COMBINATIONS AND MONOPOLIES-Continued.

9. Purchase of Torpedoes From Combination or Monopoly.-The purchase of Whitehead torpedoes, to be paid for from the appropriation "Torpedoes and appliances" in the naval appropriation act of March 4, 1911 (36 Stat. 1271), can not be made, by a provision in the same act, from a company that has combined or conspired to monopolize the interstate or foreign commerce of the United States, provided torpedoes and appliances are properly classified under the head of "armor, armament, or machinery," but this is a question of fact, rather than one of law, to be determined by the Secretary of the Navy. 35.

COMMERCE AND LABOR, DEPARTMENT OF.

The duties formerly performed by the disbursing clerk of the Bureau of the Census can not be transferred to the disbursing clerk of the Department of Commerce and Labor consistent with law within the meaning of section 161 of the Revised Statutes.

247.

COMMERCE AND LABOR, SECRETARY OF.

1. Appointments.-The Chief of the Division of Alaska Fisheries, in the Bureau of Fisheries, the character of whose duties is not unlike that of the chiefs of divisions generally in the several executive departments, should be appointed by the Secretary of Commerce and Labor. 116.

2. Same. The naturalist, fur-seal fisheries, and the two physicians, Pribilof Islands, placed in the Division of Alaska Fisheries by the act of March 4, 1911 (36 Stat. 1439), should be appointed by the Secretary of Commerce and Labor, but as the Secretary has already made these appointments there is no necessity for their reappointment if the present incumbents are to be retained. 3. Same.--The position of local agent, Seattle, Wash., in the Bureau of Fisheries, the duties of which are strictly clerical, is within the meaning of section 169 of the Revised Statutes, and the appointment should be made by the Secretary of Commerce and Labor. 116.

4. Same.

The positions of engraver and electrotyper or photographer in the Bureau of Coast and Geodetic Survey, and the positions of associate physicist, assistant physicist, assistant chemist, laboratory assistant, aid, and superintendent of mechanical plant, in the Bureau of Standards, fall within the provisions of section 169 of the Revised Statutes and should be filled by appointments made by the Secretary of Commerce and Labor. 116. AUTHORITY TO ISSUE LICENSE. See RADIO COMMUNICATION. AUTHORITY TO MAKE RULES, ETC. AUTHORITY TO REMIT PENALTIES.

COMMISSIONS. See ARMY, 5, 6.

See FOOD AND DRUGS ACT, 1.
See PENALTIES, 1, 2.

COMMODITIES CLAUSE OF HEPBURN ACT.

1. Assignment of Coal-Mining Leases.-The transfer of certain coal-
mining leases, which embrace lands in the segregated coal and
asphalt lands of the Choctaw and Chickasaw Nations in the
Indian Territory, now Oklahoma, from the Western Coal &
Mining Co. to the Folsom Morris Coal Mining Co., a corporation
whose capital stock is owned by the Atchison, Topeka & Santa
Fe Railway Co., is not forbidden by the commodities clause of
the Hepburn Act (34 Stat. 585). 587.

2. Coal Mining and Transportation. The railroad company has the
right to mine and carry coal for use in its locomotives, since
commodities necessary or intended for its use in the conduct of
its business as a common carrier are expressly excepted from the
operation of the statute. Ib.

3. Shipment of Coal.-The application of the commodities clause to
the shipment of coal over the Atchison, Topeka & Santa Fe
Railway Co. by the Folsom Morris Coal Mining Co. depends upon
whether or not the railway company uses the coal company merely
as an artificial legal entity which it completely dominates and
controls; or whether, although the owner of all its stock, the coal
company is operated separately and distinct from the railway
company. 587.

4. As the question under inquiry, although purely hypothetical,
deals rather with the establishment of a policy than the deter-
mination of a particular case, it is permissible for the Attorney
General to call the attention of the Secretary of Commerce and
Labor to the state of the law on the subject. Ib.
CONFIDENTIAL PLANS, DISCLOSURE OF. See CONTRACTS, 5.
CONGRESS, INFORMATION FOR. See NATIONAL Banks, 4, 5.
CONSTRUCTION OF STATUTES.

1. Departmental Construction.--While contemporaneous and long-
continued departmental construction of an ambiguous statute is
entitled to very great weight, it is quite otherwise where the
statute is clear and there is no need for the assistance derived
from that source. 298.

2. Manufacture and Importation of Smoking Opium.-The act of Feb-
ruary 9, 1909 (35 Stat. 614), prohibiting the importation of
opium for other than medicinal purposes, did not repeal that por-
tion of the act of October 1, 1890 (26 Stat. 620, 621), which
relates to the manufacture of smoking opium in the United States.
108.
3. Same. Neither the act of February 9, 1909, nor any other act has
abrogated or dispensed with the necessity of observing each and
all of the requirements of section 37 of the act of October 1, 1890,
as to notices, inventories, bonds, books, returns, etc. Ib.

CONSTRUCTION OF STATUTES-Continued.

4. Same. It is a fundamental and familiar rule that a repeal by implication is never held to take place unless there is an irreconcilable repugnancy between the earlier and later acts, and that if by any permissible construction both may stand and be enforced there is no such repeal. Ib.

5. The word "herein" when employed in an act of Congress ordinarily and unless the context makes necessary a different construction means "in this act." 35.

CONTRABAND.

CONTRACTS.

See ARMS AND MUNITIONS OF WAR.

1. Construction of Naval Vessels-Modification of Contracts.-The Secretary of the Navy may insert in the contracts for vessels constructed under authority of the act of March 4, 1911 (36 Stat. 1265), a provision for making changes in said contracts and for determining the amount of increased or diminished compensation arising therefrom, whether such compensation be of the nature of liquidated or unliquidated damages. 285.

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. Execution of Contract for Printed Facing Slips.-An employee of the postal service who merely executes a contract with the United States, or a department thereof, on behalf of a corporation of which he is president, can not be said to be an agent for the corporation "in any business before the department" within the meaning of section 226 of the Criminal Code, and a contract thus executed may be legally entered into by the Postmaster General for what are known as "printed facing slips" to be used as labels on packages of letters. 199.

4. 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.

89760°-VOL 29-13-40

CONTRACTS-Continued.

5. Same-Disclosure of Confidential Plans.--In making the return of a contract on behalf of the Government, as provided for in sections 3744 and 3745 of the Revised Statutes, it is not required to accompany such contract with copies of plans that are confidential and can not be divulged without detriment to the public interests, and the affidavit may except such plans from the return. Ib.

AMMUNITION. See EIGHT-HOUR LAW, 1, 2, 19, 20.

CARRIAGE OF MAILS. See OCEAN MAIL SERVICE, 1, 2, 5.
CONSTRUCTION OF COLLIERS. See EIGHT-HOUR Law, 3.
FOR DREDGING. See EIGHT-HOUR LAW, 11, 12.

FOR OVERTIME. See EIGHT-HOUR LAW, 6.

PARTIAL PAYMENTS UNDER GOVERNMENT CONTRACTS. See
ATTORNEY GENERAL, 6, 7.

PURCHASE OF SUPPLIES. See EIGHT-HOUR LAW, 9, 10.

WORK CONTEMPLATED BY CONTRACT. See EIGHT-HOUR LAW, 17, 18, 19.

COPYRIGHT LAWS.

1. Date in President's Proclamation.-Under section 8 of the copyright act of March 4, 1909 (35 Stat. 1077), the President is required to determine by proclamation the existence of the reciprocal conditions upon which alien authors and composers may acquire the general privileges under said act, and the date when the reciprocal condition was actually met by the laws of any foreign state or nation is the one which should be inserted in the proclamation. 209.

2. Rights of Alien Authors and Composers.-The provision at the end of section 8 of the copyright act of March 4, 1909 (35 Stat. 1077), which requires the President to determine by proclamation the existence of the reciprocal conditions upon which alien authors and composers may acquire the general privileges under said act, applies equally to the reciprocal condition specified in the proviso to section 1 (e) of that act, upon which an alien may acquire the right of controlling the parts of instruments serving to reproduce mechanically a musical work. 64.

3. Same. Where a German citizen has complied with all the general provisions of the copyright act at any time subsequent to July 1, 1909, the date upon which the act became effective, there was vested in him the rights and privileges set forth in said act, except the right specified in section 1 (e), as Germany had at that time complied with one or more of the conditions enumerated in section 8, subsection (b). Ib.

4. Same. A German citizen who has strictly complied with the provisions of the copyright act at any time between July 1, 1909, the date upon which the law became effective, and September 9, 1910, the date of the proclamation of the President declaring that the citizens of Germany were entitled to the general privileges

COPYRIGHT LAWS-Continued.

of that act, is not only vested with a copyright in his work or composition, but he may maintain an action for any infringement which occurred between said dates.

Ib.

5. Same. With reference to an infringement of the particular right specified in the proviso to section 1 (e) between September 9, 1910, and December 8, 1910, the same principle must apply; but as the proclamation of the President does not recite that this condition had been met prior to the date of the proclamation it would not afford evidence sufficient to sustain an action for infringement between said dates. Ib.

6. Same. A German citizen could not acquire the right specified in the proviso to section 1 (e) of said act prior to September 9, 1910, the date upon which the reciprocal condition provided for therein was complied with by Germany. Ib.

CORPORATION TAX.

1. Returns. Every corporation subject to the tax under the corporation-tax act of August 5, 1909 (36 Stat. 114), must make returns whether or not its net income is large enough to make it liable for any amount of that tax. 217.

2. Same-Compromise of Penalties.-For a mere failure to make such returns in time, in the case of corporations with incomes so limited as not to be liable to the payment of any tax, liberal compromise is a course required by the spirit and policy of the laws of the United States. Ib.

3. Manila Railroad Co.- The Manila Railroad Co., a corporation organized under the laws of New Jersey, and doing business wholly within the Philippine Islands, and operating under a concessionary contract granted by the Philippine Legislature, is liable to the Federal excise tax on corporations, imposed under section 38 of the act of Congress approved August 5, 1909 (36 Stat. 112). 164.

4. Same-Not exempt from United States tax.-The fact that the company is aided in its business by the Philippine Government can not of itself exempt it from the burdens of taxation imposed by the Government of the United States. Ib.

CORPORATIONS.

STATUS OF FOREIGN AND DOMESTIC. See PHILIPPINE ISLANDS, 8, 9, 10.

FOR TRANS-ATLANTIC RADIO-COMMUNICATION. See RADIO-COM