NAVAL OFFICERS-Continued.

cially meritorious services, although at the time of such nomination such officers may have been honorably discharged from the naval service. 413.

3. Same-Senate's Approval-Nunc pro Tunc Advancement.-Such nomination is, in effect, if approved by the Senate, a nunc pro tunc advancement of the officer. It is of a date and operates at a time when the officer was in the temporary service of the Government, and is not open to the objection that it amounts to the advancement of an officer who is no longer in the service. Ib. 3. Promotion-"Wounds Received in the Line of His Duty."-The expression, "wounds received in the line of his duty," found in section 1494, Revised Statutes, which provides for the promotion of officers of the Navy whose physical disqualifications do not incapacitate them for other duties, means precisely what it says namely, wounds received in the line of duty-and is not restricted to any particular part of that duty, as to wounds received in battle or in some hazardous enterprise. 324. 4. Same. An officer thus disqualified for sea duty is eligible for promotion if his wounds do not incapacitate him for other duties in the grade to which he seeks promotion. Ib.

5. Same "Other Duties."-The words "other duties," in section 1494, Revised Statutes, refer to duties other than duties at sea. Ib.

6. Relative Rank of Officers-Maj. Charles H. Laucheimer-Maj. Charles H. McCauley. Under the act of March 3, 1899 (30 Stat.; 1004), reorganizing the personnel of the Navy and Marine Corps, Charles H. Laucheimer, a captain of the line in the Marine Corps, was, upon the date of the passage of that act, appointed and commissioned assistant adjutant and inspector with the rank of major, and on March 11 following, took the oath of office. On March 23, 1899, Charles H. McCauley, a captain and adjutant quartermaster in the Marine Corps, was promoted to assistant quartermaster, with the rank of major, to take rank from March 3. He took the oath of office on March 30. The question of the relative rank of these officers being presented for examination, Held, (1) That the advancement of an officer to a higher grade, one to which he could not then succeed in due course by seniority, while called an appointment, is, in fact and effect, a promotion. Major Laucheimer's advancement should therefore be taken as a promotion, and there is nothing in this regard to affect their relative rank. (2) As Major Laucheimer's commission and induction into office each antedate by several days that of Major McCauley's, during that period the former ranked the latter. This rank was not lost nor a superior one conferred by the subsequent promotion of Major McCauley. (3) As both officers were, in fact, promoted, the earlier commission and rank of Major Laucheimer entitle him to precedence in rank.

155.

NAVAL STATIONS. See CULEBRA ISLANDS, 2, 3.
NAVAL VESSELS. See CONTRACTS, 8.
NAVIGABLE WATERS. See PORTO RICO, 4.

NAVIGATION.

1. Obstruction to-Contributory Negligence.-The U. S. tug Resolute, while passing up the channel near Fort Winthrop at high tide, struck a sunken scow and was damaged. The captain of the Resolute knew of the sinking of the scow, its locality, and that boats had been engaged in unloading and trying to raise the boat. At the time of the striking the scow could not be seen, and there was no danger signal to indicate the presence of an obstruction. Held, That in view of the fact the master of the Resolute knew that tugs had been engaged in unloading and trying to raise the scow, that the harbor master had been notified of the sinking of the scow, and in view of the imperative requirements of the law and the uniform practice as to keeping danger signals displayed as long as necessary, the master, seeing no danger signal displayed, had the right to suppose that the danger had been removed, and was not negligent in assuming that in this particular case there was no danger where there was no danger signal. 43.

2. Same-Damages.-But if, at the time of the accident, the master of the Resolute knew of the danger, or if, under all the circumstances, he ought to have known of it, and he failed to take reasonable and proper care to avoid it, and thus met with the accident, no recovery can be had against the owners of the Ib.

NAVY DEPARTMENT.

1. Claim-Armor Plate Royalty-Harvey Process.-The Navy Department may rightfully withhold its approval of the voucher providing for the payment to the Carnegie Steel Company of the sum of $8,024.45, claimed as royalty for the use of the Harvey process in the manufacture of armor plate for naval vessels under the contract of 1898, until the right of the Harvey Steel Company to demand and collect from the Government a royalty for the use of the process is determined in the suit pending in the Court of Claims. 422.

2. Same. See also 495.

3. Culebra Islands—Assignment as Naval Base.—The Navy Department would not be warranted in requesting the President to make assignment to it of the Culebra group of islands for a naval base, so far, at least, as that portion of the plan is concerned which involves harbor shores, or any other branch of the rights and property committed by section 13 of the act of April 12, 1900 (31 Stat., 77), to the administration of the government of Porto Rico. 564.

19395-VOL 23-02- -44

NEGLIGENCE. See NAVIGATION, 1, 2.

NORTH AMERICAN COMMERCIAL COMPANY. See SECRETARY OF THE TREASURY, 2, 3.

OAKLAND HARBOR, CALIFORNIA. See HARBOR IMPROVE

MENTS.

OATH OF OFFICE.

Marshals of Consular Courts.—Subjects of a foreign nation may be appointed marshals of consular courts and, when so appointed, need not, under the laws or regulations, take the oath prescribed by sections 1756 or 1757, Revised Statutes. In such cases the officer should take the oath prescribed, except as to allegiance. 608.

OFFICERS. See ARMY OFFICERS; NAVAL OFFICERS.

OFFICERS OF THE UNITED STATES. See GENERAL ARBITRATION BOARD; PAN-AMERICAN CONFERENCE.

OPINIONS. See ATTORNEY-GENERAL; COMPTROLLER OF THE TREASURY. PAN-AMERICAN CONFERENCE.

1. Counsel for Delegates of the United States-Appointment-Penalty.— The acceptance of an appointment as counsel for the delegates of the United States to the Pan-American Conference by a person who is engaged as an attorney in prosecuting claims before the Spanish Treaty Claims Commission would not subject such person to the penalties prescribed by section 5498, Revised Statutes. The penalties therein prescribed are for the prosecution of claims against the United States by one who holds an office or place such as is described in that section. 533.

2. Same. While the appointee would be subject to no penalty for accepting such appointment, yet it, while holding the place of such counsel, he should engage in the prosecution of claims against the United States before that Commission, or other tribunal, he would be subject to the penalties therein prescribed. Ib.

3. Same. While such person would not be an officer, as that term is there used, he would come within the description of a person holding a place of trust or profit under the Government of the United States. Ib.

4. Same-Services of, not "Clerical" in Character.-The acts of June 6, 1900 (31 Stat., 437), and March 3, 1901 (31 Stat., 1179), making appropriation for the "expenses of the delegates to the proposed international conference, and for incidental clerical assistance," do not contemplate nor 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. Ib.

PASSPORTS. See DEPARTMENT of STATE, 4.

PAYMENTS. By or Under the Head of an Executive Department-Attorney-GeneralOpinion. Except in matters of great importance, the AttorneyGeneral will not express an opinion upon any question involving a payment to be made by or under the head of an Executive Department. That duty, by the act of July 31, 1894 (28 Stat., 208), is imposed upon the Comptroller of the Treasury, whose opinion is binding and conclusive.

See also 2, 86, 431, 468, 586.

PENALTIES.

1.

1. Remission of-Internal-Revenue-Secretary of the Treasury.-The Secretary of the Treasury has authority, under section 5293, Revised Statutes, to remit the penalty imposed on a national bank for its failure to make a timely return of its liability for the special tax levied under section 2 of the act of June 13, 1898. (30 Stat., 448.) 398.

2. Same. The words "any revenue laws," found in that section, authorize the remission of a penalty under the internal-revenue laws as well as under the customs-revenue laws. Ib.

3. Same. The additional tax imposed by section 5293, Revised Statutes, is a penalty. Where an additional duty is clearly intended not to operate as a penalty, Congress is careful to say So. Ib.

See also PAN-AMERICAN CONFERENCE; CONTRACTS, 3-6. PENSIONS.

Accrued-Burial Expenses of Deceased Pensioner.-The word "person" as used in the act of March 2, 1895 (28 Stat., 964), includes a municipal corporation, and authorizes the payment by the Secretary of the Treasury, from the accrued pension of a deceased pensioner, of such sum as may be necessary to reimburse a municipal corporation for the expenses it incurred during the last sickness and for the burial of a deceased pensioner who died not leaving sufficient assets to meet such expenses. 428. PERMANENT COURT OF ARBITRATION. See GENERAL ARBITRATION BOARD.

PERSONAL PROPERTY.

Disposition of Personal Effects found on prisoner at time of his arrest. See EXTRADITION, 7-9.

PHILIPPINE ISLANDS.

1. Citizenship.—The attitude of the executive and legislative departments of the Government has been, and is, that the native inhabitants of the Philippine Islands did not become citizens of the United States by virtue of the cession of the islands by Spain by means of the treaty of Paris. 370.

2. Civil Service.-There is nothing in the recent decisions of the Supreme Court (in the Insular cases) that would modify the view taken by the Attorney-General regarding the proposed amend

PHILIPPINE ISLANDS-Continued.

ment to the civil-service rules, that every applicant for examination for appointment to the executive civil service of the United States in the Philippine Islands must be a citizen of the United States or a native inhabitant of said islands. 458.

3. Customs Duties on Spanish Publications.-All such Spanish scientific, literary, and artistic works, not subversive of public order, which are published in Spain and thence imported into the Philippine Islands as were entitled to free entry into those islands under the Spanish tariff in force when our Government began to exercise authority therein, are entitled, under Article XIII of the treaty of peace with Spain (30 Stat., 1760), to continue to be admitted free of import duty and of the duty or charge of 2 per cent ad valorem for harbor and commercial improvement charges, under section 20 of the Philippine tariff, for the period of ten years from the date of the exchange of the ratifications of the treaty, which privilege includes the bindings in which such works, if publications, are inclosed, provided such bindings were previously admitted free. 115.

4. Registration of Trade-Marks.-The Philippine Islands not being organized Territories of the United States as contemplated by section 1981, Revised Statutes, the residents of those islands are not as such entitled to the privileges of the trade-mark law. 634.

See also CONCESSIONS, 1-10, 15; SEAMEN, 5.

PLEDGE. See INTERNAL REVENUE, 3-6, 18.

POLARISCOPIC TESTS. See CUSTOMS Laws, 24, 27, 28.
POLICE JUSTICES, DISTRICT OF COLUMBIA.
OF COLUMBIA, 3.

PORTO RICO.

See DISTRICT

1. Citizenship.-The attitude of the executive and legislative departments of the Government has been, and is, that the native inhabitants of Porto Rico did not become citizens of the United States by virtue of the cession of the islands by Spain by means of the treaty of Paris. 370.

2. Same. The act for the temporary government of Porto Rico did not confer Federal citizenship upon the inhabitants of that island. Ib.

3. Civil Service. There is nothing in the recent decisions of the Supreme Court (in the Insular cases) that would modify the view taken by the Attorney-General regarding the proposed amendment to the civil-service rules, that every applicant for examination for appointment to the executive civil service of the United States in Porto Rico must be a citizen of the United States or a citizen of Porto Rico. 458.

4. The Coastal Waters, Harbors, and Other Navigable Waters of the island of Porto Rico are waters of the United States within the meaning and intent of section 10 of the river and harbor act of