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 regis partments, etc., tered by either of the Executive Departments, or Bureaus may be regis. tered free 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 ad dressed 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, includ ing 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of the United States, so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed.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 Postmaster. General to con velopes for Ex PURCHASE OF ENVELOPES FOR USE OF THE EXECUTIVE 268. The Postmaster-General shall contract for all envel tract 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 con tract for them to be plain or with such printed matter as 1895, v 28, p 624 may be prescribed by the Department making requisition ments Sec 96 Jan. 12, therefor: Provided, That no envelope furnished by the Government shall contain any business address or adver tisement. Sec. 96, act of January 12, 1895 (28 Stat. L., 624). CHAPTER VII. THE DEPARTMENT OF JUSTICE-HABEAS COR- Establishment of Department of 5. Justice. 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 v 16, p 162. Sept 24, 1789, c. 20, 8 35 v 1 p 92, Sec. 346, R. S. Solicitor Gen eral. v 23 p 192. 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,, June 22, 1870 c who shall be appointed by the President, by and with the 162 July 7 1884. advice and consent of the Senate, and shall be entitled to Sec. 347, R. S. 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 exer. cise all the duties of that office. Title to land to 271. No public money shall be expended upon any site be purchased by 468. Sec. 355, R. S. 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 bis Department.2 of law. с 150, s. 6, v. 16, p 163. Sec. 356, R. S. Legal advice Navy. 150, 8 6, v 16, p. 163. to Departments 274 Whenever a question of law arises in the adminis of War and 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, aud can not relax the rules of law on account either of the desirableness of the object or the smallness of the value of the land. 6 Opin. Att. Gen.. 432. See, also, the chapters entitled THE PUBLIC LANDS, CONTRACTS AND PURCHASES, AND THE CORPS OF ENGINEERS. 2 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 General, such approval indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General.' argument of 276. Except when the Attorney-General in particular Conduct and cases otherwise directs, the Attorney-General and Solicitor- cases. Sept. 24, 1789,c. June 25, 1868, c. June 22, 1870, c. 162. Sec. 359, R. S. General shall conduct and argue suits and writs of error 20, s. 35, v.1, p. 92; and appeals in the Supreme Court and suits in the Court 71, s. 5, v.15, p. 75; of Claims in which the United States is interested, and 150, s. 5, v. 16, p. the Attorney-General may, whenever he deems it for the interest of the United States, either in person conduct and argue any case in any court of the United States in which the United States is interested, or may direct the SolicitorGeneral or any officer of the Department of Justice to do so. duty by officers Department of Performance of 277. The Attorney-General may require any solicitor or officer of the Department of Justice to perform any duty of required of the Department or any officer thereof. 150, s. 14, v. 16, p. 164. Justice. June 22, 1870, c. Officers of the perform all legal services required Department to ments. 150, s. 14, v. 16, p. 278. The officers of the Department of Justice, under the direction of the Attorney-General, shall give all opinions and render all services requiring the skill of persons learned for other Depart in the law necessary to enable the President and heads of June 22, 1870, c. Departments, and the heads of Bureaus and other officers 164. in the Departments, to discharge their respective duties; Sec. 361, R. S. and shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. Attendance of counsel. 51,8.3, v. 16, p.412. Sec. 364, R. S. 279. Whenever the head of a Department or Bureau gives the Attorney-General due notice that the interests of Feb. 14, 1871, c. the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. The opinions of successive Attorneys-General, possessed of greater or less amount of legal acumen, acquirement, and experience, have come to constitute a body of legal precedents and exposition, having authority the same in kind, if not the same in degree, with decisions of the courts of justice. 6 ibid., 326. The opinion of the Attorney General for the time being is, in terms, advisory to the Secretary who calls for it; but it is obligatory as the law of the case unless, on appeal by such Secretary to the common superior of himself and the Attorney-General, namely, the President of the United States, it be by the latter overruled. 7 ibid., 692. The AttorneyGeneral will not give a speculative opinion, on an abstract question of law, which does not arise in any case presented for the action of an Executive Department. 11 ibid., 189. He will only give opinions on questions of law arising on facts which are authoritatively stated by a head of Department. 10 ibid., 267. Interest of United States in to. June 22, 1870,c. 280. The Solicitor-General, or any officer of the Departpending suits ment of Justice, may be sent by the Attorney-General to who may attend any State or District in the United States to attend to the 150, s. 5, v. 16, p. interests of the United States in any suit pending in any of the courts of the United States, or in the courts of any State, or to attend to any other interest of the United States. 162. Sec. 367, R. S. opinions. 165. Sec. 383, R. S. Publication of 281. The Attorney-General shall from time to time cause June 22, 1870, c. to be edited, and printed at the Government Printing-Of150, s. 18, v. 16, P fice, an edition of one thousand copies of such of the opinions of the law-officers herein authorized to be given as he may deem valuable for preservation in volumes, which shall be, as to size, quality of paper, printing, and binding, of uniform style and appearance, as nearly as practicable, with volume eight of such opinions, published, by Robert Farnham, in the year eighteen hundred and sixty-eight. Each volume shall contain proper head-notes, a complete and full index, and such foot-notes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe.1 283. Power of judges to grant 292. Summary hearing; disposi Table showing the period covered by each of the nineteen volumes of the Official Opinions of the Attorneys-General of the United States. (a) |