Manuscript Collections - White House Precedents Files

WHITE HOUSE PRECEDENTS FILES, 1929-1933

Herbert hoover Presidential Library

These materials were received from the White House Office of Records and Information in June 1984. They were assembled in anticipation of, or in response to, questions received at the White House during the Hoover administration from federal officials and private citizens. The questions were referred to a recognized authority, usually the Attorney General, who rendered an opinion. The opinions were permanently filed under “Precedents.” The following list contains a brief description of the questions and answers.  General Accession 703. Arranged chronologically.

Date                   Precedent

Mar 4, 1929        Where was the Bible opened when President Hoover was inaugurated?
                           Answer: Proverbs 29:18

Mar 4, 1929        The procedure to be followed when the President receives a new minister
                           present his letters of credence.

Apr 19, 1929      May a head of an executive department hold office after the expiration? of the
                           term of the President who appointed him?  This was put in regard to the
                           reappointment of Andrew Mellon.
                           Answer: Yes.

May 25, 1929     Is the salary of the President subject to income tax?
                           Answer: No.

Oct 10, 1929      Bibliography of writings on the powers of the President of the United States.

Oct 23, 1929      May the President send a "franked" envelope through the mail?
                           Answer: Yes (a collector prevailed on him to do so).

Dec 10, 1929     Did Article XXI of the 1922 Naval treaty preclude US attendance at another
                           naval conference?
                           Answer: No

Jan 10, 1930      Order by President empowering the Secretary of the Navy to act for the
                           President in certain matters pertaining to naval affairs.

Jan 18, 1930      May the President voluntarily appoint commissions?
                           Answer: Yes.

June 23, 1930    May the President raise the legation at Warsaw to the status of an Embassy?
                           Answer: Yes.

Feb 4, 1930        Are future ambassadors to Spanish speaking countries required to be able to
                           speak Spanish?
                           Answer: Yes.

Apr 22, 1930      Is it appropriate for the Navy Department to issue opinions to persons in other
                           branches of the Government when the opinion was not prepared to deal with a
                           question arising in the Navy Department?
                           Answer: No.

May 6, 1930       Does the existing law require that Saturday half holidays be observed
                           throughout the Federal Departments and Independent establishments within
                           the District of Columbia?
                           Answer: If the government's business requires that they be kept open on
                           Saturday afternoons, they can be.  If not, they need not be.

June 6, 1930      May the President withhold information from the Senate regarding the conduct
                           of foreign affairs?
                           Answer: Yes.

June 13, 1930    Would members of the present Congress be eligible for appointment to the
                           Office of Tariff Commissioner in the event of passage of pending tariff bill?
                           Answer: No.

July 30, 1930     May the President make recess appointments to the new Federal Power
                           Commission, and would the appointees be entitled to draw compensation from
                           the Government before confirmation by the Senate?
                           Answer: Yes, the appointments may be made.  However, the matter of
                           compensation is in doubt.

Jan 3, 1931        Does the Senate have the power to reconsider recess appointments to the
                           Federal Power Commission, and can the President be requested to return the
                           notifications?
                           Answer: In this instance, No.

Jan 28, 1931      Request for information about the value of facsimiles of the Declaration of
                           Independence.

Feb 2, 1931        May the lunch period for federal employees be extended one half hour in order
                           that they may attend memorial exercises at Lincoln Memorial?
                           Answer: No.
                          
Mar 3, 1931        Does the President have the power to approve an Act of Congress within 10
                           days after it is presented to him for that purpose, but after the expiration of the
                           present Congress on March 4th?
                           Answer: Yes.

Mar 17, 1931      What effect, if any, do Saturday half holidays for certain government
                           employees have on the computation of sick and annual leave?
                           Answer: For employees embraced within the terms of the Act of March 3,
                           1931, Saturday is counted as 4 hours in computing annual leave, and a full day
                           in computing sick leave.

Apr 2, 1931        Memo of opinions by previous Attorneys General in reference to the power of
                           the President to make recess appointments to fill vacancies arising during a
                           session by reason of new legislation.

Apr 24, 1931      Request from Senator Thomas J. Walsh for information regarding the case of
                           William Plimley, Assistant Treasurer of the U.S. at  New York City.
                           Answer: No files were found at the White House regarding the case.

July 23, 1931     May the President place an embargo on the importation of crude oil on the
                           basis of Section 337 of the Tariff Act of 1930 which prohibits unfair
                           competition?
                           Answer: No.

Sept 29, 1931     Memorandum on Presidential actions in previous depressions based on
                           recommendations expressed in annual messages.

Oct 15, 1931      Reply to inquiries relative to compensation to be paid recess appointees.

Dec 14, 1931     Statement with regard to the law governing the Annual Report of the Secretary
                           of the Navy and the Annual Reports of the Bureaus and Offices.

Dec 22, 1931     What were the dates and the places of meeting of the Continental Congress?
                           Answer: List attached.

Jan 11, 1932      Is the provision directing the appointment of 2 members of the RFC board by
                           the Speaker of the House, by and with the advice and consent of the Senate,
                           constitutional?
                           Answer: No.

Feb 9, 1932        Memorandum on the question of whether an Act of Congress became law
                           when it was approved by the President on March 5, 1931, after the final
                           adjournment of the Congress which passed it?
                           Answer: Yes, it does.

Mar 14, 1932      Would it be desirable to pass legislation noting the date, hour, and minute the
                           President signs bills and Joint Resolutions passed by both Houses of
                           Congress?
                           Answer: Formal legislation unnecessary.

Apr 15, 1932      How should commissions signed by the President be dated?                               
                           Answer: The commission ought to bear the date on which the notification is
                           received at the White House, or some later date.

May 2, 1932       Is the President constitutionally empowered to change rates of duty through
                           the medium of the Tariff Commission?                              
                           Answer: Yes.

July 6, 1932       Does the President have the authority to issue an ED granting sick leave of
                           absence generally to all employees in the Federal Service? (Certain
                           employees in Navy Yards, and arsenals, the GPO, and the Bureau of
                           Engraving and Printing do not receive sick leave).
                           Answer: No

Aug 1, 1932        May a man appointed as Chairman of the Board of the Home Loan Bank retain
                           his position of director or office of a private bank or insurance company?
                           Answer: Yes, provided he devote full time to the Federal appointment and no
                           time to the private company, nor may he receive any pay from private
                           companies and that he be considered as being on leave of absence from the
                           private sector.

Oct 24, 1932      Request for the loan of the Theodore Roosevelt portrait by Sargent from the
                           White House collection to the Museum of Modern Art.
                           Answer: Denied.

Dec 21, 1932     The President denominated a commissioner of the Interstate Commerce
                           Commission whose Commission expires on December 31. The Congress did
                           not act on it before adjournment and will not reconvene until January 3.  Is the
                           period between December 31 and January 3 a recess within the meaning of
                           Article 11, Section 2 of the Constitution?
                           Answer: No, the President should not make a recess appointment under these
                           conditions.

Jan 8, 1933        Memorandum, telegram of sympathy, etc., to Mrs. Calvin Coolidge on the
                           death of the former president.