1. 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 in regard thereto. 20 Op. 714. 2. Third persons claiming title to the land patented under the act of March 3, 1851 (9 Stat. 631), may bring a suit to declare a trust in said lands. Such suit may be brought in the State courts and without the aid of the Attorney-General. The decision of a State court upon such a suit unappealed from binds the parties thereto, whether righteous or erroneous. 21 Op. 13. 3. When such third persons fail to sue until the period of the statute of limitations of the State has expired, they are barred by their laches from suing thereafter. That they had meanwhile been applying to Congress for relief is immaterial. Ib. 4. An appearance by parties to a suit in one jurisdiction does not operate as an abandonment of proceedings instituted by them in another jurisdiction, the parties and cause of action being the same. 21 Op. 447. 5. One may proceed on the same cause of action against the same defendants in as many jurisdictions as he can have service of process executed upon the defendants. Ib. 6. One final judgment on the merits rendered in one action can be pleaded in bar in all the others upon the same cause of action. 16. 7. As a recourse to law for the settlement or collection of certain bonds issued by certain States and owned by the United States would involve the grave act of suing a State, and as Congress has had this matter before ADDITIONAL COMPENSATION. See UNITED STATES, II, 36-39; OFFICE, AND OFFICERS, VII; UNITED STATES Attorney; UNITED STATES MARSHAL, 7, 8. ADDITIONAL DUTY. See CUSTOMS Law, IV, f; IX, b. ADDITIONAL PAY. See ARMY, II, d (2); IV, 228, 229. ADDITIONAL PERIOD. See CHINESE, II, 42–44. ADMINISTRATION. Payment of an award.-Where an award was made to M., as surviving partner of the firm of M. & G., and on the subsequent death of M., the representatives of G. demanded to share in the distribution of the award: Advised that the administrator of M., the surviving partner in whose name the claim was presented and to whom the award thereon was made, should alone receive payment. 17 Op. 537. See also CUBA, 24; RESERVATIONS AND PARKS, III, 35; and UNITED STATES NAVAL ASYLUM AT PHILADELPHIA, PA. ADMINISTRATIVE PRACTICE. the act of June 5, 1882 (22 Stat. 98), were appointed in conformity to the provisions of See EXECUTIVE DEPARTMENTS, VI; and ATTOR- that act, but were not commissioned for any NEY-GENERAL, II, h and i. See PRIZE. ADMIRALTY. ADULTERATED SEEDS. See DEPARTMENT OF AGRICULTURE, VII, 46–48. ADVANCEMENT. See ARMY, II, b; NAVY, II, b. ADVANCES. See CONTRACTS, VI, b; UNIVERSAL POSTAL stated period. That act limited the duration of the court to two years from the time of its organization thereunder; but by the act of June 3, 1884 (23 Stat. 33), its existence was extended to December 31, 1885; and under the latter act the officers of the court continued to perform their duties after the expiration of the two years referred to, without any other appointment than that originally received: Held that the limitation upon the duration of the court prescribed by the act of 1882 was not a limitation upon the terms of the officers thereof, and that the court remained after the expiration of the two years limited by that act, by virtue of the act of 1884, a legally constituted body, notwithstanding the officers composing it received no other commissions than those originally given. 18 Op. 298. ALASKA. 1. Section 14 of the act of May 17, 1884 (23 Stat. 28), which prohibits the importation of "intoxicating liquors" into the Territory of Alaska, does not apply to wines imported for sacramental use. 18 Op. 139. 2. The opinion of the Attorney-General of May 15, 1889 (19 Op. 306), does not conflict with the collection of the special tax on retail liquor dealers in the Indian country and Alaska under section 3244, Revised Statutes. 21 Op. 25. 3. The sale of liquors on board of American vessels in Alaskan waters, except upon permit obtained according to law from the customs officials, is a violation of law and the regulations thereunder. 22 Op. 118. 4. Such sales on British vessels may be prohibited under additional Treasury regulations, which may be adopted for that purpose. Ib. 5. Use of military force.-The question as to what extent and under what circumstances the military forces of the United States may be used for the protection of life and property in Alaska, considered; and the views expressed in a former opinion, dated April 18, 1889 (19 Op. 293), submitted as covering the question. 19 Op. 368. 6. The laws relating to rational banking associations are by virtue of the act of May 17, 1884 (23 Stat. 24), in force in the Territory of Alaska, and such associations may be lawfully organized in that Territory. 19 Op. 678. 7. World's Columbian Commission.—Alaska is a Territory within the meaning of sections 2 and 3 of the act of April 25, 1890 (26 Stat. 62), and, as such, is entitled thereunder to be represented by two commissioners in the World's Columbian Commission. 19 Op. 700. 8. such a compliance with the proviso in the act of Congress of June 6, 1900 (31 Stat. 321), as will authorize the Secretary of the Interior to order the removal of the seat of government of Alaska from Sitka to Juneau. 25 Op. 613. See also SEAL FISHERIES. ALEXANDER ARCHIPELAGO FOREST RE- Alexander Archipelago Forest Reserve- See ALASKA, 8. for the use and occupancy of certain land ALIEN CONTRACT LABOR LAWS. within the Alexander Archipelago Forest See IMMIGRATION III, a. 9. Same. The Secretary may grant such privilege for a longer period than one year, and may charge and collect a reasonable sum for the privilege granted. Ib. 10. Lease of St. Paul and St. George Islands-Authority of Secretary of Commerce and Labor. 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. ALIENS. 1. Who are aliens.-An alien who has resided in this country without becoming naturalized, and who departs with the intention of returning, is not to be deemed an immigrant upon his return, although he was an alien immigrant when he first entered the country. 22 Op. 353. 2. Congress has power to exclude aliens altogether from the United States, or to prescribe the terms and conditions on which they may come into this country. Ib. 3. Ownership of real estate in United States.The provisions of the act of March 3, 1887 (24 Stat. 476), restricting the ownership of real estate in the Territories to American citi 11. Same. The Secretary of Commerce and Labor has authority to lease, for the pur-zens, etc., apply to mines, they being real estate or inheritable interests in real estate. 19 Op. 26. 4. Same.-Stock in a corporation is personality, and an alien may, therefore, hold shares of stock issued by an American corporation owning mineral lands in the Territories; but if the holding by aliens exceeds 20 per cent of its stock, such corporation can neither own nor hold thereafter acquired real estate while such holding by aliens in excess of 20 per cent continues. Ib. 5. Same. An alien may hereafter advance money for the purpose of developing mining property in the Territories; but he can not thereby acquire any interest in such real estate. Ib. 6. Same. An alien may lawfully contract with an American owner to work mines by a personal contract, contract for hire, or a bona fide lease for a reasonable time. Ib. under existing law, to cause to be printed 2,500 copies of the American Ephemeris and Nautical Almanac and 3,182 copies of "the papers supplementary thereto;" and of the American Nautical Almanac, such "additional" copies thereof as he may determine necessary "for the public service and for sale to navigators and others." 24 Op. 663. 7. Protection of-Right of master of foreign vessel to shackel alien in port of the United States. The master of a foreign vessel has a right, under the laws of the United States, to put in irons an alien on board his ship who is not allowed by law to enter the United States, in order to prevent such person from unlawfully landing; but this may be done only in exceptional cases and where nothing See SHIPPING, I, c. less will prevent the landing of such person. 24 Op. 531. See also IMMIGRATION; CHINESE; PATENTS, 1, 2. ALLOTMENTS. See INDIANS, III, a. ALLOWANCE. BREAKAGE, LEAKAGE, OR DAMAGE TO IM- AMERICAN REGISTRY. AMNESTY. 1. The word "amnesty" in the Edmunds Act of March 22, 1882 (22 Stat. 30) was used advisedly with intent to indicate that the President might, by act of Executive clemency, embrace a whole class of offenders, instead of dealing with each case separately. 20 Op. 668. 2. The President has constitutional power, without Congressional sanction, to issue a general pardon or amnesty to classes of offenders. 20 Op. 330, 668. See also PARDON. Number of copies authorized to be printed.— See HAWAII, 2, 34, 40; INTERNATIONAL LAW, 17, 23-25, 28-30. ANNUAL LEAVE. The Secretary of the Navy is authorized, See LEAVES OF ABSENCE. 1. In case of an appeal to a higher tribunal for review, the original judgment stands in suspense until the appellate court, by a judgment of its own, shall supersede it. 22 Op. 340. 2. An appeal by a Chinese person, taken under section 13 of the act of September 13, 1888 (25 Stat. 479), to a judge of a district court, from the judgment of the commissioner, does not vacate, but merely suspends the judgment of the commissioner and proceedings thereunder until the appeal is dismissed. Ib. 3. Appeal from act of an executive officer.Where a statute imposes a particular duty upon an executive officer, and he has performed the duty according to his understanding of the law, there is no appeal from his action or his decision, unless such appeal is expressly provided by law. His decision is final and conclusive. (See 16 Op. 317; 1 Op. 624; 2 id. 481-482; 5 id. 275; 11 id. 14; United States v. Ferriera, 13 How. 40). 17 Op. 353. 4. 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, being the Chariwin grant. 18 Op. 31. 5. 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. APPEARANCE. 1. An appearance by parties to a suit in one jurisdiction does not operate as an abandonment APPOINTMENT. See ARMY, I, e, 30, 32; II, a, 49; II, ò; and II, c, 103, 106, 115; CIVIL SERVICE, II, b, 48, 50; III, d, and V; CONGRESS, III, 24–27; CusTOMS LAW, II, d; EXECUTIVE DEPARTMENTS II, a, 15-18; b, 27-29, 39-43; MILITARY ACADEMY, 13, 14; NAVAL ACADEMY, 22-28; NAVY, II, a, 25; II, b; and III, b; OFFICE AND OFFICERS, II; POSTAL SERVICE, II, b, 30, 31, 43-45; II, c, 52-54; PRESIDENT, I; PUBLIC BUILDINGS, 26, 27, 37; REVENUE MARINE, II, 11-15. APPRAISEMENT. See CUSTOMS LAW, III, b; IX, e; X, 457, 458, 461. APPRAISERS. See CUSTOMS LAWS II, e. APPROPRIATIONS. 1. After an appropriation has been exhausted, the Secretary of the Navy has no power to incur any obligation for work on an uncompleted dry dock, even though immediate action is very important. 21 Op. 288. 2. After an appropriation is exhausted, a contract not for the completion of any specific work, as the erection of a building, the construction of a road, or rendering a channel adequate for the passage of vessels of a certain draft, is at an end. Work done after the |