Timber Unlawfully Cut on Indian Lands.
the supervision of the Secretary of the Interior, and that the authority to sell such timber necessarily followed from the power over the public lands given those officers by section 453 of the Revised Statutes.
Concurring, as I do, in those conclusions and the reasoning supporting them, I am of opinion that the timber now in question may be sold, but that the sale should be made by the Commissioner of the General Land Office under the supervision of the Secretary of the Interior.
The timber having been cut on lands which are none the less public because incumbered by the Indian right of occupancy, its preservation and sale would seem to belong to the Commissioner of the General Land Office, who is required to perform, under the direction of the Secretary of the Interior, all executive duties "in any wise respecting" the public lands (R. S., sec. 453). Indeed, Congress has removed all doubt on the subject by repeatedly recognizing the authority of the Secretary of the Interior, through the General Land Office, to seize timber unlawfully cut on the public lands, by appropriations to pay the agents employed from time to time to make such seizures (Wells v. Nickles, 104, U. S. R., 447).
It sufficiently appears, therefore, that the Indians have no interest in this timber, and that it in no way appertains to the Indian Bureau or its agents to assume charge of the same. The second question is answered already; it being clear, if the above reasoning is sound, that the proceeds of the timber, when sold, will belong to the Government absolutely. This, I think, disposes of both questions.
Very respectfully, yours,
The SECRETARY OF THE INTERIOR.
ACCOUNTS AND ACCOUNTING OFFICERS.
1. The adjustment of accounts for expenditures of the Post-Office De-
partment under the legislative, executive, and judicial appro-
priation bill can be done by such accounting officers in the
Treasury Department as the Secretary of the Treasury may as-
sign to that duty. It is not required by statute to be performed
by the Sixth Auditor. 30.
2. The Secretary of the Treasury can not legally, by departmental
order, change a practice or course of office prescribed by statute
for the settlement of accounts. 177.
3. A person to whom a pension certificate was granted as the widow
of a soldier in the war of the rebellion was also granted a pension
certificate as the widow of a soldier in the war of 1812, and drew
pensions upon both certificates from March 9, 1878, to December
3, 1883. The Commissioner of Pensions, on discovering this, re-
required her to make an election, and she having elected to hold
the first-mentioned certificate, he ordered the amount which had
been paid to her upon the other certificate to be withheld in in-
stallments of $6 per month from payments thereafter, and issued
an order to the pension agent accordingly: Advised that the order
made in this case, being within the general jurisdiction of the
Commissioner, is obligatory on the pension agent, and that the
accounting officers of the Treasury have no power to disallow
payments made by the agent pursuant thereto. 214.
4. It is not within the province of the accounting officers of the Treas-
ury, upon learning of any order made by the Commissioner of
Pensions to a pension agent for the payment of pensions, to notify
such agent of what their decision will be upon his account when
rendered. 215.
5. The payment of accounts of land-gra nt railroads (i. e., such as have
not received aid in Government bonds) for Army transportation,
under the appropriation act of September 22, 18-8, chapter 1027,
is not controlled by the proviso in the acts of June 30, 1882, chap-
ter 250, and August 5, 1882, chapter 390, but is governed by the
provisions of the act of 1888 alone; and under these provisions
such accounts can be lawfully paid by a quartermaster without
previous action thereon by the accounting officers of the Treas-
ury. 264.
6. The Secretary of the Treasury has power, under section 161, Re-
vised Statutes, to make a regulation which prescribes that the
ACCOUNTS AND ACCOUNTING OFFICERS-Continued.
oaths to be taken by an officer of the Revenue Marine Service,
or an officer or employé in any branch of the customs service, to
the correctness of his account for pay or salary, as required by
sections 1790 and 2693, Revised Statutes, shall be taken before
some person authorized to administer oaths generally. 401.
7. The fee paid by the officer or employé in such case for administer-
ing the oath does not constitute a proper charge against the Uni-
ted States, and if charged in his account should not be allowed
in the settlement thereof. Ibid.
8. P. served as a cadet at the Military Academy from July 1, 1865, to
June 15, 1859, when he was appointed a second lieutenant, and
has ever since served as a commissioned officer in the Army. In
February, 1884, he presented a claim for increased longevity pay
under any law allowing credit for cadet service, and by settle-
ments made in April, 1885, he was allowed an increase commenc-
ing from February 24, 1881, on a construction of law since de-
clared by the Supreme Court, in the case of United States v. Wat-
son (130 U. S., 80), to be erroneous. After the decision in that
case (March 11, 1889) he filed a claim for longevity pay due under
said decision: Held that the settlements made in April, 1885, can
not be reopened upon the ground that they proceeded on a mis-
taken view of the legislation governing the subject involved.
9. The first clause of section 3622, Revised Statutes, which requires
the rendition of accounts monthly, is applicable to every officer
who receives advances of public money to be disbursed, and also
to every officer who collects and receives fees and revenues
which it is his duty to account for. 557.
10. The requirement that officers render their accounts monthly is not
subject to the direction of the Secretary of the Treasury, except-
ing in extraordinary cases, where he shall be of opinion that the
statutory period ought to be enlarged to meet the special cir-
cumstances of such cases. Opinion of Attorney-General Devens
of December 2, 1878 (1C Opin., 222), concurred in. Ibid.
11. The accounting officers of the Treasury should allow a paymaster
of the Army credit for payment to a soldier of his retained pay
under section 1281, Revised Statutes, where the latter has re-
ceived an honorable discharge, although it may appear that
after enlisting the soldier deserted, but was restored to duty
without trial and served out the full term of his enlistment. 567.
ACCRUED PENSION.
See PENSION, 1, 2, 6, 7.
AD INTERIM APPOINTMENT.
See APPOINTMENT, 6.
ADJUSTMENT OF RAILROAD LAND-GRANTS.
See RAILROAD LAND-GRANTS, ADJUSTMENT OF.
ADMINISTRATOR.
Where a resident on the naval reservation at Pensacola, Fla., died
intestate, possessed of certain property, which is in the hands
of the commandant of the yard: Adrised that the local probate
court of the State may properly exercise jurisdiction over the
case, and that on the appointment thereby of an administrator
of the estate of the deceased the property in the hands of the
commandant belonging to such estate should be turned over to
the administrator. 176.
ADMIRAL'S SECRETARY.
See APPOINTMENT, 9.
Section 853, Revised Statutes, is superseded by the act of June
20, 1877, chapter 359, as regards the payment for advertisements
by the several Departments of the Government. 59.
See CONTRACT, 3, 4; STATUTES, INTERPRETATION OF, 4.
1. The laws relating to national banking associations are by virtue
of the act of May 18, 1884, chapter 53, in force in the Territory
of Alaska, and such associations may be lawfully organized in
that Territory. 678.
2. Alaska is a Territory within the meaning of sections 2 and 3 of the
act of April 25, 1890, chapter 156, and, as such, is entitled there-
under to be represented by two Commissioners in the World's
Columbian Commission. 700.
1. The provisions of the act of March 3, 1887, chapter 340, forbidding
aliens who have not declared their intention to become citi-
zens, and alien corporations, to acquire, hold, or own real estate
in the Territories, etc., apply to mines, these being real es-
tate. 26.
2. But stock in a corporation is personalty, and consistently with
those provisions an alien may hold shares of stock issued by an
American corporation owning mineral lands in the Territories;
yet where the holding by aliens exceeds 20 per cent. of its stock,
such corporation can neither own nor hold hereafter-acquired
real estate while such holding by aliens in excess of 20 per cent.
continues. Ibid.
3. So an alien may hereafter advance money for the purpose of de-
veloping mining property in the Territories; but he can not
thereby acquire any interest in such real estate. Ibid.
4. An alien may lawfully contract with an American owner to work
mines by a personal contract, contract for hire, or a bona fide
lease for a reasonable time.. Ibid.
ALLOTMENT AND ALLOTTEE.
See INDIANS AND INDIAN LANDS, 1, 11, 13, 15, 16, 17, 21, 22, 23, 24.
ALTERATION OF LICENSE.
See STEAM ENGINEERS, 2.
AMERICAN SURETY COMPANY OF NEW YORK.
The consideration and determination of appeals to the Secretary of
the Interior from the Commissioner of the General Land Office
may be made by the Assistant Secretary of the Interior, under a
regulation prescribed by the Secretary, pursuant to section 439,
Revised Statutes. 133.
1. A vacancy in an office which happens during a session of the Sen-
ate, but remains unfilled until a recess of the Senate occurs, may
be filled by the President during such recess by a temporary ap.
pointment. 261.
2. The rule is the same in the case of a new office, which is not filled
during the session in which it was created. The President may
fill the original vacancy existing therein by a temporary appoint-
ment made during the recess of the Senate. Ibid.
3. A retired officer of the Army is not ineligible to hold an appoint-
ment to a civil office. 283.
4. By section 1754, Revised Statutes, it is made the duty of those
making appointments to civil offices to give a preference, other
things being equal, to the class of persons named in that section;
but the matter of capacity and personal fitness for the place is
for the determination of the appointing power. 318.
5. T. was appointed a railway postal clerk by the Postmaster General
on April 29, 1889, without having undergone a civil-service ex-
amination (none being then required for such appointment), but
he did not take the oath of office and enter upon its duties until
May 18, 1889. In the mean time, namely, on May 1, 1879, civil-
service rules for the Railway Mail Service went into effect, re-
quiring an examination thereunder as a preliminary to making an
appointment like the above: Held that T. was legally appointed
on April 29; that his appointment was complete on that date,
although he did not qualify by taking the oath of office until af-
terwards; and that no examination under the civil-service rules
was required in his case. 410.
6. The vacancy in the office of Paymaster-General, created by the re-
tirement of General William B. Rochester, may be filled by an
ad interim appointment under the provisions of section 179, Re-
vised Statutes. 500.
7. Upon the facts submitted: Adrised that the appointment of certain
railway transfer clerks, who had not been examined and certi-
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