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PRESIDENT-Continued. 6. Appointment of a Captain in the Quartermaster's Department-Con

firmation by Senate not Necessary.-It being the intention of Congress, as expressed in the sixteenth section of the act of February 2, 1901 (31 Stat., 751), not to require confirmation of appointments in the grade of captain in the Quartermaster's Department, the appointment of Captain A, of that Department, on June 14, 1901, was not a recess appointment, the concurrence of the Senate was not necessary, and the action of the President

alone was final and complete. 574. 7. Subsequent Vacancies—Promotion.—The only vacancy which the

President is authorized to fill under sections 16 and 26 of that act is an original vacancy. After such vacancy has been filled there is no longer an original vacancy in that, and any subsequent vacancy must be filled by promotion or by

detail. Ib. 8. Appointment of Chinese Secretary.—The President is authorized to

sign the commission of the Chinese secretary, whose appointment is authorized under the act of April 4, 1900 (31 Stat., 60), in the same manner as he does those of other interpreters who

are not confirmed by the Senate. 136. 9. Disposal of Mining Rights in Cuba.— The President, by virtue of

his constitutional authority as Commander in Chief of the Army and Navy, has adequate power to use and make disposition of property in Cuba formerly belonging to the Crown of Spain or subject to the imperial prerogative, and this includes the right to dispose of mining or other property formerly belonging to

the Spanish Crown. 222. 10. Same.-If he desires to do so, the President can authorize the

military governor of Cuba to make grants of mining rights, but whether such power should be exercisel is a question involving PRESIDENT-Continued. 13. Porto Rican Customs Revenues—Expenditures. The act of March

important and delicate considerations. Il. 11. Nomination for Advancement-Naval Officers.—The President has

power to nominate for advancement, and to submit such nomination to the Senate for confirmation, temporary officers of the Navy recommended by the Sicard Board for advancement for especially meritorious services, although at the time of such nomination such officers may have been honorably discharged from the naval service. Such nomination is in effect, if approver

by the Senate, a nunc pro tunc advancement of the officer. 413. 12. Order Forbidding Government Employees to Influence Legislation in

their Own Interests.—The order of the President of January 31, 1902, forbidding all officers and employees of the United States to influence legislation by Congress in their own interests hibits “The Navy-Yarıl and Arsenal Employees' Protective Association," of Washington, from seeking to influence ('ongress or its committees to pass a pending bill granting an additional fifteen days' leave of absence to the employees who constitute that association. 637.

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 “adminis

trative authorities” instead of the “executive council.” 450. 14. The President's Right to Call for an Opinion from the Attorney

General is not limited to questions of law. Article II, section 2, clause 1, of the Constitution provides that he “may require the opinion of the principal officer of each of the Executive Departments upon any subject relating to the duties of their respective

offices." 360. 15. Remission of Forfeiture-Prize of War-His Jurisdiction.—The Pres.

ident has authority to grant remission of forfeiture in cases of prizes of war aiter the vessels have been condemned, but before the prize money has been deposited in the Treasury of the United States. Hlis jurisdiction in these matters rests upon his pardoning power, as defined in section 2, Article II, of the Con

stitution. 360. 16. Same.-Congress can not abridge, modify, or condition the exer

cise of this power. It is coextensive with the punishing power and extends to cases of penalties and forfeitures, with a limitation that a fine or penalty may not be remitted if the money

has been paid into the Treasury. Ib. 17. Restoration of Mount Vernon Relics to Rightful Owner.— The Gov

ernment having taken possession of the Mount Vernon Relies (so called) solely for their sate-keeping, and never having acquired title to them, the President has the power to return them to their rightful owner. Their restoration now is quite as much within the scope of Executive authority as has been

their preservation. 437. 18. School-houses-Porto Rico-Act of March 24, 1900 (31 Stat., 51).

The President may lawfully direct that a portion of the revenues collected on importations from Porto Rico prior to January 1, 1900, be nised for the purposes of erecting and equipping schoolhouses in that island. The act of March 21, 1900 (31 Stat., 51), appropriates these revenues for the benefit and government of

Porto Rico. 329. PRIZE.

The Reversal of the Decree of Condemnation operates only upon the

fund produced by the sale of a vessel, and does not disturb the

title and rights of the purchasers. 29.


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PUBLIC BUILDINGS. See Porto Rico, 22, 23. PUBLIC LANDS. 1. Military Road-Withdrawal from Sale.—The appropriation by Con

gress of land for a military road and the building of such road thereon just as effectually withdraws and excludes such land

from sale as if it had been done in express terms. 283. 2. Same-Effect of Patents for Lands Through Which Such Road Passes.

The fact that patents have since been issued for lands through which such road passes, without any reservation of the lands included within the road, does not operate as a vacation of the portion of the road within the patented lands, nor give to such owner a right to obstruct, interfere with, or change the location

of the road. Ib. 3. Same-Authority to Abandon, Vacate, or Alienate the Road.-Con

gress having set apart a portion of the public domain for a mil. itary road, and having constructed thereon such road, it is not within the power of any other department of the Government to abandon, vacate, or alienate the road, or the land on which it is constructed, and a patent issued for such lands would to

that extent be inoperative and void. Ib. 4. Same-Not Subject to State or Private Control.Such a road, though

within a State, is not subject to either State, municipal, or

private control or interference in any way. Ib. RANGE FINDERS. See Porto Rico, 11. REFUND OF DUTIES. See Customs Laws, 6, 7, 23. REGISTERED MAIL. 1. Free Registry of Official Mail--Executive Departments. The second

proviso of the third section of the act of July 5, 188+ (23 Stat., 158), which authorizes the registering without the payment of a registry fee of any official letter or package, by either of the “Executive Departments or Bureaus thereof,” embraces a department officer who in the course of public business is callel 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. Same.—The opinion of Attorney-General Devens, of May 16, 1877

(15 Opin., 262), commented on; and the opinion of Acting Attorney-General Phillips, of August 2, 1884 (18 Opin., 19). REGISTRY OF VESSELS—Continued. 2. Same.—The reversal of the decree operates only upon the fund

affirmed. Ib. REGISTRATION OF TRADE-MARKS. See TRADE-VARKS. REGISTRY OF VESSELS. 1. Condemned Prize-Reversal of Decree.—The Buena l'entura.-länder

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 Cnited States. 29.

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

and rights of the purchasers. 16. 3. Vessel Carrying an Hawaiian Registry Owned by a Naturalized China

man.- A Chinese citizen of the United States residing in Hawaii 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. REINSTATEMENT. See Civil SERVICE, 3, 4, 5. RELATIVE RANK. See ARMY OFFICERS, 9, 10, 14, 15; NAVAL OFFi



I'RY, 19.

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12-16. RIVERS AND HARBORS. 1. Secretary of War-Power to Suspend Harbor Improvements. The

Secretary of War has discretionary authority, under the act of June 3, 1896 (29 Stat., 213), and subsequent acts, making appropriations for the construction of a tidal canal in Oakland Harbor, California, to suspend the work on such improvement when the suspension will best inure to its ultimate completion; but he would not be justified in suspending the work if the only purpose was to delay its completion with the intention of

abandoning it. 504. 2. Same-Suspension because of Doubtful Expediency.-A mere doubt as

to the wisdom of carrying out a public work authorized by Congress does not justify its suspension and a refusal to complete it. Until such act is repealed it must be assumed to be the deliberate and continuing expression of the will of Congress, and

respected as such. Ib.

See also ContRACTS, 9-11. ROYALTY. 1. Armor Plate-Harvey Process—Carnegie Steel Company.—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.—The Secretary of the Navy entered into a contract with the

Carnegie Steel Company for the furnishing of armor plate, the contract providing that if the Carnegie Company should be "required” to pay royalty for the use of the Harvey face-hardening process in the manufacture of armor plate under its contract, the United States would reimburse it for the amount so paid. The Carnegie Company, by reason of its contract with the Harvey Company, was estopped from denying the validity of the Harvey patent. It used, as it is claimed, the Harvey process in the manufacture of the armor plate, and, having paid the royalty thereon, presents its claim for reimbursement. The Government denies the validity of the Harvey patent and contends that no distinctive feature of the Harvey patent was used. A suit is pending in the Court of Claims which will determine these questions. Held, (1) That if the Harvey patent be valid it may properly be urged that the Carnegie Company, being estopped from denying the validity of the patent, was therefore “required to pay the royalty; (2) that the Secretary of the Navy should withhold his approval of the claim until the ques. tion of the right of the Harvey Company to collect royalty from the Government has been judicially determined in the pending suit; (3) the claim of the Bethlehem Steel Company for reimbursement for royalty paid, being based upon a contract similar to that of the Carnegie Company, the Secretary should likewise with hold his approval of the claim of the Bethlehem Company.

495. SALE.

Materials, Supplies, and Equipments of the Isthmian Canal Com

mission.—The president of the Isthmian Canal Commission has authority, upon the completion of investigations by that body, under the direction or with the approval of the President, to sell, in such manner as will produce the best results, various materials, supplies, and equipments purchased and used by the Commission which can not profitably be brought to the United States.

163. SEAMEN. 1. Immigration Laws.—Bona fide seamen have always been exceptel

from the operation of our immigration laws, although not excepted therefrom by express language; their inclusion in the class of alien immigrants can fairly be regarded as beyond the

intention of Congress. 521. 2. Same.—Only such seamen are excepted from the class of pas

sengers upon whom the head-money tax is imposed by the act of August 3, 1882 (22 Stat., 214), and from the class of alien immigrants, as are seamen in good faith and have no intention,

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