Imágenes de páginas
PDF
EPUB

5. Semble, if the provisions of law which tion, without the previous order of the Postrequire certain contracts to be advertised are master-General, of those notices of mail-let disregarded, that the contracts, while they re- tings which the law required him to publish main executory and without commencement of in those papers; but they must show a previperformance, are subject to be rescinded. Opin- ous order for the publication of such notices as ion of March 24, 1854, 6 Op. 406.

the Postmaster-General was only authorized to 6. The provisions of the act of February 26, publish in those papers before they can claim 1853, chap. 80, regulating the fees of clerks of payment therefor. Opinion of March 3, 1869, the courts of the United States and other offi- | 12 Op. 559. cers, which provides, among other things, a price 13. The proviso in the act of March 3, 1875, for publishing any statute, notice, or order re- chap. 128, making appropriations for the servquired by law, or by the lawful order of any ice of the Post-Office Department, was incourt, Department, Bureau, or other person, intended to relieve the heads of all the Execuany newspaper, applies only to such a publi tive Departments from the requirements of seccation in the case of judicial proceedings, and tion 3826 of the Revised Statues, respecting the not to the publication of laws and treaties by publication of advertisements, notices, and prothe Secretary of State. Opinion of June 3, posals for Virginia, Maryland, and the District 1854, 6 Op. 502.

of Columbia, as well as to provide specifically 7. The act of March 3, 1845, chap. 77, re respecting the publication of mail-lettings by quires the advertising of the Executive Depart- the Postmaster-General for the States and Disments to be given to the two newspapers trict above mentioned. Opinion of May 6, 1875, printed in the city of Washington which have | 14 Op. 577. the largest permanent subscription, and per- 14. It is, accordingly, left discretionary with mits the President to select a third. Opinion each head of Department whether he will of July 21, 1857, 9 Op. 54.

make the publication referred to in that sec8. Where a daily, weekly, and tri-weekly tion in one or more papers of the District of newspaper are printed and published in the Columbia. Ibid. same office, by the same person, and under the 15. In October, 1875, the Postmaster-Gensame name, they are not different papers, but eral requested the publisher of a newspaper in different editions of the same paper. Ibid. Alabama to insert therein an advertisement of

9. The advertising should be given to those proposals for carrying the mail in that State, papers which have the largest permanent sub provided he would do it for a sum not exceeding scription to all their issues. Ibid.

$688.12. The advertisement was duly inserted, 10. The proprietor of the Constitution news and the publisher claims therefor $1,992, the paper is not entitled to be paid for any execu- latter amount being agreeably to the rate tive advertisement printed in his paper after fixed by the Clerk of the House of Representanotice of the order of the Secretary of State of tives under section 3823 Rev. Stat.: Held that January 10, 1860. Opinion of Jan. 12, 1860, 9 section 3941 Rev. Stat., and not section 3823 Op. 2.

Rev. Stat., furnishes the law applicable to this 11. A resolution of the Senate requesting the case; that under the former of these sections Secretary of War to advertise certain hospital the Postmaster-General had power to select the notices has not the force of law. But if the medium of advertising the proposals and to request is complied with by the Secretary, the limit by agreement the compensation therefor; advertisements should be published in accord and that the publisher is bound the same as he ance with the twelfth section of the act of would be in an ordinary case of compliance March 3, 1845, chap. 77. Opinion of May 23, with a request conditioned like the above. 1862, 10 Op. 263.

Opinion of Jan. 13, 1876, 15 Op. 527. 12. The proprietors of certain newspapers in 16. The joint effect of sections 853 and 3826 the District of Columbia are entitled (under sec- Rev. Stat., as regards Government advertisetion 10 of the act of March 2, 1867, chap. 167, ments in newspapers published in the District and sections 2 and 4 of the act of July 20, of Columbia, was to allow the compensation 1868, chap. 176) to payment for the publica- fixed by section 853, unless (under section 3826)

that be more than is paid by private individ

AGENT. uals for like services. But section 1 of the act

See also CLAIM AGENT; INDIAN AGENTS AND of 1875, chap. 128, repeals section 3826 for

L AGENCIES; NAVY AGENT; PENSION AGENevery purpose connected with claims for such

CIES AND AGENTS; POWER OF ATTORNEY. services. Opinion of Aug. 14, 1876, 15 Op. 594..

17. Sections 853 and 854 Rev. Stat. (though 1. An ordinary letter from R. M. H. to J. modified by a proviso in the act of March 3, H. E.. authorizing the latter to transact cer1875, chap. 123, with respect to the advertise- tain business for the former, does not empower ment of certain mail-lettings) are still in force, him to execute, in the name of the former, a without modification, with respect to adver | power of attorney, assignment, or other intising of the Treasury Department. Opinion strument under seal. Opinion of Aug. 11, of august 14, 1876 (15 Op. 594), reaffirmed. | 1853, 6 Op. 79. Opinion of May 21, 1877, 15 Op. 282.

2. The conclusions of law in a previous opin18. Section 5 of the act of July 12, 1876, ion in the case of the late Navy Agent E. 0. chap. 180, providing for the publication of Perrin (see opinion of Feb. 27, 1854, 6 Op. lists of property in arrears for taxes, does not 314) reaffirmed. Opinion of May 22, 1854, 8 authorize the Commissioners of the District Op. 450. of Columbia, in determining the “lowest bid-1 3. When a commissioned officer or other der" for making such publication, to have re- agent of the United States makes a contract gard to the circulation of each newspaper bid with any person for their use and benefit, and ding. It is sufficient if the paper is a bona with due authority of law, such officer or other fide newspaper, and there is nothing as to the public agent is not responsible to the party, amount of publicity which the notice may whose only remedy is against the Government. receive that will defeat the purpose of the leg. Opinion of April 10, 1855, 7 Op. 88. islature in requiring the advertisement. Opin- 4. But, in making contracts with any one ion of June 27, 1877, 15 Op. 324.

claiming to act for the Government, it is the 19. The advertisement of the list of prop- duty of the party contracting to inquire as to erty in arrears for taxes, under section 5 of the the authority of such agent or officer; without act of July 12, 1876, chap. 180, would not be which it is doubtful whether the contract affects in conformity to the laws in force in the Dis- the Government. Ibid. trict of Columbia if made in a newspaper pub- 5. If a public officer, however, make a lished on Sunday. The provisions of that act Government contract without authority, and must be construed in connection with the other which therefore does not bind the Government, statute law of the District, and they are not such officer is himself personally responsible to be taken to repeal any part of the latter to the contracting parties. Ibid. unless where necessarily repugnant thereto. 6. But a public officer or other agent, though Opinion of June 30, 1877, 15 Op. 327.

contracting for the Government, may, if he see 20. Opinions of August 14, 1876, and May tit, make himself the responsible party, either 21, 1877 (15 Op. 282, 594), upon the scope and exclusively or in addition to the Government. effect of sections 853 and 854 Rev. Stat., in re- Ibid. gard to departmental advertising, reconsidered 7. Heads of Departments or of Bureaus, and and reaffirmed. Opinion of July 7, 1877, 15 other certifying officers of the Government, canOp. 633.

not certify by delegation, unless when specially 21. The provisions of section 3828 Rev. Stat., / authorized so to do by act of Congress. Opinforbidding the publication of advertisements ion of Nov. 9, 1855, 7 Op. 594. “for any Executive Department of the Govo! 8. A claimant of money payable from the ernment, or for any Bureau thereof, or for any Treasury has the right to choose his own agents office therewith connected,” except “under and attorneys for collection, and to change written authority from the head of such De- them at pleasure. Opinion of Dec. 21, 1863, partment," extend to offices connected as 11 Op. 7. aforesaid, no matter where located. Opinion 9. In the absence of special contract, fees or of Dec. 16, 1878, 16 Op. 616.

compensation payable by a claimant to his at

torney constitute a general charge against the

ALASKA. client, but not a specific lien on the subject- 1. The provisions of the act of July 1, 1870, matter of the claim. Ibid.

chap. 189, to prevent the extermination of fur10. The conflicting equities between a claim- bearing animals in Alaska, considered and conant and his attorneys should be left by the strued with reference to the authority and duty Executive Departments to be settled before of the Secretary of the Treasury touching the the courts. Ibid.

time and mode of executing the same, so far as they relate to the granting of a lease of the right to engage in the business of taking fur-seals on

the islands of Saint Pauland Saint George, and AGENT OF THE TREASURY.

the parties to whom such lease may be granted See also SOLICITOR OF THE TREASURY. by him. Opinion of July 6, 1870, 13 Op. 274.

2. Proposals for a lease of the exclusive right The act of May 15, 1820, chap. 107, makes to take fur-seals upon certain islands off the it the duty of the agent of the Treasury, ap- coast of Alaska, agreeably to the provisions of pointed thereunder, to instruct district attor

the act of July 1, 1870, chap. 189, having been neys when, against whom, and for what amount

solicited by the Secretary of the Treasury, a to institute suits; when to press the collection

party, besides other considerations, offered to and when to indulge; when, and under what

pay a stated amount on each skin in addition circumstances of additional security, to renew

to the revenue tax specified in that act, and also the debts; what substitution, what commuta

a stated amount for each gallon of oil obtained tions, what partial payments, what compro- from the seals: Held that those parts of the bid mises to accept; when to acquiesce in the de

are in conformity to the statute, and would be cisions of the courts below, and when to ap- | binding if incorporated in the lease. Opinion peal; always leaving to the learning of the law

of July 29, 1870, 13 Op. 293. officer (district attorney) the direction of all

3. The buildings in Alaska, consisting of measures merely technical and professional.

warehouses, store-houses, blacksmith-shops, Opinion of April 11, 1823, 1 Op. 612, 613.

cooper-shops, fish-houses, dwelling-houses, &c., purchased by Hutchinson, Kohl & Co. from the

Russian-American Company in March, 1868, AGRICULTURAL FUND.

were not included in the cession made by

Russia to the United States in the treaty of 1. All the existing legislation appropriating March 30, 1867, and did not become the propmoney for the collection of agricultural statis- erty of the latter under that treaty. Opinion tics evinces an intention on the part of Con- of Sept. 27, 1873, 14 Op. 303. gress that the money appropriated for that ob- | | 4. But the Russian-American Company never ject should be expended and accounted for by had anything more than the use of the land on the Commissioner of Patents. Opinion of Oct. which its buildings stood—the dominium, or 17, 1861, 10 Op. 147.

right of property therein, ever remaining in 2. The Secretary of the Interior has no power the Government of Russia; and by the sixth to defeat that intention by transferring to an article of the treaty the right of possession, use, other officer the expenditure and administra- and all other privileges which that company tion of those appropriations. Ibid.

then enjoyed in the soil were in effect extin3. Since the act of May 15, 1862, chap. 72, guished; so that the United States acquired the Commissioner of Patents is not authorized under the said cession the absolute proprietorto use the unexpended portion of the appro- | ship of all the lands on which the establishpriation for agricultural purposes of the pre- ments of that company were located, and as a ceding year to pay the debts of that year consequence the latter could occupy such lands chargeable on that fund. Opinion of Sept. 18, thereafter only by the sufferance of the Govern1862, 10 Op. 344.

ment of the United States. Ibid. 4. It is the duty of the Commissioner of Ag- 5. Hence, although the ownership of the riculture to take charge of that fund, and see buildings referred to may be in Hutchinson, to the payment of claims against it. Ibid. | Kohl & Co., under their purchase from the Russian-American Company, they acquired no every foreigner, not a public minister, who interest whatever in the soil by the purchase comes within the jurisdiction of our courts. If of such buildings; they are simply occupants he has a defense under the treaty of peace he of the public domain, without right or title, must plead it in the usual course of judicial and at the sufferance of the Government. Ibid. proceedings. Opinion of July 26, 1794, 10p. 49.

6. By the act of March 3, 1873, chap. 227, 3. A person acting under a commission from the introduction of spirituous liquors or wine the sovereign of a foreign nation is not amenainto the Territory of Alaska, unless authorized ble to the United States courts for what he does by the War Department, is absolutely prohib- in pursuance of his commission. But where ited. Opinion of Nov. 13, 1873, 14 Op. 327. there may be a legal trial the President will

7. By virtue of the acts of February 13, 1862, not interfere with the action against him. Opinchap. 24; March 15, 1864, chap. 33; and March ion of Dec. 29, 1797, 1 Op. 81. 3, 1873, chap. 227, the War Department is 4. The courts of the United States in every clothed with a discretionary authority over the State are at all times open to the subjects of a introduction of spirituous liquors or wines into foreign power in friendly relations with them; the Territory of Alaska, and may permit such and they are entitled to claim the benefit of articles to be taken there, whether they are or every legal remedy in as ample a manner as are not intended for the use of officers or could be enforced by citizens of the United troops in the service of the United States. States. More especially will such remedies be Opinion of June 3, 1874, 14 Op. 401.

extended in a case of fraud. Opinion of Oct. 1, 8. The first of these acts, though in form an. 1816, 1 Op. 192. amendment, is really a substitute for the whole 5. An alien can inherit, carry away, and of section 20 of the act of June 30, 1834, chap. alienate personal property without being liable 161, and nothing of said section not contained to any jus detractus, but not real estate. Opinin that act is left in force. Ibid.

ion of July 30, 1819, 1 Op. 275. 9. The President has no authority, by virtue 6. Jaques Porlier, who settled in the Michof section 2132 Rev. Stat., to prohibit the in- igan Territory prior to the execution and ratitroduction of molasses into the Territory of fication of Jay's treaty, is not a citizen of the Alaska (the article being used there for manu- United States. Opinion of Sept. 3, 1819, 5 Op. facturing distilled spirits for sale among the | 716. natives) when in his judgment the public in- 7. It is the duty of the Executive, to whom terest seems to require that he should do so. the care of our foreign relations is committed, In this matter that Territory cannot be consid- to take all lawful measures for the protection ered as a country belonging to an Indian tribe. of alien subjects of a state with whom the Opinion of Sept. 24, 1878, 16 Op. 141.

United States are at peace, who shall have placed themselves under the safeguard of our laws. Opinion of July 5, 1837, 3 Op. 254.

8. But where aliens shall have suffered vioALIENS.

lence from citizens of the United States, they

can be protected only by the redress to be afSee also PUBLIC LANDS, IV.

forded in the courts and the special interposition 1. The late governor of Guadaloupe, who had of the legislature. Ibid. caused a vessel to be seized and condemned by 9. The State courts only have jurisdiction of authority assumed as such officer, being prose the criminal offense in such cases; the circuit cuted in the court of Pennsylvania whilst here court of the United States of civil actions where as a prisoner of war to the British forces on the offenders are citizens. Ibid. parole, is not more exempt than any other for- 10. Aliens only, in the proper acceptation of eigner (not a public minister) from suit and the term, are excluded from the privileges of arrest. Opinion of June 16, 1794, 1 Op. 45. pre-emptioners. Opinion of March 15, 1843, 4

2. The Government will not interfere with a Op. 147. private action against a foreigner for receiving 11. An alien can be enlisted in the naval or a negro on board his ship. Such defendant is, | Marine Corps service of the United States, and as to his liability to suit, on a footing with | is bound the same as citizens to serve for the torney constitute a general charge against the

ALASKA. client, but not a specific lien on the subject- 1. The provisions of the act of July 1, 1870, matter of the claim. Ibid.

chap. 189, to prevent the extermination of fur10. The conflicting equities between a claim- bearing animals in Alaska, considered and conant and his attorneys should be left by the strued with reference to the authority and duty Executive Departments to be settled before of the Secretary of the Treasury touching the the courts. Ibid.

time and mode of executing the same, so far as they relate to the granting of a lease of the right to engage in the business of taking fur-seals on

the islands of Saint Pauland Saint George, and AGENT OF THE TREASURY.

the parties to whom such lease may be granted See also SOLICITOR OF THE TREASURY. | by him. Opinion of July 6, 1870, 13 Op. 274.

2. Proposals for a lease of the exclusive right The act of May 15, 1820, chap. 107, makes to take fur-seals upon certain islands off the it the duty of the agent of the Treasury, ap- coast of Alaska, agreeably to the provisions of pointed thereunder, to instruct district attor

the act of July 1, 1870, chap. 189, having been neys when, against whom, and for what amount

solicited by the Secretary of the Treasury, a to institute suits; when to press the collection

party, besides other considerations, offered to and when to indulge; when, and under what

pay a stated amount on each skin in addition circumstances of additional security, to renew

to the revenue tax specified in that act, and also the debts; what substitution, what commuta

a stated amount for each gallon of oil obtained tions, what partial payments, what compro- | from the seals: Held that those parts of the bid mises to accept; when to acquiesce in the de

are in conformity to the statute, and would be cisions of the courts below, and when to ap- binding if incorporated in the lease. Opinion peal; always leaving to the learning of the law of July 29, 1870, 13 Op. 293. officer (district attorney) the direction of all | 3. The buildings in Alaska, consisting of measures merely technical and professional.

warehouses, store-houses, blacksmith-shops, Opinion of April 11, 1823, 1 Op. 612, 613.

cooper-shops, fish-houses, dwelling-houses, &c., purchased by Hutchinson, Kohl & Co. from the

Russian-American Company in March, 1868, AGRICULTURAL FUND.

were not included in the cession made by

Russia to the United States in the treaty of 1. All the existing legislation appropriating March 30, 1867, and did not become the propmoney for the collection of agricultural statis- erty of the latter under that treaty. Opinion tics evinces an intention on the part of Con- of Sept. 27, 1873, 14 Op. 303. gress that the money appropriated for that ob- 4. But the Russian-American Company never ject should be expended and accounted for by had anything more than the use of the land on the Commissioner of Patents. Opinion of Oct. which its buildings stood—the dominium, or 17, 1861, 10 Op. 147.

| right of property therein, ever remaining in 2. The Secretary of the Interior has no power the Government of Russia; and by the sixth to defeat that intention by transferring to an- article of the treaty the right of possession, use, other officer the expenditure and administra- and all other privileges which that company tion of those appropriations. Ibid.

then enjoyed in the soil were in effect extin3. Since the act of May 15, 1862, chap. 72, guished; so that the United States acquired the Commissioner of Patents is not authorized un'ler the said cession the absolute proprietorto use the unexpended portion of the appro- ship of all the lands on which the establishpriation for agricultural purposes of the pre- ments of that company were located, and as a ceding year to pay the debts of that year consequence the latter could occupy such lands chargeable on that fund. Opinion of Sept. 18, thereafter only by the sufferance of the Govern1862, 10 Op. 344.

ment of the United States. Ibid. 4. It is the duty of the Commissioner of Ag- 5. Hence, although the ownership of the riculture to take charge of that fund, and see buildings referred to may be in Hutchinson, to the payment of claims against it. Ibid. Kohl & Co., under their purchase from the

« AnteriorContinuar »