 COMP. GEN. 454

LEASES - CONVERSION OF OIL BURNING HEATING FACILITIES - LESSORS' LIABILITY UNDER A LEASE FOR THE RENTAL OF POST OFFICE QUARTERS REQUIRING THE FURNISHING BY THE LESSOR OF ,SATISFACTORY FUEL" OR "SATISFACTORY HEAT" IN ADDITION TO THE FURNISHING OF "APPROVED" HEATING FIXTURES AND KEEPING SAID FIXTURES IN GOOD REPAIR DURING THE LEASE TERM, THE LESSOR, IN THE EVENT THE GOVERNMENT IN ITS CAPACITY AS SOVEREIGN ORDERS CONVERSION OF THE PRESENT OIL BURNING HEATING FACILITIES TO COAL BURNING FACILITIES, WILL BE REQUIRED TO BEAR THE COSTS OF SUCH CONVERSION IN ORDER TO MEET HIS OBLIGATION UNDER THE LEASE. WHERE A LEASE FOR THE RENTAL OF POST OFFICE QUARTERS DOES NOT REQUIRE THE LESSOR TO FURNISH HEAT OR FUEL, BUT DOES REQUIRE THE FURNISHING OF "APPROVED HEATING FIXTURES" AND THE KEEPING OF SAID FIXTURES IN SATISFACTORY REPAIR DURING THE LEASE TERM, EXPENSES INCIDENT TO THE CONVERSION OF THE PRESENT OIL BURNING FACILITIES TO COAL BURNING FACILITIES, IN THE EVENT THE GOVERNMENT IN ITS SOVEREIGN CAPACITY REQUIRES THE PRESENT HEATING FIXTURES TO BE CONVERTED OR NOT USED, MAY HAVE TO BE BORNE BY THE LESSOR.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, NOVEMBER 6, 1942:

BY LETTERS OF SEPTEMBER 26, 1942, THE FOURTH ASSISTANT POSTMASTER GENERAL REPORTED THAT THE LESSORS OF THE POST OFFICES AT BRIDGEPORT ( BARNUM STATION), CONNECTICUT (FILE Q-JFB-IH); RED HOOK, NEW YORK (FILE Q-BE-MB); AND ESSEX, CONNECTICUT (FILE Q-JFB-IH), HAVE REFUSE CONVERT THE PRESENT OIL BURNING HEATING FACILITIES IN THE LEASED PREMISES TO COAL BURNING FACILITIES AND, IN VIEW OF THE EXISTING NATIONAL EMERGENCY, REQUESTS TO BE ADVISED WHETHER SUCH CONVERSION MAY BE MADE BY THE POST OFFICE DEPARTMENT AND THE COST CHARGED TO THE APPROPRIATION " RENT, LIGHT, FUEL AND WATER," REFERENCE BEING MADE BY MY DECISION OF SEPTEMBER 19, 1942, B-28475, TO YOU.

THE POST OFFICE AT BRIDGEPORT ( BARNUM STATION) IS OCCUPIED UNDER LEASE ENTERED INTO ON DECEMBER 18, 1940, WITH THE WEST SIDE MORTGAGE COMPANY, BY CHARLES SCHROEDER, ITS PRESIDENT, AND JAMES V. JOY, ITS TREASURER, FOR THE TERM BEGINNING JULY 1, 1940, AND ENDING JUNE 30, 1950, AT AN ANNUAL RENTAL OF $4000. PARAGRAPH 6 OF THE LEASE PROVIDES THAT THE LESSOR SHALL FURNISH THE GOVERNMENT AS PART OF THE RENTAL CONSIDERATION "APPROVED HEATING" FIXTURES AND THAT IT SHALL KEEP THE SAID HEATING FIXTURES IN SATISFACTORY REPAIR AND CONDITION DURING THE TERM OF THE LEASE.

THE QUARTERS AT RED HOOK, NEW YORK, ARE OCCUPIED UNDER LEASE ENTERED INTO ON APRIL 26, 1940, WITH MRS. ETHEL W. JENNINGS AND THOMAS A. JENNINGS, HER HUSBAND, FOR THE TERM BEGINNING MARCH 1, 1940, AND ENDING FEBRUARY 28, 1945, AT AN ANNUAL RENTAL RATE OF $1020. PARAGRAPH 6 OF THE SAID LEASE PROVIDES THAT THE LESSOR SHALL FURNISH THE GOVERNMENT AS PART OF THE RENTAL CONSIDERATION ,APPROVED HEATING" FIXTURES,"SATISFACTORY FUEL," AND SHALL KEEP SAID HEATING FIXTURES IN SATISFACTORY REPAIR AND CONDITION DURING THE LEASE TERM.

THE POST OFFICE AT ESSEX, CONNECTICUT, IS OCCUPIED UNDER LEASE ENTERED INTO ON MAY 6, 1938, WITH THE TOWN OF ESSEX, CONNECTICUT, BY THOMAS H. MACWHINNEY, HAROLD A. LATHAM AND FRANK BUDNEY, ITS SELECTMEN, FOR THE TERM BEGINNING APRIL 9, 1938, AND ENDING APRIL 8, 1940, AT AN ANNUAL RENTAL RATE OF $800, WITH RENEWAL OPTION TO THE GOVERNMENT NOT TO EXTEND THE PERIOD OF OCCUPANCY BEYOND APRIL 8, 1943. PARAGRAPH 6 OF THE LEASE PROVIDES THAT THE LESSOR SHALL FURNISH THE GOVERNMENT AS PART OF THE RENTAL CONSIDERATION "APPROVED HEATING" FIXTURES,"SATISFACTORY HEAT," AND SHALL KEEP SAID HEATING FIXTURES IN GOOD REPAIR AND CONDITION DURING THE TERM OF THE LEASE. ON NOVEMBER 16, 1939, THE POST OFFICE DEPARTMENT NOTIFIED THE LESSOR THAT IT WAS EXERCISING THE OPTION TO EXTEND THE TERM OF THE LEASE FOR A PERIOD OF THREE YEARS FROM APRIL 9, 1940, AT A RENTAL OF $800 PER ANNUM INCLUDING HEAT, LIGHT, POWER, WATER AND ALL OTHER PROVISIONS OF THE EXISTING LEASE.

PRESUMABLY, THE CONVERSION OF THE FURNACES IN THE LEASED PREMISES FROM OIL BURNERS TO COAL BURNERS AS NOW PROPOSED IS BEING CONSIDERED ON ACCOUNT OF LIMITATION ORDER L 56 OF THE WAR PRODUCTION BOARD AS AMENDED, REFERRED TO IN THE DECISION OF SEPTEMBER 19, 1942, B-28475, SUPRA, COVERING THE AREA IN WHICH THESE THREE POST OFFICES ARE LOCATED. PARAGRAPHS H AND I OF SAID LIMITATION ORDER, AS AMENDED SEPTEMBER 29, 1942 (EFFECTIVE OCTOBER 1, 1942), PROVIDE, AS FOLLOWS:

(H) DIRECTIONS AS TO DELIVERIES AND CONVERSIONS.--- (1) THE DIRECTOR GENERAL FOR OPERATIONS MAY, FROM TIME TO TIME, SUBJECT TO THE PROVISIONS OF PARAGRAPHS (D), (E) AND (G) OF THIS ORDER, ISSUE SPECIFIC DIRECTIONS DIRECTING OR FORBIDDING THE TRANSFER OF FUEL OIL TO ANY PERSON OR CLASS OF PERSONS.

(2) THE DIRECTOR GENERAL FOR OPERATIONS OR A REPRESENTATIVE OF THE OFFICE OF PETROLEUM COORDINATOR FOR WAR DESIGNATED BY HIM MAY FROM TIME TO TIME EXAMINE AND INVESTIGATE THE FUEL OIL BURNING FACILITIES OWNED OR OPERATED BY ANY PERSON FOR THE PURPOSE OF DETERMINING WHETHER SUCH EQUIPMENT CAN BE CONVERTED TO THE USE OF AN ALTERNATE FUEL. IN MAKING SUCH INVESTIGATION FACTS AND CIRCUMSTANCES WHICH MAY RELATE TO THE PARTICULAR PROBLEM, INCLUDING THE AVAILABILITY OF ALTERNATE FUEL, SHALL BE CONSIDERED. IF IT IS FOUND THAT THE FUEL OIL BURNING FACILITIES OF ANY PERSON MAY BE CONVERTED TO THE USE OF ALTERNATE FUEL, AND THAT A SUPPLY OF SUCH FUEL IS AVAILABLE, WITHOUT ANY UNREASONABLE EXPENDITURE UPON THE PART OF THE PERSON AND WITHOUT WORKING ANY EXCEPTIONAL OR UNREASONABLE HARDSHIP UPON SUCH PERSON, THEN THE DIRECTOR GENERAL FOR OPERATIONS MAY, AFTER NOTICE SUFFICIENT TO PERMIT SUCH CONVERSION, FORBID FURTHER DELIVERIES OF FUEL OIL FOR USE IN SUCH FACILITIES.

(I) APPEALS AND APPLICATIONS.--- ANY PERSON AFFECTED BY THIS ORDER WHO CONSIDERS THAT COMPLIANCE THEREWITH WOULD WORK AN EXCEPTIONAL AND UNREASONABLE HARDSHIP UPON HIM MAY FILE AN APPEAL SETTING FORTH THE PERTINENT FACTS AND THE REASONS WHY HE CONSIDERS HIMSELF ENTITLED TO RELIEF. ALL APPEALS SHALL BE FILED IN QUADRUPLICATE.

ANY APPEAL INVOLVING A DEFENSE HOUSING PROJECT SHALL BE FILED WITH THE LOCAL FEDERAL HOUSING ADMINISTRATION OFFICE WHICH SHALL REVIEW SUCH APPEAL AND TRANSMIT IT, TOGETHER WITH SPECIFIC RECOMMENDATIONS, TO THE DIRECTOR OF MARKETING, OFFICE OF PETROLEUM COORDINATOR FOR WAR, DEPARTMENT OF THE INTERIOR, WASHINGTON, D.C., FOR FURTHER PROCEEDINGS. ALL OTHER APPEALS SHALL BE FILED AS FOLLOWS:

IF APPELLANT IS LOCATED IN AREA ONE OR IN THE AREA SPECIFIED IN PARAGRAPH (C) OF AREA THREE, EXHIBIT A, THE APPEAL SHALL BE ADDRESSED TO THE DISTRICT DIRECTOR OF MARKETING, OFFICE OF PETROLEUM COORDINATOR FOR WAR, 122 EAST 42D STREET, NEW YORK, NEW YORK.

IF APPELLANT IS LOCATED IN THE AREA SPECIFIED IN PARAGRAPH (D) OF AREA THREE, EXHIBIT A, THE APPEAL SHALL BE ADDRESSED TO THE DISTRICT DIRECTOR OF MARKETING, OFFICE OF PETROLEUM COORDINATOR FOR WAR, 855 SUBWAY TERMINAL BUILDING, LOS ANGELES, CALIFORNIA.

IF APPELLANT IS LOCATED IN AREA TWO, EXHIBIT A, THE APPEAL SHALL BE ADDRESSED TO THE DISTRICT DIRECTOR OF MARKETING, OFFICE OF PETROLEUM COORDINATOR FOR WAR, SUITE 1336, 120 SOUTH LASALLE STREET, CHICAGO, ILLINOIS.

THE DISTRICT DIRECTOR OF MARKETING SHALL PROMPTLY INVESTIGATE AND CONSIDER THE MATTER AND SHALL SEEK TO BRING ABOUT A VOLUNTARY SETTLEMENT OF THE CONTROVERSY IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDER. THE EVENT THAT NO SETTLEMENT CAN BE REACHED, THEN THE DISTRICT DIRECTOR OF MARKETING SHALL FORWARD THE APPEAL AND RECORD THEREON, TOGETHER WITH HIS RECOMMENDATIONS, TO THE DIRECTOR OF MARKETING, OFFICE OF PETROLEUM COORDINATOR FOR WAR, WASHINGTON, D.C.

IN THE SAID DECISION OF SEPTEMBER 19, 1942, IT WAS HELD THAT WHERE A LEASE COVERING RENTAL OF A BUILDING USED BY THE POSTAL SERVICE AS A GARAGE REQUIRED THE LESSOR TO FURNISH SATISFACTORY HEATING FACILITIES AND FIXTURES DESIGNED TO BURN EITHER OIL OR COAL WITH PROVISION FOR IMMEDIATE CONVERSION, TOGETHER WITH EQUIPMENT, FIXTURES, ETC., AS MIGHT BE NECESSARY FOR CONVERSION, SINCE SAID LEASE REQUIRED THE INITIAL INSTALLATION TO BE ADAPTED TO BURNING OIL AND IMPOSED NO OBLIGATION ON THE LESSOR TO ASSUME THE COST OF CHANGES INCIDENTAL TO CONVERSION AT THE GOVERNMENT'S ( POST OFFICE DEPARTMENT) REQUEST, THE COST OF SUCH CONVERSION APPEARED PROPERLY PAYABLE FROM THE APPROPRIATION " VEHICLE SERVICE, 1943" AS PART OF THE EXPENSE OF RENTING THE GARAGE, BUT THAT THE LESSOR WAS OBLIGATED TO FURNISH AT ITS OWN EXPENSE, THE NECESSARY EQUIPMENT FIXTURES, ETC., FOR SUCH CONVERSION AS PROVIDED FOR IN THE SPECIFICATIONS WHICH, BY REFERENCE, WERE MADE A PART OF THE LEASE.

IT IS SETTLED THAT IN THE ABSENCE OF STATUTE OR EXPRESS AGREEMENT, OR OF CIRCUMSTANCES RAISING AN IMPLIED COVENANT, A LANDLORD IS UNDER NO OBLIGATION TO FURNISH HEAT, WATER, STEAM OR OTHER SPECIAL SERVICES TO HIS TENANT. 36 C.J. 36; TAILORED READY COMPANY V. FOURTH AND PIKE STREET CORPORATION ET AL., 35 P. (2D) 508.

ALSO, IT HAS BEEN HELD THAT WHERE A LESSOR OF POST OFFICE QUARTERS OBLIGATES HIMSELF TO FURNISH TO THE GOVERNMENT DURING THE OCCUPANCY OF THE PREMISES, UNDER THE TERMS OF THE LEASE, AS PART OF THE RENTAL CONSIDERATION CERTAIN SPECIAL SERVICES, AS FOR EXAMPLE, NECESSARY TOILET FACILITIES, SATISFACTORY HEATING AND LIGHTING FIXTURES AND KEEP SAID FACILITIES IN GOOD CONDITION AND REPAIR SUCH OBLIGATION IS A CONTINUING ONE THROUGHOUT THE PERIOD OF THE LEASE AND THE COST OF NECESSARY ADDITIONAL FACILITIES OR FIXTURES FURNISHED BY THE GOVERNMENT UPON THE REFUSAL OF THE LESSOR TO SUPPLY THEM IS CHARGEABLE TO THE LESSOR. UNITED POST OFFICES CORPORATION V. UNITED STATES, 79 C.1CLS. 173; UNITED POST OFFICES CORPORATION V. UNITED STATES, 80 C.1CLS. 785.

IN THE FIRST OF THE TWO CASES LAST ABOVE CITED, THE PLAINTIFF'S PREDECESSOR, UNDER A CONTRACT THEREFOR, CONSTRUCTED AND LEASED A BUILDING TO THE GOVERNMENT FOR POST OFFICE PURPOSES FOR A TERM OF TEN YEARS, THE BUILDING BEING CONSTRUCTED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FURNISHED BY THE GOVERNMENT. THE LEASE PROVIDED THAT THE LESSOR SHOULD FURNISH SATISFACTORY LIGHTING FIXTURES DURING THE GOVERNMENT'S OCCUPANCY. AFTER FOUR YEARS OF OCCUPANCY, THE GOVERNMENT REQUESTED CERTAIN NECESSARY ADDITIONAL LIGHTING FIXTURES. THE PLAINTIFF REFUSED TO FURNISH SAME ON THE GROUND THAT IT HAD FULLY COMPLIED WITH THE TERMS OF THE LEASE TO THE SATISFACTION OF THE POST OFFICE DEPARTMENT AND THAT THE REQUESTED CHANGES WERE ADDITIONS TO THE EXISTING SYSTEM. THE COURT IN HOLDING THAT THE PLAINTIFF WAS OBLIGATED TO FURNISH THE ADDITIONAL FIXTURES SAID:

THE PLAINTIFF'S ARGUMENT IS ADDRESSED TO A FAMILIAR PRINCIPLE OF LAW, THAT IN CASES WHERE PARTIES ENTER INTO A WRITTEN CONTRACT IN PURSUANCE AND ACCEPTANCE OF WRITTEN PROPOSAL SETTING FORTH THE UNDERTAKING IN DETAIL THE CONTRACT IS TO BE CONSTRUED IN THE LIGHT OF AND AS A REDUCTION TO WRITING OF THE TERMS SET FORTH IN THE PROPOSALS * * * THIS CASE, WE THINK, DOES NOT FALL WITHIN THE RULE. * * * UNDER EXISTING LAW THE UNDERTAKING EXACTED TWO CONTRACTS, THE FIRST TO BE FAITHFULLY EXECUTED PRIOR TO THE EXECUTION OF THE SECOND, AND IT IS UNDER THE SECOND THAT THIS CAUSE OF ACTION ARISES. THE DEFENDANTS' OBLIGATION UNDER THE FIRST WAS TO ENTER INTO A LEASE OF THE BUILDING AFTER ITS SATISFACTORY COMPLETION. THE FIRST PROPOSAL DID NOT FIX THE TERMS OF THE LEASE TO BE THEREAFTER AGREED UPON.

PARAGRAPH 6 IMPOSED UPON THE LESSOR THE DUTY OF FURNISHING "SATISFACTORY LIGHTING FIXTURES.' WHAT WAS EXACTED OF THE PLAINTIFF WAS NOT A CHANGE IN THE LIGHTING SYSTEM ORIGINALLY INSTALLED, BUT THE INSTALLATION OF DESK LIGHTS, I.E., FIXTURES, TO TAKE THE PLACE OF THE DEFENDANTS IMPROVISED ONES WHICH TENDED TO OBSCURE THE VISION OF THE OFFICE EMPLOYEES. * * * WE FIND NOTHING IN THE RECORD WHICH IN ANY WAY SUSTAINS A FINDING THAT THE ADDITIONS CALLED FOR WERE NOT ESSENTIALS TO THE EXIGENCIES OF THE SERVICE, OR THAT IN ORDERING THEM THE DEFENDANT ACTED CAPRICIOUSLY, UNREASONABLY, ARBITRARILY, AND WITHOUT REGARD TO THE NECESSITIES OF THE SERVICE. * * *

IN THE SECOND OF SAID TWO CASES, THE LESSOR WAS OBLIGATED TO FURNISH "SATISFACTORY PLUMBING AND NECESSARY TOILET FACILITIES" AS PART OF THE RENTAL CONSIDERATION; AND UPON THE REFUSAL OF THE LESSOR TO FURNISH ADDITIONAL TOILET FACILITIES THEY WERE FURNISHED BY THE GOVERNMENT AND THE COST WITHHELD FROM RENT OTHERWISE DUE THE PLAINTIFF. IN HOLDING THAT THE PLAINTIFF WAS NOT ENTITLED TO RECOVER THE AMOUNT SO WITHHELD, THE COURT SAID:

THE PLAINTIFF'S OBLIGATION UNDER THE LEASE WAS TO FURNISH "SATISFACTORY PLUMBING AND NECESSARY TOILET FACILITIES.' THIS OBLIGATION WAS A CONTINUING ONE THROUGH THE PERIOD OF THE LEASE. IT IS NOT CONTENDED THAT THE ADDITIONAL TOILET FACILITIES THE DEPARTMENT ORDERED PLAINTIFF TO FURNISH WERE NOT NECESSARY FOR CARRYING ON THE BUSINESS FOR WHICH THE BUILDING WAS LEASED. THEREFORE THE REFUSAL OF THE PLAINTIFF TO FURNISH THE NECESSARY TOILET FACILITIES, WHEN CALLED UPON TO DO SO, JUSTIFIED THE DEPARTMENT IN SUPPLYING THEM AND DEDUCTING THE COST THEREOF FROM THE RENT. THE PLAINTIFF IS NOT ENTITLED TO RECOVER ON THIS ITEM OF THE CLAIM.

MOREOVER, IT IS WELL SETTLED THAT A GOVERNMENT CONTRACTOR MAY NOT BE RELIEVED OF LIABILITY TO PERFORM IN ACCORDANCE WITH THE CONTRACT BECAUSE CHANGED CONDITIONS BROUGHT ABOUT BY GENERAL ACTIVITIES OF THE GOVERNMENT, AS DISTINGUISHED FROM ACTS DIRECTED PARTICULARLY AGAINST THE CONTRACTOR, MADE PERFORMANCE MORE BURDENSOME OR EXPENSIVE. 21 COMP. GEN. 625, AND AUTHORITIES THEREIN CITED.

UNDER EACH OF THE LEASES REFERRED TO IN THE LETTERS OF SEPTEMBER 26, 1942, FROM THE FOURTH ASSISTANT POSTMASTER GENERAL, THE LESSOR IS OBLIGATED TO FURNISH "DURING THE OCCUPANCY OF SAID PREMISES" UNDER THE TERMS OF THE LEASE, AS PART OF THE RENTAL CONSIDERATION,"APPROVED HEATING" FIXTURES AND TO KEEP SAID HEATING FIXTURES IN GOOD REPAIR AND CONDITION DURING THE TERM OF THE LEASE. AS NOTED ABOVE, IN ADDITION TO THESE OBLIGATIONS THE LEASES FOR THE QUARTERS OCCUPIED BY THE POST OFFICES AT ESSEX AND RED HOOK OBLIGATE THE LESSORS TO FURNISH UNDER THE TERMS OF SAID LEASES AND AS PART OF THE RENTAL CONSIDERATION "SATISFACTORY HEAT" AND "SATISFACTORY FUEL," RESPECTIVELY, WHEREAS, THE LEASE FOR THE QUARTERS OCCUPIED BY BARNUM STATION ( BRIDGEPORT, CONNECTICUT) DOES NOT REQUIRE THE LESSOR TO FURNISH EITHER HEAT OR FUEL BUT DOES REQUIRE IT TO FURNISH "APPROVED HEATING" FACILITIES. UNDER THESE CIRCUMSTANCES, IT APPEARS TO BE CLEAR THAT IF AND WHEN THE WAR PRODUCTION BOARD ORDERS CONVERSION OF THE HEATING FIXTURES IN THE QUARTERS OCCUPIED BY THE POST OFFICES AT RED HOOK AND AT ESSEX THE LESSORS WILL BE REQUIRED TO MAKE SUCH CONVERSIONS TO MEET THEIR OBLIGATIONS UNDER THE RESPECTIVE LEASES.

WHILE THE LEASE FOR THE QUARTERS OCCUPIED BY BARNUM STATION DOES NOT REQUIRE THE LESSOR TO FURNISH SATISFACTORY HEAT OR FUEL, NEVERTHELESS IT DOES REQUIRE THE LESSOR TO FURNISH "APPROVED HEATING FIXTURES" AND THEREFORE, IF THE GOVERNMENT, IN ITS CAPACITY AS SOVEREIGN, REQUIRES THAT THE PRESENT HEATING FIXTURES IN THE QUARTERS OCCUPIED BY THIS PARTICULAR STATION BE CONVERTED OR NOT USED, THE COST OF CONVERSION MAY HAVE TO BE BORNE BY THE LESSOR.

THERE IS NOTHING IN THE LETTERS OF SEPTEMBER 26, 1942, FROM THE FOURTH ASSISTANT POSTMASTER GENERAL, REFERRED TO ABOVE, OR ANY EVIDENCE ATTACHED TO THE LEASES ON FILE IN THIS OFFICE INDICATING THAT THE DIRECTOR GENERAL FOR OPERATIONS, WAR PRODUCTION BOARD, OR ANY REPRESENTATIVE OF HIS OFFICE HAS INVESTIGATED THE FUEL OIL BURNING FACILITIES AT ANY OF THE THREE POST OFFICES HERE INVOLVED OR THAT SAID DIRECTOR GENERAL FOR OPERATIONS OR ANY OTHER GOVERNMENT AGENCY WITH AUTHORITY TO ORDER CONVERSIONS HAS ISSUED ANY ORDER FORBIDDING FURTHER DELIVERIES OF FUEL OIL FOR USE IN SUCH FACILITIES. UNDER SUCH CIRCUMSTANCES, I HAVE TO ADVISE THAT THE APPROPRIATION " RENT, LIGHT, FUEL, AND WATER" MAY NOT BE REGARDED AS AVAILABLE FOR THE CONVERSION OF THE HEATING FIXTURES PRESENTLY INSTALLED IN THE POST OFFICES HERE INVOLVED TO THE USE OF COAL.