CONSTITUTIONAL LAW

1. Appointments.-The general rule deducible from Article II, section, 2, clause 2, of the Constitution is that in the absence of an express enactment to the contrary, the appointment of any officer of the United States belongs to the President by and with the advice and consent of the Senate. 26: 627.

2. Same.-Lands overflowed in dam construction. If in consequence of the construction of Long Sault Rapids Dam, Rainy River, adjoining lands should be overflowed and their value be destroyed, such action would be a taking of property in the constitutional sense, and it would be necessary to make proper compensation therefor. 27:327.

3. Same. If no injury arise from the construction of the dam other than the mere occupancy of such portion of the bed and bank of the stream as might be necessary for its construction, this would not constitute a taking of private property for public use in the constitutional sense, and no liability for compensation would arise therefrom. 27: 327.

4. Same. If the entire title to such strip of land should be taken and not a mere easement therein, proper compensation would have to be paid. 27:327.

5. Eminent domain.-Oyster beds.Compensation.-The interests of private individuals or companies in oyster beds held under leases from the State of New Jersey constitute private property which can not be taken or destroyed by the United States Government for public purposes without making just compensation therefor. 26: 441.

6. Same. The destruction of the oyster beds held under leases from the State of New Jersey, will be a "taking" of private property within the m aning ing of the fifth amendment to the Constitution. Actual manual caption is not necessary, nor is it essential that the Government make use of the property taken. 26: 441.

7. Same. The title of the State to such lands is in no wise inconsistent with its power to grant, or with the power of purchasers or other grantees to acquire, in such lands, a private property which is pecuniarily valuable and should not be taken without compensation. 26: 441.

8. Same. The Government of the United States has the right to dredge a channel in navigable waters for the purpose of carrying out improvements authorized and directed by Congress, without making compensation to the owners of oyster beds placed upon soil under the water originally owned and occupied by them, for the injury to or destruction of their property, reasonable opportunity being given such owners to remove the same. 27: 311.

9. Same. There has never been a doubt that where really private property is actually taken for public use just compensation must be made therefor. 26: 441.

10. Gifts from a king or foreign State.-Acceptance of an order from the King of Sweden.-A field assistant on the United States Geological Survey designated as special agent, whose service is not continuous, who is paid by the day when actually employed, and who does not take any oath of office, is not an officer under the United States within the meaning of Article I, section 9, paragraph 8, of the Constitution, and he may therefore accept from the King of Sweden the order of the "Knighthood of the North Star." 28: 598.

11. Same.-Acceptance of an insignia from the German Emperor.— The Secretary of State would not be justified, without authority of Congress therefor, in delivering to a clerk of class 4 in the Post Office Department an insignia which had been conferred upon the latter by the German Emperor. 27: 219.

12. Same.-A clerk in the Post Office Department is an inferior officer of the United States within the meaning of Article II, section 2, paragraph 2, of the Constitution, and is therefore

inhibited by the last clause of Article I, section 9, of the Constitution, from accepting the insignia conferred upon him by the German Emperor unless the consent of Congress be first

obtained. 27: 219.

13. Same.-Section 3 of the act of January 31, 1881 (21 Stat. 604), which directs that any present, decoration, etc., which shall be conferred or presented by any foreign government to any officer of the United States shall be tendered through the Department of State, does not authorize their delivery to any particular class of officers, or to any officer, unless authority therefor be first obtained by act of Congress. 27: 219.

14. Public lands beneath the waters of a navigable lake become subject to the disposition of the State wherein they lie upon and by virtue of her admission to the Union; but the question of navigability is a Federal question ultimately determinable by the Supreme Court of the United States, applying the Federal con

CONSTRUCTION OF STATUTES

See STATUTORY CONSTRUCTION.

CONSULAR SERVICE

See CIVIL SERVICE, III, b, 65.

CONTRACT LABOR LAWS

See IMMIGRATION, I, 3; III, a, 23, 27; III, b, 30-47; III, c, 49-54; III, d, 58.

CONTRACTS

I. In general:

a. Contracts, authorized and
unauthorized, 1-26.

b. Advertisement, bids, accept-
ance and award, 27-37.
c. Sufficiency of return of con-
tracts, 38-40.

II. Construction, operation, validity, 41-56.

III. Modification, waiver, 57-63. IV. Abandonment, cancellation, 6468.

V. Performance and payment, 69-88. VI. Adjustment of losses, 89-98. VII. Miscellaneous, 99-105.

I. In general

a. Contracts, authorized and un-
authorized

1. Construction of buildings.—Ordnance Department.-The completion of a building now under construction by the Ordnance Department of the Army is authorized, if there is a contract for the construction thereof which has not been canceled and the work thereon has only been suspended, and if there is available an appropriation sufficient for the purpose. 32: 155.

2. Same.-A contract for the construction of permanent buildings and equipment for manufacturing purposes is authorized, if there is an appropriation sufficient for the purpose, and if

in the opinion of the Secretary of War such contract is necessary. 32: 155.

3. Farm loan bonds.-The proposed contract between the Federal Farm Loan Board and certain investment houses, in stipulating that all issues of bonds of the Federal land banks for a period of six months from June 1, 1917, shall bear interest at the rate of 42 per cent, is not in conflict with the second subsection of section 12 of the Federal farm loan act (39 Stat. 370), which provides that farm land mortgages shall carry "a charge on the loan at a rate not exceeding the interest rate in the last series of farm loan bonds issued by the land bank making the loan." 31: 122.

4. Same. The provision of this contract to the effect that the bonds issued by the Federal land banks and not disposed of to the investment houses shall be sold by the issuing banks at the fixed price of 101% is within the purview of the powers conferred by the Federal farm loan

5. Foreign mail service.-In entering into contracts for carrying foreign mails under the act of March 3, 1891 (26 Stat. 830), the Postmaster General, in the promotion of the commercial interests of the United States, has authority to reject any bid not in his opinion reasonable for attaining such purpose and may notify prospective bidders in advance of his purpose not to entertain such bids and may reserve the right to rescind the contract if a material condition thereof be disregarded by the contractors. 29: 194.

6. Guaranty of bank deposits.-A national bank may enter into a contract with a guaranty company under which, in consideration of premiums paid by the bank, the company insures and guarantees each depositor in the bank the full payment of his deposit therein. 30: 341.

7. Irrigation construction works.The regulations promulgated by the Secretary of the Interior February 21, 1908, as amended May 28, 1908, which authorized the engineers of the

Reclamation Service, acting for and on behalf of the United States, to enter into contracts with water users or water users' associations or with representative committees of the settlers to advance certain moneys and perform work in the construction of irrigation works, certificates to be issued therefor redeemable at face value in part or full payment of the charges against the lands of the holders of the certificates-were unauthorized by the act of June 17, 1902 (32 Stat. 388), and the Secretary of the Interior had no authority to enter into such contracts. 27:360.

8. Lincoln Memorial.-Under the act of February 9, 1911 (36 Stat. 898), creating the Lincoln Memorial Commission, the Secretary of War must proceed upon the view that it is his duty to enter into such contracts only as, in his opinion, are proper and necessary to carry into fruition the plan and design of the memorial approved by Congress. 30: 239.

9. Memorial amphitheater, Arlington National Cemetery, Va.-Section 14 of the act of March 4, 1913, which created a commission to direct the construction of a memorial amphitheater at Arlington National Cemetery, Va., does not authorize any present expenditure, but it does authorize the commission to enter into contracts to the extent of the full cost of the buildings, to wit, $750,000. 30: 147.

10. Same. The commission should, at the proper time, submit to Congress, through the Secretary of the Treasury, an estimate of the requirements, together with a report of its action. 30: 147.

11. Military movement of troops.Neither sections 1 or 2 of the Sherman Antitrust Act of July 2, 1890 (26 Stat. 209), nor section 5 of the act to regulate commerce of February 4, 1887 (24 Stat. 380), prevents the Navy Department from agreeing with many railroads, or prevents such railroads from agreeing among themselves, that a common agent of the roads may for

12. Same. It is not believed that the proposed contract, if made, would embarrass the Department of Justice in the prosecution of railroads for pooling contracts. 30: 381.

13. Same. The act to regulate commerce of February 4, 1887 (24 Stat. 379), does not forbid a contract for the military movement of troops at less than tariff rates. 30: 381.

14. North Platte reclamation project. There is no statute authorizing the Secretary of the Interior to enter into contracts contemplated in the North Platte reclamation project in Nebraska, to wit, a cooperative plan whereby the United States enters into an agreement with the Water Users' Association by which the association undertakes to perform certain work within certain maximum prices, the work to become the property of the United States upon acceptance, payment therefor to be made by the association in certificates of work performed, which certificates are to be accepted by the United States in reduction of charges against particular tracts, as an equitable apportionment thereof. 27: 590.

15. Same.-There is no material difference between the above-described project and the Grand Valley Water Users' Association contract, in regard to which an opinion was rendered May 26, 1909. 27: 590.

16. Same. The act of June 17, 1902 (32 Stat. 388), gives the Secretary of the Interior authority to let contracts for the construction of reclamation works only when "the necessary funds *** are available in the reclamation fund," and if these funds are not available and sufficient, no such authority exists. 27: 590.

17. Patented turbine machinery for battleship "Florida."-The Secretary of the Navy has the authority to acquire and pay for the right to manufacture and install on board the battleship Florida, the construction of which was authorized by the act of May 13, 1908 (35 Stat. 158), patented forms of tur

18. Same.-The Attorney General approves of a proposed form of agreement for the purchase of the right to manufacture and install the machinery in question, and sees no objection to the Secretary of the Navy entering into the contract as therein set forth. 27: 173.

19. Printed facing slips.-An employee of the Postal Service who merely executes a contract with the United States, or a department thereof. on behalf of a corporation of which he is president, can not be said to be an agent for the corporation "in any business before the department" within the meaning of section 226 of the Criminal Code, and a contract thus executed may be legally entered into by the Postmaster General for what are known as "printed facing slips" to be used as labels on packages of letters, 29: 199.

20. Salt River reclamation project.— Electric energy.-The contract entered into between the United States and the Pacific Gas & Electric Co., in connection with the construction, operation, and maintenance of the Salt River reclamation project, neither violates the provisions of the antitrust law of July 2, 1890 (26 Stat. 209), nor the provision of the act of April 16, 1906 (34 Stat. 116), which, in authorizing the Secretary of the Interior to lease surplus power derived from reclamation projects, provides that preference shall be given to municipal uses. 30: 197.

21. Same. By the terms of the contract between the United States and the Pacific Gas & Electric Co., in connection with Salt River reclamation project, surrendered and conveyed all of its rights within the physical limits of the Salt River reclamation project, and in lieu thereof the United States agreed to furnish to the company in the city of Phoenix, Ariz., a specified amount of electrical energy generated at its works at the Roosevelt Reservoir