less the party presenting them claims payment of their nominal value, in which case the Department will retain the coupons until the bonds from which they were detached shall have been presented, and the conflicting claims adjusted.

When a called bond is presented for redemption, from which a coupon, maturing after the day fixed in the call for such redemption, shall have been detached, the nominal value of such coupon shall be deducted from the sum due upon the bond, unless the coupon shall have been paid as above; the sum thus deducted to be retained to await the presentation of the coupon and a settlement.

All correspondence in relation to bonds that have been called in for redemption, or coupons belonging thereto, should be addressed to the "Loan Division," Secretary's Office.

(Department Circular No. 48, dated May 9, 1872.)

EXEMPTION OF UNITED STATES BONDS FROM TAXATION.

Section 3701 of the Revised Statutes provides as follows: "All stocks, bonds, Treasury notes, and other obligations of the United States, shall be exempt from taxation by or under State or municipal or local authority." This section makes the exemption from taxation binding only upon "State or municipal or local authority;" but according to the express terms of the act of Congress of July 14, 1870, the bonds and the interest thereon of the funded loans which are thereby authorizednamely, the loan of 1881, the loan of 1891, and the four-per-cent. consols of 1907-"shall be exempt from the payment of all taxes or duties of the United States, as well as from taxation in any form by or under State, municipal, or local authority; and the said bonds shall have set forth and expressed upon their face the above specified conditions."

MEMORANDUM.

THE SERVICES OF WILLIAM LAWRENCE AS FIRST ComptrolLER TERMINATED WITH THE CLOSE OF MARCH 24, 1885. WHEN HE RETIRED FROM OFFICE NOT ONE CASE OR QUESTION READY FOR HIS FINAL ACTION WAS LEFT UNDISPOSED OF OR UNDECIDED.

332

INDEX OF DECISIONS AND APPENDIX.*

Accounting Officers.

DISABILITIES OF -:

A.

Page.

Cannot decide on the necessity of appointing special deputy marshals
or on that of the number appointed. Reasons, discussion of sub-
ject, and illustrations....

184-188

Cannot revise the discretion given to other officers. Reason, and
illustrations of rule......

186-188

Reasons.....

Will not generally take any final action on a claim presented to
them, on which suit is pending against the United States in the
Court of Claims.

..220, 225-227

DISCRETION OF -:

The extent to which they are bound by decisions of Court of Claims,
and discussion of subject......

DUTIES OF:

Discussion of

ESTOPPEL OF —:

The judicial common-law doctrine of res adjudicata and the so-called estoppel produced thereby, is a law for courts, and may be applied by them as to suitors therein. But beyond this it has no effect, except to estop accounting,officers from denying the validity of a judgment of a court of claims unappealed from and for the payment of which Congress has made an appropriation...... JURISDICTION OF -:

Shall decide what persons, as attorneys or clients, shall receive drafts
in settlement of a judgment of a commission....

POWERS OF:

Discussion of –

237-246

80

237

.... 1, 13, 18

80

Have the same authority to examine a refunding claim and pass on
its legal merits as the Commissioner of Internal Revenue.......150, note.
In disallowing a chief supervisor's claim for compensation, they are
not subject to review by a circuit or district court of the United
States, or any judge thereof......

.84, 87, 88 80, 81

May allow or disallow claims payable out of appropriations.....
Reserve right to make special orders concerning who should receive
drafts in payment of judgment certified to the Treasury Depart-
ment by a commission......

1, 13, 14

* Prepared by Frank E. Anderson, of the First Comptroller's Office. Proof read by Thomas Robinson and Frank E. Anderson.

Accounting Officers-Continued.

POWERS OF-Continued.

They have always maintained their right to exercise and ac tupon
their own judgment in allowing or disallowing claims. Even the
head of an executive department cannot control their judgment
in matters in which the law requires them to exercise that judg-
ment. Illustrations......

(See ACCOUNTS; COMPTROLLERS; EXECUTIVE OFFICERS; OFFICERS;
SECOND COMPTROLLER.)

Page.

241-243

Accounts.

ALLOWANCE OF -:

Act.

Mode of-charged in part by act Feb. 22, 1875 (18 Stat., 333), which, to that extent, repeals Rev. Stat., sec. 846. How certified now.. SALARY-: (See VERIFICATION OF —, post.)

SETTLEMENT OF―:

Usual practice in cases such as that of the Central and South Amer-
ican Commissioners. Illustration...

VERIFICATION OF―:

104, 105

84,88

257

Fees for verification of salary accounts of permanent officers are not
by usage paid by the United States. But contra, as to affidavits
verifying bills for traveling expenses..
105 and note, 106
Posmasters, post-office inspectors, and other agents of the Department

must verify salary and expense accounts at their own expense.. 107, note. (See CENTRAL AND SOUTH AMERICAN COMMISSIONERS, subtitle, Expenses of—, and see titles referring to particular officers, for accounts in which they are concerned. [e. g., CHIEF SUPERVISORS OF ELECTIONS, subtitle, accounts of -.])

CONSTITUTIONAL LIMITATION ON-:

The right to interest according to the terms of a contract, express or
implied, is a vested right, which, under the Constitution, cannot
be divested by a legislative act. But the act may change the
rate of interest prescribed by a pre-existing statute on causes of
action in tort given by statute, even though an action be pending
thereon. General discussion

137, 142-146 Sept. 2, 1789, 1 Stat., 66, sec. 3, duties of the Comptroller.............. 83, note. Sept. 24, 1789, 1 Stat., 92, sec. 35, parties may manage their own cases; United States attorney, his duties and compensation; AttorneyGeneral of United States, his duties and compensation

Jan. 31, 1823, 3 Stat., 723, sec. 2, officers or agents of the United

37,47

May

13, 1846, 9 Stat., 11, increase or reduction of number of privates
in regiments....

Feb. 26, 1853, 10 Stat., 161, fees and costs allowed clerks, marshals,
and attorneys..

Feb. 26, 1853, 10 Stat., 162, same as above
Feb. 26, 1853, 10 Stat., 166, sec. 3, same as above..

76

55

.....

42, 55, 60, 62, 64

46

Act-Continued.

Aug. 16, 1856, 11 Stat., 50, sec. 12, accounts for services when United
States are parties in interest merely
or when officers are sued, payment of.

...

March 2, 1861, 12 Stat., 218, suppression of slave trade ................
July 1, 1862, 12 Stat., 439, sec. 19, duties; collector to give notice that
they are due; 10 per cent. additional
for non-payment; collector to make
demand, and, on non-payment, to dis-
train and sell. Officer's duty in cases
of distraint. Return of goods, when.
Sale. Expenses and charges. What
exempt from distraint....

July 1, 1862, 12 Stat., 473, 474, income duty......

March 3, 1863, 12 Stat., 736, sec. 35, details to special service, how

made....

March 3, 1863, 12 Stat., 741, sec. 11, district attorneys to have 2 per
cent. upon collections under revenue
laws, in full for costs and fees......

46

March 12, 1663, 12 Stat., 820, captured and abandoned property.. 36, 37, 40, 42,

June 30, 1864, 13 Stat., 240, sec. 46, proceedings in States where laws
cannot now be executed....

June 30, 1864, 13 Stat., 312, sec. 19, marshals and clerks not to retain
more than maximum compensation..

52, note.

217

46

July
March 3, 1865, 13 Stat., 469, internal revenue
July 24, 1866, 14 Stat., 221, sec. 2, aid in construction of telegraph
lines and Government use of them...
July 28, 1866, 14 Stat., 329, sec. 8, the protection given to revenue

2, 1864, 13 Stat., 375, captured and abandoned property.. 36, 37, 40, 42,
52, note.

officers extends to persons acting by
direction of the Executive under the
laws for the collection of abandoned
property, &c.......

108

112

37, 38, 40, 43, 44, 48
167, 175

May 31, 1870, 16 Stat., 140, elective franchise law
May 31, 1870, 16 Stat., 142, secs. 8, 9, 10, elective franchise law;

jurisdiction under-. Number of com-
missioners. Marshals and deputies.
Powers and duties of these officers... 165, 166

167

63

May 31, 1870, 16 Stat., 145, elective franchise law....
June 22, 1870, 16 Stat., 162, sec. 5, Department of Justice; cases in the

urt of Claims and Supreme Court.

June 22, 1870, 16 Stat., 164, sec. 15, Department of Justice; supervis-

ory powers over accounts of d strict
attorneys, &c., to be exercised by At-
torney-General

June 28, 1870, 16 Stat., 168, certain holidays established in the District

of Columbia..

July 12, 1870, 16 Stat., 251, sec. 2, unexpended balances of specific ap-

propriations for any year, how applied,
&c.......

May 31, 1870, 16 Stat., 254, naturalization laws amended; punishment

of crimes against the same

46

129

32

170