ARMY-Continued.

6. Same. It is essential to the creation of such office that there should be an appointment by the President in addition to a nomination to, and consent by, the Senate. Ib.

7. Same.

An officer of the United States Army or of the Marine Corps, retired from active service only, and not wholly retired from service, is an officer in the employ of the Government, and so within the prohibition of section 1782 of the Revised Statutes.

397.

GOODS IMPORTED FOR ARMY. See PHILIPPINE ISLANDS, 3.

QUITCLAIM DEED BY CHIEF ENGINEER. See DISTRICT OF CO-
LUMBIA, 5.

ATCHISON, TOPEKA & SANTA FE RAILWAY CO. See COMMODITIES CLAUSE OF HEPBURN ACT, 1, 2, 3.

ATLANTIC & PACIFIC RAILROAD CO. See RAILROAD LAND GRANTS, 1, 2.

ATTORNEY GENERAL.

1. Claims for Payment for Labor and Material.-Hypothetical Question. The Attorney General declines to express an opinion as to what, if any, steps must be taken under the proviso by the contracting officer, and what is the status of claims presented for payment for labor and material furnished under a contract, in the event that a contractor who had actually announced an eighthour workday before obtaining his contract should afterwards for any reason revert to a longer workday, as the question is hypothetical. 488.

2. Commodities Clause of the Hepburn Act.-The question whether the commodities clause would apply to the shipment of coal over the Atchison, Topeka and Santa Fe Railway Co. by the Folsom Morris Coal Mining Co., although purely hypothetical, deals rather with the establishment of a policy than the determination of a particular case, and hence it is permissible for the Attorney General to call the attention of the Secretary of Commerce and Labor to the law on the subject. 587.

3. Naturalization.-The Attorney General declines to give an official opinion upon the question whether an objection made to the naturalization of an alien should have been sustained, as no case involving that question is now pending before the Department requesting it, and for the further reason that the question is a judicial one. 99.

4. Same. Hypothetical Question.-The Attorney General also declines to answer the question whether an appeal would lie from the judgment of a naturalizing court to one of the higher courts of North Dakota, for same reasons and for the additional reason that the question relates merely to a hypothetical case. Ib.

ATTORNEY GENERAL-Continued.

5. Nonreservation Schools.-Indian Country. The question as to whether lands used for Indian schools, but not within Indian reservations, may be considered as Indian country for the purposes of the enforcement of the act of January 30, 1897 (29 Stat. 506), whereby it is made an offense to introduce liquor into the Indian country, is essentially judicial in character and is not one arising in the administration of the Interior Department, and therefore it would be improper for the Attorney General to give an official opinion thereon. 226.

6. Partial Payments Under Government Contract.-The Attorney General declines to answer the question whether the Navy Department would be justified in continuing to make partial payments under contracts in the event of the repeal of the clause in the naval appropriation act of March 4, 1911 (36 Stat. 1267), which authorizes the Secretary of the Navy to make partial payments on work done under contracts for public purposes, as no case involving that question is now pending before that department. 46.

7. Same. The general rule would seem to be well recognized that, in the absence of statutory prohibition, partial payments may be made on account of work done in the construction of vessels for the Navy if (1) title to the vessel shall have passed to the United States at the time of such payments, or (2) a lien shall have been created by law or contract upon the unfinished vessel to the amount of such partial payments. Ib.

8. Return of Government Contract.--While the sufficiency of the return of a contract by the Secretary of the Navy is not a question of law arising in the administration of the Department of the Interior, and therefore is not one upon which the Attorney General is required to render an opinion, it is proper that the Secretary of the Interior should be advised whether the case submitted presents a violation of the statute since it is his duty to call apparent violations of the statute to the attention of the Department of Justice. 293.

BALBOA.

FOREIGN PORT. See OCEAN MAIL SERVICE, 3, 4.

BANKS.

AUTHORITY TO TRANSACT BANKING BUSINESS.
SAVINGS SYSTEM, 11, 12.

FOR SAVINGS DEPOSITS. See PORTO RICO, 1.
PRIVATE, INDIANA. See POSTAL SAVINGS SYSTEM, 15.

BARAC RIVER. See PHILIPPINE ISLANDS, 5.

See POSTAL

BIDS AND ESTIMATES. See GOVERNMENT PRINTING OFFICE, 1, 2. BOATS, MOTOR. See MOTOR BOATS.

BONDS. See INTERIOR, DEPARTMENT OF; OFFICIAL BONDS; PHILIPPINE ISLANDS, 4; PORTO RICO, 2, 3, 4, 5, 6, 7; POSTAL SAVINGS SYSTEM, 8, 9, 10, 13, 14, 16, 19, 20.

BRANCH BANKS.

EstablishmenT. See NATIONAL BANKS, 6, 7.

BRIDGES.

1. Alteration of Metropolitan West Side Elevated Railway Co. Bridge in Chicago, Ill.-The widening of the channel of the South Branch of the Chicago River by the sanitary district of Chicago, under licenses granted by the Secretary of War, does not connect the Federal Government with that project in such a way as will authorize the Secretary of War, under section 18 of the act of March 3, 1899 (30 Stat. 1153), to require the alteration of the bridge of the Metropolitan West Side Elevated Railway Co. until the widening of the channel and the removal of the filled-in land adjoining the west abutment of the bridge has caused that structure to become an actual obstruction to the free navigation of the river.

2. Same.

139.

Filled-in land is subject to the servitude of navigation, and any obstruction to navigation arising therefrom could be abated by Congress, even if made under authority of a State. Ib. 3. Same. The filled-in land occupied by the west abutment of the bridge in question, which of course could not be removed prior to the removal of the bridge, should be regarded as constituting a part of the bridge, and the Secretary of War may proceed, under section 18 of the act of March 3, 1899 (30 Stat. 1153), for the alteration of the bridge when, by reason of the widening of the channel up to that point, it has become an actual obstruction to the free navigation of the river. In such a contingency notice to remove the same should be given to both the railway company and the sanitary district. Ib.

4. Same. The filling of a navigable waterway for the purpose simply of enabling riparian owners to reach the point of navigability by means of docks, piers, etc., when not forbidden by any statute of the United States or of a State, is neither unauthorized nor unlawful. Ib.

CANAL AND LOCKS. See WILLAMETTE FALLS, OREG.

CANTEENS. See ARMS AND MUNITIONS OF WAR, 7.

DISBURSING CLERK, TRANSFER OF DUTIES. See COMMERCE AND
LABOR DEPARTMENT.

CENSUS OFFICE.

TRANSFER OF EMPLOYEES. See CIVIL SERVICE. 2.

CIGARETTES. See PHILIPPINE ISLANDS, 2.

CIGARS. See PHILIPPINE ISLANDS, 1, 2.

CIRCULATION OF NEWSPAPERS. See NEWSPAPERS, 1, 2.

CIVIL SERVICE.

1. District of Columbia.-Under existing laws the classified service of the United States can not be extended to the officers and employees of the District of Columbia. 410.

2. Employees transferred to the Census Office from other branches of the departmental classified service, under section 7 of the census act of July 2, 1909 (36 Stat. 3), are eligible to appointment in any of the departments to positions of the same class or grade as those held by them at the date of their transfer to the Census Office, but not to higher positions. 313.

See also NAVY, 5, 6.

CLEARANCE OF VESSELS. See VESSELS, 1, 2.

CLERKS.

CLASS 3. See NAVY, 5, 6.

COAL-MINING LEASES. See COMMODITIES CLAUSE OF HEPBURN Аст, 1.

COAST AND GEODETIC SURVEY.

APPOINTMENT TO POSITIONS. See COMMERCE AND LABOR, SEC-
RETARY OF, 4.

COLLECTIONS.

PURCHASE PRICE OF INTOXICATING LIQUORS. See NATIONAL
BANKS, 1, 2, 3.

COLLECTOR OF CUSTOMS. See VESSELS, 1, 2.

COLLIERS.

CONSTRUCTION. See EIGHT-HOUR LAW, 3.

COLON. See OCEAN MAIL SERVICE, 3.

COLON WHARF. See PANAMA, 2.

COMBINATIONS AND MONOPOLIES.

1. Construction of Colliers.--The provision in the act of March 4, 1911 (36 Stat. 1288), under the head of "Construction and machinery," establishing an eight-hour workday, has reference to the construction of battleships and not colliers, and the fact that a contractor for one of the battleships may also contract for one or more colliers would not require the work on the colliers to be carried on on an eight-hour-a-day basis. 35.

COMBINATIONS AND MONOPOLIES-Continued.

2. A contract for the purchase of oil and gasoline for the Government may be awarded to the Standard Oil Co. of Indiana, notwithstanding that company was adjudicated a party to an unlawful trust and combination, since under the decision of the court the company can enter into a valid contract and may be required to execute a bond for the faithful carrying out of said contract. 156. 3. Purchase of Structural Material.-The provision of the naval appropriation act of March 4, 1911 (36 Stat. 1289), that no part of the money therein appropriated "shall be expended for the purchase of structural steel, ship plates, armor, armament, or machinery" from any combination or monopoly refers only to purchases made directly by the Navy Department. 44. 4. Same. The provision of the naval appropriation act of March 4, 1911 (36 Stat. 1289), that no part of the money therein appropriated "shall be expended for the purchase of structural steel, ship plates, armor, armament, or machinery" from any combination or monopoly, imposes upon the Secretary of the Navy the duty of determining the fact of monopoly or conspiracy and, in ascertaining this fact, he is free to resort to all sources of information at his command. 14.

5. Same Presumption of Innocence. The presumption in the absence of any evidence to the contrary is here, as in all other cases, that the parties are innocent rather than guilty. The act does not, however, contemplate a previous judicial determination of combination or conspiracy before the prohibition of purchase applies. Ib.

6. Same. The Secretary may require, as a condition of receiving any bid, an affidavit from the person, or a responsible representative of the firm or corporation proposing to deal with the Government, to the effect that such person, firm, or company was not engaged in such a combination, and might also, by appropriate stipulations in the contract, provide for its annullment if it were ascertained that it had been obtained by false representations in that respect. Ib.

7. Same. The market price of any commodity under normal conditions is taken to be its reasonable value; and so in any case where purchase can be made in an open market under conditions of free competition it may be assumed that the prevailing price will not be "in excess of a reasonable profit above the actual cost of manufacture." Ib.

8. Reasonable Price. By the provision of the act of March 4, 1911 (36 Stat., 1289), that "no purchase of structural steel, ship plates, or machinery shall be made at a price in excess of a reasonable profit above the actual cost of manufacture" Congress committed the determination of what are reasonable prices to the sound discretion and best judgment of the Secretary of the Navy, subject to the obligation to keep the cost of construction as much as possible within the bounds of the maximum prescribed. Ib.