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SEAMEN-Continued.

by reason of their passage, to leave the ship and make entry

into this country. Ib. 3. Deserting Seamen-Alien Immigrants.—Aliens who become seamen

for the purpose of securing an entrance into this country free from the barriers of the immigration statutes are none the less alien immigrants, and may be deported if within the prohibited

classes. 16. 4. An "alien seamen ” 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 the country with the intention of remaining in it. Ib. 5. Seamen Born in the Philippines not Citizens of the United States.

Seamen born in the Philippine Islands, being persons whose civil and political status is, by the treaty of peace with Spain (30 Stat., 1759), declared to be a matter for future determination by Congress, are not citizens of the United States within the meaning of any statute concerning seamen, or any other

statute or law of the United States. 400. 6. Same-Cuban Seamen.—The same thing is true, in a more obvious

way, and with greater force, of Cuban seamen. Ib. 7. Porto Rican Seamen are American Seamen.-A Porto Rican engaged

in the occupation of a seaman in the American merchant marine, including that of Porto Rico, is an American seamen within the meaning of the statutes relating to relief by consuls, in view of the provisions of sections 9 and 14 of the act of April 12, 1900

(31 Stat., 79), providing a civil government for Porto Rico. 16. 8. Relief of American Seamen-Who are Entitled.-All persons shipped

in the l’nited States on an American vessel have been, according to the practice of the Government, treated as entitled to re

lief under the laws relating to seamen. Ib. 9. Same.- A place at which vessels of the l'nited States receive their

character as such, and where American shipping commissioners ship the crews of such vessels, is to be regarded as a place such that a person domiciled there and engaging in the occupation of a seaman on vessels of that character, is an American seaman within the intent of the provisions for the relief and

protection, in foreign countries, of American seamen. Ib, SECRETARY OF THE INTERIOR. 1. Collection of Cherokee Indian Tax on Hay.-Under section 16 of the

act of June 20, 1898 (30 Stat., 195), the Secretary of the Interior has authority to collect the tribal tax imposed by the laws of the Cherokee Nation of Indians upon the exportation of prairie

hay from that nation. 528. 2. Prohibition of Hunting Upon Forest Reserves. — The Secretary of the

Interior can not, without express authority of law, prescribe rules and regulations by which the national forest reserves may be made refuges for game, or by which the hunting, killing, or capture of game thereon may be forbidden. 589.

SECRETARY OF THE INTERIOR-Continued. 3. Same.-Neither the act of June 4, 1897 (30 Stat., 11, 34), nor the

act of March 3, 1899 (30 Stat., 1095), nor any other provision of

law confers upon the Secretary of the Interior this power. Ib.

See also BOARD OF CHARITIES OF THE DISTRICT OF COLUMBIA. SECRETARY OF THE NAVY. 1. Armor Plate Royalty-Harvey Process.—The Secretary of the Navy

should withhold his approval of the claim of the Carnegie Steel Company until the question of the right of the Harvey Company to collect royalty from the Government has been judicially

determined in a suit pending in the Court of Claims. 495. 2. Same.—The claim of the Bethlehem Steel Company for reimburse

ment for royalty paid, being based upon a contract similar to that of the Carnegie Company, the Secretary should likewise withhold his approval of the claim of the Bethlehem Company.

Ib. 3. Same.-See 422. 4. Determination of the Relative Rank of Naval Officers.—The Secretary

of the Navy, by virtue of his general power under the President to make rules and regulations for the government of the Navy, may determine, with the force and effect of law, the relative rank of naval officers. Usually this is better done by general rules than by decisions in particular cases, but it may

be done either way. 156. SECRETARY OF STATE.

Passports.—The provisions of sections 4075 and 4076, Revised

Statutes, which confer upon the Secretary of State the authority to issue passports to citizens of the United States, are not in terms mandatory, and that officer may, in his discretion, either grant or withhold a passport as the public interests may require.

509. SECRETARY OF THE TREASURY. 1. 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 sufficent assets to meet such expenses. 428. 2. Compromise of Claim Reduced to Judgment.-While the Secretary

of the Treasury has no authority under section 3469, Revised Statutes, to compromise a claim in favor of the United States which has been reduced to judgment, affirmed by the highest court, and which is clearly collectible, that section confers upon him the authority to compromise all other claims in favor of the United States except those arising under the postal laws. 631.

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SECRETARY OF THE TREASURY-Continued. 3. Same-Disputed Questions of Law and Fact.--The claim of the United

States against the North American Company for interest, involving disputed questions of law and fact, is clearly one subject to

compromise. 10. 4. Compromise of Collectible Judgment.—The Secretary of the Treasury

has no power, under section 3169, Revised Statutes, to compromise a final judgment in favor of the United States which is clearly collectible. That section only authorizes a compromise

of a claim which is in some way doubtful. 18. 5. Compromise of Suit for Taxes Illegally Collected. The Secretary of

the Treasury has no power to compromise a suit brought against a collector of internal revenue for the recovery of taxes claimed

to have been illegally collected. 507. 6. Same-What Suits He May Compromise.— The power given the Sec

retary by section 3229, Revised Statutes, to compromise cases arising under the internal-revenue laws, extends only to suits commenced by the Government to recover taxes; while the ampler power of compromise given him by section 3169, Revised

Statutes, is limited to claims in favor of the United States. 1h. 7. Same-What Suits the Attorney-General May Compromise.--Except

as moditied by the statutes herein cited, the power to determine whether a compromise should be made of pending litigation would seem to rest with the Attorney-General, such suits being necessarily under his control and subject to his direc

tion. 16. 8. Detention and Examination of Alien Immigrants or Seamen.- It is

within the power of the Secretary of the Treasury to detain and examine all seamen of a given vessel if, in his judgment, the execution of the immigration statutes requires it and to take such precaution as may be reasonably necessary to prevent any alien immigrant, whether he be a sailor or not, from entering

this country in the sense that all immigrants enter it. 521. 9. Forfeiture of Counterfeit Coin - Return of Bullion Therein Contained.

Section 4 of the act of February 10, 1891 (26 Stat., 742), which authorizes the Secretary of the Treasury to seize and forfeit all counterieits of the coin of the United States, does not authorize the Secretary to return to the person from whom such coin was taken the counterfeit or the value of the bullion it con

tained. 458. 10. Same.- U nder that section the Treasury Department has author

ity to seize counterfeit coin, to decide that it is counterfeit, to
determine that it was unlawfully in possession of the party
from whom taken, and to forfeit it; and, after forfeiture, to
direct in what manner it shall be disposed of. No judicial con-
demnation is necessary. Ib.
19395-VOL 23-02 -45

SECRETARY OF THE TREASURY-Continued. 11. French Spoliation Claims-Payment-Assignment. It is the duty

of the Secretary of the Treasury under the act of March 3, 1899 (30 Stat., 1191), making appropriation for the payment of certain French spoliation claims, to determine before payment whether or not these claims are “held by assignment or owned by any insurance company." That duty is not altered by reason of the receipt of certificates of the Court of Claims issued

under the authority of that act. 179. 12. Importations of Foreign Books Copyrighted in the United States. — The

Secretary of the Treasury is authorized and it is his duty, under sections 1956 and 1958, Revised Statutes, as amended by the act of March 3, 1891 (26 Stat., 1106), to refuse entry to importations of a book printed in the original French from type not set within the United States nor from plates made thereirom, where the copyright for the United States was secured by the Paris publisher and aiterwards by him assigned to an American SECRETARY OF THE TREASURY-Continued. 16. Remission of Fines.—The act of March 3, 1891 (26 Stat., 1084),

house. A dramatie composition may be a book. 353. 13. Medals of Honor --Perils of the Sea-Shipwreck.—The act of January

21, 1897 (29 Stat., 194), which was passed for the purpose of giving a more liberal construction to the acts of June 20, 1874 (18 Stat., 127), and of June 18, 1878 (20 Stat., 165), provides that the several acts heretofore passed “shall be construed so as to empower the Secretary of the Treasury to bestow such medals upon persons making signal exertion in rescuing and succoring the shipwrecked, and saving persons from drowning in the waters over which the United States has jurisdiction, whether the said persons making such exertion were or were not members of a life-saving crew, or whether or not such exertions were made in the vicinity of a life-saving station.” These acts are in pari materia, and may be read as one act.

78. 14. Same.—The act of 1897 empowers the Secretary of the Treasury to

bestow medals of honor upon all persons who, in his opinion, have endangered their lives in saving or attempting to save human life, whenever, wherever, and in whatever way it may

be imperiled by the sea. ll. 15. Refund—Duties Erroneously Collected. —Where a customs entry was

made in June, 1900, and additional duties levied and collected thereon were remitted by the Secretary of the Treasury on the ground of a manifest clerical error, but at the time of the remission such duty had been paid into the Treasury, Held, That under section 24 of the customs administrative act of June 10, 1890 (26 Stat., 140), the Secretary of the Treasury has authority to refund out of an appropriation for that purpose the additional duties which accrued by reason of a manifest clerical error upon an entry within a year from the time of their payment. The authority to refund in such case is a necessary consequence of the authority to remit. 442.

confers no authority upon the Secretary of the Treasury to remit fines imposed on a vessel or her master for allowing the escape

of alien immigrants whose deportation has been ordered. 271. 17. Same.- Neither is the power of remission in such cases conferred

by section 5294, Revised Statutes, as amended March 2, 1896

(30 Stat., 39). 1b. 18. Same-Return of Deposit. --The Secretary has authority to return a

deposit to cover a fine which might be due, but which turns out not to have been incurred. Such return would not be a remission of a fine or penalty, but the restitution of an amount

to which the Government was never justly entitled. Ib. 19. Remission of Penalty.-- 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. 20. 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. 21. Spanish War Vessels Wrecked in Battle off the Coast of Cuba.— The

Spanish vessels wrecked in battle by the naval vessels of the
United States during the war with Spain, and now lying along

the coast of Cuba, are the property of the United States. 76. 22. Same-Disposition.—That island being now temporarily within

the jurisdiction of the United States, the Secretary of the Treas-, ury, under section 3755, Revised Statutes, has power to make such provision for the sale or other disposition of such wrecked

vessels as he may deem necessary. Ib.

See also TREASURY DEPARTMENT. SECRETARY OF WAR. 1. Authority to Issue License for Construction of Wharf at San Juan, P. R.

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. 2. 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 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. 3. Court-Martial-Amendment of Record.—The Secretary of War is

without authority to correct, amend, or to take any action incon

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