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terfere with State laws. It is competent for those officials to prescribe a longer quarantine period, both for persons and cargo, than the State law requires, the regulations carefully providing that the Federal jurisdiction should attach upon the expiration of State action. 20 Op. 469.

4. Sick and disabled officers and seamen of the Revenue-Cutter Service are entitled to the benefit of the Marine-Hospital funds provided for sick and disabled seamen. 21 Op. 340.

5. Same. The Treasury Department is obliged, under existing laws, to extend the benefits of the Marine-Hospital fund to the sick and disabled officers and seamen of the Revenue-Cutter Service. 21 Op. 365.

6. The tonnage tax collected in Porto Rico under section 14 of the act of June 26, 1884 (23 Stat. 57), as amended by section 11 of the act of June 19, 1886 (24 Stat. 81), should be so deposited as to be available for the maintenance in part of the Marine-Hospital Service. 24 Op. 122.

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See NAVY, I, f.

INSPECTION.

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TURE, VIII.
IMPORTATION. See FOOD PRODUCTS.

7. The question as to whether or not a citizen of Porto Rico, legally a resident of New York, is eligible for appointment in the MarineHospital Service under a departmental regulation which requires the applicant to be a citizen of the United States, or, if of foreign birth, to furnish proof of American citizenship, does not involve any question of law within the meaning of section 356, Revised Statutes, and is not, therefore, one properly calling for an opinion of the Attorney-General. The requirement not being demanded by law, its interpretation may properly be See LIENS. left to the department or bureau responsible for its existence and execution. 25 Op. 183. 18 Op. 521; 20 Op. 649; 21 Op. 255, followed. Ib.

MECHANICS' LIENS.

MARINE PROTESTS.

AUTHENTICATION, ETC. See DIPLOMATIC AND
CONSULAR SERVICE, 9.

MARSHAL.

MEDALS.

1. Medals of award at the World's Fair.The law authorizing the Secretary of the Treasury to furnish electrotypes and photographs of the medals of award to exhibitors at the World's Fair to whom medals have been awarded, and to newspapers and periodicals for publication, carries with it the authority to those to whom such electrotypes and photographs may be furnished to have prints made therefrom without further or more

The marshal in whose hands a writ of exe-specific authority. 21 Op. 330. cution against a foreign minister is placed for execution is not an "officer concerned in

18456-08-19

2. The exhibitors, printers, or publishers have not the right to insert the name of the ex

hibitor in the blank space which will be used 274), to allow a particular grantee, who is for that purpose on the medal. Ib.

3.

After the exhibitors shall have received the medals and diplomas awarded them, the Treasury Department has no further authority over them, and is not authorized to say what use shall or shall not be made of them, or to restrict the making or using of facsimiles of them by exhibitors to whom they have been awarded, beyond what is prescribed by the express provisions of the statutes referred to in this opinion. Ib.

4. So much of section 3 of the act of August 5, 1892 (27 Stat. 389), as provides for the duplication in gold, silver, or brass, of medals awarded at the World's Fair, at the

entitled to a new medal, to receive it and at the same time retain the old medal in his possession. 25 Op. 529.

10. Same. The word "replace," as used in the act of 1904, implies the loss, destruction, or surrender of the old medal. Ib.

11. Same. It is optional with the holder of a medal whether he shall surrender his old medal for the new. lb.

See also CERtificate of MERIT; AND LIFE
SAVING.

MEDICAL AND PAY DIRECTORS, NAVY.

mints of the United States, was repealed by See NAVY, 78–80, 98.
the act of March 3, 1893 (27 Op. 587). 21
Op. 253.

5. Same. The object of a later act being expressly to amend an earlier act, a feature of the former act which was omitted from the later act was necessarily repealed. Ib.

6. A claim for a medal of honor under the act of March 3, 1861 (12 Stat. 751), should not be entertained where there is an unexplained delay of twenty-eight years in presenting the claim and it is unaccompanied by any official evidence of the statements made. 20 Op. 421.

MEDICAL CORPS OF THE NAVY.

GRADE OF PASSED ASSISTANT SURGEON. See
NAVY, 86, 87.

PROMOTION. See NAVY, 29.

MEDICINAL DRUGS.

MEMBERS OF CONGRESS.
See CONGRESS, IV; SURETY.

7. Medal of honor.-Under section 6 of the See INTERNAL REVENUE, 99-103. act of March 3, 1863 (12 Stat. 751), the President may present a medal of honor to an officer or private in the military service of the United States who has distinguished himself in action, notwithstanding he is not in the military service at the time the case reaches the President for consideration, provided the application or recommendation therefor was made while he was in the military service. 24 Op. 580.

MERCHANT MARINE.

8. Same.-A medal of honor can not be See SHIPPING, I, g.

awarded where the application or recommendation therefor is made after the officer or private has been discharged from the military service.

Ib.

9. Surrender of old medals of honor in exchange for new.-It is not within the authority of the Secretary of War, in replacing the medals issued to officers and privates for gallantry in action, under the joint resolution of July 12, 1863 (12 Stat. 623), and section 6 of the act of March 3, 1863 (12 Stat. 751), as provided in the act of April 23, 1904 (33 Stat.

MEXICAN CLAIMS COMMISSION.

See CLAIMS, II.

MEXICAN LAND GRANTS.

1. Patents to Mexican land grants in California under the act of March 3, 1851 (9 Stat. 631), were conclusive only as between

the United States and the patentees. They did not affect the interests of third persons. 21 Op. 13.

2. The surveys confirmed by such patents do not preclude a legal investigation and decision by the proper tribunals between conflicting claimants. Ib.

3. Third persons claiming title to the land thus patented may bring a suit to declare a trust in said land. Such a suit may be brought without the aid of the AttorneyGeneral, and in the State courts. The decision of a State court upon such a suit, unappealed from, binds the parties thereto, whether righteous or erroneous. Ib.

4. 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. It is immaterial that they had meanwhile been applying to Congress for relief. Ib.

MEXICO.

1. Article VII of the treaty of February 2, 1848, between Mexico and the United States, known as the treaty of Guadalupe Hidalgo, is still in force, so far as it affects the Rio Grande. 21 Op. 274.

2. The taking of water for irrigation from the Rio Grande above the point where it becomes the boundary between the United States and Mexico is not prohibited by said treaty. Ib.

3. Article VII is limited in terms to that part of the Rio Grande lying below the southern boundary of New Mexico, and applies to such works alone as either party might construct on its own side. Ib.

4. The only right the treaty professed to create or protect with respect to the Rio Grande was that of navigation. Ib.

5. Claims against the United States by Mexico for indemnity for injuries to agriculture alone, caused by scarcity of water resulting from irrigation ditches wholly within the

Rio Grande lying entirely within the United States, although such use results in reducing the volume of water in the river below the point where it ceases to be entirely within the United States. Ib.

7. The right asserted by Mexico is entirely inconsistent with the sovereignty of the United States over its national domain. Ib. (282.) 8. Extradition from Mexico-Rearrest and trial on another charge.—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.

9. Same. The primary resort of the defendant is to the courts. He may either apply to the Federal courts for a writ of habeas corpus, or interpose the alleged irregularity of his arrest as a matter of defense on the trial of his case in the State court. Ib. 10. Same-Authority of the Federal Government.-The question whether, in case any rights the prisoner may possess are denied in the State courts, the Federal Government is powerless or free from obligation to interfere in that which may then be a matter of international obligation, is not decided. Ib. Opinion of March 27, 1901 (23 Op. 432), reaffirmed. Ib.

MIAMI'S FUND.

See INDIANS, III, d.

MIDSHIPMEN.

United States at places far above the head of See NAVAL ACADEMY.

navigation, find no support in the treaty. Ib.

6. The rules, principles, and precedents of international law impose no duty or obligation upon the United States of denying to its inhab

MILE.

itants the use of the water of that part of the See WORDS ANd Phrases,

MILEAGE.

See REVENUE MARINE, 19.

MILITARY ACADEMY.

1. President-Power to revoke order of Secretary of War and restore cadet against recommendation of the Academic Board.-It is not within the authority of the President, in opposition to an adverse recommendation of the Academic Board of the Military Academy, to revoke an order of the Secretary of War for the discharge of a cadet and to restore him to the Academy, to take his place in the next succeeding first class. 17 Op. 67.

2. Same. That order, having been completely executed, is beyond the power of revocation. Ib.

3. Same.-Congress may thus limit or restrict the authority of the President to appoint cadets. Ib.

4. Same.-Section 1325, Revised Statutes, prohibits the returning or reappointing of a cadet to the Military Academy, except upon the recommendation of the Academic Board. Ib.

5. Professors are army officers-Entitled to pension. The professors of the Military Academy at West Point are commissioned officers of the Army, whose pay and allowances are assimilated to those of a lieutenantcolonel and a colonel; and in case of such disability as is described in section 4693, Revised Statutes, they are entitled to pensions at the same rate with officers of the rank of lieutenant-colonel. 17 Op. 359.

6. The term of the new professor at the Military Academy created by the act of March 11, 1893 (27 Stat. 515), did not commence until July 1, 1893, until which time he still retained his position as a first lieutenant in the Army. 20 Op. 593.

7. Assignment of graduates to the cavalry or infantry.-The Secretary of War is authorized to assign to the cavalry or infantry recent graduates of the United States Military Academy, noncommissioned officers, and civilians, although "additional" second lieutenants remain in the engineers and artillery, and no vacancies exist in the last-named branches. 20 Op. 149.

8. Same. The words "such arm or corps" in the act of May 17, 1886 (24 Stat. 50), refer to the arm the duties of which the graduate has been adjudged competent to perform. Ib.

9. Same. The word "vacancy" used in the act contemplates a vacancy in the arm of the service in which the additional second lieutenant is then commissioned. Ib.

10. The Secretary of War has no power to accept for the Government a donation of a Roman Catholic chapel to be erected on the military reservation at West Point, where the acceptance is accompanied by a limitation for its use in perpetuity by Roman Catholics. 21 Op. 537.

11. Memorial hall at West Point.-Statement made of the method to be followed under the act of July 23, 1892 (27 Stat. 262), in adopting plans and specifications, and in selecting granite and marble for building a memorial hall at West Point. 21 Op. 240.

12. A soldier who passes a successful examination and becomes the holder of a certificate under the provisions of the act of July 30, 1892 (27 Stat. 336), is entitled, under that act, to promotion as second lieutenant after the graduates of the Military Academy shall have been provided for and assigned. 22 Op. 57.

13. Appointments of engineer and assistant engineer-Civil service.-The Superintendent of the United States Military Academy, in making the appointments of engineer and assistant engineer authorized by the act of April 28, 1904 (33 Stat. 445), is limited in his selection to those who have qualified under the civil-service law and rules. 25 Op. 341.

14. Same,-The words "to be selected and appointed by the Superintendent of the United States Military Academy," used in the appropriation act of March 3, 1905 (33 Stat. 854), providing for the appointment of an engineer and an assistant engineer of steam, electric, and refrigerating apparatus for the cadets' mess at the Academy, authorize that officer to make such appointments without reference to the civil-service law. 25 Op. 413. LONGEVITY PAY, CREDIT FOR CADET SERVICE. See ARMY, II, d, 154.

MILITARY POSTS.

See ARMY, I, e.

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1. Withdrawal from sale.-The appropriation by Congress of land for a military road and the building of such road thereon just as effectually withdraws and excludes such land from sale as if it had been done in express terms. 23 Op. 283.

MINNESOTA.

STATE PROCESS. See COURTS, 32.
SWAMP-LAND GRANTS. See PUBLIC LANDS,
25-30.

MINING LAWS.

2. Same-Effect of land patents.-The fact
that patents have since been issued for lands SPANISH. See CUBA, 28-30.
through which such road passes, without any
reservation of the lands included within the
road, does not operate as a vacation of the
portion of the road within the patented lands,

nor give to such owner a right to obstruct, See NAVY, I, a.
interfere with, or change the location of the
road.

Ib.

3. Same-Authority to abandon, vacate, or alienate such road.-Congress having set apart a portion of the public domain for a military road, and having constructed thereon such road, it is not within the power of any other Department of the Government to abandon, vacate, or alienate the road, or the land on which it is constructed, and a patent issued for such lands would, to that extent, be inoperative and void. Ib.

4. Same-Not subject to State or private control. Such a road, though within a State, is not subject to either State, municipal, or private control, or interference in any way. Ib.

MINORS.

MIRAFLORES ISLAND.

Title to.-The United States possesses a valid and complete title to the whole of Miraflores Island. That island did not belong to Porto Rico before the cession, and by the treaty of peace title to it was transferred by Spain to the United States. 25 Op. 193.

MISSISSIPPI.

See DIRECT TAXES, 3.

MISSISSIPPI CHOCTAW INDIANS.

MILITARY SUPPLIES.

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