appropriation is exhausted would not come within such a contract. 21 Op. 244. 3. Same. If further appropriations are made, there must be a new contract for their expenditure. Ib. 4. The act of July 1, 1898 (30 Stat. 613), making an appropriation "to enable the Secretary of the Treasury to pay" a certain individual a specified amount, being mandatory, the Secretary has no discretion to pass upon the fact whether such amount or any portion thereof ought to paid. 22 Op. 295. 5. An appropriation "for the expenses of the Geological Survey," not being in terms for the rent of any building or part thereof, can not be used for the payment of rent. 17 Op. 87 6. The Secretary of State can not lawfully, under the terms of the joint resolution of Congress approved February 25, 1893 (27 Stat. 756), authorize the construction of a wharf different in character from that specified in the resolution, even if from a change in the circumstances the construction of that sort of wharf with that appropriation has become impracticable. 20 Op. 653. 7. The respective appropriations for agricultural experiment stations, act of March 2, 1887 (21 Stat. 440), and for agricultural colleges and schools, act of July 2, 1862 (12 Stat. 503), being separate and distinct, no portion of the appropriation for the former can be applied to the payment of salaries of professors or teachers in the latter. 22 Op. 470. 8. The act of March 3, 1899 (30 Stat. 1128), for deepening the channel north of Pelican Island, from Galveston Harbor to Texas City, Tex., makes an appropriation of $250,000 for the work. 22 Op. 489. 9. Same. There is no authority for paying out of this appropriation any expenses for making the contract, inspecting or superintending the work, unless it be indirect through a provision in the contract that these expenses shall be paid by the contractors and charged against their compensation. Ib. 10. Appropriation for improvement of Missouri River above Sioux City.-The Secretary of War has no authority to use any portion of the $170,000 appropriated by the act of March 3, 1899 (30 Stat. 1147), for the improvement of the Missouri River above Sioux City, for improvements at or in front of that city. 22 Op. 519. 11. The act of March 3, 1899 (30 Stat. 1064), making an appropriation for "transportation of the Army and its supplies," impliedly authorizes the Secretary of War to purchase for the United States such land as in his judgment may be necessary for the erection of the wharf or wharves as contemplated by the appropriation, and the land so purchased can be paid for out of said appropriation. 22 Op. 665. 12. The emergency fund of $3,000,000 provided by the act of January 5, 1899 (30 Stat. 772), is intended to cover emergencies arising in the military administration of Cuba and other territory that has come into the possession of the United States through the operations of war. 22 Op. 301. 13. Fortifications act-Range finders.-The appropriation contained in the fortifications act of May 25, 1900 (31 Stat. 183, 184), for the installation of range and position finders, may be used for the installation of these instruments in Porto Rico. 23 Op. 390. 14. Revenues collected on importations from Porto Rico-Schoolhouses.-The act of April 12, 1900 (31 Stat. 77), entitled "An act temporarily to provide revenues and a civil government for Porto Rico,' etc., does not repeal, either expressly or by implication, and is not inconsistent with, the act of March 24, 1900 (31 Stat. 51), which appropriates, for the benefit and government of Porto Rico, the revenues collected on importations therefrom prior to January 1, 1900. 23 Op. 329. 15. Same. The President may lawfully direct that a portion of the latter appropriation be used for the purpose of erecting and equipping schoolhouses in that island. Ib. 16. Porto Rican customs revenue. The act of March 24, 1900 (31 Stat. 51), which directs that certain Porto Rican customs revenues "shall be placed at the disposal of the President, to be used for the Government now existing and which may hereafter be established in Porto Rico, and for other governmental and public purposes therein, until otherwise provided by law," vests in the Executive the power to place the disbursement of such appropriation under the control of the "administrative authorities" instead of the "executive council." 23 Op. 450. 17. Appropriation for naval and coaling station. The onstruction of a pier, required in providing a naval and coaling station for the United States in the harbor of Pago Pago, is within the intent of Congress as expressed in the paragraph of the sundry civil appropriation act of August 5, 1892 (27 Stat. 349), containing the following provision: "For providing naval and coaling stations, $250,000, to be expended under direction of the President;" and such portion of the $250,000 as may be needed for building the pier may be lawfully used whenever the President shall so direct. 20 Op. 553. 18. Same-Lease or purchase of property in Pago Pago Harbor.-The President' may lawfully use such part of the appropriation of $500,000 provided in the act of February 26, 1889 (25 Stat. 699), for the establishment of a coaling station at Pago Pago Harbor, Samoa, in making and executing contracts for the control of such property in that harbor, whether by lease or purchase, as may in his judgment be necessary for the protection of the interest of the United States. 20 Op. 484. 19. Support of armies.-The inhibition of Article I, section 8, clause 12, of the Constitution is confined to appropriations to raise and support armies in the strict sense of the word "support," and does not extend to appropriations for the various means which an army may use in military operations, or which are deemed necessary for common defense. 25 Op. 105. 20. Expenses of delegates to Pan-American international conference.-The acts of June 6, 1900 (31 Stat. 637), and March 3, 1901 (31 Stat. 1179), making appropriation for the "expenses of the delegates to the proposed [Pan-American] international conference, and for incidental clerical assistance," do not contemplate or provide for the payment of the expenses or compensation of counsel for the delegates to that conference, the services to be performed by such counsel not being "clerical" in character. 23 Op. 533. 21. Census Office.-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. 22. Where name of claimant is erroneously stated in the act.-Where an act of Congress in making appropriation for the payment of a claim incorrectly stated an initial letter in the name of the claimant, advised that the claim may be paid, provided its identity with that provided for in the act be clearly established. 18 Op. 501. 23. Penitentiary at Walla Walla, Wash.— In view of the fact that the State of Washington already has a penitentiary, the attention of Congress should be called to the matter before any further expenditure is made of money appropriated by the act of March 3, 1893 (27 Stat. 661) for the purpose of the creation of a penitentiary at Walla Walla in supposed conformity with the promise made in section 15 of the act of February 22, 1889 (25 Stat. 680). 21 Op. 352. 24. The appropriation in the act of March 2, 1895 (28 Stat. 752), for raising the height of the dam at Great Falls and for damages on account of the consequent flooding of land and other injuries was intended to cover all damages that might result from raising the dam 2 feet higher than had been contemplated under the act of July 15, 1882 (22 Stat. 168). 21 Op. 223. 25. The question whether or not the appropriation act of 1896 authorizes the Secretary of the Treasury to purchase newspapers and other articles for use outside of Washington, in view of sections 192 and 3683 Revised Statutes, is one which should be submitted to the Comptroller of the Treasury under section 8 of the act of July 31, 1894 (28 Stat. 207). 21 Op. 178. 26. The appropriation for special speed premiums made by the act of July 26, 1894 (28 Stat. 123, 140), is not limited in its application to premiums earned prior to January 1, 1894. 21 Op. 84. 27. Transfer and retransfer from one Executive Department to another.-Where portions of certain funds appropriated by the acts of June 14, 1880 (21 Stat. 193), and of March 3, 1881 (21 Stat. 481), for the construction of dams and reservoirs, were transferred by the Secretary of the Treasury from the books of the War Department to those of the Interior Department for the settlement of damages to Indians occasioned by such construction, and only a portion of the amount thus transferred was used in the settlement of those claims, the unexpended balance may be retransferred to the War Department and again become a part of the original appropriation. 20 Op. 300. 28. For bringing to United States Americans in foreign countries accused of crimes.-The ARBITRATION. French Government may properly be reim- See GENERAL ARBITRATION BOARD. bursed from the $5,000 appropriated by the act of July 16, 1892 (27 Stat. 226), for expenses incurred in conveying to the United States, on requisition of a United States consul, five American seamen charged with murder. 20 Op. 600. EXECUTIVE DEPARTMENTS. See the various Departments, I, and the various offices or bureaus of such Departments. ARENAS KEY ISLAND, MEXICO. Jurisdiction-Murder.-Where the master of an American vessel abandoned three men upon the island of Arenas Key, Mexico, but without opposition on their part, one of whom was killed by another of the three in self RIVER AND HARBOR IMPROVEMENT. See defense: Advised that the master and owners NAVIGABLE WATERS, II. PUBLIC BUILDINGS. See PUBLIC BUILDINGS. ARTIFICIAL LIMBS. See WAR DEPARTMENT, 1. REIMBURSEMENT OF NAVY DEPARTMENT AP- NAVAL AND COALING STATIONS. See the GUNS, CARRIAGES, ETC. See ARMAMENT AND of the vessel do not appear to have committed any offense cognizable under the statutes of the United States, and that if a crime was committed by one of the men on the island, it was committed within the jurisdiction of Mexico, and the courts of the United States have no jurisdiction over the same. 19 Op. 391. ARIZONA. 1. The legislative assembly of Arizona Territory can lawfully remain in session only for a period of sixty days' duration, such period INDIAN SCHOOLS. See INDIANS, II, b. TOMS LAW, V, b. QUARANTINE SERVICE. See HEALTH AND CARE AND MEDICAL TREATMENT OF TRANSIENT REVENUE-CUTTER SERVICE. See REVENUE MA- LOYAL CREEK FUND. See INDIANS, V, 135– ERECTION OF MONuments or MemoRIAL TAB LETS. See GETTYSBURG BATTLEField. UNEXPENDED BALANCES. See NAVY, III, d, 149; VII, 209, 210; HEALTH AND QUARANTINE, 7. For appropriations for any parricular object, see appropriate heading for that subject. journments. 19 Op. 259. 2. The word "sessions" in section 1852, Revised Statutes, as amended by the act of December 23, 1880 (21 Stat. 312), includes the whole period between the time fixed by law for the meeting of the legislative assemblies and their sine die adjournment, Sundays and intermediate adjournments not excepted. Ib. 3. Same. Statutory provisions regulating the assembling of Territorial legislatures reviewed; and, upon consideration thereof, advised that the governor of Arizona Territory is without power to convene a special session of the Territorial legislature. 19 Op. 319. 4. The act of the legislature of Arizona Territory, approved March 21, 1889, providing for the holding of a convention for the purpose of forming a State constitution to be submitted to the legal voters of the Territory for their approval or rejection, is not inconsistent with the organic act of the Territory or any other law of Congress, or with any provision of the See DIPLOMATIC AND CONSULAR OFFICERS, Constitution, and is therefore valid. 19 Op. II, 14. ARBITRATOR. 335. 5. Same. Whether such legislation is "premature" is a question that addresses itself solely to the legislature that passed, the governor who approved, and to Congress which had the power finally to ratify or annul the measure. Ib. LAWS IN FORCE IN THE INDIAN TERRITORY- ARMAMENT AND FORTIFICATIONS. 6. Assignment of judges.-Under the organic law of the Territory of Arizona and the statutes passed by the legislature thereof, the governor is not invested with power to assign riages-Appropriation for armament of fortifi to their respective districts the judges appointed for that Territory. 19 Op. 530. 1. Contract-Royalty on guns and car cations. The United States is authorized to enter into a contract for the payment of roy 7. Same. The authority given the gov-alty on account of the construction of certain ernor by section 1873, Revised Statutes, to assign judges, etc., was intended to be exercised only during that period which is embraced between the date of the organization of the Territory and the time when legislative action was had upon the subject-mattering the fact that the fulfillment of such con referred to in that section. After such action by the legislature the authority terminated and the operation of the section ceased. Ib. ARKANSAS. guns, carriages, etc., payable out of appropriations "for the armament of fortifications, and for other purposes," approved May 25, 1900 (31 Stat. 185), March 1, 1901 (31 Stat. 874), and June 6, 1902 (32 Stat. 308), notwithstand tract might extend over a period of more than two years. 25 Op. 105. 2. Same Support of armies.-The inhibition of Article I, section 8, clause 12, of the Constitution is confined to appropriations to raise and support armies in the strict sense of the word "support," and does not extend to appropriations for the various means which an army may use in military operations, or which are deemed necessary for common defense. Ib. 3. The contract with the Pneumatic Gun Carriage and Power Company for the construction of a disappearing gun carriage, under the act of August 1, 1894, makes no provision for the payment of a premium and does not bind the Government beyond the amount appro 1. The institution of proceedings on behalf of the United States to recover the title and possession of certain land (part of the Hot Springs Reservation) granted to the county of Garland, Arkansas, for the site of a public building, would not be warranted, for the reason that it is not clear whether the statute donating the land annexes a condition to the grant or creates a mere trust, and for the fur-priated. 21 Op. 457. ther reason that the county has brought suit to annul the lease and recover control of the property. 18 Op. 264. 2. Same. In the absence of any action on the part of Congress declaring forfeiture or directing suit, the Attorney-General is not warranted in instituting proceedings to recover to the United States the title and possession of the land granted by section 19 of the act of March 3, 1877 (19 Stat. 380), to the county of Garland, Ark., for a public building site. 20 Op. 307. 3. The State of Arkansas is not liable for interest on certain interest-bearing bonds of that State after their maturity. (United States v. North Carolina, 136 U. S. 211, followed.) 21 Op. 135. 4. Pursuant to the act of June 6, 1896 (29 Stat. 256, 261), the Secretary of War entered into a contract for the construction of a certain type of gun, for which 85 per cent of the sum appropriated was to be paid as the work progressed, and the remainder upon its completion and test. The gun was completed and successfully stood the regular proof test, but upon recommendation of the Board of Ordnance it was subjected to the ordnance test of being fired 300 times, and, as a result, on the fifteenth round the gun was destroyed. Held, that the contractor was entitled to the final payment, as neither the statute nor the contract made it necessary that the gun should be capable of any particular performance, nor that it should successfully withstand any test of strength; and the payment therefore, was not dependent upon any such performance or test. 22 Op. 465. Armament oF VESSELS. See NAVY, VII, 208. IV. Signal Corps, 226–229. V. Engineer Corps, 230, 231. VI. Summary Court, 232. Courts-Martial. See Courts-Martial. VII. Military Commission, 233. CLAIMS FOR ROYALTY. See CLAIMS, I, h, VIII. Army Regulations and General Orders, 74, 75. ARMOR PLATE ROYALTY. See CLAIMS, I, h, 74, 75. 234-238. IX. Articles of War, 239-241. X. Examining Board, 242-244. XI. Army Board, 245. XII. Civil Authorities, 246. I. In General. a. Use of. 1. Suppression of unlawful organizations— Cowboys.-Section 15 of the act of June 18, 1878 (20 Stat. 152), renders unavailable the aid of the military forces of the United States for the suppression of unlawful organizations, unless the state of facts be such as to enable these forces to be used under the provisions of section 5287 or of sections 5298 and 5300, Revised Statutes. 17 Op. 242. 2. Same. Upon consideration of the facts stated: Advised that the military forces of the United States may be employed under section 5298, Revised Statutes, after proclamation as required by section 5300, Revised Statutes, to aid in the execution of the laws and for the suppression of combinations of outlaws and criminals in the Territory of Arizona, without the need of further legislstion. 17 Op. 333. 3. Employment of, to aid marshal for Indian Territory. It is competent for the President, under section 5298, Revised Statutes, to direct the military forces to render the marshal for the Indian Territory such aid as may be necessary to enable him to maintain the peace and enforce the laws of the United States in that Territory, but the marshal himself can not call on the troops for aid, their use as a posse comitatus being forbidden by section 15 of the act of June 18, 1878 (20 Stat. 145, 152). 19 Op. 293. 4. The troops of the United States can not be employed in the Indian Territory to aid in the preservation of peace and the arrest of alleged "outlaws" and "bandits," unless such persons are illegally intruding or attempting to intrude upon the Indian country, or are ab |