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SECRETARY OF WAR-Continued.
sistent with the record of a court-mart ial duly convened upon a
proper and sufficient charge. 23. 4. Same.—This power is inherent in a court-martial; but such cor
tion or amendment can be made only when the court-martial is in session, and when at least five of the members of the court who acted upon the trial are present, and then in the presence
of the judge-advocate. Ib. 5. 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. 6. 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 Until such act is repealed it must be assumed to be the deliberate and continuing expression of the will of Congress, and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. 7. Removal of Wrecks-Obstructions to Navigation.—The acts of June
14, 1880 (21 Stat., 197), and August 2, 1882 (22 Stat., 208), which authorize the Secretary of War to remove sunken vessels or crait which obstruct the navigation of a “navigable" water of the United States, do not apply to the coastal waters of Cuba, as such waters do not become waters of the l'nited States by reason of the temporary jurisdiction of the United
States over that island. 76.
See also WAR DEPARTMENT. SENATE. See UNITED STATES SENATE. SENTENCE. See COURT-MARTIAL, 3. SERVICE OF PROCESS. See JURISDICTION, 2, 3. SOLDIERS' HOME. See BOARD OF COMMISSIONERS OF THE SOLDIERS'
HOME; CONTRACTS, 3, 7. SOUTH PASS. See CONTRACTS, 9. SPANISH CONCESSIONS. See CONCESSIONS. SPANISH TREATY CLAIMS COMMISSION. 1. Right to Call for Certified Copies of Records instead of Originals.
Section 8 of the act of March 2, 19901 (31 Stat., 879), which provides that all reports, records, or other documents now on file or of record in the Department of State, or in any other department, or certified copies thereof, relating to any claims prosecuted before the Spanish Treaty Claims Commission, shall be furnished to the Commission upon its order, vests in the head of that department a discretion to send either the original papers or certitied copies thereof, upon a request of the Commission for certified copies of such papers. 470.
SPANISH TREATY CLAIMS COMMISSION-Contined. 2. Same.—That section does not confer upon the Commission an
option to demand certified copies of such papers or records
instead of the originals. Ib, STAMP TAX. See INTERNAL REVENUE. STATE TOLL. 1. State Harbor Commissioners of California.—The State harbor com
missioners of California are charged by the laws of that State with the supervision and control of the wharves and landings of the harbor of San Francisco, with the right to collect dock
age, wharfage, rent, or toll. 299, 2. Wharfage Charges on Property of the United States. The imposi
tion of a toll or charge by such commissioners on merchandise, the property of the United States, passing to or over the wharves at San Francisco, is constitutional and valid; the charge being for a service rendered, the Government is not entitled to
such service free of toll. Ib. 3. Southern Pacific Company's Charge for State Toll.—The same rule
would apply to the charge of the Southern Pacific Company, called a “State toll,” if this charge was in fact an authorized charge for the use of any part of the State's terminal system, including the transfer railroad along the water front to the wharves.
Ib. 4. Such a Toll or Charge is Not a Tax opon or in Respect of Interstate
Traffic, nor a tax upon the instrumentalities and agencies of the General Government, within the prohibitions of the Constitution, but is a charge for the use of property and facilities fur
nished the Government by the State of California. Ib. STATUTORY CONSTRUCTION. 1. "Chinese Secretary.”—The change of name from “ Interpreter to
legation to China” to “Chinese secretary” in the appropriation act for the diplomatic and consular service, approved April 4, 1900 (31 Stat., 60), did not create a new office, but is merely a new name for the same office, and an appointment to this position by the President does not require the confirmation of
the Senate. 136. 2. Implied Repeals of Laws are not Favored.—Where the true construc
tion of later legislation is doubtful, the doubt should be resolved against any construction which revolutionizes existing systems
of administration. 406. 3. The Later Expression of the lawgivers will replace preceding law
if inconsistent or repugnant even if there is not an express re
peal. 545. 4. Lottery.- Any enterprise or scheme by which a person pays for a
chance to obtain something of much greater value, the getting or failure to get which depends upon lot or chance, is similar to a lottery in the sense in which that word is used in the statute. 200.
STATUTORY CONSTRUCTION—Continued. 5. The Meaning or Construction of a Statute is that which the legisla
ture intended, if that can be legitimately determined; and to this end not merely the provisions in question should be consulted, but also the whole act, and other acts in pari materia.
608. 6. The New Parts or the Changed Portions of an Amended Law, unless
expressly applied, should not be held to diminish or injure
vested rights under the earlier law. 371. 7. A Law Speaks from the Date of its Approval or from the future date
fixed to take effect, except so far as it is in terms retrospec
tive. Ib. 8. Statutes Highly Penal in their nature must be construed strictly,
and should not be applied to the business of a citizen unless such
business is certainly within their purview. 531. 9. Tax Laws.- The rule of construction in tax laws is that if there is
doubt as to the liability of any instrument to taxation, the con
struction is in favor of its exemption. 54. 10. A Treaty Duly Ratified is as much a part of the supreme law of the
land as a statute. 515. 11. What is Implied in a Statute is just as much a part of it as if
expressed. 445. SURETY. 1. 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. 2. 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. 16. 3. Same-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. 16. TARIFF. See CUSTOMS LAWS.
TAXES. See INTERNAL REVENCE; PORTO Rico, 19-21.
Lot 5, square 1113, Washington, D. C.-Claimant having furnished
the War Department sufficient proof that for a period of more than twenty years next before the passage of the act of March 3, 1899 (30 Stat., 1346), he was in the actual and uninterrupted possession of and had paid the taxes upon lot 5 in square 1113 in the city of Washington, is entitled, under section 2 of that act, to have the records of the War Department so corrected as to
show the title to said lot to be in him. 21. TRADE-MARKS. 1. Registration of Trade-Marks—Porto Rico.-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 islanıl, 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. 2. Same.-The Philippine Islands not being organized Territories of
the United States as contemplated by section 1981, Revised Statutes, the residents of those islands are not, as such, entitled to
the privileges of the trade-mark law. 3. Same-Cuba.—While Cuba is a foreign country and the treaties of
Spain no longer apply there, yet it is now being governed by the United States; and since the law in force there gives to citizens of the United States similar privileges to those given by our tradle-mark law, (uba may be regarded as one of the countries with which we have reciprocal arrangements, and a person located
there is entitled to register trade-marks under our law. Ib. TRANSPORTATION ORDERS. See ARMY OFFICERS, 16. TREASURY DEPARTMENT. 1. Return Certificate of Returning Chinese Laborer.— The Treasury De
partment has no authority to issue a return certificate nunc pro tune to a Chinese laborer, holding a certificate of residence under the act of May 5, 1892 (27 Stat., 25), who, prior to his leaving this country, has made application under oath for a return certificate, but who has not filed such application with the collector of customs nor received a return certificate, as required by the treaty of 1894 with China (28 Stat., 1210) and the act of September 13, 1888 (25 Stat., 478), although such person may have believed that he had done all that was incumbent upon him, and may have been misled by the action of the Government officer in atlixing to such application his certiticate of de
parture. 619. 2. Ruling --Cows are Household Effects. The Attorney-General reconi
mends that the ruling heretofore adopted by the Treasury Departır.ent that cows are not “household effects,'' be changed to hold that they are such effects. 310.
TREASURY DEPARTMENT-Continued. 3. United States Commissioners-Jurisdiction in Chinese-Exclusion
Cases.-In the hearing of cases arising under the Chinese-exclusion laws the duties of a United States commissioner are judicial rather than ministerial. Consequently the Treasury Department has no authority to issue instructions to United States commissioners as officers charged with the enforcement of these
40. See also SECRETARY OF THE TREASURY. TREASURY REGULATIONS. 1. Readmission of Chinese Laborers-Opinion-Attorney-General.—The
question of the validity of a proposed regulation of the Treasury Department providing that in case a Chinese laborer who has left the United States upon a valid return certificate is delayed beyond one year from the date of his departure by reason of sickness or other disability beyond his control, the consular representative of the United States shall certify to such facts before the Chinaman shall be aclmitted into this country, not being a question actually or presently arising in the administration of the Treasury Department, the Attorney-General declines
to express his opinion thereon. 582. 2. Same.-Should this proposed regulation be promulgated, and the
question of its validity arise in that Department, as upon an appeal under the act of August 18, 1894 (28 Stat., 390), the right and duty of the Attorney-General to reply to the question
would be untrammeled. 15. TREATIES. 1. Chinese Return Certificates of Disability-By Whom Issued.— Article
II of the convention with China of December 8, 1894 (28 Stat., 1219), abrogates that portion of section 7 of the act of September 13, 1888 (25 Stat., 476), which requires a returning Chinese laborer after an absence from the United States of more than one year and less than two, to present with his return certificate a certificate of the consular representative of the United States at the port of departure for this country, showing that the holder has been unable to return sooner by reason of sickness, etc., and provides that this certificate of disability shall be issued by the Chinese consul at the port of departure from this
country. 545. 2. Treaty of Paris, 1898-Citizenship of Spaniards in Cuba.-L'nder
Article IX of the treaty of Paris, 1898 (30 Stat., 1759), a Spaniard born in the peninsula, who died in Cuba before the expiration of one year from the ratification of that treaty, was, in contemplation of the treaty, a Spanish subject at the time of his
death. 93. 3. Same--Alien Law-Administration.- Article XI of that treaty
obliges the United States to see that Spaniards in Cuba have