by the people of the United States as the fundamental law of the land, has conferred upon the President the executive power; has made him the commander in chief of the Army and Navy; has authorized him, by and with the consent of the Senate, to make treaties, and to appoint ambassadors, public ministers, and consuls; and has made it his duty to take care that the laws be faithfully executed. In the protection of these fundamental rights, which are based upon the Constitution and grow out of the jurisdiction of this nation over its own territory and its international rights and obligations as a distinct sovereignty, the President is not limited to the enforcement of specific acts of Congress. He takes a solemn oath to faithfully execute the office of President, and to preserve, protect, and defend the Constitution of the United States. To do this he must preserve, protect, and defend those fundamental rights which flow from the Constitution itself and belong to the sovereignty it created. (Mr. Justice Miller, In re Neagle, 135 U. S., 1, 63, 64; Mr. Justice Field, The Chinese Exclusion Case, 130 U. S., 581, 606; Mr. Justice Gray, Fong Yue Ting v. United States, 149 U. S., 698, 711; Mr. Justice Brewer, In re Debs, 158 U. S., 564, 582.)

The President has charge of our relations with foreign powers. It is his duty to see that in the exchange of comities among nations we get as much as we give. He ought not to stand by and permit a cable to land on our shores under a concession from a foreign power which does not permit our cables to land on its shores and enjoy there facilities equal to those accorded its cable here. For this reason President Grant insisted on the first point in his message of 1875.

The President is not only the head of the diplomatic service, but commander in chief of the Army and Navy. A submarine cable is of inestimable service to the Government in communicating with its officers in the diplomatic and consular service, and in the Army and Navy when abroad. The President should, therefore, demand that the Government have precedence in the use of the line, and this was done by President Grant in the third point of his message.

Treating a cable simply as an instrument of commerce, it

is the duty of the President, pending legislation by Congress, to impose such restrictions as will forbid unjust discriminations, prevent monopolies, promote competition, and secure reasonable rates. These were the objects of the second and fourth points in President Grant's message.

The Executive permission to land a cable is, of course, subject to subsequent Congressional action. The President's authority to control the landing of a foreign cable does not flow from his right to permit it in the sense of granting a franchise, but from his power to prohibit it should he deem it an encroachment on our rights or prejudicial to our interThe unconditional landing of a foreign cable might be both, and therefore to be prohibited, but a landing under judicious restrictions and conditions might be neither, and therefore to be permitted in the promotion of international intercourse.

ests.

I am of the opinion, therefore, that the President has the power, in the absence of legislative enactment, to control the landing of foreign submarine cables. He may either prevent the landing, if the rights intrusted to his care so demand, or permit it on conditions which will protect the interests of this Government and its citizens; and if a landing has been effected without the consent or against the protest of this Government, respect for its rights and compliance with its terms may be enforced by applying the prohibition to the operation of the line unless the necessary conditions are accepted and observed.

Very respectfully,

JOHN K. RICHARDS,

The SECRETARY OF STATE.

Acting Attorney-General.

OPINIONS

OF

HON. JOHN W. GRIGGS, OF NEW JERSEY.

APPOINTED JANUARY 25, 1898.

IMPORTATIONS OF COPYRIGHT ARTICLES.

The term "book," as construed by the courts under the copyright laws, includes a musical or other composition, though printed on but one sheet.

The importation of reprints of musical compositions copyrighted in the United States is prohibited.

The importation of music books copyrighted in the United States is prohibited.

Music books made up in part of musical compositions copyrighted in the United States are prohibited importation.

An article which is prohibited importation can not gain admission through being attached to an article which is not prohibited. Regulations for the forfeiture or destruction of imported prohibited articles may be so framed as to provide due process of law.

DEPARTMENT OF JUSTICE,
February 7, 1898.

SIR: In your communication of November 27, you call my attention to the provisions of sections 4956, 4958, 4964, and 4965 of the Revised Statutes as amended by "An act to amend title sixty, chapter three, of the Revised Statutes, relating to copyrights," approved March 3, 1891 (26 Stat., 1106), and submit the following questions:

"1. Are the reprints of musical compositions copyrighted in the United States prohibited importation?

"2. Are music books prohibited importation in view of the special provision of the law prohibiting copyrighted books (presumably all kinds)?

"3. Are music books made up in part of musical compositions copyrighted in the United States and in part of musical compositions not copyrighted, or which have been

protected by copyrights expired, such books as are prohibited importation?

"4. Can musical compositions or music books, copyrighted and imported into the United States in contravention of law, be lawfully destroyed or forfeited without a decree by a court?"

Section 4952 as amended by the act of March 3, 1891, provides that

"The author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, or negative thereof, shall * *

*

*

*

have the sole liberty of printing, reprint

*

*

ing, publishing,

The method of obtaining a copyright is prescribed by section 4956, as amended by this act. The first part of the section requires the author to deposit in the office of the Librarian of Congress a printed copy of the title, and two copies of the book, map, chart, dramatic or musical composition, engraving, cut, print, photograph, or chromo. The latter part of the section provides that " during the existence of such copyright, the importation into the United States of any book, chromo, lithograph, or photograph so copyrighted * or any plates of the same not made from type set, negatives or drawings on stone made within the limits of the United States" is prohibited.

*

Musical compositions are usually published by the lithographic process. The inferior grades are set from type, and occasionally reproduced by one of the numerous photographic processes.

A consideration of the entire act, its scope and purposes, leads to the conclusion that Congress intended to prohibit the importation of any of the enumerated copyrighted compositions when reprinted or reproduced by type set or by negatives or drawings on stone made outside of the United States.

The words "book, map, chart, dramatic or musical composition," etc., used in section 4952, and in the first part of section 4956, denote the intellectual composition; the words "book, chromo, lithograph, or photograph," used in the latter part of section 4956, the physical production. In the first