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The PRESIDENT,

EXECUTIVE OFFICE OF THE PRESIDENT,

The White House.

BUREAU OF the Budget, Washington, D. C., June 16, 1944.

SIR: I have the honor to submit for your consideration a proposed provision of legislation transmitted by the Treasury Department relating to a judgment of the District Court of the United States for the District of Columbia, as follows:

For the payment of judgment No. 18082 rendered by the United States District Court for the District of Columbia in favor of Hattie F. Small, covering refund of retirement deductions withheld due to suit, $668.33 to be paid from the civil-service retirement and disability fund.

The above provision is necessary in order that this judgment may be paid from the civil-service retirement and disability fund.

There is also submitted for the consideration of Congress in compliance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), a request for funds for the payment of interest on the judgment in favor of Hattie F. Small, rendered against the Government by a United States district court under the provisions of the act of March 3, 1887, as amended by section 297 of the act of March 3, 1911 (28 U. S. C. 761), as submitted to the Treasury Department by the Attorney General.

For the payment of the interest referred to above there is required an indefinite appropriation under the Civil Service Commission to pay the interest allowed by the court.

Since the foregoing is an obligation of the Government, lawfully imposed, and which must be paid, an appropriation for that purpose is necessary at this time.

The letter of the Treasury Department and a copy of the record of judgment are submitted herewith.

Very respectfully,

HAROLD D. SMITH,

Director of the Bureau of the Budget.

TREASURY DEPARTMENT,
Washington, June 16, 1944.

The DIRECTOR,

Bureau of the Budget.

SIR: There is transmitted herewith a judgment rendered by the United States District Court for the District of Columbia, civil action No. 18082, in favor of Hattie F. Small, in the sum of $668.33.

It has come to the attention of this Department that this judgment covers deductions from the salary of the plaintiff together with interest thereon up to and including the date of separation from the Government service, and had it not been necessary that it be considered by the court due to a counterclaim, the amount would have been paid from the trust fund-civil service retirement and disability fund.

In view of the above, it is requested that the following authorization to pay said judgment be transmitted to Congress for inclusion in the deficiency bill now under consideration:

For the payment of judgment No. 18082 rendered by the United States District Court for the District of Columbia in favor of Hattie F. Small, covering refund of retirement deductions withheld due to suit. $668.33 to be paid from the civil service retirement and disability fund.

There is also submitted for the consideration of Congress in compliance with the provisions contained in the Deficiency Act of April 27, 1904 (31 U. S. C. 583, par. 2), a request for funds for the payment of interest on the judgment in favor of Hattie F. Small, rendered against the Government by a United States district court under the provisions of the act of March 3, 1887, as amended by section 297 of the act of March 3, 1911 (28 U. S. C. 761), as submitted to the Treasury Department by the Attorney General.

For the payment of the interest referred to above there is required an indefinite appropriation under the Civil Service Commission to pay the interest allowed by the court.

Very truly yours,

C. R. SCHOENEMAN,

Budget Officer, Treasury

DEPARTMENT OF JUSTICE, Washington, D. C., June 13, 1944.

Re: Hattie F. Small v. United States (in the District Court of the United States for the District of Columbia, Civil No. 18,082) TREASURY DEPARTMENT,

Washington, D. C.

SIRS: Herewith transmitted for report to Congress for appropriation is certified copy of a judgment in the sum of $668.33 entered for plaintiff in the above cause on February 15, 1944.

Suit was brought under the Tucker Act to recover $668.33, which was claimed to be the amount standing to plaintiff's credit in the civil service retirement and disability fund. The Civil Service Commission, Retirement and Disability Fund Division, is the agency in interest.

Appeal will not be taken from the judgment.

It appears that the judgment will bear interest at the rate of 4 percent from the date of its entry until the date when an appropriation is made for its payment as provided by section 10 of the Tucker Act (28 U. S. C. A., Sec. 765). The clause in the judgment reading "with interest from and after February 17, 1941," would thus seem to be no more than declaratory of the existing law on the question of interest.

Tracy L. Jeffords and Gerald M. Johnson, 1427 1 Street NW.. Washington, D. C., appear as counsel of record for the plaintiff.

Respectfully,

FRANCIS M. SHEA,
Assistant Attorney General

(For the Attorney General)

Name: Hattie F. Small.

Date: February 15, 1944.

Amount: Principal to be paid from civil-service retirement and disability fund. Costs: None.

Interest: Indefinite.

Nature of claim: Suit was brought under the Tucker Act to recover $668.33, which was claimed to be the amount standing to plaintiff's credit in the civilservice retirement and disability fund.

Final decree: Ordered that the motion be and it is granted and judgment is awarded to plaintiff, Hattie F. Small, against defendant, United States of America, for $668.33 with interest from and after February 17, 1941.

Court: United States District Court, District of Columbia.

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SUPPLEMENTAL ESTIMATES OF APPROPRIATIONS-POST OFFICE DEPARTMENT

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

SUPPLEMENTAL ESTIMATES OF APPROPRIATIONS FOR THE POST OFFICE DEPARTMENT. FISCAL YEAR 1944, AMOUNTING TO $460,300

JUNE 19 (legislative day. MAY 9), 1944.-Read; referred to the Committee ou Appropriations and ordered to be printed

The PRESIDENT OF THE SENATE.

THE WHITE HOUSE, Washington, June 17, 1944.

SIR: I have the honor to transmit herewith for the consideration of Congress supplemental estimates of appropriations in the amount of $460,300 for the Post Office Department for the fiscal year ending June 30, 1944.

The details of these estimates, the necessity therefor, and the reasons for their transmission at this time are set forth in the letter of the Director of the Brueau of the Budget, transmitted herewith, in whose comments and observations thereon I concur.

Respectfully,

FRANKLIN D. ROOSEVELT.

S. Docs., 78-2, vol. 12- -40

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET, Washington, D. C., June 17, 1944.

The PRESIDENT

The White House.

SIR: I have the honor to submit herewith for your consideration supplemental estimates of appropriations for the Post Office Department for the fiscal year ending June 30, 1944, in the amount of $460,300 as follows:

POST OFFICE DEPARTMENT

(Out of the postal revenues)

OFFICE OF THE CHIEF INSPECTOR

For an additional amount for salaries of inspectors, fiscal year 1944______ $12,500

OFFICE OF THE FIRST ASSISTANT POSTMASTER GENERAL

For an additional amount for compensation to postmasters, fiscal year 1944. including the objects specified under this head in the Post Office Department Appropriation Act, 1944..

OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL

For an additional amount for operating Force, Public Buildings, Maintenance and Operation, fiscal year 1944, including the objects specified under this head in the Post Office Department Appropriation Act, 1944-

311, 000

136, 800

Public Law 334, approved June 12, 1944, makes provision for a 48hour workweek for postmasters at first-, second-, and third-class post offices, and for post office-inspectors, and provides for additional compensation for the additional 8 hours. It further provides that for Saturday service, if the exigencies of the service require it, employees of the Custodial Service, except charwomen and charmen and those working part time, may be paid overtime in lieu of compensatory time. These estimates of appropriations are necessary so as to enable the Post Office Department to comply with the provisions of the public law cited.

These estimates of appropriations are required to meet contingencies which have arisen since the transmission of the Budget for the fiscal year 1944. I recommend that they be transmitted to Congress Very respectfully,

HAROLD D. SMITH,

Director of the Bureau of the Budget,

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