U. S. (1921) 257 U. S. 77, 42 S. Ct. 9, 66 L. See, also, U. S. v. Garlinger (Ct. Cl. Johnston 14. Compensation.-Power to decrease salaries under Act March 4, 1909, c. 314, 35 Stat. 1065 (superseded), see Cochnower v. U. S. (1919) 248 U. S. 405, 39 S. Ct. 137, 63 L. Ed. 328, reversing (1916) 51 Ct. Cl. 461. 15. Storekeeper.—It was within the power of Congress to confer upon the Secretary of the Treasury the power of appointment and removal of a storekeeper in the customs service. Eberlein v. U. S. (1921) 257 U. S. 82, 42 S. Ct. 12, 66 L. Ed. 140, affirming (1918) 53 Ct. Cl. 466. 16. Compensation of night watchmen.Statutes authorizing the secretary of the treasury to appoint night inspectors of customs and night watchmen at per diem rates below a certain amount, were held to include the right to pay them at discretion a certain sum per annum within an equivalent of that per diem rate of pay. Johnston v. U. S. (1902) 37 Ct. Cl. 309. 2733 Meaning of the word "day" in R. S. § (now superseded), providing for compensation for an inspector "for every day he shall be actually employed," as applied to night watchman, see U. S. v. Garlinger (Ct. Cl. 1898) 169 U. S. 316, 18 S. Ct. 364, 42 L. Ed. 762. 17. Prohibition agents.-R. S. § 2630 (superseded in part by this section) cited as throwing light on powers of prohibition agent. Steele v. U. S. (N. Y. 1925) 45 S. Ct. 417, 267 U. S. 505, 69 L. Ed. 761. Cited without specific application.Wynne v. U. S. (Hawaii, 1910) 30 S. Ct. 447, 450, 217 U. S. 234, 54 L. Ed. 748. 87. Assistants; solicitor to collector of port of New York; appointment and compensation. The collectors of customs, comptrollers of customs, surveyors of customs, and appraisers of merchandise shall each, with the approval of the Secretary of the Treasury, appoint a customs officer familiar with the customs laws and procedure, to act and be known as the assistant collector, the assistant comptroller, the assistant surveyor, and the chief assistant appraiser (in lieu of the special deputies), and the Secretary of the Treasury shall fix their compensation. The collector of customs at the port of New York, shall also, with the approval of the Secretary of the Treasury, appoint a customs officer qualified in the law and familiar with customs procedure, to act and be known as solicitor to the collector, whose compensation shall likewise be fixed by the Secretary of the Treasury. (Mar. 4, 1923, c. 251, § 3, 42 Stat. 1453.) § 8. Vacancies; how filled. In case of a vacancy in the office of a collector of customs, comptroller of customs, surveyor of customs, or appraiser of merchandise, such assistant collector, assistant comptroller, assistant surveyor, or chief assistant appraiser shall give bond when required, act as such officer, and receive the compensation of such office until an appointment thereto has been made and the person so appointed has duly qualified. Whenever a vacancy occurs in the position of such assistants, chief assistant, and solicitor to the collector, herein provided for, it shall be filled, with the approval of the Secretary of the Treasury, by the promotion or transfer of a trained and qualified customs officer, and the assistant, chief assist ant, and solicitor to the collector so appointed shall continue in office and shall not be reduced or removed except for cause and in accordance with the civil service laws and regulations. (R. S. § 2629; Mar. 3, 1905, c. 1413, § 1, 33 Stat.'983; Mar. 4, 1923, c. 251, § 4, 42 Stat. 1453.) Historical Note See historical note under section 4 of this title. R. S. 2629, provided as follows: "In case of the disability or death of a surveyor, the collector of the district may authorize some fit person to perform his duties and exercise his powers; and the powers of the person so authorized shall continue until a successor is duly appointed, and ready to enter upon the ex ecution of his office." It was probably omitted as superseded by this section. Act March 3, 1905, c. 1413, §§ 1, 2, 33 Stat. 983, relative to vacancies in the office of appraiser or assistant appraiser, and providing for the appointment of an assistant appraiser, in case of the sickness, disability, or occasional and necessary absence of an appraiser, were also probably omitted as superseded by this section. § 9. Performance of duties in case of disability. In case of the disability of a collector, the duties and authorities vested in him shall devolve on his assistant, if any there be at the time of such disability, for whose conduct the estate of such disabled collector shall be liable; and, if there be no assistant, they shall devolve upon the comptroller of the same district, if any there be; and if there be no comptroller, they shall devolve upon the surveyor at the port designated as the district headquarters, if any there be. (R. S. § 2625; Mar. 4, 1923, c. 251, § 3, 42 Stat. 1453.) Historical Note This section of the Revised Statutes provided that in case of the disability "or death" of the collector, the duties and authorities vested in him should devolve on his "deputy" and, if there was no deputy, then on the "naval officer" of the district, and, if there was no naval officer, then on the surveyor of the port appointed for the residence of the disabled or deceased collector, and, if there was no such surveyor, then on the surveyor of the port nearest thereto, and within the district. The words "or death" were probably omitted as superseded by Notes of 1. Resignation of collector.-The term "disability" is comprehensive enough to embrace any cause whereby the surveyor becomes no longer capable of discharging the duties of his office, and in this sense it includes the case of a resignation. (1873) 14 Op. Atty. Gen. 260. To the same effect, see (1877) 15 Op. Atty. Gen. 399. 2. Office in abeyance.-Where the office of collector of customs was in "abeyance" it was held, in view of Rev. St. 1769 (repealed), that the duties thereof, whilst it remains in abeyance, might lawfully be performed by the officers specified herein. (1877) 15 Op. Atty. Gen. 398. The authority to exercise the duties of the office in that case was, however, not Act March 4, 1923, c. 251, § 4, 42 Stat. 1453, embraced in section 8 of this title. Section 3 of that act (section 7 of this title) provided for the appointment of assistant collectors in lieu of special deputies. Act Sept. 21, 1922, c. 356, Title IV, § 523, 42 Stat. 974 (section 38 of this title), provided that naval officers should be known as comptrollers of customs. The provisions concerning surveyors were probably changed because of the reorganization of the customs service under Act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434 (section 1 of this title). Decisions imparted by this section, but by section 1769, R. S. (repealed). Id. 3. Removal from office.-Upon removal of the collector from office the authority of his deputy ceases; and in such a case the duties of the collector do not devolve upon the naval officer, but the statute contemplates that the vacancy caused by the removal will be immediately filled up by an appointment. (1842) 4 Op. Atty. Gen. 26. 4. Emoluments of office.-The emoluments of the office of collector accruing after his death, he having duly appointed a deputy, do not belong to the estate of the collector. Merriam v. Clinch (C. C. N. Y. 1867) 6 Blatchf. 5, 17 Fed. Cas. No. 9,460. 5. Surveyor.-If there be no collector of the port of Galena, Ill., and all the duties of that office are imposed upon the surveyor of customs, then his acts done in performance of the duties and functions of the office of collector of the port are as valid and effective as if done by a collector of the port. His certificate, in conjunction with that of the local inspector of steamboats, is sufficient to authorize the Secretary of War to draw his warrant as provided in the act of Congress authorizing the city of Galena, Ill., to complete certain improvements of the channel of the Galena river. (1894) 20 Op. Atty. Gen. 700. 6. Deputy collectors.-See section 6 of this title, post, as to appointment and delegation of collector's duties to depu ties. The provision formerly made for the continuance of deputies, in cases of disability or death of collectors, did not apply to cases where collectors were removed from office. (1842) 4 Op. Atty. Gen. 26. § 10. Sickness or occasional or necessary absence of collector. In cases of occasional and necessary absence or of sickness any collector may exercise his powers and perform his duties by deputy, and he shall be answerable for the acts of such deputy in the execution of such trust. (R. S. § 2630; Mar. 4, 1923, c. 251, §§ 2, 3, 42 Stat. 1453; Jan. 13, 1925, c. 76, 43 Stat. 748.) Historical Note This section, prior to its incorporation into the Code, contained a provision authorizing collectors to appoint such deputy collectors, with the approval of the Secretary of the Treasury, as they should deem necessary. This provision was probably omitted as superseded by Act March 4, 1923, c. 251, § 2, 42 Stat. 1453, as amended by Act Jan. 13, 1925, c. 76, 43 Stat. 748 (section 6. of this title). R. S. 2631, omitted from the Code, provided as follows: "In case of the sick See 6 of this title. ness or unavoidable absence of any collector or surveyor of customs from his office, he may, with the approval of the Secretary of the Treasury, authorize some officer or clerk under him to act in his place, and to discharge all the duties required by law of such collector or surveyor in his capacity as disbursing agent; and the official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases." Cross-References Notes of Decisions 1. Emoluments of office. The emoluments of the office, after the appointment of a deputy under this section, still be long to the collector. Merriam v. Clinch (C. C. N. Y. 1867) 6 Blatchf. 5, 17 Fed. Cas. No. 9,460. § 11. Sickness or occasional or necessary absence of comptroller or surveyor. Every comptroller and surveyor, in cases of occasional and necessary absence, or of sickness, and not otherwise, may respectively exercise and perform his functions, powers, and duties by deputy, duly constituted under their hands and seals respectively, for whom, in the execution of their trust, they shall respectively be answerable. (R. S. §§ 2631, 2632.) Historical Note This section (R. S. § 2632) prior to its incorporation into the Code, applied to "every naval officer and surveyor." Under Act Sept. 21, 1922, c. 356, Title IV, § 523, 42 Stat. 974 (section 38 of this title), naval officers are now known as comptrollers of customs. Cross-References 1. Naval officer's deputy.-A special deputy appointed under this section might at the same time be appointed to a clerkship in the office of the naval of ficer, and be allowed, under section 2745 R. S. (superseded by section 1 of this title), a compensation for his services as clerk greater in amount than that affixed by law to the permanent office of deputy naval officer. This case distinguished from the cases considered in the opinion of June 4, 1877 (15 Op. Atty. Gen. 286). (1877) 15 Op. Atty. Gen. 356. 2. Surveyor-Office in abeyance.-The duties of the office of surveyor of customs, whilst it was in "abeyance," were by section 1769, R. S. (repealed), construed in connection with section 2629, devolved upon such customs officer as the collector of the district may authorize to perform them. (1877) 15 Op. Atty. Gen. 401. 3. Deputy surveyors.-Only one deputy surveyor can be designated under this section. (1890) 19 Op. Atty. Gen. 629, by Attorney General Miller, disapproving (1875) 15 Op. Atty. Gen. 356, by Attorney General Devens, so far as it assumes the law to be otherwise. Where a deputy surveyor whose salary exceeded $2,500 per annum was regularly authorized under R. S. § 2629 (superseded by section 8 of this title) to act as surveyor, his office as deputy surveyor was not vacated nor was he entitled to the compensation allowed to that officer; such extra compensation being forbidden by R. S. 1763 (section 58 of Title 5, Executive Departments and Government Officers and Employees). Dinsmore's Case (1880) 16 Op. Atty. Gen. 565. In the case of the disability or death of the surveyor, the authority of his deputy, as such, would seem to terminate; and though he should continue afterward to discharge the duties of his office he could not be regarded, from a legal point of view, as having discharged them as deputy, in view of R. S. § 2629 (superseded by section 8 of this title). (1873) 14 Op. Atty. Gen. 260. Cited without specific application.-The Lace House v. U. S. (Ga. 1905) 141 F. 869, 875, 73 C. C. A.,103. § 12. Special agents. The Secretary of the Treasury may appoint special agents, for the purpose of making the examinations of the books, papers, and accounts of collectors and other officers of the customs, and to be employed generally, under the direction of the Secretary, in the prevention and detection of frauds on the customs revenue; and the expense thereof shall be charged to the "appropriation to defray the expense of collecting the revenue from customs." (R. S. § 2649.) § 13. Same; number. The number of special agents referred to in section 12 of this title shall be as follows: One director, special agency service, who shall supervise and direct the special agents of the Treasury Department, one assistant director, and thirty special agents. (Mar. 4, 1911, c. 285, § 1, 36 Stat. 1393; Mar. 4, 1923, c. 251, §§ 1, 2, 5, 7, 42 Stat. 1453, 1454.) Historical Note This section (Act March 4, 1911, c. 285, § 1, 36 Stat. 1393), prior to its incorporation into the Code, provided for one supervising agent, who should supervise and direct the special agents, and for 30 special agents, and provided that they should receive salaries therein specified, in addition to necessary traveling ex penses. Its provision for a supervising agent was superseded by Act March 4, 1923, c. 251, § 1, 42 Stat. 1453 (section 4 of this title), providing for the appointment of a director and assistant director. The provisions concerning the compensation and expenses of the special agents were probably omitted as super seded by Act March 4, 1923, c. 251, §§ 2, 5, 42 Stat. 1453, 1454, and Act Jan. 13, 1925, c. 76, 43 Stat. 748 (sections 6 and 48 of this title). Previous provisions of R. S. § 2650, Act August 15, 1876, c. 287, § 1, 19 Stat. 152, and Act March 3, 1891, c. 542, § 1, 26 Stat. 968, relative to the number and compensation of special agents, were superseded by those of this section. Notes of Decisions Cited without specific application.-(1913) 31 Op. Atty. Gen. 577. § 14. Same; regulations for and limitations on number and compensation. The Secretary of the Treasury may, from time to time, make such regulations not inconsistent with law, for the government of the special agents, as he deems expedient, and may rescind or alter regulations so made. But no special agent, in addition to those authorized by the preceding section, shall be appointed or employed upon any business relating to the customs revenue; nor shall any sum be paid to any agent authorized to be employed for mileage or any other expenses except such as are actually incurred in the discharge of his official duty. (R. S. § 2651.) $ 15. Special agents in foreign territory. For the purpose of better guarding against frauds upon the revenue on foreign merchandise transported between the ports of the Atlantic and those of the Pacific overland through any foreign territory, the Secretary of the Treasury may appoint special sworn agents as inspectors of the customs, to reside in such foreign territory where such merchandise may be landed or embarked, with power to superintend the landing or shipping of all merchandise, passing coastwise between the ports. of the United States on the Pacific and the Atlantic. It shall be their duty, under such regulations and instructions as the Secretary of the Treasury may prescribe, to guard against the perpetration of frauds upon the revenue. (R. S. § 2999.) Historical Note This section, prior to its incorporation into the Code, contained a further provision concerning the maximum salary of the inspectors provided for. It was prob ably omitted as superseded by Act March 4, 1923, c. 251, § 2, 42 Stat. 1453, as amended by Act Jan. 13, 1925, c. 76, 43 Stat. 748 (section 8 of this title). § 16. Examiners at New York. No person shall be appointed examiner of merchandise at the port of New York who is not, at the time of his appointment, practically and thoroughly acquainted with the character, quality, and value of the article in the examination and appraisement of which he is to be employed; nor shall any such examiner enter upon the discharge of his duties, as such, until he shall have taken and subscribed an oath faithfully and diligently to discharge such duties. (R. S. § 2940.) Historical Note This section, prior to its incorporation into the Code contained an additional provision for the appointment of examiners at the port of New York. It was probably omitted as superseded by Act March 4, 1923, c. 251, § 2, 42 Stat. 1453, as amended by Act Jan. 13, 1925, c. 76, 43 Stat. 748 (section 6 of this title). The word "examiner" was probably changed to "ex aminer of merchandise" to conform to said section 6 of this title. The number and compensation of examiners in the district of New York were prescribed by the Plan of Reorganization of the Customs Service pursuant to the provisions of Act Aug. 24, 1912, c. 355, § 1, 37 Stat. 434 (section 1 of this title). |