1. The appointing power in the Northwestern Territory is expressly given to the governor in cases in which it is not otherwise directed; and positive provisions are not abridged by implication. Opinion of Feb. 2, 1802, 1 Op. 103.

2. It has been the practice of the President to appoint three judges provided for in the ordinance, having common law jurisdiction, from an implied power; yet, as the implication does not extend beyond the three, the governor is justified in his appointment of all other judges and officers. Ibid.

3. The officers of the Territory of Michigan are clothed with the same powers as those of the Territory of Indiana. The term "officers" includes the governor, judges, and secretary. Opinion of March 18, 1806, 5 Op. 696.

4. Brigadier-generals of militia of a Territory may be appointed by the President. Opinion of April 12, 1810, 1 Op. 165.

5. The salaries of the governor and judges of Arkansas Territory, appointed under the act of March 2, 1819, chap. 49, can only commence from the 4th of July, 1819, although their commissions bear date prior thereto, as the Territory was not constituted till then. Opinion of Sept. 28, 1819, 1 Op. 310.

6. The act of 3d March, 1823, chap. 36, was a permanent and general amendment of the pre-existing judiciary system of the Territory of Michigan, affecting not only the judges then in office, but all who should thereafter come into office in that Territory. Opinion of Sept. 21, 1824, 1 Op. 696.

sion from Congress, pass laws authorizing the formation of constitutions and State governments. Opinion of Sept. 21, 1835, 2 Op. 727. 8. And all measures commenced and prosecuted with a design to subvert the Territorial government, and to establish and put in force in its place a new government without the consent of Congress, will be unlawful. Ibid.

9. But the people of any Territory may peaceably meet in primary assemblies, or in conventions chosen by such assemblies, for the purpose of petitioning Congress to abrogate the Territorial government, and to admit them into the Union as an independent State; and if they accompany their petition with a constitution framed and agreed on by their primary assemblies, or by a convention of delegates chosen by such assemblies, there is no objection to their power to do so, nor to any measures which may be taken to collect the sense of the people in respect to it; provided such measures shall be prosecuted in a peaceable manner, in subordination to the existing government, and in subserviency to the power of Congress to adopt, reject, or disregard them, at their pleasure. Ibid.

10. Territorial judges, not being constitutional but legislative officers only, and not civil officers within the meaning of the Constitu tion, are not subject to impeachment and trial before the Senate of the United States. Opinion of Feb. 1, 1839, 3 Op. 409.

11. By the act of the 14th of August, 1848, chap. 177, establishing a Territorial government in Oregon, the legislative power and authority were vested in a legislative assembly, consisting of a council and house of representatives; and the concurrence in, and approval of, the acts of that body by the governor was not made necessary. Opinion of April 23, 1851, 5 Op. 359.

12. That act conferred authority upon the legislative assembly to locate the seat of government for the Territory. Ibid.

13. By the act of the 11th of June, 1850, chap. 19, making appropriations for public buildings in that Territory, the governor was invested with a concurrent and equal authority with the legislative assembly in the application of the money. Ibid.

lishing that Territory, and is null and void. Ibid.

15. The Territorial legislature of Oregon passed a law in February, 1851, removing the seat of government from Oregon City to Salem. This, by the organic act, they had power to do. But the law was deemed invalid for another reason, namely, because of multiplicity of contents: Held, that the remedy is with Congress. Opinion of March 22, 1852, 5 Op. 525.

16. The act of the legislature of the Territory of New Mexico, appointing semi-annual terms of the district courts, is valid; it being clearly consistent with that provision of the organic act (sections 10 and 16 of the act of Sept. 9, 1850, chap. 49) authorizing courts to be held at such "time and place" as may be prescribed. Opinion of April 12, 1852, 5 Op. 528.

17. Territorial judges, absent from the Territory for a period of three months, can obtain their salaries only on certificate of the President that the absence was for good cause, such being the provision of the act of June 15, 1852, chap. 49. Opinion of June 18, 1853, 6 Op. 57. 18. A Territorial court can not appoint an attorney for the Territory, but may designate a person to perform in court any duty of such attorney in his absence, which person will have a right to compensation from the United States. Opinion of Aug. 13, 1853, 6 Op. 80.

19. The governor of the Territory of Utah has power to reprieve, but not to pardon, persons indicted and convicted of crime against the United States. Opinion of April 14, 1854, 6 Op. 430.

20. The salaries of all judges of courts of the United States are due from the date of appointment, but the party does not become entitled to draw pay until he has entered on the duties of his office, or at least taken his official oath; for, until then, though under commission, he is not actually in office; and in some cases, as that of the Territorial judges of Oregon, Washington, Kansas, and Nebraska, salary, though due from date of appointment, can not be drawn until the judge enters on duty in the Territory. Opinion of June 30, 1855, 7 Op. 304.

21. The United States cannot take private land for the construction of a road in one of the Territories, without some legal form of expropriation either by act of Congress or of

the Territory. Opinion of July 7, 1855, 7 Op. 320.

22. The United States never held any municipal sovereignty, jurisdiction, or right of soil in the territory of which any of the new States are formed, except for temporary purposes, namely, to execute the trusts created by deeds of cession of Virginia, Massachusetts, Georgia, and other States in the original common territory of the Union, or by the treaties with France, Spain, and the Mexican Republic, in the territory embracing Louisiana, Florida, New Mexico, and California. Opinion of Oct. 24, 1855, 7 Op. 571.

23. The provisions of the ordinance for the organization of the Northwest Territory were extinguished by the Constitution, or, if any of them retain continuing validity, it is only so far as they may have authority derived from some other source-either the compact of cession, or acts of Congress under the Constitution. Ibid.

24. This doctrine has been applied in leading cases to questions touching the property in public lands, the relation of master and slave, religion, and navigable waters, and the eminent domain, and may be taken as the established legal truth. Ibid.

25. In obedience to the same principle, and proceeding in the same line of adjudication, it must have been held, if the question had come up for judicial determination, that the provision of the act of March 6, 1820, chap. 22, which undertakes to determine in advance a perpetual rule of municipal law for all that portion of the province of Louisiana which lies north of the parallel of thirty-six degrees and thirty minutes north latitude, was null and void ab incepto, because incompatible with the organic fact of equality of internal right in all respects between the old and the new States. Ibid.

26. The same doctrine controls the question of the relative rights of the United States and of any one of the new States, in regard to lands occupied by the United States for public purposes in such State. Ibid.

27. The judges, district attorneys, and marshals of the Territories are not required by law to have their residences at any particular places in their respective Territories. Opinion of May 2, 1857, 9 Op. 23.

28. Under the act of May 30, 1854, chap. 59, organizing the Territorial government of Kansas, the governor had three clear days to

consider a bill passed by the Territorial legislature; and if he failed to return it, such bill did not become a law unless the assembly was in session three days after the day on which the bill was passed. Opinion of March 10, 1858, 9 Op. 182.

29. After the passage of the act of March 3, 1855, chap. 167, appropriating $25,000 for public buildings in the Territory of Kansas, and the act of the Territorial legislature passed in pursuance thereof fixing the permanent seat of government at Lecompton, the Territorial legislature had no right to remove the seat of government from that town. Opinion of Nov. 20, 1858, 9 Op. 271.

30. Under the act of May 30, 1854, chap. 59, organizing the Territories of Nebraska and Kansas, two-thirds of a quorum of the Territorial legislature constitute the majority necessary to pass a bill which the governor has vetoed. Opinion of Jan. 31, 1860, 9 Op. 410.

31. The legislature of Colorado Territory, under the organic act (the act of February 28, 1861, chap. 59), had authority to increase the number of the members of the House of Representatives, and the thirteen persons elected in December, 1861, under the Territorial law, are as lawfully members of the house of representatives of the Territory as those elected under the organic act in August of the same year.

Opinion of July 9, 1862, 10 Op. 312. 32. Under the organic act of the Territory of Utah (act of September 9, 1850, chap. 51) the Territorial legislature has power to prescribe the mode of electing or appointing judges of probate in that Territory. Opinion of Aug. 16, 1870, 13 Op. 311.

33. By force of the provisions of the act of March 3, 1869, chap. 121, prescribing the terms of members of Territorial legislatures, and regulating the sessions of such legislatures, the election of members of the legislature of Dakota Territory, held in October, 1870, was invalid. Opinion of Nov. 17, 1870, 13 Op. 343. 34. The legislature of that Territory, chosen in October, 1869, is the lawful legislature for the space of two years from the commencement of its term. Ibid.

35. The special session of the legislature of Dakota, called by the acting governor of the Territory to meet April 18, 1871-a regular session having met in the latter part of the year 1870-held to be unauthorized by law;

the act of March 3, 1869, chap. 121, providing that the sessions shall be biennial, and containing no exception for the case of a special session. Opinion of April 15, 1871, 13 Op. 408.

36. Where two bodies claimed to be the house of representatives of the Territory of New Mexico, and the secretary of the Territory desired instructions as to which of these bodies he should pay: Advised that, in view of the imperfect statement of facts furnished, nothing be done which might be regarded as a recognition of the legality of either of the bodies referred to, and that the secretary be informed that no instructions such as he desires can be given without more complete information. Opinion of Jan. 31, 1872, 14 Op. 4.

37. As a rule, the governor of a Territory can remove only such officers as have been duly appointed by him to hold at pleasure. Opinion of July 24, 1874, 14 Op. 422.

38. He has no power to remove officers appointed during pleasure by others than himself, or officers whose tenure is for a stated term or for good behavior, unless so authorized by the organic law or (in some cases) by the Territorial law. Ibid.

39. Accordingly, where certain officers created by a Territorial statute were appointed by the governor, with the consent of the council of the Territory, for the term of two years: Held, that, in the absence of a power of removal expressly conferred by law upon the governor, those officers are not removable by him. Ibid.

40. Under an act of the legislature of Montana Territory of February 11, 1874, providing for the submission to the qualified voters there of the question as to a change of the Territorial seat of government from Virginia City to Helena, an election was held on the 3d of August following, the returns of which, according to the official canvass of the votes (which was required to be made by the secretary and marshal of the Territory, in the pres ence of the governor), showed a majority against the change. Application having subsequently been made for a recanvass of the votes: Held, that, whether the secretary and marshal together might or might not, under the particular circumstance of the case, recanvass the votes (on which no opinion is expressed), a recanvass made by one of those officers alone, as was proposed, would not

satisfy the requirements of the act mentioned; yet, held further, that the legal questions involved—either as regards the discharge of the duties of the canvassing officers, the validity of the canvass of the votes as made and certified by them, or the final ascertainment of the fact whether a majority of the votes cast was in favor of or against the removal of the capital-are of purely local concern, in which the General Government is not interested, and over which its Departments have no jurisdiction or control. Opinion of Oct. 8, 1874, 14 Op. 462.

41. Such questions may, by appropriate proceedings, be brought before the courts of the Territory, to which their determination rightfully belongs. Ibid.

42. Corporations formed under a general law of the Territory of Montana, dated December 13, 1867, for the purpose of constructing and maintaining bridges, roads, or ferries, come within the scope of the provision in the first section of the act of March 2, 1867, chap. 150, authorizing the Territorial legislatures, by general incorporation acts, to permit persons to associate themselves together as bodies corporate for "industrial pursuits." Opinion of Aug. 2, 1878, 16 Op. 114.

43. In granting to such corporations the privilege of locating their bridges, roads, &c., upon the public lands of the United States, the Territory must be deemed to have acted within the limits of the authority thus given by Congress. Ibid.

44. Where the bridges, roads, &c., so located are used by the Government for the passage of troops, animals, and supplies, the owners thereof are entitled to a reasonable compensation for such use. The compensation is not necessarily to be the tolls fixed by the owners or the local authorities. Ibid.

45. The legislature of Wyoming Territory has no power to direct that persons convicted of violations of the laws thereof shall be imprisoned at any place outside of the boundaries of that Territory. Opinion of May 13, 1880, 16 Op. 678.

TEXAS BONDS.

On the act of September 9, 1850, chap. 49, which directed the delivery by the United States of $10,000,000 in stock to the State of

Texas, provided that no more than five millions of said stock be issued until certain creditors of the State should have filed in the Treasury releases of all claims against the United States: Held, that the Secretary of the Treasury cannot make delivery of the reserved five millions by apportionment, but must withhold all payments until evidence be presented to him of the complete discharge of the United States in the premises. Opinion of Sept. 26, 1853, 6 Op. 130.

TEXAS COLONIZATION GRANTS.

Consideration of the constitutional force and effect of certain constitutional and legislative acts of the State of Texas, in relation to colonization land grants made by the Republic of Texas. Opinion of Oct. 1, 1855, 8 Op. 522.

TIME.

1. It is the universal rule in the computation of time for legal purposes not to notice fractions of a day. Opinion of March 10, 1858, 9 Op. 132.

2. When the law allows a thing to be done within a certain number of days, the modern rule in England is to exclude the first day from the calculation. Ibid.

3. The American courts have in innumerable cases applied the general principle that where time is to be computed from an act done the day on which the act is done shall be excluded, unless it is apparent that a different computation was intended. Ibid.

4. Though divisions of a day may be allowed sometimes to make priorities or give other advantages in private transactions, they are always excluded in public proceedings. Ibid.

TITLE.

1. A right by mere possession to vacant lands can never exist against the Government. Opinion of March 26, 1802, 1 Op. 108.

2. The Attorney-General, in certifying the title of land purchased by the Government, must look at the question as one of pure law,

and cannot relax the rules of law on account either of the desirableness of the object or the smallness of the value of the land. Opinion of April 27, 1854, 6 Op. 432.

3. The banks and shores of navigable waters, whether sea, lake, or river, in any of the States, belong either to the State or to individuals, as the case may be, and not to the United States. Opinion of July 3, 1855, 7 Op. 314.

4. When by act of Congress a pier or breakwater is constructed for the improvement of a harbor, no right to the land on which it is constructed accrues to the United States by that fact alone, and without purchase and cession from the States. Ibid.

5. If, in consequence of any such construction, land is made by accretion, such accretion belongs to the owner of the land to which it attaches, and not to the United States. Ibid.

6. Suggestions as to the validity of the title of the United States to the Indian reservation of the Tejon in California. Opinion of July 3, 1856, 7 Op. 744.

7. Exposition of the duty of the AttorneyGeneral in examining and certifying the title to lands purchased by the United States. Opinion of Feb. 24, 1857, 8 Op. 405.

TONNAGE.

above referred to) be discontinued. Opinion of Dec. 10, 1880, 16 Op. 586.

TRANSPORTATION.

See also CONTRACT; POSTAL SERVICE. 1. In March, 1877, the Northern Pacific Railroad Company entered into a contract with the Quartermaster's Department to transport army supplies, at a stated rate per hundred pounds, between certain points in the State of Minnesota, in performing which the company was obliged to transport the stores part of the way over a land-grant railroad. In the contract was a stipulation that no deduc tion should be made from the rate stated "on account of land grants." Held, that the contract is within the act of March 3, 1875, chap. 133, and that the accounting officers of the Treasury have no authority to audit and settle a claim for transportation thereunder, but such claim is required to be settled by suit in the Court of Claims. Opinion of June 28, 1878, 16 Op. 607.

2. The prohibition in the act of 1875 is not limited to payments to the company owning the land-grant road over which the transportation was performed. It extends to payments made to any railroad company for transportation over any land-grant road of the sort specified, whether its own or another's. Ibid.

3. The act of 1875 does not take away the

TOMS LAWS, XIII.

TRADE-MARK.

1. State legislation on the subject of trademarks noticed. Opinion of Sept. 13, 1865, 11 Op. 352.

2. The provisions of the act of July 8, 1870, chap. 230 (embodied in section 4937 Rev. Stat.), in regard to trade-marks, having been declared unconstitutional by the United States Supreme Court, it is no longer the duty of the officer charged therewith to execute them. Accordingly, it is recommended that the practice of registering trade-marks at the Patent Office (which was allowed to be done by parties desiring it since the ruling of the Supreme Court

Treasury to audit and settle accounts for transportation arising under bona fide contracts made with common carriers other than railroad companies, in cases where such transportation has been partly performed over landgrant roads. Ibid.

4. The Union Pacific Railroad Company cannot require that flour, in order to be transported over its road for the United States, shall be packed in barrels, and refuse to transport it if packed in sacks. Opinion of Dec. 3, 1880, 16 Op. 581.

5. Whether the Kansas Pacific Railway Company can decline to transport over its road, for the United States, flour in sacks at ordinary freight rates, or require the same to be transported at the owner's risk when the Government pays only the lowest rate therefor, considered. Ibid.