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Washington (city), from seeking to influence Congress or its committees to pass a pending bill granting an additional tifteen days' leave of absence to the employees who constitute that association.

The language of the order referred to is very broad. It forbids, on pain of dismissal, all officers and employees of the United States of every description, serving in or under any of the Executive Departments, and whether so serving in or out of Washington, to solicit an increase of pay, or to influence, or attempt to influence, in their own interest, any other legislation whatever, either before Congress or its committees, or in any way, save through the heads of the Departments in or under which they serve.

The association of which you speak is made up of employees of the Government at the navy-yard and arsenal, at or near this city, serving under the Navy and War Departments, and therefore comes within the description of persons in your order, and what they desire to do is undoubtedly to intluence legislation in their own interest; that is to say, leg. islation by Congress giving them a leave of absence in addi. tion to that to which they are now entitled.

I think it is clear, therefore, that the order forbids their proposed action. In fact, the spirit of the order, so far as it prohibits the soliciting of an increase of salary, seems to extend to the solicitation of an increased leave of absence. Very respectfully,


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[See also Index to Subjects, p. xvii.]



See SENATE, 1, 3.


Cuba-Estate of Don Ramon Martí y Buguet.-Under article 44 of the alien law of Cuba, foreign consuls were authorized to be the administrators and judges in charge of the business of settling estates and succession to property of aliens dying intestate in that island. This privilege having been denied the Spanish consul by the court of Santa Clara, that court was without jurisdiction to administer the estate of Don Ramon Martí y Buguet. To oust the consul altogether and proceed without him was to proceed without jurisdiction. 93.







See SEAMEN, 7-9.





1. Act of May 25, 1900 (31 Stat., 183, 184).-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.

2. Act of March 24, 1900 (31 Stat., 51).-Revenues Collected on
Importations from Porto Rico-School-houses.-The act of April 12,
1900 (31 Stat., 77), entitled "An act temporarily to provide rev-
enues and a civil government for Porto Rico," etc., does not
repeal, either expressly or by implication, and is not inconsist-
ent with, the act of March 24, 1900 (31 Stat., 51), which appro-
priates, for the benefit and government of Porto Rico, the
revenues collected on importations therefrom prior to January
1, 1900. 329.

3. 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.



4. 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



5. 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 [Pan-American] international conference, and for incidental clerical assistance," do not contemplate 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. 533. ARBITRATION. See GENERAL ARBITRATION BOARD. ARMOR PLATE ROYALTY. See ROYALTY, 1, 2. ARMY OFFICERS.

1. Appointment-Original Vacancy.—A, a captain in a regiment of volunteer infantry authorized to be raised by the act of March 2, 1899 (30 Stat., 977), was appointed on June 14, 1901, a quartermaster in the Army, with the rank of captain, to rank as such from February 2, 1901. He accepted the appointment on June 27, 1901, and resigned on July 8 following. B, a captain of cavalry in the line of the Army was detailed in the Quartermaster's Department to fill the vacancy thus created, such detail being made under authority conferred by section 26 of the act of February 2, 1901 (31 Stat., 755). Held, That the vacancy thus created is not an original vacancy which can be filled by the appointment of a person similarly qualified, but must be filled by detail under the provisions of section 26 of the last-mentioned 574.


2. Same-Captain in the Quartermaster's Department-Confirmation of Senate not Necessary. It being the intention of Congress, as expressed in the sixteenth section of that act (31 Stat., 751), not to require confirmation of appointments in the grade of captain in the Quartermaster's Department, the appointment of Captain A was not a recess appointment, the concurrence of the Senate was not necessary, and the action of the President alone constituted a final and complete appointment. Ib.

3. Same Subsequent Vacancies must be filled by 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 particular place, and any subsequent vacancy must be filled by promotion or by detail. Ib.

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4. Constructive Muster.-The first proviso of the act of February 24, 1897 (29 Stat., 593), which provides for the constructive muster into the service of the United States of certain persons who were appointed or commissioned to be officers in the volunteer service during the rebellion, requires as a basis of favorable action that there should have existed at the date from which such person was to take rank a vacancy to which he could legally have been appointed. No provision was made for the case of a vacancy occurring after the date from which an officer was to take rank. 331.

5. Same "Vacancy."-The word "vacancy" means a legal vacancy, one "to which he could be appointed or commissioned" in accordance with the then existing law and regulations. Ib. 6. Same. The rank of an officer constructively mustered into the service under the provisions of this act does not fluctuate with the changed conditions of his command. He is such an officer de facto and de jure, without limitation of time or condition, and is to be recognized as such until he is promoted, discharged, or is disposed of in some other manner provided by law. Ib.

7. Same-Vacancy must have Existed at time of Appointment.-The second proviso requires that a vacancy in the grade to which he was appointed must have existed at the time of his appointment or commission. Ib.

8. Same Strengh of Command.-The third proviso requires that the command must not have been below its minimum strength on the date from which he was to take rank by the terms of his appointment. Ib.

9. Relative Rank.--The relative rank of officers in the military service of the United States, under section 1219, R. S., must be determined by reference to the time of muster in, and not from the time of enrollment. 406.

10. Same. The acts of May 26, 1898 (30

Stat., 420), July 7, 1898 (30 Stat., 721), and March 3, 1899 (30 Stat., 1065), did not impliedly amend section 1219, R. S., nor change the military system of the United States. Ib.

11. Same-Service-Volunteers-Reimbursement. This supplemental legislation was in the nature of a recognition of an equitable claim to reimbursement for services which were rendered after enlistment and before muster in or acceptance of their commissions, and has reference only to volunteers under the act of April 22, 1898 (30 Stat., 361). Ib.

12. Service U. S. Army Officers.-The service of officers of the United States Army who were formerly officers of State volunteer organizations called into the service of the United States under the act of April 22, 1898 (30 Stat., 361), began on the day of their enrollment and joining for service. 232.

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13. Service-The Ten Volunteer Regiments.-The service of officers of the ten volunteer regiments organized under section 1 of the act of May 11, 1898 (30 Stat., 405), began at the time each organized company reported at rendezvous for service and such officers personally appeared for duty. lb.

14. Relative Rank.-In fixing relative rank between officers of the same grade, section 1219, Revised Statutes, does not in terms require that the officer shall be a commissioned officer, but only that he has "served as a commissioned officer." Ib.

15. Service Without Formal Commission.-An officer of the Army may be such and be in the service of the United States without any formal commission from the President, and his grade and rank are those of a commissioned officer.


16. Transportation Orders Fraudulently Issued-Liability of the United States. Where blank transportation requests were delivered to an officer of the United States Army in such form as to require but the filling of the blanks and his signature to make them Government orders upon carriers for the transportation therein indicated, and where these blanks were issued fraudulently to persons not entitled to them, and railroad companies furnished transportation upon the orders, in the absence of negligence and bad faith on the part of the carriers, the United States is liable for the transportation thus furnished. ARMY TRANSPORTATION ORDERS. See ARMY OFFICERS, 16. ARTICLES OF WAR.


1. Article 58-Homicide in Cuba by Private in U. S. Army.-Article 58 of the Articles of War, which provides that "in time of war, insurrection, or rebellion * * murder [inter alia] * * *


shall be punished by the sentence of a general court-martial, when committed by persons in the military service of the United States," does not apply to the present situation of affairs with regard to Cuba. Therefore a private of the Second U. S. Artillery who committed homicide in Cuba subsequent to the treaty of peace with Spain, the victim being a teamster in the military service, should not be tried by court-martial nor by a military commission. 120.

2. Same-Article 59-Trial by Cuban Courts.-Article 59 of the Articles of War does not require that such private be delivered to the Cuban courts, but it is, nevertheless, proper to permit such courts to try him. Ib.



1. Compromise of Pending Litigation.-Except as modified by sections 3229 and 3469, Revised Statutes, 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 direction. 507.

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