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Official mail matter of Smith

sonian tion

envelopes.

day of December following the expiration of their respective terms of office. Sec. 7, ibid.

Sec 3, July 5, 267 The provisions of the fifth and sixth sections of the 1884. v. 23, p. 158. Extension of act entitled "An act establishing post-routes, and for other franking privi lege. purposes" approved March third, eighteen hundred and seventy-seven, for the transmission of official mail-matter, be, and they are hereby, extended to all officers of the United States Government, not including members of Congress, the envelopes of such matter in all cases to bear appropriate indorsements containing the proper designation of the office from which or officer from whom the same is transmitted, with a statement of the penalty for their misuse. And the provisions of said fifth and sixth sections are hereby likewise extended and made applicable to all official mail-matter of the Smithsonian Institution: ProInstitu vided, That any Department or officer authorized to use Return penalty the penalty envelopes may inclose them with return address to any person or persons from or through whom official information is desired, the same to be used only to cover such official information, and indorsements relating thereto : Mail matter of Provided further, That any letter or packet to be regispartments, etc., tered by either of the Executive Departments, or Bureaus thereof, or by the Agricultural Department, or by the Public Printer, may be registered without the payment of any registry fee; and any part-paid letter or packet addressed to either of said Departments or Bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional, such letter or packet shall be returned to the sender: Provided further, That this act shall not extend or apply to pension agents or other officers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirty nine hun dred and fifteen of the Revised Statutes of the United States, so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed. Sec. 3, act of July 5, 1884 (23 Stat. L., 158).

Executive De

may be regis tered free

Postmaster

General to con

velopes for Ex

ments

Sec 96 Jan 12,

PURCHASE OF ENVELOPES FOR USE OF THE EXECUTIVE
DEPARTMENTS.

268. The Postmaster-General shall contract for all enveltract for all en opes, stamped or otherwise, designed for sale to the public, ecutive Depart or for use by his own or other Departments, and may contract for them to be plain or with such printed matter as 1895, v 28, p 624 may be prescribed by the Department making requisition therefor: Provided, That no envelope furnished by the Government shall contain any business address or advertisement. Sec. 96, act of January 12, 1895 (28 Stat. L., 624).

ESTABLISHMENT OF POST-OFFICES AT MILITARY CAMPS.

of post-offices at

268a. During the continuance of the existing war the Postmaster-General may, 13 his discretion, establish a tem- Establishment porary post-office at any military post or camp for the pur-military camps. pose of supplying the officers and troops there encamped June 6,1898, v. 30. with mails, the location of which post-office may at any time be changed to any other post or camp. On the establishment of such post-office he shall cooperate with the Secretary of War or officer commanding such post or camp for the purpose of securing the detail of an officer of the Regular or Volunteer Army of suitable rank to act as postmaster, who shall, when the exigency will permit, execute a bond to the United States as such, and of a sufficient number of noncommissioned officers and privates to act as clerks in said post-office, who shall serve as such without additional salary, pay, or compensation other than that attaching to their rank and position in the Army. Each of said persons shall, before entering upon the discharge of his duties, take the oath prescribed for 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 thirty-eight 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.

opes, etc., to be

ibid.

The Postmaster-General shall supply to post-offices re- Stamps, envel ferred to in the preceding section all necessary postage supplied. Soc. 2, stamps, stamped envelopes, postal cards, and other sup plies of whatever description. He may also prescribe regulations for the conduct of the business at such postoffices in conformity, so far as the same may be applicable, to the regulations relating to the ordinary postal service. Section 2, ibid.

In any case where, in the judgment of the PostmasterGeneral, 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. Section 3, ibid.

For form of oath see paragraph 258, ante. This oath may be administered by any military officer. See section 392, Revised Statutes, paragraph 259, ante.

Branch postoffices. Sec. 3, ibid.

CHAPTER VII.

THE DEPARTMENT OF JUSTICE-HABEAS COR-
PUS-THE COURT OF CLAIMS.

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269. There shall be at the seat of Government an Execu tive Department to be known as the Department of Jus tice, and an Attorney-General, who shall be the head, thereof.

June 22, 1870 c 150 s 1 16 p 162.

Establishment of Department of

Justice.
Sept 24. 1789. c.

20 8 35 v 1 p 92,
Sec. 346, R. S.

Solicitor Gen

eral.

June c.

v 23 p 192.
Sec. 347, R. S.

270. There shall be in the Department of Justice an offi cer learned in the law, to assist the Attorney-General in the performance of his duties, called the Solicitor-General, 122, 1870 0. who shall be appointed by the President, by and with the 16 July 7 1884. 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.

be purchased by

468.

Sec. 355, R. S.

Title to land to 271. No public money shall be expended upon any site the United States. Or land purchased by the United States for the purposes Sept. 11, 1841. Res. No.6, v. 5, p. of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the 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.'

Duties of At torney-General.

Sec. 354, R. S.

Opinion of At torney-General

272. The Attorney-General shall give his advice and opinion upon questions of law, whenever required by the President.

273. 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." 150, s. 6, v 16, p 163. Sec. 356, R. S.

of law.

Legal advice

to Departments

of War

Navy.

150, s 6, v. 16, p.

163.

274. Whenever a question of law arises in the adminisand tration of the Department of War or the Department of June 22, 1870, c. the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the DepartSec. 357, R. S. ment may require advice, it shall be sent to the AttorneyGeneral, to be by him referred to the proper officer in his Department, or otherwise disposed of as he may deem proper.

Reference of questions by At

to subordinates.

170, s. 4, v. 16, p 162.

275. Any question of law submitted to the Attorneytorney General General for his opinion, except questions involving a conJune 22, 1870. c struction of the Constitution of the United States, may be by him referred to such of his subordinates as he may deem Sec. 358, R. S. 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

The Attorney-General in certifying the title of land purchased by the Govern ment must look at the question as one of pure law, and can not relax the rules of law on account either of the desirableness of the object or the smallness of the valne of the land. 6 Opin. Att. Gen.. 432. See, also, the chapters entitled THE PUBLIC LANDS, CONTRACTS AND PURCHASES, AND THE CORPS OF ENGINEERS.

The Attorney-General is not authorized to give an official opinion in any case, except on the call of the President or some one of the heads of Departments I Opin Att. Gen., 211. Subordinate officers of the Government who desire an official opinion of the Attorney-General must seek it through the head of the Department to which they are accountable. Ibid.

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