of the customs administrative act of June 10, 1890, is not required to be actually present before the consul, vice-consul, or commercial agent of the United States in order to authorize such consular officer to certify such invoice. 21 Op. 571.

6. Same. All that is necessary in order to authorize such consular officer to certify the invoice produced, with the declaration indorsed thereon signed, and with the oath attached, is that he shall be satisfied that the person making the oath thereto is the person he represents himself to be; that he is a credible person, and that the statements made under such oath are true. Ib.

7. Same. Where the consular officer has

doubts as to the identity of the person making the declaration, as to his credibility, or as to the truthfulness of the statements set forth in the declaration, he would have the right to require the declarant to come personally before him. Ib.

8. Discharge of seaman.-The United States consul-general at Panama was justified in discharging a seaman where both master and seaman requested it, and where, although no unusual or cruel treatment was claimed, yet from the evident ill will displayed by the master he had reason to fear that such treatment would supervene. 22 Op. 212.

9. Under the laws and usages governing the American consular service, the authenti

cation, noting, etc., of marine protests are to be regarded as official consular services. 19 Op. 196.

10. Consuls in barbarous or semi-barbarous states are to be regarded as investing with extraterritoriality the place where their flag is planted, and if justice is to be administered at all, so far as concerns civilized foreigners visiting such states, it must be by tribunals such as are named in section 4088, Revised Statutes. 18 Op. 219.

11. Same. Where a citizen of the United States, trading in the island of Gnap, a barbarous or semi-civilized country, was charged with cruelly and inhumanly punishing a boy on said island: advised that the case is cognizable by a consul or commercial agent under the provisions of section 4088, Revised Statutes, and that a special commercial agent might be sent to the island for the trial of the accused. Ib.

12. The sentence of imprisonment imposed in any of the consular courts of China may be served out in the prison at Shanghai and not necessarily within the limits of the consul's ordinary jurisdiction. 20 Op. 391.

18. The question as to whether the consul's jurisdiction is limited to the cognizance of matters occurring within the territory nearer his consulate than to any other consulate of the United States in China is not one which it is proper for the Attorney-General to answer, as it does not arise in the administration of an Executive Department, and is therefore purely hypothetical. Ib.

See also CONSULAR COURTS.

14. When a consul intervenes in a controversy between master and seamen, by mutual consent of the disputants, he acts as an arbitrator and not as consul. 21 Op. 201.

15. Sale of American vessel, unseaworthy.— A United States consul at a foreign port is without authority to direct the sale of an American vessel which has become unseaworthy at that port and whose master has notified him that he has abandoned the vessel. 17 Op. 552.

16. Same. In such case the consul should

notify the owners of the condition of their property and in the meantime care for it. Ib.

17. Same. The sales mentioned in the Consular Regulations of 1874 are sales under the

authority of the master, the intervention by consul being for the purpose of ascertaining the existence of those conditions which under general law authorize the sale. Ib.

18. Same. Where, on application of the master, an American vessel, Brig Mary C. Comery, lying in a foreign port was condemned as unseaworthy by the port officers, the presumption in favor of the validity of those proceedings is a strong one, and it does not appear to be the duty of the American consul to do more than see that the foreign law as to jurisdiction, etc., is being observed. Ib.

19. Consuls-Fees for furnishing inspection cards-Unofficial service.-The President may prescribe a fee, as provided by section 1745, Revised Statutes, for the services of a consul in furnishing inspection cards to steerage passengers on vessels destined to the United States, as required by the quarantine regulations of April 1, 1903, but he has no authority to declare such a fee unofficial and to permit the consul to retain it as such. 24 Op. 672.

20. Same. No service by a consul can be unofficial when the applicant has a right to demand it and the consul no right to refuse it. Ib.

21. Consular service-Fees.-Under the laws and usages governing the American consular service, the authentication, noting, etc., of marine protests are to be regarded as official consular service. 19 Op. 196.

22. Certified consular invoice-Fees.-The new edition of the Consular Regulations of 1888 contains provisions making the fee for a consular certificate to an invoice of merchandise not subject to duty, official and returnable to the Treasury. 19 Op. 225.

23. Same. The fee for such certificate may be rendered official by Executive order, and specially included in the tariff of official fees under the Revised Statutes. Ib.

24. Fees.-Foreign-built vessels owned by citizens of the United States are not exempted by the act of June 26, 1884 (23 Stat. 53), from the payment of fees for services of consuls. 18 Op. 111.

25. Same.-Foreign-built vessels owned by citizens of the United States are not within the provisions of the act of June 26, 1884 (23 Stat. 53), forbidding the collection of fees by consular officers from American vessels. 18 Op. 234.

26. Consular agents-Compensation.-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 onehalf 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. 22 Op. 163.

27. A person placed in charge of a consular office by the incumbent of the consulate, but without appointment and qualification as prescribed by the Constitution and laws of the United States, can not lawfully perform the regular official duties of the post, nor should he be permitted to perform those other unofficial services, such as notarial services, which a consul is not required by law to perform, but the chief value of which depends entirely on

| the fact that the person rendering them is a consular officer. 20 Op. 92.

ARMY OFFICER WHO ACCEPTED CONSULAR
POSITION CEASED ΤΟ BE A MILITARY
OFFICER eo instanti. See ARMY, 106–109.
CLAIM AGAINST CONSUL FOR MONEY PAID
HIM FOR CLOTHING SUPPLIED WRECKED
CREW. See CLAIMS, 72, 73.

CONVICTS OF CONSULAR COURTS, JURISDIC-
TION. See CONSULAR COURTS.

III. Foreign Representatives.

28. Head tax-Alien diplomatic officers.— The act of March 3, 1903 (32 Stat. 1213), which requires the payment by transportation companies of a duty of $2 for each and every passenger not a citizen of the United States, or of Canada, Mexico, or Cuba, who shall be brought into the United States by them, applies as well to alien officials coming into the United States on diplomatic missions as to aliens who are private individuals and come here for other purposes. 25 Op. 370. 29. Same-Charge upon transportation companies. The duty thus imposed is not a tax upon the officials of foreign governments, but is merely a charge imposed upon the transportation company for every passenger brought into the United States by it. Ib.

30. Hunters' license-Foreign representatives-Exemption.-There being no Federal statute requiring the payment of a license tax for the privilege of hunting or shooting upon territory subject to the jurisdiction of the United States, it follows that no exemption from its payment has been made in favor of the diplomatic or consular representatives of foreign governments residing within the United States. 23 Op. 607.

31. The issuance of a writ of execution against the person or chattels of a foreign minister is a "suing out" within the meaning of section 4064, Revised Statutes, and renders the party obtaining such writ liable to the penalty prescribed. 17 Op. 563.

32. Same.-Cases within that section should be prosecuted by the United States attorney of the proper district, as other misdemeanors are prosecuted.

33. Same. The marshal in whose hands the writ is placed for execution is not an "officer

concerned in executing it" under the statute, where he merely serves notice upon the minister, but does not in fact execute the writ. Ib.

34. A foreign consul, resident in the United States, must look for protection in his personal and property rights to the laws of the State in which he resides. 19 Op. 16.

DIRECT TAXES.

1. Indiana-Set-off.-It is the duty of the Secretary of the Treasury to withhold from the amount to be paid the State of Indiana, under the act of March 2, 1891 (26 Stat. 822), providing for a refund of the direct taxes collected under the act of August 5, 1861 (12 Stat. 292), an amount equal to the indebtedness of that State to the United States arising from certain overpayments. 20 Op. 363.

2. Kansas-Set-off.-The amount claimed to be due from the State of Kansas to the United States on account of the direct tax should be retained out of the amount appropriated for payment to that State by the act of March 3, 1881 (21 Stat. 414, 428).. 17 Op. 228.

3. Mississippi-Set-off unwarranted.-The withholding the amount of the "2 and 3 per cent funds" due the State of Mississippi, and crediting the State therewith on account of the direct tax, was unwarranted by law, as no liability rests upon the State for the payment of such tax. 17 Op. 671.

4. Tennessee.-The Secretary of the Treasury is authorized under the act of March 2, 1891 (26 Stat. 822) providing for the refund of direct taxes, to pay to the governor of Tennessee as trustee moneys received by the United States on the resale of land in Tennessee in excess of the tax assessed thereon, and of the amount bid therefor at the original sale made for the collection of the direct tax. 20 Op. 701.

5. Vermont.-The Secretary of the Treasury is authorized under the act of March 2, 1891 (26 Stat. 822) to repay to the State of Vermont, the full amount of the direct tax collected under the act of August 5, 1861 (12 Stat. 292), notwithstanding the existence of an unadjusted claim of the United States for arms, accouterments, clothing, etc., over

drawn by that State during the Civil War, under the act of 1808 (now sec. 1661 R. S.), a a portion of which were afterwards sold by the State, and the proceeds covered into the Treasury, and against which the State has a counter claim for uniforms, garrison and camp equipage, etc., furnished its own military organizations during that war. 20 Op.

134.

6. Same. The act of March 3, 1875 (18 Stat. 455), directing the Secretary of War to credit to the respective States the sums charged against them for overdrawal of arms and the ordnance stores during the civil war, upon a showing by such States of a faithful disposition thereof, and to refuse credit where such stores have been sold or otherwise misapplied, is without effect upon the question above considered. Ib.

7. West Virginia-Set-off.-Section 3481, Revised Statutes, makes it the duty of the Secretary of the Treasury to insist upon the right of set-off against the demands of the State of West Virginia for refund of the direct tax to the extent of the equitable proportion of the debt of Virginia to the United States for which West Virginia is liable. 20 Op. 240.

8. Interest and penalties are collections within the meaning of the act of March 2, 1891 (26 Stat. 822), and should be repaid the same as the direct taxes authorized by that act; but costs attending the collection should not be repaid, as such funds never came into the Treasury of the United States. 20 Op. 412. 9. Same. Where, under the act of June 7, 1862 (12 Stat. 422), redemptions of lands held for direct taxes were made, the party in interest should be refunded the tax, penalties, and interest paid by him for such redemption. Ib. 10. Same. The act of 1891 supersedes the provisions in the act of March 3, 1883 (26 Stat. 595) in regard to the surplus proceeds of lands sold for direct taxes, and it is now the duty of the Secretary of the Treasury to repay not merely the surplus but the entire amount collected under that law and brought into the Treasury. Ib.

DIRECTIONS ON MAIL MATTER.

See POSTAL SERVICE, IV.

DISTILLERY WAREHOUSES.

See INTERNAL REVENUE, V.

DISTRIBUTION.

ARMS TO THE MILITIA. See ARMY, 220-222. LOYAL CREEK FUND. See INDIANS, 147. MONEYS DUE ON CONTRACTS. See TREASURY DEPARTMENT, I, b; CONTRACTS, VI, b. UNITED STATES REPORTS. See COURTS, 7-16.

DISTRICT ATTORNEYS.

See UNITED STATES ATTORNEYS.

DISTRICT OF COLUMBIA.

I. In General, 1.

II. Laws, Regulations, etc., 2-7. III. Officers and Employees, 8-26. IV. Charitable Institutions, 27-34.

V. Parks, Reservations, and Grounds, 35-49. VI. Water Supply, 50-60.

VII. Land Titles, 61-64.

VIII. District Militia, 65-70.

IX. Claims Against, 71–74.

I. In General.

1. The District of Columbia is a corporate agent, through which the United States administers certain executive functions over the locality which includes the national capital. The chief executive authority is vested in three Commissioners, and the assistant attorney of the District is an officer under and appointed by them. 18 Op. 161.

II. Laws, Regulations, etc.

2. Code Commissions of judges of the police court.-Section 42 of the municipal code for the District of Columbia, which goes into effect January 1, 1902 (31 Stat. 1196), does not vacate the commissions of the judges of

191 the police court nor require new appointments of such judges. 23 Op. 572.

3. Building line in Georgetown.—The approval of the Secretary of War is required for projections beyond the building line in that part of the city of Washington formerly known as Georgetown. 23 Op. 9.

4. Same. Congress has power to prevent all projections beyond the building line in any part of the city of Washington, as now established, and therefore may permit projections upon such conditions as it may see fit to impose. This power is in no wise dependent upon the ownership of the fee in the streets. Ib.

5.

Wharves-Licenses for erection of.-The Chief of Engineers of the Army is not and never has been vested with authority to grant licenses for the erection of wharves along the river front of the city of Washington, D. C. 18 Op. 441.

6. Steam engineers.-Section 7 of the act of February 28, 1887 (26 Stat. 427), to regulate steam engineering in the District of Columbia, withdraws from the operation of section 6 of that act all steam engineers holding Federal or State licenses. 19 Op. 25.

7. Saturday-Half holiday.-"Every Saturday after 12 o'clock noon" is a holiday for all purposes within the District of Columbia, and is therefore one of the "days declared public holidays by law" within the meaning of the statutes regulating the number of hours of labor which must be required of all clerks and employees in the Executive Departments. Consequently, heads of Departments are not obliged to require labor of such clerks, etc., after the hour of noon on Saturdays. 25 Op. 40.

III. Officers and Employees.

8. Commissioners-Term of office. All appointments to the office of Commissioner of the District of Columbia, are, with the exception of the first two, to be for the term of three years. (Sec. I of the act of June 11, 1878, 20 Stat. 103.) 17 Op. 158.

9. Same. The word "term," or terms," in this statute, means "term of service." lb.

10. The official term of each of the Commissioners of the District of Columbia, appointed