An Act to validate payments of certain special station per diem allowances and certain basic allowances for quarters made in good faith to commissioned officers of the Public Health Service
PL 87-670 (H.R.10195), enacted 09/19/1962

556 
PUBUC L
A
W 87-669-SEPT. 19, 1962 
[76 STAT. 
Public Law 87-669 
Septerrfjer 19, 1962 
A N A C T 
[H. R. 75] 
rjiQ amend section 2103 of title 28, United States Code, relating to appeals 
improvidently taken. 
Supreme Court. 
Appeals. 
62 Stat. 962. 
Be it enacted iy the Senate and House of Representatwes 
of the 
United States of America in Congress assembled^ That section 2103 
of title 28, United States Code, is amended to read as follows: 
"§ 2103. Appeal from State court or from a United States court of 
appeals improvidently taken regarded as petition for writ 
of certiorari 
"If an appeal to the Supreme Court is improvidently taken from 
the decision of the highest court of a State, or of a United States court 
of appeals, in a case where the proper mode of a review is by petition 
for certiorari, this alone shall not be ground for dismissal; but the 
papers whereon the appeal was taken shall be regarded and acted on 
as a petition for writ of certiorari and as if duly presented to the 
Supreme Court at the time the appeal was taken. 
Where in such a 
case there appears to be no reasonable ground for granting a petition 
for writ of certiorari it shall be competent for the Supreme Court to 
adjudge to the respondent reasonable damages for his delay, and 
single or double costs." 
SEC. 2. Item 2103 of the chapter analysis of chapter 133 title 28, 
United States Code, is amended to read as follows: 
"2103. Appeal from State court or from a United States court of appeals 
improvidently taken regarded as petition for writ of certiorari." 
Approved September 19, 1962. 
September 19, 1962 
[H. R. 10195] 
PubUc Law 87-670 
AN ACT 
To validate payments of certain special station per diem allowances and certain 
basic allowances for quarters made in good faith to commissioned oflScers of 
the Public Health Service. 
Public Health 
Service. 
Payment of cer-
tain allowances, 
validation. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the following 
payments are validated: (1) payments of special station per diem 
allowances for quarters made before January 1,1959, to commissioned 
officers of the Public Health Service having Alaska as their permanent 
duty station at the time of payment, which payments were not valid 
because the officers occupied Government rental quarters at less than 
their basic allowance for quarters, and (2) payments of basic allow-
ances for quarters made before February 1, 1959, to commissioned 
officers of the Public Health Service occupying Government rental 
quarters at Indian health facilities, which payments were not valid 
because such quarters were adequate public quarters. Any commis-
sioned officer or former commissioned officer who has made repayment 
to the United States of any amount so paid him as a station per diem 
allowance for quarters or a basic allowance for quarters may, upon 
his application within one year after the date of enactment of this 
Act, nave refunded to him the amount so repaid. 
Any appropriation 
that was available for the payment of salaries of commissioned officers 
of the Public Health Service at any time during the years 1955 
through 1959 is available for the payments of the refunds authorized 
by this Act. 
Approved September 19, 1962.