Each contract was expressly made subject to paragraph 9 of schedule No. 1 (special conditions) to "Specifications and Proposals Issued by the Treasury Department, Procurement Division, Branch of Supply, Washington, D. C." The language referred to is as follows: "In the event that the National Bituminous Coal Commission shall establish during the period of this contract a minimum price for the size of coal produced at the mine named in the contract which is more than the contract price for such size coal, the contract price shall be increased to the minimum price so established by the Commission for all coal shipped from the mine and delivered after the effective date of the establishment of such minimum price." Paragraph 9 continues with a reservation of the right by the Government to renew the contract for successive 30-day periods until the Commission should establish a minimum price, and for another period of 60 days after the establishment of such price. The final portion of the paragraph states that 41* * * the price to be paid during such renewal periods shall be the contract price or the minimum price, if any, established by the Commission effective on dates of shipment from the mine named in the contract." It is apparent that the Government made this language part of each contract with the clear expectation that it would be required to pay an increased price if the Commission issued an appropriate order. The Government exercised its right to extend the contract periods. Then, on November 30, 1937, the National Bituminous Coal Commission issued its order No. 89. Effective December 16, 1937, minimum prices were established for the coal to be delivered under the two contracts instantly involved. Pennsylvania. Coal & Coke Corporation thereafter received notices from the Procurement Division, exercising the Government's right to extend each contract for a final period of 60 days from the establishment of the minimum price. The expiration date of each contract thereupon became February 13, 1938. Beginning with the shipments made on December 16, 1937, and continuing through the shipments made on February 13, 1938, the minimum prices established by the National Bituminous Coal Commission were applied. These prices were somewhat in excess of the contract prices. The Government, in accordance with the language of paragraph 9 (quoted above), accepted vouchers calling for these higher prices, and payment at those rates was actually received by the Corporation. On February 24, 1939, the National Bituminous Coal Commission issued its order No. 230. This order revoked, effective 11:59 p. m. on February 25, 1939, the minimum prices theretofore in effect. There was nothing in this latter order to indicate it was retroactive. Meanwhile, the corporation had been supplying the Government with coal pursuant to additional contracts. In making a routine payment of its March 1939 accounts in accordance with such additional contracts, the Government deducted the sum of $24,540.02. This amount represents the difference between the original contract prices on contracts Nos. Tps-20037 and Tps-20041 and the minimum prices paid pursuant to National Bituminous Coal Commission Order No. 89 during the period from December 16, 1937, through February 13, 1938. On April 19, 1939, the corporation wrote the Comptroller General of the United Sgates to complain of the deduction. The Comptroller General replied under date of September 14, 1939. He certified that no balance was found due from the United States on the ground that doubt had arisen concerning the validity of the orders of the National Bituminous Coal Commission. The Comptroller General's letter states that the amount in question was required to be deducted, "but without prejudice to the contractor's right to submit a reclaim therefor in the event it shall be judicially determined that the United States is legally liable for such difference in prices." It is the contention of the Corporation that the higher prices were legal when they accrued and were paid; that the Government was obligated to make payment at such higher prices pursuant to its contracts; and that the deduction of the sum of $24,540.02 was improper. The Corporation and the United States Government entered into the two contracts involved with full knowledge of the statute creating the National Bituminous Coal Commission and in contemplation of the fact that minimum prices would be established by the Commission. The inclusion of paragraph 9 in the specifications makes this elear. The deduction of the sum of $24,540.02 accordingly would seem to constitute a disavowal by the Government of an obligation entered into willingly on its part. H. Repts., 79-1, vol. 1- -93 Furthermore, only by reason of the accidental fact that the Government was indebted to this Corporation was it possible for the Comptroller General to obtain "repayment" of $24,540.02 so informally. Under other circumstances, the sum could not have been deducted; the Government would have had to sue for the alleged overpayment and thus bring the precise question up for judicial determination. The Corporation therefore finds itself deprived of the sum of $24,540.02 with no likelihood of a redress of its grievances. This affidavit has been prepared in support of H. R. 1375, which has been referred to the Committee on Claims in the first session of the Seventy-eighth Congress. FRANK X. LEE. Signed and sworn to before me this 19th day of February 1943. [SEAL] HELEN A. WALSH, Notary Public, New York County, N. Y. DISPOSAL OF SUNDRY PAPERS FEBRUARY 27, 1945.-Ordered to be printed Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following REPORT The joint select committee of the Senate and House of Representatives appointed on the part of the Senate and House of Representatives, and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States No. 45-26, dated February 19, 1945, to the Seventy-ninth Congress, first session, submitting the following lists or schedules, or parts of lists or schedules, covering records proposed for disposal by the Government agencies indicated: Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Government and recommends that their disposal be accomplished, subject to the provisions of section 9 of the afore-mentioned act, in accordance with the regulations promulgated by the National Archives Council under the provisions of said act. Respectfully submitted to the Senate and House of Representatives. A. J. ELLIOTT, Chairman, Members on the part of the House. ALBEN W. BARKLEY, Members on the part of the Senate. H. Rept. 235 O Mr. ELLIOTT, from the Joint Committee on the Disposition of Executive Papers, submitted the following REPORT The joint select committee of the Senate and House of Representatives appointed on the part of the Senate and House of Representatives, and acting in compliance with the provisions of the act approved July 7, 1943 (57 Stat. 380), respectfully reports to the Senate and House of Representatives that it has received and examined the report of the Archivist of the United States No. 45-25, dated February 16, 1945, to the Seventy-ninth Congress, second session, submitting the following lists or schedules, or parts of lists or schedules, covering records proposed for disposal by the Government agencies indicated: Your committee reports that the records proposed for disposal in the said lists or schedules, or parts of lists or schedules, reported by the Archivist of the United States do not, or will not after the lapse of the period specified, have sufficient administrative, legal, research, or other value to warrant their continued preservation by the Govern ment and recommends that their disposal be accomplished, subject to the provisions of section 9 of the afore-mentioned act, in accordance |