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TREATIES—Continued.

the same rights to appear before Cuban courts and pursue the same course therein as citizens of Cuba, but it does not make it unlawful for the laws of that country to give them better methods of appearing and proceeding as aliens or Spanish subjects than those enjoyed by the citizens themselves. Consequently that article does not prevent article 44 of the alien law of Cuba from being applicable to the estate of Don Ramon Martí y Buguet, a native of Tarragona, Spain, and a Spanish subject, who died intestate at Baez, Santa Clara, Cuba, July 2,

1899. IV. 4. Treaty of Paris, 1898-Repatriation of Spanish Prisoners. — The treaty

of Paris of December 10, 1898 (30 Stat., 1756), contemplates and provides for the repatriation by the United States of all Spanish prisoners captured and held by them, or held and released by the insurgents in Cuba and the Philippines-soldiers and civilians-men, women, and children, and whether their detention

was originally voluntary as to them or otherwise. 9. 5. Same-Contract with Ceballos & Co.- To carry out the provisions of

that treaty the War Department entered into a contract with Ceballos & Co., by which that company agreed to transport to Spain “such number of prisoners of war and persons as may be designated by the Secretary of War.” Under that contract the authorities of the United States only were authorized to decide what persons came within the classes described in the treaty and the contract, and the company was bound to receive and

transport all who wer.. thus tendered. Ib. 6. Same-Construction of Treaty-Payment. The United States had

the right to adopt, as against itself, as liberal a construction of that treaty as it chose; and the company having in good faith performed its part of the contract, the payment therefor can not be affected by the iact that the agent of the United States exceeded his authority by tendering for transportation some persons who, as afterwards decided, did not come within the

purview of that treaty. Ib. 7. When operative.-As respects performance of conditions of a grant

by a private grantee, the date of a treaty is the date of its final ratification; but so far as the treaty affects the relations of the sovereigns concerned, it operates, when ratified, from the date

of its signature. 551.

See also CHINESE, 16. TUTUILA.

Duties on Goods Coming from that Island.-In view of the convention

concluded by the United States, Great Britain, and Germany on December 2, 1899 (31 Stat., 1878), the island of Tutuila is not a foreign country within the meaning of our tariff laws, and goods coming into the l'nited States from that island are not subject to duty. 629.

TYBEE ISLAND MILITARY RESERVATION. 1. Exclusive Jurisdiction of the United States-Service of State

Process.-An act of the State of Georgia, passed December 22, 1808, provided that from and after the passage of that act the Congress of the United States shall have and maintain jurisdiction in and over all the lands they have acquired, or may hereafter acquire, for the purpose of erecting forts and fortifications in that State. In 1875 the United States acquired by purchase from a citizen the lands upon which is now located the military reservation on Tybee Island, in that State. Held, That under the provisions of the act of 1808 the United States acquired and retains exclusive jurisdiction over that reservation, and the sheriff of the county within which it is situated has no power to go and serve thereon any process whatsoever issued by a

court of that State. 254. 2. The Act of Georgia of March 2, 1874, can have no Application to this

reservation, for at the time of its purchase that act was not in existence, and no right on the part of the State to serve civil or criminal process thereon having been reserved, the grant of power to the United States was and is exclusive of all State

authority. Ib. UNDERVALUATION. See Customs Laws, 1, 4. UNITED STATES COMMISSIONERS.

Jurisdiction in Chinese Exclusion Cases.- In the hearing of cases UNITED STATES SENATE-Continued. 4. Confirmation.—The confirmation of an officer nominated for pro

arising under the Chinese-exclusion laws, the duties of a United States commissioner are judicial rather than ministerial. Consequently the Treasury Department has no authority to issue instructions to l'nited States commissioners as officers charged

with the enforcement of these laws. 40. UNITED STATES SENATE. 1. Appointment during Holiday Adjournment.— The President is not

authorized to appoint an appraiser at the port of New York during the current holiday adjournment of the Senate, which will have the effect of an appointment made in the recess

occurring between two sessions of the Senate. 599. 2. Distinction between an Appointment and a Nomination. There is no

distinction between an appointment and a nomination other than the fact that the President nominates for appointment when the Senate is in session, and appoints when he fills a

vacancy temporarily during the recess of the Senate. Ib. 3. Distinction between a Recess of the Senate and an Adjournment. The

recess of the Senate during which the President shall have power to fill a vacancy that may happen (Const., Art. II, sec. 2, clause 3) means the period after the final adjournment of Congress for the session and before the next session begins; while an adjournment during a session of Congress means a merely temporary suspension of business from day to day, or for such brief periods of time as are agreed upon by the joint action of the two Houses. 16.

motion may be made as well by the appointment and promotion of his successor as in any other way, provided it shows the

assent of the Senate to such promotion. 30.

See also NAVAL OFFICERS. 1-3. VESSELS. 1. American Registry-Condemned Prize-Reversal of Decree.—Under

section 4132, Revised Statutes, a vessel lawfully condemned and sold as a prize of war to an American citizen is entitled to an American registry, which is not lost by the subsequent reversal

of the decree by the Supreme Court of the United States. 29. 2. Same.—The reversal of the decree operates only upon the fund

produced by the sale of the vessel, and does not disturb the title

and rights of the purchasers. 16. 3. American Registry-Hawaiian Vessel Owned by Chinaman.-A

Chinese person who was a citizen of the Republic of Hawaii on August 12, 1898, and who has not since abandoned or been legally deprived of his citizenship, is a citizen of the United States. He may take the oath required by sections 4131 and 4142, Revised Statutes, and have his vessel admitted to registry as an American vessel, provided it carried an Hawaiian register on the 12th of August, 1898, and was at that time owned bona

fide by a citizen of Hawaii or of the United States. 352. 4. Nationalization of Porto Rican Vessels.-Section 12 of the act of

June 26, 1884 (23 Stat., 56), which provides that consular officers rendering official services to American vessels and seamen shall furnish the niaster of every such vessel with an itemized statement of such services performed and make a report thereof to the secretary of the Treasury, and for such services shall receive from the Treasury Department the same compensation that they would have received prior to the passage of that act, applies equally to services rendered to nationalized Porto Rican

vessels. 414. 5. Same.—The ninth section of the Porto Rican organic act of April

12, 1900 (31 Stat., 79), provides for the nationalization of all vessels owned by the inhabitants of Porto Rico on April 11, 1899. Such nationalization placed those vessels upon the same footing as all other privileged American vessels, and conferred

upon them the benefits of the act of 1884. 1. 6. Naval Vessels--Materials and Labor.—The act of August 13, 1894

(28 Stat., 278), entitled “An act for the protection of persons furnishing materials and labor for the construction of public works," relates to contracts for the construction of public buildings, fortifications, river and harbor improvements, etc., which can only be erected upon land, and are commonly understood under the designation public works." The act does not WAR DEPARTMENT. 1. Correction of Records—Title to Land.—Claimant having furnished

refer to contracts for the construction of naval vessels. 174. See also FORFEITURE, 5; NAVIGATION, 1, 2; WRECK.

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the War Department sufficient proof that, for a period of more than twenty years next before the passage of the act of March 3, 1899 (30 Stat., 1346), he was in the actual and uninterrupted possession of and had paid the taxes upon lot 5 in square 1113 in the city of Washington, is entitled, under section 2 of that act, to have the records of the War Department so corrected as

to show the title to said lot to be in him. 21. 2. Telegraph Concessions in Cuba-Infringement.--As a matter of

power, it is within the legitimate function of the War Department to maintain a telegraph line between Santiago and Havana, Cuba, and to transmit private messages over it, although the transaction of business of that nature may be in conflict with the vested rights of the International Ocean Telegraph

Company. 425. 3. Same-War Power.-In the maintenance and operation of such

line the military officers of the United States in Cuba are exercising a war power under a military occupation of territory

wrested by arms from a belligerent. Ib.

See also SECRETARY OF WAR. WAR-REVENUE ACT. See INTERNAL REVENUE. WAREHOUSE. See INTERNAL REVENUE, 13-15. WASHINGTON HOSPITAL FOR FOUNDLINGS. See BOARD OF

CHARITIES FOR THE DISTRICT OF COLUMBIA. WHARFAGE CHARGES. See State TOLL. WITNESSES. See COURT-MARTIAL, 4, 5. WORDS AND PHRASES.

1. “Adjournment.”—See “RecESS OF THE SENATE." 2. An "Alien Seaman” is one who, in pursuit of and as a necessary

incident to his calling, temporarily enters this country and is awaiting his departure; while an "alien immigrant" is one who

enters this country with the intention of remaining in it. 521. 3. “Any Revenue Laws.”—The words “any revenue laws," found in

Sec. 5293, R. S., authorize the remission of a penalty under the internal-revenue laws as well as under the customs-revenue

laws. 398. 4. “Appointment”—“Nomination.—There is no distinction between

an appointment and a nomination other than the fact that the President nominates for appointment when the Senate is in session, and appoints when he fills a vacancy temporarily dur

ing the recess of the Senate. 599. 5. Armory" comes literally within the definition of an arse

irsenal, it being “a place where arms and instruments of war are de

posited for safe-keeping.” 443. 6. “Arsenal” in its generic meaning is “a place for the storage,

or for the manufacture and storage, of arms and all military equipment, whether for land or naval service." Ib.

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WORDS AND PHRASES—Continued. 7. "Arsenals of the United States Government” include powder and

ordnance depots, the Gun Factory, and the National Armory.

Ib. 8. “Because of.”—See “BY REASON OF.” 91. 9. "Bill of Lading.”—In maritime jurisprudence a "bill of lading"

signifies a memorandum or acknowledgment in writing, signed by the captain or master of a ship or other vessel, that he has received in good order on board of his ship or vessel, therein named, at the place therein mentioned, certain goods therein specified, which he promises to deliver in good order, the dangers of the sea excepted, at the place therein appointed, for the delivery of the same to the consignee therein named, or to his

assigns, he or they paying freight for the same. 3. 10. “Broker.”—A broker is one who negotiates purchases or sales, or

both purchases and sales, of one or all of the following-named classes of property: bonds, exchange, bullion, coined money,

bank notes, promissory notes, and other securities. 139. 11. “By Reason of."— The words “by reason of," found in section 2,

Rule IX, of the Civil-Service Rules, has the force and meaning of

the phrase “because of.” 91. 12. A Charitable or Eleemosynary Institution is one created or existing

for the relief of the poor, or for the purpose of conferring any

gratuitous benefit. 287. 13. "Charter Party.”-A “charter party,” in its primary meaning, was

a contract for the letting of the whole or part of a ship for the conveyance of goods in consideration of the payment of

freight. 4. 14. "Cows," when kept for household use, are to be considered

“household effects” as that term is used in paragraph 504 of

the act of July 24, 1897 (30 Stat., 196). 310. 15. "Dependent upon Lot or Chance.”—These words, as used in section

3894, Revised Statutes, as amended by the act of September 19, 1890 (26 Stat., 465), exclude estimates which are based upon mental calculation, even though the factors which enter into

such calculation may be uncertain and matter of conjecture. 492. 16. " Design” refers to manufactures as well as to the fine arts, and the

test of a designer's industrial character may depend upon the nature of his designs or the conditions and methods of its ap

plication to manufacture. 381. 17. A "Draftsman," who is described as a “lace maker," seems to be

one who is so closely connected with that particular trade as to be a member of it, just as a molder or designer of molds appears

to belong to the metal-casting trade. Ib. 18. *Dramatic Composition.”—May be a book. 353. 19. “Duty” referred to in section 2932, Revised Statutes, means import

duty. 419. 20. "Export.”—The word “export,” in its earliest sense, meant the

carrying out of goods from one country into a foreign country by means of a ship. 4.

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