Page. Refund of customs-duties... Re-imbursement of expenses.......... 653, 672 71 Remission of fines, penalties, and forfeitures..... Remission of forfeitures by the Postmaster-General............ Removal of capital of Montana Territory. Removal of territorial officers...... Retired pay of Surgeon-General Finley.. Rock Island bridge................ Saint James Roman Catholic mission... Sea-service of volunteer naval officers. Steamers General Meigs and General Burnside. Suits and prosecutions for frauds... 454 179 462 422 406 259 76 32 12 142 358 375 617 373 84 49 54 95 Testimony of accomplices...... The Chehalis Indian reservation.. The Iowa Railway land-grant.... The Modoc Indian prisoners.. Tonnage-duties... Transportation of the mail..... Transportation under the Treaty of Washington.. Traveling-allowances of United States marshals.. OPINIONS OF HON. GEORGE H. WILLIAMS, OF OREGON. * APPOINTED DECEMBER 14, 1871. LEGISLATIVE ASSEMBLY OF THE DISTRICT OF COLUMBIA. By section 5 of the act of February 21, 1871, chap. 62, all sessions of the legislative assembly of the District of Columbia, called as well as regular, are limited in duration to sixty days. DEPARTMENT OF JUSTICE, SIR: I have considered the question propounded by the governor of the District of Columbia in his letter to you of to-day, which you have been pleased to refer to me, viz, whether the term of any session of the legislative assembly of the District of Columbia, regular or called, except the first session, can be legally continued beyond the term of sixty days. Section 5 of the organic act, to which reference is made, provides, "That no session in any one year shall exceed the term of sixty days, except the first session, which may continue one hundred days." The language of this provision is general, and applies to a called as well as a regular session. I am, therefore, of the opinion that no session of the legislative assembly of *NOTE.-The commission of Judge Williams, as Attorney-General, is dated December 14, 1871. He did not qualify and enter upon the duties of the office, however, until January 9, 1872, up to which time his predecessor, Mr. Akerman, remained in office. Promotions in the Quartermaster's Department. the District can legally continue beyond the term of sixty days. I have the honor to be, very respectfully, your obedient servant, The PRESIDENT. GEO. H. WILLIAMS. NOTE.-By the act of June 20, 1874, chap. 337, the law providing for a egislative assembly for the District of Columbia was repealed. PROMOTIONS IN THE QUARTERMASTER'S DEPARTMENT. Vacancies created in the Quartermaster's Department by the act of July 28, 1866, chap. 299, from above the rank of assistant quartermaster to that of colonel, were required to be filled by promotion according to seniority, except in case of disability or other incompetency. The Army Regulations of 1863, in regard to promotions in the Army, have, by virtue of section 37 of the said act, the force of law. The words "all vacancies," used therein, cannot be rightfully construed to apply to vacancies occurring in a particular way only, but they include a vacancy that arises on the creation of a new office as well as one that happens by the resignation or death of an incumbent. DEPARTMENT OF JUSTICE, SIR: I have the honor to acknowledge the receipt of your letter of the 12th instant, inclosing a memorial from certain persons to the Senate of the United States; and I understand that you submit for my opinion the following question: Are vacancies in the Quartermaster's Department, above the rank of assistant quartermaster to that of colonel, created by the act of July 28, 1866, (14 Stat., 334,) to be filled by promotion according to seniority, or at the option of the President by and with the advice and consent of the Senate? Section 1 of the act of March 3, 1851, (9 Stat., 618,) provides, "That all promotions in the staff department, or corps, shall be made as in other corps of the Army." Paragraph 19 of the Army Regulations (edition of 1863) provides, that "All vacancies in the established regiments and corps to the rank of colonel shall be filled by promotion according to seniority, except in case of disability or other incompetency." Promotions in the Quartermaster's Department. Section 13 of the act of July 28, 1866, above referred to, enacts as follows: "That the Quartermaster's Department of the Army shall hereafter consist of one Quartermaster-General, with the rank, pay, and emoluments of brigadier-general; six assistant quartermasters-general, with the rank, pay, and emoluments of colonels of cavalry; ten deputy quartermasters-general, with the rank, pay, and emoluments of lieutenant-colonels of cavalry; fifteen quartermasters, with the rank, pay, and emoluments of majors of cavalry; and fortyfour assistant quartermasters, with the rank, pay, and emoluments of captains of cavalry; and the vacancies hereby created in the grade of assistant quartermaster shall be filled by selection from among the persons who have rendered meritorious services as assistant quartermasters of volunteers during two years of the war," &c. Section 37 of the same act provides that the existing regulations shall remain in force, or until Congress shall have acted on a report from the Secretary of War which is provided for in said act. No action has been taken by Congress in reference to any such report, and therefore the regula tions referred to, by virtue of said section 37, have the force of law. Putting section 1 of the act of March 3, 1851, and the 19th paragraph of the Army Regulations, above cited, together, and they declare, in effect, that "All vacancies in the Quartermaster's Department to the rank of colonel shall be filled by promotion according to seniority, except in case of disability or other incompetency." No act of Congress can be found changing this regulation as to appointments. The only question, therefore, is as to whether or not the words "all vacancies" include a vacancy arising from the creation of an office. When an act of Congress makes a new office, it is usual and proper to say that it is vacant, until some one enters into the exercise of its functions. "All vacancies" is a very comprehensive form of expression, and cannot be rightfully construed to exclude a class of vacancies occurring in a particular way. Vacancies arise when persons holding office die or resign, and they also arise when new offices are created; and while there is nothing in the letter, there seems to be noth |