2 
Congress was so adamant against the inclusion of the Smithsonian Institution 
under Civil Service Commission retirement, this despite personal appeals by 
Chief Justice Stone and Congressman Cannon. In the circumstances, Mr. Cairns 
is not enthusiastic about having the matter considered again by the Civil 
Service Commission. 
If this plan is adopted it would proceed as follows: 
(1) Vote by the temporary employees on the private fund roll. 
If two-thirds of the temporaries are in favor, 
(2) The subject would be placed before our Executive Committee 
either (a) by letter or (b) a meeting. If they approve 
(as required by Board action) - 
(3) The forms would be completed and sent to Internal Revenue. 
It appears that the Gallery is not concerned in this procedure. They 
have only three persons outside the permanent roll and these have all signed 
contracts. 
k 
We do not have too many in the Smithsonian Institution since two were 
recently made permanent - Dovener and Reynolds of Freer. Yen is questionable, 
probably included, but J. B. Knight appears to be included since he is serving 
under appointment, even though at a flat salary. Tom Henry may/included on 
the same basis but his case is complicated by the fact that he is unquestionably 
on Social Security at the STAR. Perhaps we should put him on Civil Service 
Retirement. We will get Mr. Adams T opinions on who should be included. The 
amount involved to the Smithsonian Institution is relatively small. 
The only thing which worries me is the effect it may have on those 
private fund employees and officers now under Civil Service retirement. It 
would make little difference to these regardless of whether we have the pre¬ 
liminary conference or not - as a matter of fact, if no question is raised, we 
would be better off without a conference. One of the most heartening things 
is a statement in the law (Sec. 210) which excludes from Social Security 
coverage "Service performed in the employ of the United States, or in the 
employ of any instrumentality of the United States, if such service,is covered 
by a retirement system established by a law of the United States;’* If we are 
a ^private Instrumentality of the United. States 1 we would apparently be covered 
as any other Federal Agency, i.e. Temporaries under Social Security, Permanents 
under Civil Service Commission Retirement. 
I would be glad to have your guess as to (a) a preliminary conference and 
o>) whether Executive Committee approval should be by letter or meeting. I 
incline toward the meeting. As to the conference I am Inclined to be guided 
by Mr. Cairns* legal experience. 
This is brought to your attention since you may be affected, as are 
Wenley, L. Clark, Oehser, and others. We must take action before March 31. 
Ends. 3 
