Page:United States Statutes at Large Volume 47 Part 1.djvu/1538

 1514 72d CO NGRESS. SESS. II. CH. 212. MARCH 3, 1933 . as"1935"; and the figures "1935" as "1936"; and, in the case of sections 102 and 203, the figures " 1932 " shall be read as "1933"; except that in the application of such sections with respect to the fiscal year ending June 30, 1934 (but not with respect to the fiscal Amend ment s. year ending June 30, 1933), the following amendments shall apply : Special delive ry mes- (1) Section 104 (a) is amended by striking out the period at the seniors Postal Service, notincluded. end thereof and inserting a semicolon and the following : 11 and (12) Ante, p. 400. s ecial delivery messengers in the Postal Service ." ; and section 105 (d) (2) is amended by adding at the end t hereof the follo wing : sum not inc luded in " special delivery messengers in the Postal Service, but in the case calculation ara te of compen- sation of such messengers, the sum of $400 shall not be included in the calculation of the rate of their compensation for the purposes of this title ;". Ret ir ed pay reduo Lions. (2) Sect ion 106 is amend ed by st riking o ut "excep t judges whose Judges, exemptions. compensa tion may not, un der the Constitu tion, be diminish ed durin g Ante, p. 401. their continuance in office " and inserting in lieu thereof " except judges, whose compensation, prior to retirement or resignation, could not, under the Constitution, have been diminished " . Furlough of sdurin. (3) Section 216 is amended by striking out the period at the end fiscal year,1s3~ d""ng thereof and inserting in lieu tereof a colon and the following Ante ,p 407 . cs Perloapiimited . Pro vid ed fur the r, That n o employee under the classified civil serv- ice shall be furloughed under the provisions of this section for a total of more than ninety days during the fiscal year 1934 except after full and complete compliance with all the provisions of the civil service laws and regulat ions relating to reductions in p ersonnel ." Transfer of appropri- (4) Section 317 is amended b striking out the period at the end ations. Ante, p. 411. thereof and inserting in lieu thereof a colon and the following : "Prohibited when for a Pro vid ed fur the r, That no part of any appropriation for `public wor ks', nor any par t of any allotme nt or portion av ailable for' pub lic works' under any appropriation, shall be transferred pursuant to the authority of this section to any appropriation for expenditure for personne l unless such pC ersonnel is required upon or in connection strued .iio works' con- with 'public works' . Public works as used in this section shall comprise all pro jects fa lling in the gen eral clas ses enum erated i n Budget Stat ement Numbered 9, pages A177 to A182, inclu sive, of the Budget for the fiscal year 1934, and shall also include the procure- ment of new airp lanes an d the co nstructi on of ves sels und er appro - when interpretation priations for `Increase of the Navy .' The interpretation - by the conclusive . Director of the Bureau of the Budget, or by the President in the cases of the War Department and the Navy Department, of `public "compensat ion" in- works', as defined and designated herein, 'shall be conclusive ." cludes retired, etc ., pay (5) Sect ion 104 (b) and section 106 are amended b y striki ng out o f Army, enlisted "(except enlisted)" ; section 104 (b) is amended by striking out Compensationreduc- !' does not in clude the active or retired pay of the enlisted personnel tiA nte, pp .400,401. of the Army, Nav y, Marine Corps, or Coast Guard ; and"; and section 105 (d) is amended by adding at the end thereof the following new personnel. A=y, etc., enlisted paragraph „ 8 ( he enlisted personnel of the Army, Navy, Marine Corps, suspension of incon- and Coast Guard ." sistent Acts. (b) All Acts or parts of Acts inconsistent or in conflict with the provisions of such sections, as amended, are hereby suspended during Jurisdiction in suits, the period in wh ich such section s, as amended, a re in effect . (c) No court of the United States shall have jurisdiction of any suit against the United States or (unless brought by the United States) against any officer, agency, or instrumentality of the United Ante, pp. 399'403. States arising out of the application, as provided in this section, of such sections 101, 102, 103, 104, 105, 106, 107, 108, 109, or 112 as amended, unless such suit involves the Constitution of the United States.