PORTO RICO-Continued.

March 3, 1899 (30 Stat., 1151), although the ratifications of the treaty whereby that island was ceded by Spain to the United States were not exchanged until after the passage of that act.

551.

5. Culebra Islands.-Under the treaty of peace with Spain (30 Stat., 1755), the Culebra Islands constitute a part of Porto Rico. 564. 6. Same-Local Control of "Harbor Shores, Docks, Slips, and Reclaimed Lands."-By the thirteenth section of the act of April 12, 1900, providing a civil government for Porto Rico (31 Stat., 77), Congress committed to local control, subject to the express limitation upon the local legislative power, the administration of certain public property and utilities, including "harbor shores, docks, slips, and reclaimed lands,” but excluding “harbor areas or navigable waters." Ib.

7. Same-Retrocession of Part Needed for United States Naval Station.Since the General Government made no reservation, express or implied, of any zone or strip of harbor shore not intended to be surrendered to the local government by that act, the United States should obtain, in accordance with the usual methods of authorization by Congress, a transfer of such individual property rights as may be involved, and a retrocession pro tanto from the government of Porto Rico of such part of the Culebra Islands as may be needed for a naval station. Ib. 8. Same-Assignment by President not Warranted.-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, to the administration of the government of Porto Rico. Ib.

9. Customs Revenues-Expenditures-The President.-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 Coun450.

cil."

10. Exhorto or Letter Rogatory.-There is no law, Federal or State, which requires or authorizes any court of New York to comply with an exhorto or letter rogatory issued by the tribunal of the district of San Juan, P. R., to the judge, tribunal, or court of justice in New York, requesting the latter to order certain persons in that State to appear as defendants in an action instituted in said tribunal.

112.

PORTO RICO-Continued.

11. 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. 390.

12. Franchises-Executive Council.-As the franchises granted to the Compania de los Ferrocarriles de Puerto Rico and the Port America Company by the executive council of Porto Rico and approved by the governor thereof provide that the exemption from taxation therein granted "shall not become effective or operative until the legislative assembly of Porto Rico shall by law duly authorize such exemption," no reason exists why the President should not approve the franchises. 581.

13. Franchises-Exemption from Taxation by Executive Council.-The delegation by Congress to the executive council of Porto Rico by the thirty-second section of the act of April 12, 1900 (31 Stat., 83) of the power to grant franchises respecting the public utilities of that island did not confer upon it the other sovereign power of taxation, including the authority to exempt from taxation. 490.

14. Same. The power to grant franchises and the power to tax are different and distinct things. The power of taxing or of exempting franchises from taxation can not be regarded 'as in any sense incidental to that of granting franchises, and is by the act of April 12, 1900, delegated to the legislative assembly of Porto Rico. Ib. 15. Same.

The action of the executive council, therefore, in so far as it attempts to exempt from taxation the property of a company which it has granted a franchise, is void, and the President should not approve such a franchise. Ib.

16. National Banks.-By virtue of section 14 of the act of April 12, 1900 (31 Stat., 77), the laws of the United States relative to the organization and powers of national banks were extended to Porto Rico. 169.

17. Registration of Trade-Marks.-Porto Rico being an organized Territory of the United States, and the laws of the United States not locally inapplicable having been extended to that island, its residents are entitled to register trade-marks in the United States, as provided in the act of Congress of March 3, 1881 (21 Stat., 502). 634.

18. The relinquishment of sovereignty over and the cession of domain by Spain to the United States of the island of Porto Rico by the treaty of Paris of April 11, 1899 (30 Stat., 1754), must be regarded as immediate and absolute from the date of its signature, subject only to the possibility of a failure of ratification.

551.

19. Remission of Taxes-Orders of the Governor-General.-By the act establishing the government of Porto Rico, the orders of the

PORTO RICO-Continued.

Governor-General of August 22, September 6, and October 4, 1899, relative to the remission of taxes, were made a part of the substantive law of the island. As such they are binding upon the present administration to the same extent as they bound the military government. 167.

20. Same. The action of the governor in approving each specific remission is purely executive and administrative and in no sense legislative. Ib.

21. Same-Governor-Rules and Regulations. The governer has power to establish rules and regulations governing the submission to him of claims for remission of taxes for which his approval is sought. He may require that such applications shall be brought within a specified time and require the establishment of certain facts. Ib.

22. Rent of Post-Office Building at San Juan-Demand of the Insular Government. The Postmaster-General may properly refuse the demand of the insular government of Porto Rico for rent for the post-office building at San Juan which belonged to the Spanish Government and came into the possession of the United States with the cession of Porto Rico. 571.

23. Same-Ownership of Public Buildings, etc.-The question whether certain public buildings and structures in Porto Rico are owned by the United States or Porto Rico, and whether various public utilities and functions are to be controlled or exercised by the national or local government under the treaty with Spain and the existing laws, not decided. Ib.

24. School-houses.-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. 329.

25. Same. The President may lawfully direct that a portion of the latter appropriation be used for the purpose of erecting and equipping school-houses in that island. Ib.

26. Secretary of War-License to Construct Wharf.-Prior to the passage of the Porto Rican act of April 12, 1900 (31 Stat., 77), the Secretary of War had authority, under section 10 of the river and harbor act of March 3, 1899 (30 Stat., 1151), to issue a license for the building and maintenance of a wharf in the harbor of San Juan, P. R., and the rules imposed by section 3 of the resolution of May 1, 1900 (31 Stat., 715), upon the grant of franchises by the executive council of that island do not extend to an antecedent license granted by him. 551.

27. Same-Operative until Revoked. The power to revoke the license so granted is vested in the Secretary of War, and so long as it is

PORTO RICO-Continued.

unrevoked the rebuilding of the wharf under such license is subject to his control and supervision, and not to that of the executive council. Ib.

See also SEAMEN, 7; VESSELS, 4-5.

POSTAL SERVICE.

1. Free Registry of Official Mail-Executive Departments.-The second proviso of the third section of the act of July 5, 1884 (23 Stat., 158), which authorizes the registering without the payment of a registry fee of any official letter or packet, by either of the "Executive Departments or Bureaus thereof," embraces a department officer who, in the course of public business, is called temporarily to discharge his official duties at some place away from the seat of government; but such words do not embrace examiners, special agents, inspectors, etc., of the various departments, who are located at points outside of Washington or are traveling throughout the country. 316.

2. Liability of Surety on Bond of Dishonest Postal Clerk.-Where a postal clerk has given the bond required by section 3 of the act of June 13, 1898 (30 Stat., 440), the condition of the bond being that the principal shall faithfully discharge all duties and trusts imposed on him either by law or by the rules and regulations of the Post-Office of the United States, and shall faithfully account for and pay over to the proper official all money that shall come to his hands, the surety upon such bond is liable to the full amount thereof for the entire amount of money stolen by the clerk so bonded. 476.

3. Same-Extent of Liability. In such case the liability of the surety is fixed by the condition of the bond, and is not affected by the fact that by section 3926, Revised Statutes, as amended by the act of February 27, 1897 (29 Stat., 599), the Government limits its liability for the loss of any first-class registered letter to an amount not exceeding $10. Ib.

4. Same-Remedies of the United States Government.-The Government, as intrusted with a commodatum, so to speak, by the sender of a letter, and as parens patriæ, is justly and legally entitled to pursue its remedies against the thief, not only under the criminal law and by the administrative method of search and seizure and recovery, but through the civil tribunals as well. Ib. 5. Same-Duty of the United States Government.-The liability of the principal is the liability of the surety, and the Government occupying the field of mail transportation to the exclusion of all others, and inviting the fullest possible use of its facilities, is morally bound to recover from a dishonest official or his surety the entire amount of his embezzlement, and is equally bound in conscience, as the statute recognizes, to return to the owner of a registered letter the entire amount thus recovered. Ib. See also LOTTERY.

POSTMASTER-GENERAL.

Rent of Post-Office Building at San Juan, P. R.-Demand of the Insular Government.-The Postmaster-General may properly refuse the demand of the insular government of Porto Rico for rent for the post-office building at San Juan, which belonged to the Spanish Government and came into the possession of the United States with the cession of Porto Rico. 571.

PRACTICE.

New York-Exhorto or Letter Rogatory.-There is no law, Federal or State, which requires or authorizes any court of New York to comply with an exhorto or letter rogatory issued by the tribunal of the district of San Juan, P. R., to the judge, tribunal, or court of justice in New York, requesting the latter to order certain persons in that State to appear as defendants in an action instituted in said tribunal. 112.

PRESIDENT.

1. Amendment of Civil-Service Rules-The Furnishing of Information.It is within the power of the President so to modify the civilservice rules as to impose upon all officers and employees in the public service the duty of giving to the Civil Service Commission or its authorized representatives all proper and competent information in regard to all matters inquired of, and to subscribe to and make oath to such testimony before some officer authorized by law to administer oaths. 595.

2. Same. The imposition of such a duty upon every officer and employee in the public service is neither unreasonable nor unsuitable. It is clearly within the exercise of the Executive power and its legality can not be doubted. Ib.

3. 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.

4. Same.

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. 5. Same. 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 adjourn- . ment 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 aɛ are agreed upon by the joint action of the two Houses. Ib.