to order docu Limit. Bills and resolutions. Heads of Executive Departments shall direct whether reports made to them by bureau chiefs and chiefs of divisions shall be printed or not. Departments SEC. 90. The heads of Executive Departments, and such ments required. executive officers as are not connected with the Departments, respectively, shall cause daily examination of the Congressional Record for the purpose of noting documents, reports, and other publications of interest to their Departments, and shall cause an immediate order to be sent to the Public Printer for the number of copies of such publi. cations required for official use, not to exceed, however, the number of bureaus in the Department and divisions in the office of the head thereof. The Public Printer shall send to each Executive Department and to each executive office not connected with the Departments, as soon as printed, five copies of all bills and resolutions, except the State Department, to which shall be sent ten copies of bills and resolutions. When the head of a Department desires a greater number of any class of bills or resolutions for official use, they shall be furnished by the Public Printer on requisition promptly made. Form, etc., of reports. Departmental distribution. Work for Departments, etc. cost. SEC. 91. The annual reports of executive officers shall be printed in the same type and form as the report of the head of the Department which it accompanies, unless otherwise ordered by the Joint Committee on Printing. SEC. 92. Government publications printed for or received by the Executive Departments, whether for official use or for distribution, shall be distributed by a competent person detailed to such duty in each Department by the head thereof. He shall keep an account in detail of all publications received and distributed by him. He shall prevent duplication, and make detailed report to the head of the Department, who shall transmit the same annually to Congress. SEC. 93. When any Department, the Supreme Court, the Court of Claims, or the Library of Congress shall require printing or binding to be done, it shall be on certificate that such work be necessary for the public service; whereupon Estimate of the Public Printer shall furnish an estimate of the cost by the principal items for such printing or binding so called for, after which requisitions shall be made upon him therefor by the head of such Department, the Clerk of the Supreme Court, Chief Justice of the Court of Claims, or the Librarian of Congress; and the Public Printer shall place the cost thereof to the debit of such Department in its annual appropriation for printing and binding. Requisitions. Restriction of SEC. 94. No head of any Executive Department, or of any printing. bureau, branch, or office of the Government, shall cause to be printed, nor shall the Public Printer print, any document or matter except that which is authorized by law and necessary to the public business; and executive officers, before transmitting their annual reports, shall carefully examine the same and all accompanying documents, and Excluding un- exclude therefrom all matter, including engravings, maps, drawings, and illustrations, except such as they shall cer necessary mat ter. tify in their letters transmitting such reports are necessary and relate entirely to the transaction of the public business. SEC. 95. Heads of Departments are authorized to exchange surplus documents for such other documents and books as may be required by them, when the same can be done to the advantage of the public service. Exchange of documents. General to con SEC. 96. The Postmaster-General shall contract for all Postmasterenvelopes, stamped or otherwise, designed for sale to the tract for all enpublic, or for use by his own or other Departments, and velopes. may contract for them to be plain or with such printed matter as may be prescribed by the Department making requisition therefor: Provided, That no envelope furnished Proviso. by the Government shall contain any business address or ments. advertisement. Advertise etc. SEC. 97. All blanks and letter heads for use by the judges Judicial blanks, and other officials of the United States courts other than such as are required to be paid for by any of these officers out of the emoluments of their offices shall be printed at the Government Printing Office upon forms prescribed by the Department of Justice, and shall be distributed by it upon requisition. SEC. 98. The libraries of the eight Executive Depart-Documents to Department, etc., ments, of the United States Military Academy, and United libraries. States Naval Academy are hereby constituted designated depositories of Government publications, and the superintendent of documents shall supply one copy of said publications, in the same form as supplied to other depositories, to each of said libraries. etc., in the Bu That the Secretary of the Treasury, at the request of a Dec. 21, 1879. Senator, Representative, or Delegate in Congress, the head Impressions of a Department, or Bureau, art association or library, be from vignettes, and he is hereby authorized to furnish impressions from reau of Engrav any portrait or vignette which is now, or may hereafter be, "Dec. 22, 1879, Y. ing and Printing. a part of the engraved stock of the Bureau of Engraving 21, p. 59. and Printing, at such rates and under such conditions as he may deem necessary to protect the public interests. Sec. PUBLIC OR DEPARTMENT RECORDS. 213. State Department records. 883. Transcripts from books of the Treas- 887. Transcripts in indictinents for embezzlement. Sec. 888. Copies of returns in returns-office. SEC. 213. For making out and authenticating copies of records in the Department of State, a fee of ten cents for each sheet containing one hundred words shall be paid by of the person requesting such copies, except where they are 6, requested by an officer of the United States in a matter relating to his office. Title 5. Fees for copies records. v. 1, p. 69. Sept. 15, 1789, s. Title 13, chap.17. SEC. 882. Copies of any books, records, papers, or docCopies of De- uments in any of the Executive Departments, authenticated partment records under the seals of such Departments, respectively, shall be Sept. 15, 1789, s. admitted in evidence equally with the originals thereof. 5, v. 1, p. 69; Feb. and papers. 22, 1849, s. 3, v. 9, p. 347; May 31, 1854, s. 2, v. 10, p. 297. See note 1. Copies of rec ords, etc., in of SEC. 883. Copies of any documents, records, books, or fice of Solicitor of papers in the office of the Solicitor of the Treasury, certithe Treasury. fied by him under the seal of his office, or, when his office is vacant, by the officer acting as Solicitor for the time, shall be evidence equally with the originals. Feb. 22. 1849, s. 2, v. 9, p. 347. Transcripts from books, etc., delinquents. SEC. 886. When suit is brought in any case of delinof the Treasury. quency of a revenue officer, or other person accountable in suits against for public money, a transcript from the books and proceedMar. 3, 1797, s. ings of the Treasury Department, certified by the Register 1, v. 1, p. 512; and authenticated under the Seal of the Department, or, when the suit involves the accounts of the War or Navy Departments, certified by the Auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admit Mar. 3, 1817, s. 11, v. 3, p. 367. See note 2. Note 1.-The heads of the Departments are not bound to produce papers or dis close information communicated to them where, in their judgment, the disclosures would, on public considerations, be inexpedient. (Op., XI, 137, Speed.) In general, only such communications as are made in the course of their official duties by the persons making them come within the rule of privileged communications, and are confidential under all circumstances. Other cases may occur (stated in this opinion) in which a Department would be justified in representing to a court that upon public considerations it declined to furnish such cominunications. (Op., XV, 415, Devens, Dec. 17, 1877. See also XV, 378.) In furnishing copies a distinction will properly be made between documents in the nature of permanent records, such as general or special orders, muster rolls, discharges of soldiers, commissions of officers, &c., and the reports and communi cations of officers addressed to military superiors or to the Secretary of War in the line of their official duty. The latter are generally regarded as privileged commu nications which even the courts, on grounds of public policy, will in general hold to be incompetent testimony, and of which they will refuse to require the produc tion in evidence. (Winthrop's Digest, p. 350.) An official memorandum indorsed on an account as a direction to his subordinates by the head of a Department is not a matter of record of which the public or persons dealing with the Department must take notice. (C. C., XIII, 72.) All collections of natural history and the like, and all field notes and other like local information, taken or obtained by any public officer, civil or military, in the line of his duty, belong to the Government. They may lawfully make collections and take notes for their own use, provided the same be done without neglect of public duty or expense to the Government, and provided also that it be done without violation of superior order in their respective Departments. (Op., VI, 599, Cushing, 24 June, 1854.) The records of an Executive Department need not be produced in evidence in court, but their contents may be shown by authenticated copies. (C. Č., II, 451. Nock's case. But see Op.) A party can not, by replevin, take papers from the public archives on the allegation of their being private property, by a writ against the head of a Department or other public officer. The archives are in the possession of the United States. (Op., VI, 8, Cushing, March 25, 1853.) Recommendations for office are not papers or documents required to be kept by the Departments in which they are deposited-filed for the convenience of applicants who are allowed to withdraw them whenever they desire to do so. Such applicants can properly be permitted to see objections that may have been filed against themselves (subject to the limitation, however, that the permission should only be given where the communication is not in its nature privileged) in order that they may, if possible, answer or remove them. The files of the Departments ought not to be submitted to a search, upon the application of a newspaper, with a view to ascertain what persons have been recommended for office by a certain Senator and Representa tive in Congress. Copies of such papers should not be furnished unless the applicant appears himself to have been directly affected by the writing of a letter of which he demands a copy. (Op., 342, Devens, July 28, 1877.) Note 2.-The account of a delinquent officer, as finally adjusted by the accounting officers, is not admissible as evidence under sec. 886, R. S., unless it be certified and authenticated to be a transcript from the books and proceedings of that Department. A certificate that the transcript annexed is a copy of the original on file is the form used in reference to mere copies of bonds, contracts, or other papers connected with the final adjustment. (Otto, 102, 548.) ted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the Register, or by such Auditor, as the case may be, to be true copies of the originals on file, and authenticated under the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads "non est factum," or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper specified in such affidavit. indictments for Aug. 6, 1846, s. SEC. 887. Upon the trial of any indictment against any Transcripts in person for embezzling public moneys, it shall be sufficient embezzlement of evidence, for the purpose of showing a balance against such public moneys. person, to produce a transcript from the books and pro- 16, v. 9, p. 63; ceedings of the Treasury Department, as provided by the Mar. 2, 1797, 8. 1. preceding section. SEC. 888. A copy of any return of a contract returned and filed in the returns-office of the Department of the Interior, as provided by law, when certified by the clerk of the said office to be full and complete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by such officer in making his return of any contract, as required by law, to said returns office. v. 1, p. 512. turns in returns office. 4, June 2, 1862, s. v.12, .412 See sec. 3744, Contracts. Copies of rec. fice of United ords, etc., in of States consuls, etc. SEC. 896. Copies of all official documents and papers in the office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, certified under the hand and seal, of such officer, shall be admitted in evidence in the courts of the United States. Jan. 8, 1869, v. 15, p. 266. See sec. 1707, Diplomatic and Consular Officers, Division IV. Little & Brown's edition Aug. 8, 1846, s. SEC. 908. The edition of the laws and treaties of the United States, published by Little & Brown, shall be com- of the statutes petent evidence of the several public and private acts of to be evidence. Congress, and of the several treaties therein contained, in 2, v. 9, p. 76. all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof. Title 19. ments, etc. SEC. 1778. In all cases in which, under the laws of the United States, oaths or acknowledgments may now be taken Taking oaths, or made before any justice of the peace of any State or acknowledg Territory, or in the District of Columbia, they may here- Sept. 16, 1850.v. after be also taken or made by before any notary public duly 9, p. 458; July 29, appointed in any State, district, or Territory, or any of the 315. 1854, s. 1, v. 10, p. commissioners of the circuit courts, and when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. Title 11, chap. 8. SEC. 512. The Secretary of the Interior shall from time Returns office. to time provide a proper apartment, to be called the Returns June 2, 1862, s. Office, in which he shall cause to be filed the returns of conSee secs. 3744- tracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. 4. v. 2, p. 412. 3747, Contracts. Clerk to file re turns. Idem. Indexes. Copies of re turns. Idem. Title 70, chap. 4. ords. 4, v. 10, p. 170. See sec. 5408. SEC. 513. The clerk of the Returns Office shall file all returns made to the office, so that the same may be of easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. SEC. 514. The clerk of the Returns Office shall provide and keep an index-book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index-book and returns to any person desiring to inspect it. SEC. 515. The clerk of the Returns Office shall furnish copies of such returns to any person paying therefor at the rate of five cents for every one hundred words, to which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return. SEC. 5403. Every person who willfully destroys or atDestroying, tempts to destroy, or, with intent to steal or destroy, takes etc., public rec- and carries away any record, paper, or proceeding of a Feb. 26, 1853, e. court of justice, filed or deposited with any clerk or officer of such court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment, at hard labor, not more than three years, or both. Destroying in charge. Idem, s. 5. SEC. 5408. Every officer having the custody of any recrecords by officer ord, document, paper, or proceeding specified in section fifty-four hundred and three, who fraudulently takes away, or withdraws, or destroys any such record, document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dollars, or suffer imprisonment at hard labor not more than three years, or both; and shall, moreover, forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States. |