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PUBLIC SALARY Tax ACT OF 1939_TITLE I Sec. 4. The United States hereby consents to the taxation of compensation, received after December 31, 1938, for personal service as an officer or employee of the United States, any Territory or possession or political subdivision thereof, the District of Columbia, or any agency or instrumentality of any one or more of the foregoing, by any duly constituted taxing authority having jurisdiction to tax such compensation, if such taxation does not discriminate against such officer or employee because of the source of such compensation.
Sec. 5. The compensation of an officer or employee of the United States, any Territory or possession thereof, the District of Columbia, or any agency or instrumentality of any one or more of the foregoing, shall be subject to State tax only in the State in which such officer or employee is domiciled.
For the purpose of this Act, the domicile of such officer or employee shall be in the State which he expressly declares to be the State of his domicile: Provided, That he shall have acquired a domicile in such State, under the laws of such State, prior to the beginning of the annual period for which the tax is claimed. Such declaration must be made in writing under oath to the authority whose duty it is to assess, levy, or collect such taxes and the time for filing such declaration shall not expire until sixty days after a written demand for payment of such tax shall have been received by such officer or employee.
FBBRUARY 28, 1945.—Committed to the Committee of the Whole House and
ordered to be printed
Mr. COLE of Kansas, from the Committee on Claims, submitted the
(To accompany H. R. 1344)
The Committee on Claims, to whom was referred the bill (H. R. 1344) for the relief of George Webb having considered the same, report favorably thereon with an amendment and recommend that the bill, as amended, do pass.
The amendment is as follows: At the end of the bill, strike out the period and insert: : Provided, That no part of the amount appropriated in this Act in excess of 10 per centum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.
The purpose of the proposed legislation is to appropriate the sum of $79.20 to George Webb, in full settlement of all claims against the United States for services rendered by him as an employee of the Bonneville Power Administration from July 14, 1942, to July 28, 1942.
STATEMENT OF FACTS
The records indicate that Mr. George Webb was born in England and arrived in New York City in April 1910; that he enlisted in the United States Army and swore allegiance to the United States June 4, 1914; that he was honorably discharged June 4, 1920; that he served 15 years in the United States Army and has five honorable discharges. He filed Petition for Naturalization May 19, 1938, based on service in the United States Army, under the Special Soldier Act. He was naturalized January 8, 1943, in Portland, Oreg.
He registered as a laborer with the Oregon State Employment Service July 13, 1942, and was asked to report at Clateskanie, Oreg., for maintenance work on the St. Johns-Astoria transmission line. On July 14, 1942, he executed two affidavits, in both of which he swore "I am not a citizen of the United States, but I owe allegiance to the United States,” and delivered them to the employing officer. On July 14, 1942, he was hired at the rate of 90 cents per hour, to clear right-of-way for Bonneville Power Administration. He entered upon such employment in good faith and with expectation of payment and continued therein until his employment was terminated at the close of July 28, 1942. During that period he earned $79.20.
His employment was terminated and he was not paid, for the reason that he was not a citizen of the United States; and under the provisions of the Interior Department Appropriation Act, payment was withheld as in violation of a prohibition against payment to a noncitizen. The employing officer did not warn him that he was not eligible, and he did not know that fact from any other source, The Bonneville Power Administration approves payment of this claim.
In a letter from the Interior Department dated September 29, 1944, they state:
In my opinion, Mr. Webb's claim is meritorious. I am informed that he performed the services for the Government and that his employment was without his knowledge of his ineligibility. Mr. Webb's affidavit of citizenship showed clearly that he was not a citizen of the United States; and evidently, in accepting him as an employee, this statement was overlooked. Mr. Webb was in no way to blame himself; and, in my opinion, his claim is just and should be allowed.
Your committee concurs in the recommendation of the Department of the Interior. Therefore, your committee recommends favorable consideration to the proposed legislation. Appended hereto is the report of the Interior Department, together with other pertinent information.
DEPARTMENT OF THE INTERIOR,
Washington, D. C., September 29, 1944. Hon. Dan R. McGEHEE, Chairman, Committee on Claims,
House of Representatives. MY DEAR MR. McGEHEE: In accordance with your letter of April 26, requesting that there be forwarded to you for the use of the House of Representatives Committee on Claims all papers or copies of them relating to H. R. 3926, for the relief of George Webb, together with an opinion as to the merits, I am enclosing herewith copies of the papers in our file.
H. R. 3926 provides for the payment of $79.20 to Mr. Webb for services rendered by him as an employee of the Bonneville Power Administration, for which reimbursement could not be made because Mr. Webb at the time of his employment was an alien.
In my opinion, Mr. Webb's claim is meritorious. I am informed that he performed the services for the Government and that his employment was without his knowledge of his ineligibility. Mr. Webb's affidavit of citizenship showed clearly that he was not a citizen of the United States; and evidently, in accepting him as an employee, this statement was overlooked. Mr. Webb was in no way to blame himself; and, in my opinion, his claim is just and should be allowed. A complete history of the matter is set forth in the memorandum of Mr. C. E. Lamson, Director of Personnel of the Bonneville Power Administration, to-Dr. Paul J. Raver, Administrator of the Bonneville Power Administration, dated June 5, a copy of which is in the file.
I have been advised by the Bureau of the Budget that there is no objection to the submission of this report to your committee. Sincerely yours,
JUNE 5, 1944. Re George Webb, Alien.
With reference to your request, the following case history is submitted for George Webb, laborer, who was not paid for services rendered in July 1942 because he was not a citizen of the United States at the time of his employment and for whom a relief bill is now pending before Congress.
Our file reveals that Engineering Division Requisition No. 954 was prepared on July 9, 1942 for six laborers, at $0.90 per hour, for maintenance work on the St. Johns-Astoria line. On July 10 the Engineering Division requested the Oregon State Employment Service to have these laborers report on July 13, 1942, to Mr. Delbert R. Fenimore, lineman, at Clatskanie, Oreg. Mr. Webb was one of the laborers referred by the Oregon State Employment Service under that order, notwithstanding the fact that on January 10, 1941, that office was notified that thereafter no applicant would be employed unless his affidavit revealed he was a citizen of the United States and, if the applicant was born outside the United States, his naturalization papers must be submitted before he could enter on duty.
On January 13, 1941, the Director of Personnel forwarded a memo to the division heads, advising them, among other things, that
In the case of employees who are not cleared through the Personnel Division, it will be the responsibility of the foreman, or whoever is designated as the employing officer in the field, to ascertain that such applicants are citizens of the United States and eligible for employment before allowing them to enter on duty.
It is, therefore, requested that all employing officers be cautioned regarding this matter and that they be instructed to ascertain that each and every person hired in the field is a citizen of the United States before allowing such person to enter on duty."
The affidavit signed by Mr. Webb stated, “I am not a citizen of, but owe allegiance to the United States”; but Mr. Fenimore, who was designated by the Engineering Division as the employing officer in this case, hired Mr. Webb on July 14, 1942. The appointment papers were forwarded through channels and were received in the Personnel Division on July 24. Upon checking the papers, it was noted that Mr. Webb was not a citizen, and the Engineering Division was notified by telephone that he was ineligible for employment because he was an alien, His services were terminated at the close of business on July 28, 1942, and the time sheets subsequently submitted indicate that he earned a total of $79.20, no part of which has been paid.
It is believed that Mr. Vebb was unaware of the restriction against the Bonneville Power Administration hiring aliens and that he rendered these services in good faith.
Shortly after learning it was mandatory that only citizens be hired, Webb called at the office of the Personnel Division and stated he had previously signed his first papers and expected to become a citizen almost any day. It was explained to him, however, that his acquisition of citizenship at a subsequent date would still preclude payment for services rendered prior to the date of his naturalization. Mr. Webb then took up the matter of securing payment with the Oregon Bureau of Labor, and reference is made to its letter of August 4, 1942, and to the reply of Mr. Willard on September 9, 1942, both of which are in Webb's personnel file.
Your attention is also called to the memo in the file signed by Mr. Fenimore under date of June 2, 1943, in which he states that Mr. Webb was not informed at the time of his employment that he might not be paid because he was a noncitizen. In discussing this matter with Mr. Frank Moore, the supervisor of Mr. Fenimore, the Personnel Division was advised that Fenimore was aware of the restriction against the hiring of aliens and it was presumed it was merely an oversight in failing to note the statement on the affidavit and in permitting Mr. Webb to enter on duty.
I am enclosing herewith the following documents:
3. Copy of notice of assignment of Mr. Webb to duty.
7. Copy of letter of Oregon State Bureau of Labor to Bonneville Power Administration, dated August 4, 1942.
8. Copy of letter of Mr. Robert R. Willard, assistant general counsel to the Oregon State Bureau of Labor, dated September 9, 1942.
9. Report of D. R. Fenimore, lineman, to Mr. Oliver Brandon, superintendent of transmission, dated June 2, 1943.
From all the information we can get, it would appear that although the Oregon State Employment Service and the various division heads had been advised that noncitizens could not be employed, a careful check was not made of the affidavit to ascertain whether or not Mr. Webb was a citizen before he was referred for employment or before he was actually employed, that Mr. Webb entered on duty in good faith and with the full expectation of being paid for his services, and the Government received the benefit of his services. Consequently, it is our opinion that the only equitable course open is for this Administration to render all possible aid in obtaining relief from Congress for the payment to Mr. Webb of the. $79.20 earned by him.
C. E. LAMSON,
Director of Personnel. Approved June 12, 1944.
Paul J. RAVER, Administrator.
Standard Form No. 47.
Department: Department of the Interior. Bureau or division: Bonneville Power
Administration. Place of employment: Portland, Oreg. Name: George Webb.
Section 9A of Public, 252, Seventy-sixth Congress, approved August 2, 1939, otherwise known as the Hatch Act, provides:
"(1) It shall be unlawful for any person employed in any capacity by any agency of the Federal Government, whose compensation, or any part thereof, is paid from funds authorized or appropriated by any act of Congress, to have membership in any political party or organization which advocates the overthrow of our constitutional form of government in the United States.
“(2) Any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by any act of Congress for such position or office shall be used to pay the compensation of such person.
İt is provided in various appropriation acts that no part of the funds so appropriated shall be used to pay the salary or wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence, and that an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence. Such acts provide further that any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment, the salary or wages for which are paid from any such appropriation, shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both, and that the above penalty shall be in addition to, and not in substitution for, any other provisions of existing law.
I, George Webb, do solemnly swear (or affirm) that I have read and understand the foregoing; that I do not advocate the overthrow of the Government of the United States by force or violence; that I am not a member of any political party or organization that advocates the overthrow of the Government of the United