After the passage of these acts the State issued grants covering all the lands within the Cherokee country and upon them the title to the property of the people of several populous counties depends. (Gillespie v. Cunningham, 2 Humph. (Tenn.) 21; Blair v. Pathkiller, 2 Yerg. (Tenn.) 407; Henegar v. Seymour, 93 Tenn. 253, 254; Bealmear v. Hutchins, 148 Fed. 545, 548.) I am therefore of opinion that the State of Tennessee was empowered to make the grants in question and that a valid title may be deraigned therefrom. Respectfully, J. C. McREYNOLDS. TO THE SECRETARY OF AGRICULTURE. OPINIONS OF HON. THOMAS WATT GREGORY, OF TEXAS. APPOINTED AUGUST 29, 1914. CENSORSHIP OF RADIO STATIONS. The President has authority to maintain a Government censorship in radio stations, and may, through the Secretary of the Navy or any other appropriate department, close down, or take charge of and operate, such plants, should he deem it necessary in securing obedience to his proclamation of neutrality of August 5, 1914. DEPARTMENT OF JUSTICE, September 16, 1914. SIR: I have the honor to acknowledge receipt of your letter of September 12, 1914, inclosing copy of certain correspondence with the Navy Department and of a letter dated September 9, 1914, addressed to the Secretary of the Navy by John W. Griggs, as president of the Marconi Wireless Telegraph Co. of America. I have also received from the Navy Department a letter from Mr. Griggs dated August 19, 1914. I have given the above my careful consideration. On August 5, 1914, the President issued an Executive order prohibiting all radio stations within the jurisdiction of the United States "from transmitting or receiving for delivery messages of an unneutral nature and from in any way rendering to any one of the belligerents any unneutral service during the continuance of hostilities." The President directed the Secretary of the Navy to enforce this order, delegating to him the requisite authority. For its adequate enforcement it was deemed necessary that to some degree a Government censorship should be established in radio stations, and instructions to that end were issued by the Secretary of the Navy. 291 Apparently, this censorship was acquiesced in by the Wireless Co. as a fair solution of the problem involved. The Marconi Wireless Telegraph Co. of America now complains of the administration of the censorship; questions the right of the Secretary of the Navy to institute it; and invites argument as to the legality of the right asserted. The President of the United States is at the head of one of the three great coordinate departments of the Government. He is Commander in Chief of the Army and the Navy. In the preservation of the safety and integrity of the United States and the protection of its responsibilities and obligations as a sovereignty, his powers are broad. In the words of Mr. Justice Miller in In re Neagle (1890), 135 U. S. 64, his power includes the enforcement of" the rights, duties, and obligations growing out of the Constitution. itself, our international relations, and all the protection implied by the nature of the Government under the Constitution." If the President is of the opinion that the relations of this country with foreign nations are, or are likely to be, endangered by actions deemed by him inconsistent with a due neutrality, it is his right and duty to protect such relations; and in doing so, in the absence of any statutory restriction, he may act through such executive officer or department as appears best adapted to effectuate the desired end. The act of such executive officer or department in such case is the act of the President; a denial of the officer's authority is a denial of the President's power. The powers above outlined are not novel; they have been exercised in numerous emergencies by Presidents of the United States; and, whenever their exercise has been attacked in legal proceedings, their validity has, with hardly an exception, been upheld by the courts. Such powers intrusted to the President are of a fundamental nature, exerted to maintain or preserve the security of the Nation, and subject to that high responsibility to which the Executive is held by the American people; they are not likely to be abused, and not without the gravest reasons are the courts likely to withhold their sanction. The act of August 13, 1912 (37 Stat. 302), known as the radio act, provides additional authority for the use or control of any radio station by any department of the Government in time of war, or public peril or disaster. It is unnecessary to comment on the perils of the present international situation, and it is easy to see that an agency such as the wireless stations along our coast is capable of creating international complications of the gravest character. Their use is novel; their possibilities are extraordinary; and the ease with which belligerents can be instantly notified of the movement of vessels and given other important information is perfectly apparent. The system of censorship heretofore adopted seems reasonable and a fair solution of a critical situation. It interfers but slightly with the operation of the plant, and the Marconi Co. should cheerfully bear with this inconvenience in recognition of its own interest in the general welfare. In case it becomes inadvisable for any reason to continue the censorship, I do not hesitate, in view of the extraordinary conditions existing, to advise that the President, through the Secretary of the Navy or any other appropriate department, close down, or take charge of and operate, the plant in question, should he deem it necessary in securing obedience to his proclamation of neutrality. Respectfully, TO THE SECRETARY OF State. T. W. GREGORY. ANNUAL REPORT OF THE COMMISSIONER OF EDUCATION— FURNISHING COPY TO PUBLIC PRINTER. The annual report of the Commissioner of Education required by section 518 of the Revised Statutes is not within the operation of section 7 of the sundry civil appropriation act of August 1, 1914 (38 Stat. 680), which limits the time within which heads of executive departments or other branches of the public service shall furnish copies of their annual reports and accompanying documents to the Public Printer. DEPARTMENT OF JUSTICE, SIR: I have the honor to acknowledge your letter of the 28th ultimo, wherein you request my opinion as to whether the annual report required by section 518, Revised Statutes, to be furnished Congress by the Commissioner of Education is within the operation of section 9 of the act of Congress of August 1, 1914 (38 Stat. 680), (making appropriations for the sundry civil expenses, etc.), reading: "SEC. 9. Appropriations herein for printing and binding shall not be used for any annual report or the accompanying documents unless the head of each executive department, or other branch of the public service, or the Commissioners of the District of Columbia making such a report shall furnish copy to the Public Printer in the following manner: Copies of the documents accompanying such annual reports on or before the fifteenth day of October of each year; copies of the annual reports on or before the fifteenth day of November of each year; and complete revised proofs of the accompanying documents and the annual reports on the tenth and twentieth days of November of each year, respectively. The provisions of this section shall not apply to the annual reports of the Smithsonian Institution." You quoted the above section incorrectly. It is correctly quoted here. 66 I am of the opinion that it is not, and for these reasons: 1. The words "the head of each" modify not only executive department" but also "other branch of the public service." So paraphrased, the clause to be interpreted would read: unless the head of each executive department, or the head of each other branch of the public service, *" etc. * The Bureau of Education to which the commissioner belongs is itself a part of, or within an executive department, viz, the Department of the Interior. (Sec. 516, Rev. Stats.). The Secretary is the head of every bureau in his department. The force of the section being limited to the heads only, his report only, and not that of a subordinate bureau, is reached by the section. 2. The word "other" in the clause is used in the sense of "different from those which have been specified," i. e., |