(14573.) Drawback on micanite insulator. TREASURY DEPARTMENT, January 5, 1894. SIR: On the exportation of "micanite insulator" manufactured by the Mica Insulator Co., of Schenectady, N. Y., from shellac and imported mica, a drawback will be allowed equal in amount to the duty paid on the imported mica used, less the legal deduction of 1 per cent. The weight of the exported article shall be ascertained by a U. S. weigher, and the quantity of mica contained therein shall be shown by the manufacturer's declaration on the drawback entry, which declaration shall be verified by an analysis made by a Government chemist of samples to be taken by the inspecting officer whenever ordered by the collector. The quantity of mica which may be taken as the basis of allowance of drawback shall in no case exceed 89 per cent of the net weight of the exported article. Circular.-Uniforms for immigration employés. TREASURY DEPARTMENT, OFFICE OF SUPERINTENDENT OF IMMIGRATION, Washington, D. C., January 6, 1894. It is ordered that all inspection officers and employés of the U. S. Immigration Service stationed at ports or places of entry into the United States who come into contact with immigrants shall, while on duty, unless otherwise specially directed, wear a uniform, designated by the Superintendent of Immigration, said uniforms to be paid for by said inspectors and employés. Approved: J. G. CARLISLE, HERMAN STUMP, Superintendent of Immigration. Secretary. (14575.) Consular invoices required for coin. TREASURY DEPARTMENT, January 10, 1894. SIR: The Department is in receipt of your letter of the 28th ultimo, in which you state that the consul of the United States at Nogales, Mexico, requires a declaration to be made before him to each invoice of coin, and you inquire whether or not you shall accept on entries of coin declarations of the shippers without consular certification. It appears that the question as to whether shipments of specie are or are not subject to the requirement of consular invoices was considered by this Department in 1891, and was decided in the negative, as shown in its letter to the Secretary of State, dated October 3, 1891, to which you refer, and the instructions addressed on the same date to the collector of customs at New York, and later to the collector of customs at Corpus Christi, Tex., directing that "when bills of lading, covering remittances of coin to persons doing business as bankers and dealers in foreign exchange are exhibited to collectors, such coin may be admitted to entry on memorandum invoice, which should agree with the bill of lading, and delivery permit may thereupon be issued. The packages to be opened in the presence of an examiner of the appraiser's department, who must verify and report the nature of the contents." These instructions are still in force, and you will be governed accordingly. Respectfully, yours, COLLECTOR OF CUSTOMS, Nogales, Ariz. (14576.) CHARLES S. HAMLIN, Assistant Secretary. Indian goods allowed free entry only when brought by Indians owning them. TREASURY DEPARTMENT, January 11, 1894. SIR: In reply to your letter of the 6th instant, in regard to the assessment of duty at Detroit on certain beadwork sent by one of your Indians to his son in Chicago, I have to inform you that the provisions of law exempting from duty "peltries and other usual goods and effects of Indians passing or repassing the boundary line of the United States" is not applicable to articles shipped by Indians to the United States, but only to such articles as are brought by their owners into this country. Respectfully, yours, (4081 g.) PETER MURRAY, CHARLES S. HAMLIN, Assistant Secretary. Secretary of the Indian Council, Caughmawaga, Canada. (14577.) Circular.-Instructions to U. S. district attorneys, clerks of U.S. courts, and commissioners of the U. S. circuit courts relative to their accounts. TREASURY DEPARTMENT, First Auditor's Office, January 13, 1894. 1. Hereafter accounts for fees earned by above-named officers are to be rendered quarterly as follows: First quarter, July 1 to September 30; second quarter, October 1 to December 31; third quarter, January 1 to March 31; fourth quarter, April 1 to June 30; or half yearly, as follows: First half year, July 1 to December 31; second half year, January 1 to June 30. 2. Each account should contain all fees earned by the officer rendering the same during the quarter or half year covered by such account. NOTE.-The above rules will be strictly enforced by the accounting officers. Accounts of officers who fail to comply will be returned to them, or held in the office of the First Auditor until their final accounts for the quarter or half year shall be rendered. 3. In order to secure uniformity in the papers going into the files of the Department, the Secretary of the Treasury has prescribed that accounts shall be rendered on sheets half-cap size (8) by 14 inches). In making up an account only one side or page of each sheet should be used, the pages numbered, the date when each service was performed given on left-hand margin of page, each item of service definitely stated, the items of charge on each page footed, and the footing of one page carried forward to the next. NOTE.-In accounts of clerks and commissioners each page should contain fees earned in one case only. The title of the case and such other information regarding the said case as has been heretofore prescribed should be given at the top of the page, the fees earned following in order. The pages of the account should follow consecutively, that is, in order of time as the several cases were disposed of. The separate pages of the account should be neatly fastened together, with the affidavit of the officer and the order of court approving the account. The seal of the court must be affixed to the certificate to the copy of the order of approval. 4. Where the same person is clerk of a circuit and district court a separate account should be rendered for services in each court. 5. Attention is called to the following provisions, relative to prosecutions under the internal-revenue laws, which are contained in the sundry civil appropriation act for the fiscal year ending June 30, 1889, approved October 2, 1888, and reenacted in sundry civil appropriation act for each fiscal year subsequent thereto : And no part of any money appropriated by this act shall be used to pay any fees to United States commissioners, marshals, or clerks for any warrant issued or arrest made, or other fees in prosecutions under the internal-revenue laws, unless the prosecution has been commenced upon a sworn complaint setting forth the facts constituting the offense and alleging them to be within the personal knowledge of the affiant, or upon sworn complaint by a collector or deputy collector of internal revenue or revenue agent, setting forth the facts upon information and belief, and approved either before or after such arrest by a circuit or district judge or the attorney of the United States in the district where the offense is alleged to have been committed or the prosecution is by indictment. You will observe (1) that unless the complaint is made by an officer of the internal revenue personal knowledge on the part of the affiant of the acts constituting the offense is a prerequisite to payment from the above appropriation; and (2) that the approval of the prosecution by the district attorney or by the circuit or district judge is also a prerequisite to payment, no matter by whom the complaint is made. 6. The attention of attorneys and clerks is called to the following from the Revised Statutes of the United States: SEC. 877. Witnesses who are required to attend any term of a circuit or district court on the part of the United States shall be subpœnaed to attend to testify generally on their behalf, and not to depart the court without leave thereof or of the district attorney; and under such process they shall appear before the grand or petit jury, or both, as they may be required by the court or district attorney. SEC. 829 (paragraph 25). ***To save unnecessary expense, it shall be the duty of the clerk to insert the names of as many witnesses in a cause in such subpoena as convenience in serving the same will permit. 7. Commissioners will be allowed a fee for issuing only one subpoena for all the witnesses in each case unless the necessity for more than one subpoena is clearly shown, and for issuing only one writ of arrest or commitment where there are two or more defendants in a case, or two or more cases against the same defendant. No fee for copy of process will be allowed where the original papers are sent to court. No fee for testimony will be allowed when not required by rule of court or State statute. 8. The attention of clerks and commissioners is called to the decisions of the supreme court of the United States in the following cases: Only 25 cents authorized for taking the acknowledgment of defendant and sureties to a bond or recognizance, or of all witnesses held in a case. Commissioners are not entitled to docket fees. (United States v. Ewing, 140 U. S. Reports, 142.) Clerks not entitled to docket fee where no indictment is found. (United States v. Van Duzee, 140 U. S. Reports, 169.) Clerk not entitled to charge for seals to copies of orders to pay jurors, witnesses, or other expenses where not required by the accounting officers. Clerk entitled to fee for filing account, but not a fee for filing each separate voucher. (United States v. Jones, 147 U. S. Reports, 672.) Clerk not entitled to per diem pay for services in selecting juries in connection with jury commissioner. Clerk not entitled to docket fee in case of removal of a prisoner for trial in another district. Clerk not entitled to fee for separate order to pay each juror and witness; nor to fee for separate recognizance of each witness; nor to fee for entering on final record proceedings before a committing magistrate. (United States v. King, 147 U.S. Reports, 676.) Clerk not entitled to docket fee where indictment is returned "not a true bill." (United States v. McCandless, 147 U. S. Reports, 692.) No fee authorized for filing orders of district attorney discharging witnesses. (United States v. Taylor, 147 U. S. Reports, 695.) Per diem of commissioner for hearing before warrant was issued not authorized. (United States v. Patterson, 150 U. S. Reports, 65.) 9. Explanations of suspensions should be sent to the First Comptroller. Give the number of the report, then take up and answer each item of suspension or disallowance in regular order. Explanations of suspensions should be sworn to. Suspensions which are satisfactorily explained will be held and allowed in the next quarterly settlement of the account. Clerks and commissioners desiring to have accounts readjusted under the recent decisions of the Supreme Court above mentioned should present their claims to the First Comptroller, calling attention to the number of the report and item, to which an affidavit should be appended stating that suit has not been brought to recover any item they desire to reclaim. No account will be reopened which has been settled by a former Comptroller. 10. Accounts of U. S. attorneys and clerks of U. S. courts for services in civil post-office cases must be forwarded to the Sixth Auditor. Accounts of attorneys for services not covered by salary or fees should be sent to the Attorney-General. All accounts approved by a court must be forwarded by the clerk of the court approving the account and not by the claimant or his attorney. This duty is imposed on the clerk by the act of February 22, 1875. (18 Statutes at Large, 333.) Accounts sent to the First Auditor by another person will be returned to be forwarded by the clerk. Drawback on grease butter used in manufacture of refined butter. 1 TREASURY DEPARTMENT, January 15, 1894. SIR: On the exportation of refined butter manufactured from salt, glucose, and imported low grade or "grease" butter by Bartram Bros. and Kurzman Bros., of New York City, a drawback will be allowed equal in amount to the duties paid on the "grease butter" used in the manufacture of the exported article, less the legal deduction of 1 per cent. The exact quantity of the imported "grease" butter used must be shown in the manufacturer's statement on each export entry. When ordered by the collector, samples shall be taken and submitted to the appraiser for verification of the manufacturer's statement; but in no case shall drawback be allowed on a quantity of the imported material in excess of 75 per cent of the net weight of the exported article. Respectfully, yours, (4282 g.) COLLECTOR OF CUSTOMS, New York. CHARLES S. HAMLIN, Assistant Secretary. |