Page:United States Statutes at Large Volume 50 Part 1.djvu/558

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75TH CON GRESS, 1sT SESSIO- -CHS. 517, 520, 522-JULY 22, 23, 26, 1937 SLPARABILITY SEC. 55 . If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circ umstan ces, shall not be affe cted t hereb y . Approved, July 22, 1937 . [CH APT ER 520 ] AN ACT To confe r jurisdic tion on the Court of C laims to h ear, determ ine, and e nter judgment upon the claims of contractors for excess costs incurred while con- structing navigation dams and locks on the Mississippi River and its tributaries . Be it enacted by the Senate and House o f Representatives o f the United States of Ame rica in Co ngres s ass emble d, That jurisdiction is hereby conferred up on the Court of Claims to hear, determ ine, and enter judgments ag ainst the Un ited States u pon the claim s of the several contractors for alleged excess costs incurred in the exe- cuti on of their respe ctive contr acts, enter ed int o sin ce Jun e 16, 1933, for the construction of locks and darns for the improvement of navi- gation on the Mississippi River and its tributaries, by reason of the Government having promulgated and enforced, as alleged, due, as alleged, to the national emergency and subsequent to the dates of the severa l con tracts , rule s and regul ation s refe rred to in the se veral contracts and misinterpreted and wrongfully enforced or disre- garded, as alleged, and rules and regulations not referred to in and inconsistent with the respective contracts, as alleged, which rules and regulations, the enforcement or disregard thereof, deprived the contractor s of normal c ontrol of the ir personnel, as alleged, and further by reason of the Govermment having failed, as alleged, to supply qualified labor under the labor clauses of the respective con- tracts, resulting in excess costs, including general overhead and depr eciati on, t o the said s evera l cont racto rs on their respe ctive con- tracts, as alleged ; the said j udgme nt or decre es, if any, to be allow ed notwithstanding the bars or defenses of any alleged settlement or adjustment heretofore made, res judicata, laclies, or any provision of law to the contrary . This Act shall not be interpreted as raising any presumption or conc lusion of f act or law b ut sh all be held solel y to provid e for trial upon facts as may be alleged . Review o f such judgm ent may be ha d by either p arty in the same manner as is provided by law in other cases in such court . Approved, July 23, 1937 . [CH APT ER 522 1 AN ACT To amend the Civil Service Ac t approved January 16 , 1883 (22 Stat . 4 03 ), a n d for other purposes . Be it en acted by the Senate and H ouse of Rep resentative s of the United States o f America in Congress assembled, That an Act entitled "An Act to regulate and improve the civil service of the United States" (Act of January 16, 1883, 22 Stat . 403), is hereby amended by adding at the end of the sixth paragraph of section 2 0f the Act a new para- graph, as follows : Separability . Judgment . 533 July 23, 1937 [H. R. 25651 [Public, No . 2111 Mississippi River, locks and dams ; con- struction, etc . Claims of contrac- tors for excess costs submitted to Court of Claims . Presumption, etc . . of fact or law not rai sed . Review of judg- men t . July 26, 1937 [H. R. 34081

_ [Public, No . 2121 C ivil Se rvice Act, amendment . 22 Stat . 403 . 6U.S.C.°en .