participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. [R. S.]

Act of March 3, 1863, ch. 90, 12 Stat. L. 762.

Law of prize. This statute has no reference to cases of condemnation as prize jure belli, nor does it modify the law of prize in any respect. The Hampton, (1866) 5 Wall. 372, 18 U. S. (L. ed.)

659. See The Sally Magee, (1865) 3 Wall. 451, 18 U. S. (L. ed.) 197; V. S. v. The Sally Magee, (1866) 4 Int. Rev. Rec. 134, 27 Fed. Cas. No. 16,216.

INTERIOR DEPARTMENT

R. S. 437. Establishment of Department of the Interior, 944.

R. S. 438. Assistant Secretary of the Interior, 945.

R. S. 439. His duties, 945.

R. S. 440. Clerks and Employees, 945.

R. S. 441. Duties of Secretary, 947.

R. S. 442. Powers of Secretary, 950.

R. S. 444. Expenditures of the Department, 950.

Res. of Feb. 1, 1884, No. 4, 950.

House Committees on Pensions and Invalid Pensions to Have
Detail of Clerks from Interior Department, 950.

Act of March 3, 1885, ch. 360, 951.

Sec. 1. First Assistant Secretary, 951.

Act of Aug. 24, 1912, ch. 370, 951.

No

Sec. 1. Copies of Records to be Furnished-Fees - Verification
Charge for Official Use - Authenticated Copies of Rules, etc.,
951.

2. Inspection of Records, 951.

3. Acceptance as Evidence, 951.

4. Use of Seal, 951.

5. Authority to Recorders of Land Office Repeal - Laws Not Changed-Indian Service Records-Fee for Certificate of Official Character, 952.

6. Deposit of Receipts, 952.

Act of Aug. 17, 1912, ch. 301, 952.

Sec. 1. Disbursing Clerk for Payment of Pensions, 952.

Estimates for Employees in Office of Disbursing Clerk, 953.

5. Acting Disbursing Clerk - Clerks to Sign Checks - Bond, 953.

Act of Aug. 16, 1914, ch. 141, 953.

Sec. 1. Solicitor for Department, 953.

CROSS-REFERENCES

Clerks and Employees, Compensation, Vacancies in Office, etc., see CIVIL SERVICE; EXECUTIVE DEPARTMENTS.

Prosecution of Claims in, see CLAIMS.

Hours of Business, see EXECUTIVE DEPARTMENTS.

Returns Office, see PUBLIC CONTRACTS.

For Various Bureaus and Departments under the Interior Department, see EDUCATION; GEOLOGICAL SURVEY; INDIANS; INTERNAL REVENUE; MINERAL LANDS; MINES AND MINING; PATENTS; PENSIONS; PUBLIC DOCUMENTS; PUBLIC LANDS; PUBLIC PARKS; PUBLIC PRINTING.

Sec. 437. [Establishment of Department of the Interior.] There shall be at the seat of Government an Executive Department to be known as the

Department of the Interior, and a Secretary of the Interior, who shall be the head thereof. [R. S.]

Act of March 3, 1849, ch. 108, 9 Stat. L. 395.

R. S. secs. 437-440 constitute chapter 1, "The Department," of title XI, "The Department of the Interior," of the Revised Statutes.

The Department of the Interior is one of the executive departments of the government established by the Act of March 3, 1849, ch. 108, 9 Stat. L. 395. It is specially charged with the supervision of certain executive bureaus, and its present jurisdiction is defined by R. S. sec. 441, infra, p. 947. U. S. v. Allison, (1875) 91 U. S. 303, 23 U. S. (L. ed.) 372; Butterworth v. Hill, (1885) 114 U. S. 128, 5 S. Ct. 796, 29 U. S. (L. ed.) 119.

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"The Secretary of the Interior has authority to disbar for misconduct attorneys practicing before his department. This authority is not given by statute, but seems to have been exercised heretofore by heads of departments for the protection of the government." (1880) 16 Op. Atty.-Gen. 488; (1869) 13 Op. Atty.Gen. 150.

Sec. 438. [Assistant Secretary of the Interior.] There shall be in the Department of the Interior an Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of six thousand dollars a year, to be paid monthly. [R. S.]

Act of March 14, 1862, ch. 41, 12 Stat. L. 369; Act of March 3, 1873, ch. 226, 17 Stat. L. 486.

By the Act of Jan. 20, 1874, ch. 11, 18 Stat. L. 4, the salary of the Assistant Secre tary was reduced to $3,500.

Subsequent appropriations have, however, increased this amount. The Legislative Executive, and Judicial Appropriation Act of March 4, 1915, ch. 141, 38 Stat. L. 1029 provided for a First Assistant Secretary, $5,000; Assistant Secretary, $4,500.

Cited generally in Turner v. Seep, (E.

D. Okla. 1909) 167 Fed. 646, modified

(C. C. A. 8th Cir. 1910) 179 Fed. 74, 102 C. C. A. 368.

Sec. 439. [His duties.] The Assistant Secretary of the Interior shall perform such duties in the Department of the Interior as shall be prescribed by the Secretary, or may be required by law. [R. S.]

Act of March 14, 1862, ch. 41, 12 Stat. L. 369.

The consideration and determination of appeals to the secretary from the action of the commissioner of the general land office may be made by the assistant secretary if the secretary shall by regulation prescribe the performance of such duty. (1888) 19 Op. Atty.-Gen. 133.

When the assistant acts at a time when the Secretary is not absent or sick, under a regulation made by the secretary prescribing his powers, he should sign with his own proper official designation. When the secretary is absent or sick, if the assistant is in charge of the department, in pursuance of R. S. secs. 177 or 179,

(title EXECUTIVE DEPARTMENTS) he should sign as acting secretary. (1888) 19 Op. Atty. Gen. 133. See also (1886) 18 Op. Atty.-Gen. 432.

Authority to approve leases of Indian lands. Under this section the Secretary of the Interior may delegate to the assistant secretary authority to approve leases of Indian lands and assignments thereof, and so long as such authority remains unrevoked the approval of the assistant secretary is equivalent to that of the secretary. Turner v. Seep, (1909) 167 Fed. 646, modified on another point (1910) 179 Fed. 74, 102 C. C. A. 368.

Sec. 440. [Clerks and employees.] There shall also be in the Department of the Interior:

One chief clerk, at a salary of two thousand two hundred dollars a year. A superintendent of the building, to be designated from the fourth-class clerks, who shall be paid two hundred dollars a year additional.

3 F. S. A.- 31

Three disbursing clerks.

The Secretary may, if he deem it necessary and proper, pay two hundred dollars a year additional to any four clerks of the fourth class.

Three messengers, at a salary of nine hundred dollars a year each. One engineer, at a salary of one thousand four hundred dollars a year. One captain of the watch, at one thousand two hundred dollars a year. Twenty-eight watchmen for the general service of the Department building and all the bureaus therein, to be allotted to day or night service, as the Secretary may direct.

Public Documents: One superintendent, at a salary of two thousand five hundred dollars a year.

In the General Land-Office:

One chief clerk, at a salary of two thousand dollars a year.

One principal clerk, on account of military bounty-lands, at a salary of two thousand dollars a year.

One draughtsman, at a salary of one thousand six hundred dollars a year. One assistant draughtsman, at a salary of one thousand four hundred dollars a year.

Two packers, at a salary of seven hundred and twenty dollars a year each. In the office of the Commissioner of Indian Affairs:

One chief clerk, at a salary of two thousand dollars a year.

In the office of the Commissioner of Pensions :

One chief clerk, at a salary of two thousand dollars a year.
One engineer, at one thousand four hundred dollars a year.
One assistant engineer, at one thousand dollars a year.

In the Patent-Office:

One chief clerk, who shall be qualified to act as a principal examiner. One librarian, who shall be qualified to act as an assistant examiner. Five law examiners.

One examiner of classification.

One examiner of interferences.

One examiner of trade-marks and designs.

One first assistant examiner of trade-marks and designs.

Six assistant examiners of trade-marks and designs.

Forty-three principal examiners.

Eighty-six first assistant examiners.

Eighty-six second assistant examiners.

Eighty-six third assistant examiners.

Eighty-six fourth assistant examiners; and such other examiners and assistant examiners in the various grades as the Congress shall from time to time provide for.

In the Office of Education:

One chief clerk, at a salary of two thousand dollars a year.

One statistician, at a salary of eighteen hundred dollars a year.

One translator, at a salary of one thousand six hundred dollars a year. [R. S.]

Act of March 3, 1849, ch. 108, 9 Stat. L. 395, 396; Act of April 25, 1812, ch. 68, 2 Stat. L. 716; Act of July 4, 1836, ch. 352, 5 Stat. L. 107, 111; Act of March 3, 1853, ch. 97, 10 Stat. L. 189, 209; Act of March 2, 1867, ch. 158, 14 Stat. L. 434; Act of March 3, 1873, ch. 226, 17 Stat. L. 502, 503. 504; Act of July 8, 1870, ch 230, 16 Stat. L. 198.

So much of the foregoing section as related to the superintendent of public documents was superseded by the Printing and Binding Act of Jan. 12, 1895, ch. 23, §§ 61, 64, 28 Stat. L. 610, 611, which abolished the office of superintendent of documents in the Department of the Interior and provided for the appointment of a superintendent by the Public Printer. See the title PUBLIC DOCUMENTS.

So much of the text as follows the words "In the Patent Office" and refers to said office was amended to read as here given by an Act of Feb. 15, 1916 (see Pamph. Supp. No. 6, Fed. Stat. Ann. 2; 1918 Supp. Fed. Stat. Ann.). Prior to its amendment it provided for a chief clerk, one examiner in charge of interferences, one examiner in charge of trade-marks, twenty-four principal examiners, twenty-four first assistant, twenty-four second assistant, and twenty-four third assistant examiners, one librarian, one machinist, three skilled draughtsmen, thirty-five copyists of drawings, one messenger and purchasing clerk, one skilled laborer, and sixteen attendants in the model room, fixing the salaries of each employee.

The number and compensation of the various officers and employees depend on the Annual Appropriation Acts. Provisions for the fiscal year ending June 30, 1916, were made by the Legislative, Executive, and Judicial Appropriation Act of March 4, 1915, ch. 141, 38 Stat. L. 1029.

Authority of chief clerk.-Where, during the temporary absence of the secretary and the assistant secretaries, the chief clerk of the Department of the Interior, by authority of the secretary,

signed a communication as "chief clerk and chief executive officer," designating a special disbursing agent, the designation thus made was valid. (1911) 29 Op. Atty.-Gen. 273.

Sec. 441. [Duties of Secretary.] The Secretary of the Interior is charged with the supervision of public business relating to the following subjects:

First. The census; when directed by law.

Second. The public lands, including mines.

Third. The Indians.

Fourth. Pensions and bounty-lands.

Fifth. Patents for inventions.

Sixth. The custody and distribution of publications.

Seventh. Education.

Eighth. Government Hospital for the Insane.

Ninth. Columbia Asylum for the Deaf and Dumb. [R. S.]

Act of March 3, 1849, ch. 108, 9 Stat. L. 395; Act of July 8, 1870, ch. 230, 16 Stat. L. 198; Act of Feb. 5, 1859, ch. 22, 11 Stat. L. 379; Act of July 20, 1868, ch. 176, 15 Stat. L. 92, 106.

Sections 441-445 constitute chapter 2 of title XI of the Revised Statutes, "The Secretary of the Interior."

The first subdivision of this section, relating to the census, was superseded by the transfer of the census office to the Department of Commerce and Labor (which was subsequently designated the Department of Commerce) by the Act of Feb. 14, 1903, ch. 552, § 4, given under the title COMMERCE DEPARTMENT.

The sixth subdivision, relating to the distribution of publications, was superseded by the Act of Jan. 12, 1895, ch. 23, secs. 61, 64. See the note to the preceding R. S. sec. 440.

The Land Department is one of the working subdivisions of the Department of the Interior and the Secretary of the Interior is charged with the general supervision of public business relating to public lands. Johanson v. Washington, (1902) 190 U. S. 179, 23 S. Ct. 825, 47 U. S. (L. ed.) 1008; Pengra v. Munz, (C. C. Ore. 1887) 29 Fed. 830; U. S. v. Winona, etc., R. Co., (C. C. A. 8th Cir. 1895) 67 Fed. 948, 32 U. S. App. 272, 15 C. C. A. 96, affirmed (1897) 165 U. S. 463, 17 S. Ct. 368, 41 U. S. (L. ed.) 789; U. S. v. Schlierholz, (E. D. Mo. 1904) 133 Fed. 333; Neff v. U. S., (C. C.