Supplies. Branch offices. persons employed in the postal service. In any case where it is deemed impracticable by the military authorities to detail persons from the Army to act as postmaster or clerks the Postmaster-General is authorized to appoint a civilian as postmaster, and also to make a special order allowing to him reasonable compensation for clerical services and to meet the necessary expenses of said office, as well as a proportionate increase of salary to the postmaster during the period of such extraordinary business as may attach to his office, under the provisions of section thirtyeight hundred and sixty-three, Revised Statutes, payable out of the appropriations for the postal service. He may also provide for the issue and payment of money orders at any post-office established under the provisions of this act after the postmaster shall have given bond as required by law. Act of June 6, 1898 (30 Stat. L., 432). 330. The Postmaster-General shall supply to post-offices referred to in the preceding section all necessary postage stamps, stamped envelopes, postal cards, and other supplies of whatever description. He may also prescribe regulations for the conduct of the business at such post-offices in conformity, so far as the same may be applicable, to the regulations relating to the ordinary postal service. Sec. 2, ibid. 331. In any case where, in the judgment of the Postmaster-General, any military post or camp can be better and more economically supplied by a branch post-office, he may, without reference to its distance from the main office, establish the same and meet the expenses thereof by special order, as in the case of post-offices referred to in the preceding section. Sec. 3, ibid. 1 'The act of June 2, 1900 (31 Stat. L., 253), and subsequent acts of appropriation make provision for the "postal service in the Philippine Islands or territory held by military occupation, and for additional transportation to and from said territory, also including postal service for military camps or stations, to be used in the discretion of the Postmaster-General." Par. CHAPTER VII. THE DEPARTMENT OF JUSTICE HABEAS CORPUS THE COURT OF CLAIMS. THE DEPARTMENT OF JUSTICE. Par. 332. Establishment of Department of 340. Conduct and argument of cases. Justice. 341. Performance of duty by officers of Department of Justice. 342. Officers of the Department to per- 357. Opinion of Attorney-General upon 343. questions of law. 338. Legal advice to Departments of War and Navy. 339. Reference of questions by AttorneyGeneral to subordinates. 344. Interest of United States in pending | 345. Publication of opinions. 362-417. The Court of Claims. Establishment of Department of Justice. 332. There shall be at the seat of government an Executive Department to be known as the Department of Justice, and an Attorney-General, who shall be the head Sept. 24, 1789, c. thereof. June 22, 1870, c. 150, s. 1, v. 16, p. 162. 333. There shall be in the Department of Justice an officer learned in the law, to assist the Attorney-General in the performance of his duties, called the Solicitor-General, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of seven thousand dollars a year. In case of a vacancy in the office of Attorney-General, or of his absence or disability, the Solicitor-General shall have power to exercise all the duties of that office. EXAMINATION OF TITLES. 334. No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public build. ing, of any kind whatever, until the written opinion of the 20, s. 35, v. 1, p. 92; Sec. 346, k. S. Suspension of statute in cases J. R. 18, Apr. 11, 1 Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments respectively.' 335. In case of emergency when, in the opinion of the of emergency. President, the immediate erection of any temporary fort 1898, v. 30, p. 737. or fortification is deemed important and urgent, such temporary fort or fortification may be constructed upon the written consent of the owner of the land upon which such work is to be placed; and the requirements of section three hundred and fifty-five of the Revised Statutes shall not be applicable in such cases. Joint Res. No. 18, of April 11, 1898 (30 Stat. L., 751). Duties of Attorney-General. OPINIONS OF ATTORNEY-GENERAL. 336. The Attorney-General shall give his advice and Sec. 354, B. S. opinion upon questions of law, whenever required by the torney-General President. Opinion of At- 337. The head of any Executive Department may require upon questions the opinion of the Attorney-General on any questions of June 22, 1870, c. law arising in the administration of his Department." of law. 150, s. 6, v. 16, p. 163. Sec. 356, R. S. Legal advice to Departments of June 22, 1870, c. 338. Whenever a question of law arises in the adminis War and Navy. tration of the Department of War or the Department o 150, s. 6, v. 16, p. the Navy, the cognizance of which is not given by statut Sec. 357, R. S. to some other officer from whom the head of the Depart ment may require advice, it shall be sent to the Attorney 163. 'The Attorney-General in certifying the title of land purchased by the Governmen must look at the question as one of pure law, and can not relax the rules of law o account either of the desirableness of the object or the smallness of the value of th land. VI Opin. Att. Gen., 432. See the chapters entitled THE PUBLIC LANDS, Co TRACTS AND PURCHASES, AND THE CORPS OF ENGINEERS. See, also, I Compt. Dec., 34 The Attorney-General is not authorized to give an official opinion in any cas except on the call of the President or some one of the heads of Departments. I Opi Att. Gen., 211. Subordinate officers of the Government who desire an official opini of the Attorney-General must seek it through the head of the Department to whi they are accountable. Ibid. General, to be by him referred to the proper officer in his by At to subordinates. 170, s. 4. v. 16, p. 162. Sec. 358, R. S. 339. Any question of law submitted to the Attorney-Reference of General for his opinion, except questions involving a con- torneral struction of the Constitution of the United States, may be,June 22, 1870, c. by him referred to such of his subordinates as he may deem appropriate, and he may require the written opinion thereon of the officer to whom the same may be referred. If the opinion given by such officer is approved by the Attorney-General, such approval indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General." and argument of 20, s. 35, v. 1. p. 92; 340. Except when the Attorney-General in particular Cont cases otherwise directs, the Attorney-General and Solicitor-a Sept. 24, 1789, c. General shall conduct and argue suits and writs of error June 25, 1968, c and appeals in the Supreme Court and suits in the Court 1.5, v. 15. p.75; of Claims in which the United States is interested, and 159, s. 5, v. 16, p. the Attorney-General may, whenever he deems it for the Sec. 359, R. S. interest of the United States, either in person conduct and June 22, 1870, c. 162 1 The Attorney-General will only give official opinions on questions of law arising facts which are authoritatively stated by a head of Department. Xibid., 267. He has no authority to settle questions of fact, nor to give advice on questions of law, except for the assistance of the officer calling for his opinion on points stated. He takes the facts as they are stated to him and predicates his opinion on them. III ibid., 3. It is not the duty of the Attorney-General to give opinions on questions of fact, nor to review the proceedings of a court-martial in search of questions of law. V ibid., 626. The Attorney-General will not give a speculative opinion on an abstract question if law, which does not arise in any case presented for the action of an Executive Department. XI ibid., 189. Nor will he review the opinion of a former AttorneyGeneral, unless a proper case is presented therefor, and submitted by the head of a Department. Ibid. Where an official opinion from the Attorney-General is desired on questions of law arising on any case, the request should be accompanied by a statement of the material facts in the case, and also the precise questions on which advice is wanted. XIV ibid., 367. See note to paragraph 339, post. "The opinions of successive Attorneys-General, possessed of greater or less amount of legal acumen, acquirement, and experience, have come to constitute a body of legal precedents and exposition, having authority the same in kind, if not the same in degree, with decisions of the courts of justice. VI ibid., 326. The opinion of the Attorney-General for the time being is, in terms, advisory to the Secretary who calls for it; but it is obligatory as the law of the case unless, on appeal by such Secretary to the common superior of himself and the Attorney-General, namely, the President of the United States, it be by the latter overruled. VII ibid., 692. The AttorneyGeneral will not give a speculative opinion, on an abstract question of law, which does not arise in any case presented for the action of an Executive Department. XIX ibid., 189. He will only give opinions on questions of law arising on facts which are authoritatively stated by a head of Department. X ibid., 267. Although the acts prescribing the duties of the Attorneys-General do not declare the effect of their advice, it has been the practice of the Departments to heed it. It has been found greatly advantageous, if not absolutely necessary, to have uniformity of action upon analogous questions and cases; and that result is more likely to be attained under the guidance of a single Department, constituted for the purpose, than by a disregard of its opinions and advice. V ibid., 97. 22924089 duty by officers argue any case in any court of the United States in which the United States is interested, or may direct the SolicitorGeneral or any officer of the Department of Justiceto to do so. Performance of 341. The Attorney-General may require any solicitor or of Department of officer of the Department of Justice to perform any duty June 22, 1870, c required of the Department or any officer thereof. Justice. Sec. 360, R. S. 150, s. 14, v. 16, p. 164. Officers of the 342. The officers of the Department of Justice, under the Department to services required ments. 150, s. 14, v. 16, p. 164. perform all legal direction of the Attorney-General, shall give all opinions for other Depart and render all services requiring the skill of persons learned June 22, 1870, c. in the law necessary to enable the President and heads of Sec. 361, R. S. Departments, and the heads of Bureaus and other officers in the Departments, to discharge their respective duties; and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. Attendance of 343. Whenever the head of a Department or Bureau Feb. 14, 1871, c. gives the Attorney-General due notice that the interests of Sec. 364, B. S. the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. counsel. 51, s. 3, v.16, p.412. Interest of United States in who may attend to. June 22, 1870, c. any 344. The Solicitor-General, or any officer of the Departpending suits ment of Justice, may be sent by the Attorney-General to State or District in the United States to attend to the 150, s. 5, v. 16, p. interests of the United States in any suit pending in any Sec. 367, R. S. of the courts of the United States, or in the courts of any State, or to attend to any other interest of the United States. 162. opinions. 150, s. 18, v. 16, p. 165. Sec. 383, R. S. Publication of 345. The Attorney-General shall from time to time cause June 22, 1870, c. to be edited, and printed at the Government Printing Of fice, an edition of one thousand copies of such of the opinions of the law officers herein authorized to be given as he may deem valuable for preservation in volumes, which shall be, as to size, quality of paper, printing, and binding, of uniform style and appearance, as nearly as practicable, with volume eight of such opinions, published, by Robert Farn |