March 3, 1885, as it was by the act of July 7, 1884. Ib.

34. Medical referee-Medical examiners and law clerks-Civil service.-The officers in the Pension Bureau described as medical referee, assistant medical referee, medical examiners, and law clerk, being “exclusively professional," do not fall within the operation of the civil-service law; they are excepted therefrom by Rule XIX. 18 Op. 187.

35. Principal examiners.-Those described as principal examiners for review board are not excepted and in appointing them the civil service law and regulations should be observed. Ib.

36. Five supervising examiners.-The special authority given by the act of July 11, 1888 (25 Stat. 286), to appoint or detail five supervising examiners in the Bureau of Pensions, with headquarters in the District of Columbia, is prohibitory of the appointment or detail of a greater number for the District or for places other than the District. 19 Op. 327. See also Pensions.

made by the Secretary of the Interior directing payment of the certificates given by the Superintendent of the Census in cases where such certificates are assigned in strict conformity to section 3477, Revised Statutes. 17 Op. 266.

41. The Director of the Census and his subordinates are not subject to the supervision, control, or direction of the Secretary of the Interior. 22 Op. 413.

42. Same. The Secretary of the Interior is not required to approve the selection of appointees, the plan for taking the census, or of making contracts for supplies, etc. Ib.

43. Same. 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 27 of the act of 1894 (28 Stat. 211). Ib.

44. Same.-Expenditures incurred by the Director of the Census, within the limits authorized by the act of 1899, are proper and lawful, and the Secretary of the Inierior 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.

45. Same.-Questions with reference to the manner of drawing funds from the Treasury, and the administrative examination of the accounts of the officer disbursing them, is one which should be submitted to the Comptroller of the Treasury, under section 8 of the act of July 31, 1894 (28 Stat. 208). Ib. SEAL FOR CENSUS OFFICE. See DEPARTMENT OF COMMERCE AND LABOR, 8, 9. See also DEPARTMENT OF COMMERCE AND LABOR, III.

f. Geological Survey.

46. The appropriation made by the act of June 16, 1880 (21 Stat. 259, 274), "for the expenses of the Geological Survey, and the classification of the public lands, and examination of the geological structures, mineral resources, and products of the national domain, to be expended under the direction of the Secretary of the Interior," is not applicable to the payment of rent of the building in Washington, D. C., leased from Dr. J. W. Bulkley, July 9,

1. Direct tax cases-Stipulation waiving right of appeal.—It is unwise for the Department of Justice to adopt any general rule waiving by stipulation the right of appeal from judgments of the Court of Claims in direct tax cases, thus allowing the payment of such claims prior to the expiration of the ninety days within which appeals must be taken. 20 Op. 547.

2. Matters relating to the employment of special counsel in foreign countries for the institution of suits on behalf of the United States for the recovery of damages caused to war vessels of the United States should be referred to the Department of Justice. 21 Op. 195.

3. Suits by the United States.-The Department of Justice is charged with the duty of determining when the United States shall sue, for what it shall sue, and that such suits shall be brought in appropriate cases. Ib.

4. Whether or not an act constitutes a crime is a question that in but rare instances can arise except in the Department of Justice. 21 Op. 133.

5. Exportation of arms and warlike material to China. The Department of Justice can do nothing to restrict the exportation of arms and warlike material to China during the present insurrectionary movements in that country. 24 Op. 26.

II. Officers.

Attorney-General. See ATTORNEY-GENERAL. 6. The Solicitor of the Treasury is an officer of the Department of Justice and not of the Treasury Department. 20 Op. 714.

See also TREASURY DEPARTMENT, 143–145.

7. Same-Power to instruct district attorneys.-An action for the recovery of duties on goods previously smuggled would be a suit "in which the United States is a party, or interested," within the meaning of section 379, Revised Statutes, and as such the Solicitor of the Treasury has power to instruct district attorneys in regard thereto. Ib.

8. Same. Suits and proceedings by the receiver of a failed national bank are, under section 380, Revised Statutes, within the duties of a district attorney, acting under the direction of the Solicitor of the Treasury. 20 Op. 476.

9. Same. The district attorney's compensation therefor is not regulated by the fee bill prescribed by statute, nor should it be paid by the Government and not out of the fund

of the trust, but the amount of fees to be al

lowed in any given case is a matter to be adjusted by the Comptroller in the exercise of a legal discretion under the advice of the Solicitor of the Treasury. Ib.

10. Examiners-Prosecution of claims against the United States.-Section 190, Revised Stutates, prohibiting employees of any of the Executive Departments from prosecuting certain claims against the United States for two years after the termination of their employment, applies to examiners of the Department of Justice. 20 Op. 696.

DEPARTMENT OF STATE.

I. In General, 1-6. II. Officers, 7-20.

I. In General.

1. Records of-Right of the Spanish Treaty Claims Commission to call for certified copies of records.-Section 8 of the act of March 2, 1901 (31 Stat. 879), which provides that all reports, records, or other documents now on file or of record in the Department of State, or in any

other Department, or certified copies thereof, relating to any claims prosecuted before the Spanish Treaty Claims Commission, shall be furnished to the Commission upon its order, vests in the head of that Department a discretion to send either the original papers or certified copies thereof, upon a request of the Commission for certified copies of such papers. 23 Op. 470.

2. Fees of consular agents.-The proposed regulation of the State Department that consular agents, "as compensation for their services to American vessels and seamen and for other official acts, shall receive one-half the official fees collected for such services: Provided, Such compensation shall not exceed in any fiscal year the sum of $1,000; and all such fees in excess of such compensation shall be remitted to the consul in whose district the agency is located," is consistent with sections 1703 and 1733, Revised Statutes. 22Op. 1633. 3. Landing of Cables.-The application of the Commercial Cable Company for leave to land its cable in the United States is within the jurisdiction and control of the Department of State, acting for the President. 22 Op. 408.

See also CABLES.

4. Claims of foreign subjects against Hawaii which accrued prior to annexation should be presented to the Department of State and thence transmitted to the government of Hawaii for adjustment. 22 Op. 583.

5. Passports. The provisions of sections 4075 and 4076, Revised Statutes, which confer upon the Secretary of State the authority to issue passports to citizens of the United States, are not in terms mandatory, and that officer may, in his discretion, either grant or withhold a passport as the public interests may require. 23 Op. 509.

6. Extradition from Mexico-Rearrest and trial for a crime other than the one for which extradited. Acosta, having been returned from Mexico to the State of Florida under extradition proceedings, to be punished for a crime committed within that State, was convicted and sentenced to imprisonment. Upon his release he was arrested for another crime without having an opportunity of returning to Mexico. Demand having been made upon the State Department by the Mexican Government for his release, and it not appearing that the prisoner has made an

attempt to invoke his right to return to Mexico: Held that any action by the Department of State at this time to secure his release would be premature. 23 Op. 604. See also 13; and Extradition.

II. Officers.

Secretary of State.

7. The chief clerk, chiefs of bureaus, and translators of the State Department are clerks within the meaning of section 169, Revised Statutes, and are to be appointed by the Secretary of State. 21 Op. 363.

8. Appointment of stenographers and typewriters.-An appointment by the Secretary of State, without reference to or conformity with the regulations prescribed for appointments in the classified service, made pursuant to the act of July 1, 1898 (30 Stat. 645), authorizing the temporary employment of stenographers and typewriters in his Department, is lawful. 22 Op. 556.

9. Copies of Congressional documents ordered from the Public Printer under section 90 of the public printing and binding act of January 12, 1895 (28 Stat. 623), by the Secretary of State to a number not exceeding the number of bureaus in his Department, should not be charged to the allotment of the Public Printer's appropriation for such Department. 21 Op. 423.

10. Director of the Bureau of American

Republics.-The Secretary of State of the United States is authorized to appoint the Director of the Bureau of American Republics without the assent of the other countries contributing to the support of the Bureau, and to remove such director and appoint another in his place without such assent. 20 Op. 558.

11. Monthly Bulletin of the Bureau of American Republics-Advertisements in.-It is competent for the Secretary of State to prohibit the publication in the Monthly Bulletin of the Bureau of American Republics of advertisements of private firms or corporations. 21 Op. 514.

12. Extradition.-The Secretary of State has power to review the proceedings in an extradition case certified to him, and his power extends to the review of every question therein

presented, under section 5272 Revised Statutes. 17 Op. 184.

See also, 6.

13. Passports.-The provisions of sections 4075 and 4076, Revised Statutes, which con

fer upon the Secretary of State the authority to issue passports to citizens of the United States, are not in terms mandatory, and that

officer may, in his discretion, either grant or withhold a passport as the public interests may require. 23 Op. 509.

14. Certificates of the votes of a State not delivered to the President.—It is the duty of the Secretary of State, under the provisions of section 141 Revised Statutes, as amended by the act of October 19, 1888 (25 Stat. 613), to send a special messenger to the district judge holding the certificates of the votes of his State, in each of the four States where the messenger has failed to deliver to the President on the fourth Monday in January, 1893, the package containing the certificate of the votes of his State. 20 Op. 522.

15. Same. The expression "Whenever a certificate of votes from any State has not been received," as found in the act of October 19, 1888 (25 Stat. 613), should be construed so as to read "whenever any certificate of votes required by law from any State has not been received." Ib.

16. Sureties on official bonds Corporations. It is competent for the Secretary of State, under section 1697 Revised Statutes, to accept as sureties upon official bonds of United States consular officers, corporations organized under State or United States laws as surety or guaranty companies authorized by their charter to undertake such obligations. 20 Op. 16.

17. Reid claim-Brig "General Armstrong"-No authority to pass upon.-Under the power conferred by the act of May 1, 1882 (22 Stat. 697), the Secretary of State had no authority to pass upon the claim of Mr. Reid to be reimbursed expenses incurred by him as agent in the prosecution of the claims of the "captain, owners, officers, and crew" of the brig General Armstrong. 17 Op. 626.

18. Same. The Secretary of State is not required to make payment or recognize the claim of S. C. Reid, as administrator of the estate of Henry Coit, one of the claimants to

was obtained upon an erroneous statement that the estate owed him a sum equal to onehalf of Coit's share of a fund remaining in the hands of the State Department, for the reason that Reid has been paid in full, and that his claim is barred by the Statute of Limitations, and precluded from recovery by the decisions of the State Department. 20 Op. 372.

19. Same.-The United States, as trustee for the true owner or as the ultima hares, is entitled to be heard in the disposition of the amount claimed, and should intervene by way of suggestion to the court that the letters of administration be vacated and set aside. Ib.