lations of the board of trustees. 29: 425. 72. Same. The sufficiency of any bonds offered as security for the deposit of postal savings funds, even if if they fall within the class "public bonds or other securities supported by the taxing power," rests entirely in the uncontrolled discretion of the board of trustees. 29: 425. 73. Settlement of accounts of deceased depositors.-The Postmaster General is authorized to make regulations dispensing with administration proceedings in the settlement of accounts of deceased depositors in the Postal Savings System, provided such regulations be reasonable, adapted to the discovery of truth, and based upon the general legal principles governing the distributions of decedents' estates. 29:477. 74. Same.-Perhaps it would be well to have the regulations printed in the pass book or otherwise brought to the attention of the depositors, and it would also seem wise, out of abundant caution, to have the regulations adopted by the board of trustees. 29: 477. POSTMASTER GENERAL CARRYING THE MAILS, AUTHORITY TO CONTRACT FOR. See POSTAL SERVICE, III, a, 24. CARRYING THE MAILS, AUTHORITY TO IMPOSE FINES FOR DELAYS IN. See RAILROADS, V, a, 56, 57. CARRYING FOREIGN MAILS, RIGHT TO REJECT BIDS FOR. See POSTAL SERVICE, III, b, 30. FLEET MAIL CLERK, DESIGNATION OF. See NAVY, I, b, 5. LETTER BOXES, POWER TO DETERMINE QUALITY AND CHARACTER OF. See POSTAL SERVICE, II, 16. MONEY ORDER SERVICE, PHILIPPINE ISLANDS. See POSTAL SERVICE, 33. PAPER FOR POSTAL CARDS, AUTHORITY TO PURCHASE. See PRINTING, III, 24. POTOMAC RIVER, D. C. 1. Title to made land.-Riparian rights.-The United States is the owner of the submerged land and also the bed of the navigable portion of Potomac River within the original limits of the District of Columbia. 28: 366. 2. Same. The submerged area along the water front of the Potomac River just below Alexandria, Va., if filled with material dredged from the river, will remain the property of the United States up to the present high-water mark. 28: 366. POWER OF THE UNITED STATES PRESIDENT I. Appointments, 1-7. II. Army and Navy, 8-14. III. Miscellaneous, 15-20. I. Appointments 1. Alaska fisheries service.-The agents in the Alaska fur-seal fisheries service and the agents and inspector in the Alaska salmon fisheries service, | Engineers of the Navy," to appoint whose positions were placed in the division of Alaska fisheries by the act of March 4, 1911 (36 Stat. 1439), need not be reappointed, since the mere creation of a new administrative division in which such positions are placed does not establish new offices; the new positions of agent, Alaska salmon fisheries and of warden and deputy wardens, Alaska service, in the division of Alaska fisheries, should be filled by appointments made by the President, by and with the advice and consent of the Senate, as the duties of these officers are manifestly not clerical. 29: 116. 2. Same. The deputy commissioner of fisheries must be appointed by the President, by and with the advice and consent of the Senate, and where such appointment is made by the head of the department it is illegal and the incumbent's status is that of a de facto officer. A new appointment is not made necessary, however, merely by reason of the increase of the salary of the office. 29:116. 3. Recess appointment.-Postmasters. A vacancy in a postmastership having occurred during the session of the Senate and the Senate having failed to confirm an appointment, the President may then appoint a person to fill the vacancy, by temporary commission, to expire at the end of the next session of the Senate. 30: 314. 4. Same. Salary.-The question as to whether the appointee can be paid the salary of the office before confirmation by the Senate should be referred to the Comptroller of the Treasury for determination, as this is a matter which would naturally come before him, and as to which, the opinion of the Attorney General would only be advisory. 30: 314. 5. Naval officer.-The President has power during the recess of the Senate, and pursuant to the act of March 4, 1907 (34 Stat. 1407), which authorized him, by and with the consent of the Senate, "to reinstate Leonard Martin Cox in the Corps of Civil Mr. Cox to the position indicated, 7. Same. The salary or compensation of a person so appointed can not be paid, "if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until such appointee has been confirmed by the Senate." (Sec. 1761, Rev. Stat.). 26: 234. DELEGATION OF CERTAIN POWERS OF OFFICERS OF THE UNITED STATES. See PRINCIPLE CHIEF OF CHOCTAW NATION. TEMPORARY APPOINTMENT OF NAVAL II. Army and Navy 8. Authority to remove floating dry dock from Algiers, La., to Guantanamo, Cuba.-The President has no power, in the absence of an emergency making such action imperative for the protection of the interests of the Government, to remove to the naval station at Guantanamo, Cuba, the floating dry dock which was constructed and located at the naval reservation at Algiers, La., under the provisions of the act of May 4, 1898 (30 Stat. 379). 28: 511. 9. Authority to send militia into a foreign country.-The Constitution, which enumerates the exclusive purposes for which the militia may be called into the service of the United States, affords no warrant for the use of the militia by the General Government, except to suppress insurrection, repel invasions, or to execute the laws of the Union, and hence the President has no authority to call forth the organized militia of the States and send it into a foreign country with the Regular Army as a part of an army of occupation. 29: 322. 10. Boatswain in Navy.-Revocation of warrant.-The President has no power to revoke the warrant of a boatswain in the Navy and discharge him from the service without the sentence of a court-martial. 28: 325. 11. Power to detail officers of the Engineer Corps.-The President has the power to detail officers of the Engineer Corps of the Army to act as experts at a hearing involving the granting of a permit to the city and county of San Francisco, to use the Hetch Hetchy Valley, in the Yosemite National Park, for maintaining a water supply for municipal purposes. 28: 270. 12. Same.-Officers of the Engineer Corps of the Army may be ordered to any duty in the line of their profession. 28: 270. 13. Same.-Section 9 of the act of March 4, 1909 (35 Stat. 1027), does not operate to either repeal any portion of section 1158 Revised Statutes, or to revoke the implied power there given to the President, to order Army Engineers to any duty, nor does it curtail his power under that section, or otherwise, to assign such Engineers to any duty. 28: 270. III. Miscellaneous 15. Authority to reallot unexpended balances of appropriations.-Any unexpended and unobligated balance of allotment made to any department of the Government from the national security and defense appropriation for the fiscal year ending June 30, 1919 (40 Stat. 635), may be recalled from that department by the President and restored to the parent appropriation and be then reallotted by him to any other department to be used for purposes authorized by the appropriation. 32:359. 16. Commemoration of the fiftieth anniversary of emancipation proclamation. It is within the power of the President to issue a general proclamation calling the attention of the people of the country to the fiftieth anniversary of the issuance of the emancipation proclamation and inviting them to unite in an appropriate celebration of that event. 29: 52. 17. Same. If, however, it is desired that especial national observance be paid to the anniversary of the issuance of the emancipation proclamation by making it a legal holiday and providing for appropriate services under national auspices, the matter should be brought to the attention of Congress, to the end that the appropriate enactment be had by the passage of a bill or joint resolution. 29: 52. 18. Grover Cleveland birthplace.The proposed gift of the Grover Cleveland birthplace at Caldwell, N. J., upon the condition that the property be maintained as a suitable memorial, should not, as a matter of administrative policy, be accepted on behalf of the United States without the consent of Congress and the President. 30: 527. 19. Regulations, Public Health Service. The President has authority to promulgate the amended regulation 47 of the Public Health Service, which gives passed assistant surgeons a right to promotion to any vacancy in the grade of surgeon, whether a vacancy exist or not, after 12 years' service and passing an examination, provided they are appointed by the President, with the advice and consent of the Senate; and the fact that the amended regulation will or will not have the effect to create or increase a deficiency in the pay fund appears to bear upon its wisdom as an administrative measure and not upon its legality. 31:570. 20. Selection of Surgeon General.The President in selecting a Surgeon General of the Public Health and Marine Hospital Service is not restricted by law to the list of commissioned officers in the Medical Corps of that service. ΤΟ CUSTOMS DIVISION, AUTHORITY INCREASE FUNCTIONS. See CusTOMS LAW, I, 4, 5. CUSTOMS SERVICE, REORGANIZATION. See CUSTOMS LAW, I, 2-5, 8. DISCLOSURE OF DATA, ETC., TO CONGRESS, AUTHORITY TO DIRECT. See EXECUTIVE DEPARTMENTS, II, a, 36. CERTIFICATION TO CIVIL SERVICE. TRANSFER OF NAVAL STATIONS. See NAVY, I, e, 48. FREIGHT RATE ON COAL, DECIDE UNREASONABLE. I, d, 38. RIGHT TO See NAVY, GOVERNMENT EMPLOYEES, AUTHOR- NATIONAL BANKS, INFORMATION RE- NIAGARA FALLS LANDSCAPE ARHITECTS COMMITTEE, AUTHORITY TO CONTINUE. See NIAGARA FALLS AND RIVER, 4. PENSION AGENCIES, AUTHORITY ΤΟ DISCONTINUE. See ARMY, I, b, 4-5. PROCLAMATIONS: COPYRIGHT. See COPYRIGHT, 1–5, EXPORT OF ARMS. See ARMS AND 29. TRANSFER OF LAND TITLES TO INSULAR GOVERNMENT. See NAVY, I, e, 46. |