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duty of the official superior of such employee to at once report such accident and the injury resulting therefrom to the head of his bureau or independent office, and his report shall be immediately communicated through regular official channels to the Secretary of Commerce and Labor. Such report shall state, first, the time, cause, and nature of the accident and injury and the probable duration of the injury resulting therefrom; second, whether the accident arose out of or in the course of the injured person's employment; third, whether the accident was due to negligence or misconduct on the part of the employee injured; fourth, any other matters required by such rules and regulations as the Secretary of Commerce and Labor may prescribe. The head of each department or independent office shall have power, however, to charge a special official with the duty of making such reports. Affidavits in case of death.
Sec. 4. That in the case of any accident which shall result in death the persons entitled to compensation under this act or their legal representatives shall, within ninety days after such death, file with the Secretary of Commerce and Labor an affidavit setting forth their relationship to the deceased and the ground of their claim for compensation under the provisions of this act. This shall be accompanied by the certificate of the attending physician setting forth the fact and cause of death, or the nonproduction of the certificate shall be satisfactorily accounted for. In the case of incapacity for work lasting more than fifteen days, the injured party desiring to take the benefit of this act shall, within a reasonable period after the expiration of such time, file with his official superior, to be forwarded through regular official channels to the Secretary of Commerce and Labor, an affidavit setting forth the grounds of his claim for compensation, to be accompanied by a certificate of the attending physician as to the cause and nature of the injury and probable duration of the incapacity, or the nonproduction of the certificate shall be satisfactorily accounted for. If the Secretary of Commerce and Labor shall find from the report and affidavit or other evidence produced by the claimant or his or her legal representatives, or from such additional investigation as the Secretary of Commerce and Labor may direct, that a claim for compensation is established under this act, the compensation to be paid shall be determined as provided under this act and approved for payment by the Secretary of Commerce and Labor. Medical examinations.
Sec. 5. That the employee shall, whenever and as often as required by the Secretary of Commerce and Labor, at least once in six months, submit to medical examination, to be provided and paid for under the direction of the Secretary, and if such employee refuses to submit to or obstructs such examination his or her right to compensation shall be lost for the period covered by the continuance of such refusal or obstruction. Payment to beneficiaries.
SEC. 6. That payments under this act are only to be made to the beneficiaries or their legal representatives other than assignees, and shall not be subject to the claims of creditors.
Contracts to exempt from liability void.
Sec. 7. That the United States shall not exempt itself from liability under this act by any contract, agreement, rule, or regulation, and any such contract, agreement, rule, or regulation shall be pro tanto void. Repeal.
Sec. 8. That all acts or parts of acts in conflict herewith or providing a different scale of compensation or otherwise regulating its payment are hereby repealed. Removal of employees from classified service.
Act August 24, 1912 (37 Stat., 539). SEC. 6. That no person in the classified civil service of the United States shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal; and copies of charges, notice of hearing, answer, reasons for removal, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, and the Civil Service Commission also shall, upon request, be furnished copies of the same:
The right of persons employed in the civil service of the United States, either individually or collectively, to petition Congress, or any Member thereof, or to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interfered with.
Act of March 4, 1915 (38 Stat., 1086). General Expenses, Forest Service: *
to erect necessary buildings: Provided. That the cost of any buildings erected shall not exceed $650.
(By the Agricultural appropriation act of Mar. 4, 1907 (34 Stat., 1269), the limit of cost for buildings was fixed at $1,000. This was reduced to $500 by the appropriation act of May 23, 1908 (35 Stat., 259), and increased to $650 by the act of Mar. 4, 1911 (36 Stat., 1235). The same limit of cost has been fixed by subsequent appropriation acts. Construction of telephone lines.
Act of March 4, 1913 (37 Stat., 828).
That hereafter the Secretary of Agriculture, whenever he may deem it necessary for the protection of the National Forests from fire, may permit the use of timber, free of charge, for the construction of telephone lines:
Construction of roads and trails.
Act of March 4, 1913 (37 Stat., 828). That hereafter an additional ten per centum of all moneys received from the national forests during each fiscal year shall be available at the end thereof, to be expended by the Secretary of Agriculture for the construction and maintenance of roads and trails within the national forests in the States from which such proceeds are derived; but the Secretary of Agriculture may, whenever practicable, in the construction and maintenance of such roads, secure the cooperation or aid of the proper State or Territorial authorities in the furtherance of any system of highways of which such roads may be made a part; Construction of ranger stations on homestead lands.
Act of June 30, 1914 (38 Stat., 415).
That hereafter no part of the appropriation made by this act shall be used for the construction, repair, maintenance, or use of buildings or improvements made for forest ranger stations within the inclosed fields of bona fide homestead settlers who have established residence upon their homestead lands prior to the date of the establishment of the forest reservation in which the homestead lands are situated, without the consent of the homesteader; Contributions toward cooperative work in forest investigations, protection, and improvement.
Act of June 30, 1914 (38 Stat., 415). That hereafter all moneys received as contributions toward cooperative work in forest investigations, or the protection and improvement of the national forests, shall be covered into the Treasury and shall constitute a special fund, which is hereby appropriated and made available until expended, as the Secretary of Agriculture may direct, for the payment of the expenses of said investigations, protection, or improvements by the Forest Service, and for refunds to the contributors of amounts heretofore or hereafter paid in by them in excess of their share of the cost of said investigations, protection, or improvements: Provided, That annual report shall be made tó Congress of all such moneys so received as contributions for such cooperative work. Reimbursement for property lost, damaged, or destroyed.
Act of March 4, 1913 (37 Stat., 828). That hereafter the Secretary of Agriculture is authorized to reimburse owners of horses, vehicles, and other equipment lost, damaged, or destroyed while being used for necessary fire fighting, trail, or official business, such reimbursement to be made from any available funds in the appropriation to which the hire of such equipment is properly chargeable. Sale or exchange of animals.
Act of March 4, 1915 (38 Stat., 1095). Hereafter the Secretary of Agriculture is authorized to sell in the open market or to exchange for other live stock such animals or animal products as cease to be needed in the work of the department, and all moneys received from the sale of such animals or animal products or as a bonus in the exchange of the same shall be deposited in the Treasury of the United States as miscellaneous receipts. Sale of condemned property.
Act of March 4, 1907 (34 Stat., 1256).
and hereafter he Secretary of Agriculture] may dispose of photographic prints (including bromide enlargements), lantern slides, transparencies, blue prints, and forest maps at cost and ten per centum additional, and condemned property or materials under his charge in the same manner as provided by law for other bureaus.
An officer or employee of the Federal Government is exempt from the operation of State legislation in so far as it may interfere with, or impair, his efficiency in performing the functions by which he is designed to serve that Government. Otherwise he does not cease to be subject to the laws of the State under whose jurisdiction he may be by reason of becoming a Federal officer or employee. (Sol. Op., Aug 14, 1915.) See also 2 Sol. Op., 841.
It is the opinion of this office that the levy against a Federal officer or employee of a poll road tax, to be paid in money, does not hinder the performance of his duty to the United States Government, and that he is not entitled to exemption from the tax by reason of being such officer or employee. Whether, in such case, the officer or employee is liable to the tax depends upon the interpretation and application of the particular State statute which imposes it. (Id.)
În the case at hand, it appears that for a period of more than 12 months Mr. has actually lived in
Idaho, has received the protection of the laws of the State, and has probably used its roads. Under these circumstances it is believed that he should pay the road poll tax of $4 assessed against him under the Idaho statute. (Id.)
Forest supervisors are not authorized to commute leave without pay to leave with pay. (1 Sol. Op., 73.)
An employee of this department can not receive compensation from it while on leave with pay from the Indian Service. (1 Sol. Op., 102.)
Forest officers, being charged with the duty of protecting the National Forests and invested with authority to make arrests, may carry concealed weapons, if necessary to the discharge of these duties, and in doing so are not subject to the State laws regarding the carrying of concealed weapons. (1 Sol. Op., 112.).
It is not the duty of forest officers directly to prosecute in a State court a person accused of violating State statutes by starting a fire which spreads to National Forest lands. In such case they would perform their full duty by calling the attention of the proper State officers to the alleged crimimnal offense, suggesting action and offering to aid in all proper ways. (2 Sol. Op., 693.)
1 See also decisions under “ Fiscal Management.”
The limitation of $500 on the cost of buildings, contained under “General expenses,” in the appropriation for 1911, applies also to ranger cabins erected under the appropriation for “Improvement of National Forests." (Comp. Dec. of May 23, 1911, unpublished.)
Under the provision in the appropriation act for 1912 an existing ranger cabin may be enlarged to meet the present needs of the Forest Service, provided the total cost of the enlarged building does not exceed $650. (2 Sol. Op., 679.)
The foregoing provision does not, however, authorize additional expenditures on old cabins merely for the purpose of making them more comfortable and commodious for the same number of rangers and the same amount of business as they were originally constructed to provide for. (2 Sol. Op., 679.)
One who has contracted for the construction of a ranger station may transfer such contract to another party; the United States may recognize the assignment and require the assignee to complete the ranger station. (2 Sol. Op., 1094.) Roads.
An appropriation for the "improvement of the National Forest,” with a provision that the money appropriated may be expended as the Secretary of Agriculture may direct, authorizes him to cooperate with county commissioners in the construction of a county road through a National Forest, by contributing money for that purpose. (1 Sol. Op., 154.) Telephone lines.
The Forest Service may legally enter into an agreement for the cooperative construction of a telephone line where under the terms of such agreement the United States is to retain title to all timber taken from the National Forests used either in the construction or maintenance of said line, the other contracting party to furnish all other materials and labor necessary. (2 Sol. Op., 999.)
Where telephone lines belonging to the Forest Service have been constructed over public lands, in the patents issued to such lands there will be inserted a clause excepting from the conveyance the telephone line and all appurtenances thereto, together with the right of the United States, its officers, agents, or employees, to maintain, operate, repair, or improve such telephone line so long as needed or used for or by the United States. (Letter (D–17542) of Assistant Secretary Sweeney, dated Aug. 31, 1915, directed to the Commissioner of the General Land Office.) Sale of condemned property.
Government property in the nature of fixtures, such as cabins, fences, etc., may be sold as personal property either before or after the land to which they are attached is released from withdrawal for administrative use of the Forest Service. (1 Sol. Op., 272.)
Logs from deserted cabins on National Forests may be sold by the Forest supervisors under authority of Revised Statutes, section 3618. (1 Sol. Op., 109.)