"navigation" with the former, and little with the Treasury Department which does not concern the collection, keeping, minting, and disbursing of the public treasure. 25 Op. 29, 152.

II. Officers.

Secretary of Commerce and Labor.

8. Seal for Census Office.-The Secretary of Commerce and Labor is authorized, under the act of February 14, 1903 (32 Stat. 825), which places the Census Office under his jurisdiction, to require the Director of the Census to provide a seal for that office, as directed by section 31 of the act of March 3, 1899 (30 Stat. 1021), and to give it a device in accordance with his (the Secretary's) views. 25 Op. 1.

9. Same. There is nothing in the nature of this duty that is judicial or quasi-judicial, or of such a character that its performance should not be subject to the direction of the head of the Department. Ib.

10. Correspondence with collectors of customs.-The Secretary of Commerce and Labor is not required, in the execution of the duties imposed upon him by the act of February 14, 1903 (32 Stat. 825), to correspond with collectors of customs through the Secretary of the Treasury. 25 Op. 3.

11. Boarding of vessels.-The execution of the act of March 31, 1900 (31 Stat. 58), entitled "An act concerning the boarding of vessels," has been transferred by section 10 of the act of February 14, 1903 (32 Stat. 825), from the Secretary of the Treasury to the Secretary of Commerce and Labor. 25 Op. 51. 12. Certificates of registry of vessels.-The duty imposed upon the Secretary of the Treasury by section 4158, Revised Statutes, of transmitting to collectors of customs blank forms of certificates of registry of vessels, was, by the act of February 14, 1903 (32 Stat. 825), transferred to the Secretary of Commerce and Labor. 25 Op. 49.

13. Same-Expense-Comptroller of the Treasury. The question as to whether the expense of preparing such blank forms and furnishing them to collectors can be paid out of the appropriation for defraying the expenses for collecting the revenue from customs, is peculiarly one for the Comptroller of the Treasury to decide (23 Op. 468). Ib.

18456-08-12

14. Regulation of steam vessels.-The Secretary of Commerce and Labor is not authorized by section 4462, Revised Statutes, to amend, modify, or repeal existing regulations, or to adopt new regulations for the enforcement of the provisions of Title 52, Revised Statutes, entitled "Regulation of Steam Vessels," without prior action thereon by the Board of Supervising Inspectors. The Secretary has, therefore, no authority whatever in the matter, except as conferred by section 4405, Revised Statutes. 25 Op. 67.

15. Same.-Called meetings of the Board of Supervising Inspectors may be held at places other than Washington, within the judgment of the Secretary of Commerce and Labor, section 4405 specifying merely the place where the annual meeting of the Board shall be held. Ib.

16. Designation of river and harbor lines. The power and authority to designate lines dividing the high seas from rivers, harbors, and inland waters, conferred upon the Secretary of the Treasury by section 2 of the act of February 19, 1895 (28 Stat. 672), was, by section 10 of the act of February 14, 1903 (32 Stat. 829), transferred to the Secretary of Commerce and Labor. 25 Op. 149.

17. Penalties.-The Secretary of Commerce and Labor has no authority to direct the discontinuance of a suit for the recovery of a fine or penalty imposed for a violation of the New York Harbor act of June 29, 1888 (25 Stat. 209), nor did the Secretary of the Treasury have such power prior to the taking effect of the act of February 14, 1903 (32 Stat. 825), creating the Department of Commerce and Labor. 25 Op. 220.

18. The word "vessels," as used in the New York Harbor act (25 Stat. 209), does not relate to vessels in the sense contemplated by sections 5292-5294, Revised Statutes, authorizing the remission of fines, penalties, and forfeitures by the Secretary of the Treasury. Ib.

19. Remission of penalty-Improper manifest.-The Secretary of Commerce and Labor has no authority to remit or to reduce a fine or penalty imposed under section 15 of the act of March 3, 1903 (32 Stat. 1217), for failure to comply with sections 12-14 of that act in regard to the manifests or lists of alien passengers required to be furnished by masters of vessels arriving within the United

20. Lease of St. Paul and St. George Islands-Authority.-The act of February 14, 1903 (32 Stat. 829), transferred to the Secretary of Commerce and Labor the same authority over the islands of St. Paul and St. George, Alaska, that was theretofore possessed by the Secretary of the Treasury, and he may therefore lease those islands to the North American Commercial Company for the propagation of blue foxes. 25 Op. 497. 21. Same. The Secretary of Commerce and Labor has authority to lease, for the purpose of propagating foxes, such other islands in the waters of Alaska as had been so leased by the Secretary of the Treasury prior to May 14, 1898. Ib.

22. Same. The Secretary of Commerce and Labor has no authority to regulate the killing of fur-bearing animals in Alaska, other than fur-bearing seals. Ib.

23. The Secretary of Commerce and Labor has authority to sell a windmill formerly used for pumping water at the oyster claire, Lynnhaven, Va., but which is no longer needed or used for that purpose. 25 Op. 567. LIGHT-HOUSE AT DIAMOND SHOAL. See LIGHT-HOUSES 7.

III. Bureaus.

24. Naming the bureaus.-The Secretary of Commerce and Labor is authorized, under the act of February 14, 1903 (32 Stat. 825), creating the Department of Commerce and Labor, to change the names of the Department of Labor, the Fish Commission, and other offices thereto assigned, as the business and good government of his Department requires. 24 Op. 697.

25. Printing of special bureau reports-Beef industry report.—Section 89 of the act of January 12, 1895 (28 Stat. 622), authorizes the printing of 2,500 copies of special as well as annual reports of Department bureau chiefs, when such printing is directed by the head of a Department. 25 Op. 377.

26. Employment of honorably discharged soldiers. The preference given honorably discharged soldiers of the United States by section 5 of the act of March 6, 1902 (32 Stat. 51), in the matter of employment in the per

gardless of qualifications. Such preference is to be given if the person is equally qualified; but the appointing power still retains and must exercise its discretion and judgment in determining the fitness for the required work of the persons to be selected and retained. 24 Op. 64.

27. Same-Standard of fitness.-To this end the Director of the Census may fix a reasonable standard of fitness, and guard it by reasonable regulations intended and calculated to secure an efficient permanent force. Such regulations may relate to age, experience, rating, proposed time of service, etc. Ib.

28. Same. The preference given by the statute is one with respect to the place sought or held; but if a person of the preferred class fails to secure the place he seeks, or to retain the one he has, there is no obligation on the appointing power to create a vacancy by dismissing an efficient employee to give him another chance. Ib.

See also CIVIL SERVICE, V.

29.

Special agents.-The Director of the Census is authorized, under section 7 of the act of March 6, 1902 (32 Stat. 51), to employ special agents temporarily in the Census Office at Washington upon special work not clerical in its nature. 24 Op. 78.

30. Same. The words "all employees of the Census Office" in section 5 of the abovenamed act can not be held to apply to special agents or other field employees who may be temporarily assigned to service in the Census Office. Ib.

31. Appropriation act of March 3, 1903 (32 Stat. 1059).—The unexpended balance of the census appropriation referred to by the proviso in the act of March 3, 1903 (32 Stat. 1059), is available for census purposes, notwithstanding the specific appropriations made therefor by the act of February 25, 1903 (32 Stat. 896). 24 Op. 699.

32. The Census Office is an integral part of the Department of Commerce and Labor, and as such is subject to the direction of the Secretary of that Department. 25 Op. 11.

Various objections thereto considered. Ib.

33. Seal for Census Office.-The Secretary of Commerce and Labor is authorized, under the act of February 14, 1903 (32 Stat. 825), which places the Census Office under his jurisdiction, to require the Director of the Census

to provide a seal for that office, as directed by section 31 of the act of March 3, 1899 (30 Stat. 1021), and to give it a device in accordance with his (the Secretary's) views. 25 Op. i.

34. The special agents of the Census Office appointed to collect the statistics referred to in sections 7, 8, and 9 of the act of March 6, 1902 (32 Stat. 52), "to provide for a permanent Census Office," are required, under section 18 of the act of March 3, 1899 (30 Stat. 1019), to take an oath or affirmation before entering upon the discharge of their duties. 25 Op. 228.

DEPARTMENT OF THE INTERIOR.

I. In General, 1-3.
II. Officers.

a. Secretary of the Interior, 4–19.
b. Assistant Secretary, 20-22.
c. Commissioner of Indian Affairs,

23-25.

III. Bureaus or Offices.

a. Patent Office, 26–29.

b. Pension Office, 30-36.

c. General Land Office, 37-38.
d. Indian Office, 39.

e. Census Office, 40-45.
f. Geological Survey, 46-47.

I. In General.

1. Jurisdiction-Pension laws.-The Commissioner of Pensions and Department of the Interior have sole jurisdiction to administer and construe the pension laws. 20 Op. 178. 2. The Columbia Institution for the Deaf and and Dumb is in the Department of the Interior, in the sense that its expenditures of public money are under the head of that Department, and subject to the provisions of section 3709, Revised Statutes, in the matter of making purchases and contracts for supplies or services. 22 Op. 1.

3. By section 2 of the act of March 3, 1899 (30 Stat. 1014), the Census Bureau is made a part of the Interior Department, and as such its accounts are subject to such rules and regulations as the Secretary may prescribe, pursuant to section 22 of the act of 1894 (28 Stat. 211). 22 Op. 414.

II. Officers.

a. Secretary of the Interior.

4. Census appointees-Plan for taking the census-Contracts for supplies, etc.-The Secretary of the Interior is not required to approve the selection of appointees, the plan of the Director of the Census for taking the census, or of making contracts for supplies, etc. 22 Op. 414.

5. The expenditures incurred by the Director of the Census, within the limits authorized by the act of 1899 (30 Stat. 1014), are proper and lawful, and the Secretary of the Interior should approve them, if it is his duty to do so at all, as a ministerial act, and not as one in which he is to exercise judgment or discretion touching the wisdom or advisability of the expenditure. Ib.

6. Power to review decision of Commissioner of Patents in interference case.-The Secretary of the Interior has the authority under section 441, Revised Statutes (see also sec. 481, Rev. Stats.), to review a decision of the Commissioner of Patents made in an interference case under Rule 110, Rules and Practice of the Patent Office, upon a motion to amend a preliminary statement. 17 Op. 205.

7. Purchases from contingent fund.-Opinion of July 16, 1886 (18 Op. 424), in regard to the power conferred upon heads of Departments by section 3683, Revised Statutes, respecting purchases payable from the contingent fund, does not apply to the Assistant Secretary of the Interior while in the exercise of authority prescribed for him by the Secretary of the Interior under section 439, Revised Statutes. 18 Op. 432.

8. Forest reservations-Control and occupancy.-Congress has the right to place the control of the occupancy and use of forest reservations in the hands of the Secretary of the Interior for their preservation, and to provide that any occupancy or use in violation of the rules and regulations adopted by him shall be punishable criminally. 22 Op.

266.

9. Forest reserves, prohibition of hunting upon.-The Secretary of the Interior can not, without express authority of law, prescribe rules and regulations by which the national forest reserves may be made refuges for game, or by which the hunting, killing, or capture

10. Same. Neither the act of June 4, 1897 (30 Stat. 11, 34), nor the act of March 3, 1899 (30 Stat. 1095), nor any other provision of law confers upon the Secretary of the Interior this power. Ib.

11. Freedmen's Hospital and Asylum.The relations of the Secretary of the Interior | and the Freedmen's Hospital and Asylum are unchanged by the act of March 3, 1893 (27 Stat. 537), save that the Commissioners of the District of Columbia are given the supervision and control of expenditures for the Freedmen's Hospital and Asylum. 20 Op. 652.

12. Freedmen's Hospital-Water main.-— The Secretary of the Interior has authority to prevent the Commissioners of the District of Columbia from laying a water main across the land upon which the Freedmen's Hospital is to be erected. 25 Op. 515.

13. Same. The permission granted the Commissioners of the District of Columbia by the Chief of Engineers in charge of the public buildings and grounds in the District to lay a water main across the land upon which the Freedmen's Hospital is to be erected was a mere license, without consideration, and, being still executory, is revocable at will. Ib.

14. Rio Grande Secretary of the Interior has no power, under the provisions of the act of March 3, 1891 (26 Stat. 1101), to authorize the damming of the Rio Grande River for irrigation purposes. 21 Op. 518.

River-Damming.-The

15. Resurvey of private land claim.-An appeal does not lie to the President to set aside a decision made by the Secretary of the Interior touching the correctness or validity of a resurvey of a private land claim. 18 Op. 31. 16. Railroad land grants-Application of case of Sjoli v. Dreschel (199 U. S. 564).—The Secretary of the Interior, in the administration of the several land grants to railroads, is not bound to follow the broad principles quoted in the decision of the Supreme Court in the case of Sjoli v. Dreschel (199 U. S. 564), but may confine what is said therein to a state of facts similar to those then before the court. 25 Op. 632.

17. Same. No title passes to lieu lands before approval by the Secretary of the Interior,

so approved, the lands are to be considered as fully selected as of the date of the listing, so as to give to the company superiority over the right of homestead or preemption claimants settling after the listing by the company. Ib.

18. The stretching of wires without authority across the Iowa reservation in the District of Columbia is governed by section 1818, Revised Statutes, and should be brought to the attention of the Secretary of the Interior. 21 Op. 224.

19. Payment of Indian depredation judgments.-All authority and discretion in regard to the approval or disapproval of the payment of Indian depredation judgments from annuities and property of Indians or from appropriations on their account are vested in the Secretary of the Interior. 21 Op. 131.

AUTHORITY AND DUTIES IN REGARD TO INDIANS. See INDIANS, under appropriate headings.

CHARITABLE INSTITUTIONS IN THE DISTRICT OF

COLUMBIA. See DISTRICT OF COLUMBIA, V. ANNULMENT OF ACTION APPROVING LOCATION OF RAILROAD THROUGH PUBLIC LANDS. See RAILROADS, 9.

APPROVAL OF ELLIS CONTRACT. See INDIANS, 128-134.

RIGHT OF WAY THROUGH INDIAN RESERVASee INDIANS, 47, 48.

TION.

b. Assistant Secretary.

20. The consideration and determination of appeals to the Secretary of the Interior from the Commissioner of the General Land Office may be made by the Assistant Secretary of the Interior, under a regulation prescribed by the Secretary, pursuant to section 439, Revised Statutes. 19 Op. 133.

18 Op. 432 affirmed. Ib.

21. Same.-When the Assistant acts at a time the Secretary is not absent or sick, under a regulation made by the Secretary prescribing his powers, he should sign with his own proper official designation. Ib.

22. Same. When the Secretary is absent or sick, if the Assistant is in charge of the Department, in pursuance of sections 177 or 179, Revised Statutes, he should sign as Acting Secretary. Ib.

PURCHASES FROM CONTINGENT FUND. See DEPARTMENT OF THE INTERIOR, 7; Executive Departments, 71, 72.

c. Commissioner of Indian Affairs. 23. Acceptance of Indian Supplies.-Where a contract for the delivery of certain supplies at an Indian agency provided for the acceptance of goods inferior in quality to the sample where the emergency demanded it, the question whether the necessities of the service compelled acceptance of the articles offered was a question determinable only by the Commissioner of Indian Affairs or his agents, under the direction of the Secretary of the Interior. 17 Op. 384.

24. Removal of trespassers from Indian reservation.-The Commissioner of Indian Affairs and his subordinate, the Indian agent, have full discretion under sections 2118, 2147, and 2149, Revised Statutes, to remove from the Puyallup Indian Reservation, Wash., any person not of the tribe of Indians entitled to remain thereon, and in so doing may, by direction of the President, use any military force necessary for the purpose. 20 Op. 245.

25. Same.-An order of a State court restraining the Indian agent from so doing is beyond its jurisdiction and void, and should be disregarded. Ib.

COMMISSIONER OF PATENTS. See III, Patent
Office.

III. Bureaus or Offices.

a. Patent Office.

26. Review of decisions of the Commissioner of Patents.-The Secretary of the Interior has the authority, under section 441, Revised Statutes (see also sec. 481, Rev. Stat.), to review a decision of the Commissioner of Patents made in an interference case under Rule 110, Rules and Practice of the Patent Office, upon a motion to amend a preliminary statement. 17 Op. 205.

27. Promulgation of a rule limiting appeals to six months.-It is not unlawful for the Commissioner of Patents, with the approval of the Secretary of the Interior, to promulgate a rule limiting appeals to six months from the time

31. It is the duty of the Commissioner of Pensions, in a case where money has been paid on a pension certificate alleged to have been fraudulently obtained, to furnish the Solicitor of the Treasury with all the material facts and evidence in the case at his command, or which he can obtain, including facts and evidence with regard to certificates of deposit and mortgages that have been made and purchased with part of such money, and in every way in his power to aid in the prosecution of such suits as may be brought. 19 Op. 210.

32. Special examiners of the Pension Bureau authorized to be appointed by the act of July 7, 1884 (23 Stat. 187), and by the act of March 3, 1885 (23 Stat. 418), come within the purview of the civil-service act of January 16, 1883 (22 Stat. 403); and in appointing such officers the latter act and rules thereunder should be observed. 18 Op. 172.

33. Same. The term of service to which a special examiner is appointed is one year. The office is as new a creation by the act of