Foreign hydro SEC. 3686. All appropriations made for the preparation or publication graphic surveys. of foreign hydrographic surveys shall only be applicable to their object, upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys. Permanent in 21 Feb., 1861, s. 7, v. 12, p. 150. SEC. 3689. There are appropriated, out of any moneys in the Treasdefinite appro- ury not otherwise appropriated, for the purposes hereinafter specified, such sums as may be necessary for the same respectively; and such appropriations shall be deemed permanent annual appropriations. priations. Allowance for reduction of wages under eight-hour law: Of such sum as may be required in the settlement of all accounts for the services of laborers, workmen, and mechanics employed by or on behalf of the Government, between the twenty-fifth day of June, eighteen hundred and sixty-eight, the date of the act constituting eight hours a day's work for all such laborers, workmen, and mechanics, and the nineteenth day of May, eighteen hundred and sixty-nine, the date of the proclamation of the President concerning such pay, to settle and pay for the same without reduction on account of reduction of hours of labor by said act, when it shall be made to appear that such was the sole cause of the reduction of wages. [See 3738, CONTRACTS, PART I, p. 29.] 18 May, 1872, s. 2, v. 17, p. 134. Indemnity to seamen and marines for lost clothing: To allow and pay to each person, not an officer, employed on a vessel of the United States, sunk or otherwise destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars. In the event of the death of the person, this sum is to be paid to his proper legal representatives. 4 July, 1864, ss. 2, 3, v. 13, p. 390. Prize money to captors: For one moiety of the proceeds of prizes captured by vessels of the United States, to be distributed to the officers and crews thereof, in conformity to the provisions of Title "PRIZE;" also, the proceeds of derelict and salvage cases adjudged by the courts of the United States to salvors. 30 June, 1864, s. 16, v. 13, p. 311. Expenditure of SEC: 3690. All balances of appropriations contained in the annual balances of ap- appropriation bills and made specifically for the service of any fiscal propriations. year, and remaining unexpended at the expiration of such fiscal year, shall only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year; and balances not needed for such purposes shall be carried to the surplus fund. This section, however, shall not apply to appropriations known as permanent or indefinite appropriations. [See 3689.] Disposal of bal years. 12 July, 1870, s. 5, v. 16, p. 251. SEC. 3691. All balances of appropriations which shall have remained ances after two on the books of the Treasury, without being drawn against in the settlement of accounts, for two years from the date of the last appropriation made by law, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts thereunder, and the Auditor shall examine the books of his Office, and certify to the Secretary whether such balances will be required in the settlement of any accounts pending in his Office; and if it appears that such balances will not be required for this purpose, then the Secretary may include such balances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be carried into the general Treasury or not. But no appropriation for the payment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. [See June 20, 1874, post.] 12 July, 1870, s. 6, v. 16, p. 251. That from and after the first day of July, eighteen hundred and June 20, 1874. seventy-four, and of each year thereafter, the Secretary of the TreasUnexpended ury shall cause all unexpended balances of appropriations which shall balances to be have remained upon the books of the Treasury for two fiscal years to be covered into the carried to the surplus fund and covered into the Treasury: Provided, Treasury That this provision shall not apply to permanent specific appropria- Exceptions, to tions, appropriations for rivers and harbors, light-houses, fortifications, able. public buildings, or the pay of the Navy and Marine Corps; but the appropriations named in this proviso shall continue available until otherwise ordered by Congress And provided further, That this sec continue avail Existing contion shall not operate to prevent the fulfillment of contracts existing tracts not af at the date of the passage of this act. NOTE. This section was adopted, after the fullest consideration by Congress, expressly to cut off the payment of accrued claims by covering into the Treasury, after two years, the balance of the appropriation from which, they might have been paid. The plain purpose of this act was to confine the officers of the Gov. ernment to the allowance and payment of liabilities within three fiscal years. Decision of the Secretary of the Treasury, April 20, 1877. The use of appropria tions is discussed in this decision. fected. Title 41. SEC. 3692. All moneys received from the leasing or sale of marine hospitals, or the sale of revenue cutters, or from the sale of commissary Proceeds of cer stores to the officers and enlisted men of the Army, or from the sale of tain sales, &c., of materials, stores, or supplies sold to officers and soldiers of the Army, material. or from sales of condemned clothing of the Navy, or from sales of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall respectively revert to that appropriation out of which they were originally expended, and shall be applied to the purposes for which they are appropriated by law. 8 May, 1872, s. 5, v. 17, p. 83. 3 March, 1847, s. 1, v. 9, p. 171. 8 June, 1872, v. 17, p.337. 3 March, 1875, v. 18, p. 388, 410. GENERAL ACCOUNT OF ADVANCES. That the Secretary of the Navy be, and he is hereby, authorized to June 19, 1878. issue his requisitions for advances to disbursing officers and agents of Requisitions of the Navy under a "General account of advances," not to exceed the Secretary Navy total appropriation for the Navy, the amount so advanced to be exclu- for advances. sively used to pay current obligations upon proper vouchers, and that "Pay of the Navy" shall hereafter be used only for its legitimate purpose as provided by law. 19 June, 1878, chap. 311, s. 1, v. 20, p. 167. charged. That the amount so advanced be charged to the proper appropria- Advances, how tions, and returned to "General account of advances" by pay and counter warrant; the said charge, however, to particular appropriations shall be limited to the amount appropriated to each. Idem, s. 2. That the Fourth Auditor shall declare the sums due from the several special appropriations upon complete vouchers, as heretofore, according to law; and he shall adjust the said liabilities with the "General account of advances." Idem, s. 3. RECEIPTS, EXPENDITURES AND BALANCES. Settlements by Fourth Auditor. From and after the passage of this act, it shall be the duty of the Sec- June 19, 1878. retary of the Treasury to transmit to Congress, annually, a tabular Tabular statestatement showing in detail the receipts and expenditures in the naval ment of Navy ap service under each appropriation, as made up and determined by the propriations and proper officers of the Treasury Department, upon the accounts of dis- expenditures. bursing officers rendered for settlement. There shall be appended to this statement an account of balances in the hands of disbursing agents at the close of each fiscal year, and a report of any amounts lost or unaccounted for by voucher. 19 June, 1878, chap. 312, ss. 1, 2, v. 20, p. 167. Statement of balances in hands of the disbursing officers, and amounts lost. ATTORNEY-GENERAL-DEPARTMENT OF JUSTICE. Sec. 354. Duties of Attorney-General. 356. Opinion of Attorney-General upon questions of law. 357. Legal advice to Departments of War and Navy. 358. Reference of questions by Attorney-General to subordinates. 359. Conduct and argument of cases. 360. Duties of officers of Department of Justice. Title 8. SEC. 354. The Attorney-General shall give his advice and opinion Duties of At-upon questions of law, whenever required by the President. torney-General. 24 Sep., 1789, s. 35, v. 1, p. 92. 27 Feb., 1877, v. 19, p. 241. torney-General Opinion of At- SEC. 356. The head of any Executive Department may require the upon questions of opinion of the Attorney-General on any questions of law arising in the administration of his Department. law. Legal advice to Departments of War and Navy. Reference of 22 June, 1870, s. 6, v. 16, p. 163. NOTES.-The law does not declare the effect of advice; practice of the Departments to heed it.-Op. V, 97, Johnson. Not the duty of the Attorney-General to give opinions on questions of fact, nor to review the proceedings of a court-martial in search of questions of law. Op. V, 626, Crittenden. Does not reply to speculative points or supposed cases. Gives advice on actual cases where the special facts are set forth by the Department.-Op. IX, 82, Black. XIII, 531-568, Akerman, XII, 433, Browning. 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 is by the latter overruled.-Op. VII, 692, Cushing. Will not review the opinion of a former Attorney-General unless a proper case is presented therefor and submitted by a head of a Department-Op. XI, 189, Speed. Cannot act as arbitrator between the Government and an individual, and can therefore render no award in the sense in which the phrase is generally understood.-Op. I, 209, Wirt. Declines to give an opinion upon a question involv ing the estimation of the weight and credibility of testimony.-Op. XIV, p. 54, Bristow. Not required to give an opinion to the Senate.-Op. X, 165, Bates. Not his duty to give opinion on.matters pending in Congress on request of either house or any committee.-Op. XII, 544. Evarts. XIV, 17, 177, Williams. Not authorized to give an opinion (official) in response to a call of the head of a Department, although made at the request of a committee of Congress, where the question proposed does not arise in the administration of such Department.Op. XV, 138, Taft. Subordinate officers who desire an official opinion must seek it through the head of the Department to which said subordinate is accountable.-Op. X, 458. No right to give an official opinion except where it his duty to do so, that is, to the President and heads of Departments.-Op. I, 335, VI, 21, 147. See Op. XIV, 21, declining to approve or disapprove of an opinion of an assistant attorney-general of an Executive Department-not having been called for by the President or the head of a Department. SEC. 357. Whenever a question of law arises in the administration of the Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the Department may require advice, it shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department, or otherwise disposed of as he may deem proper. Idem. SEC. 358. Any question of law submitted to the Attorney-General for questions by At his opinion, except questions involving a construction of the Constitution torney-General of the United States, may be by him referred to such of his subordinates to subordinates. as he may deem 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-General, such approval indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General. Conduct and ar Idem, s. 4. SEC. 359. Except when the Attorney-General in particular cases othergument of cases. wise directs, the Attorney-General and Solicitor-General shall conduct and argue suits and writs of error and appeals in the Supreme Court and suits in the Court of Claims in which the United States is interested, and 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 Solicitor-General or any officer of the Department of Justice to do so. 24 Sept., 1789, s. 35, v. 1, p. 92. 22 June, 1870, s. 5, v. 16, p. 162. SEC. 360. The Attorney-General may require any solicitor or officer of Performance of the Department of Justice to perform any duty required of the Depart- daty by officers ment or any officer thereof. 22 June, 1870, s. 14, v. 16, p. 164. of Department of Justice. Officers of the Department to SEC. 361. The officers of the Department of Justice, under the direction of the Attorney-General, shall give all opinions and render all services perform all legal requiring the skill of persons learned in the law necessary to enable the services required President and heads of Departments, and the heads of Bureaus and other for other Departofficers in the Departments, to discharge their respective duties; and ments. 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 sixtythree. Idem, s. 14. attorneys. SEC. 363. The Attorney-General shall, whenever in his opinion the Retaining counpublic interest requires it, employ and retain, in the name of the United sel to aid district States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of compensation, and shall have supervision of their conduct and proceedings. 2 Aug., 1861, s. 2, v. 12, p. 285. 3 March, 1869, s. 1, v. 15, p. 294. 22 June, 1870, s. 16, v. 16, p. 164. counsel. SEC. 364. Whenever the head of a Department or Bureau gives the Attendance of Attorney-General due notice that the interests of 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. [See § 187, CLAIMS, p. 152.] 14 Feb., 1871, s. 3, v. 16, p. 412. stricted. SEC. 365. No compensation shall hereafter be allowed to any person, Counsel fees rebesides the respective district attorneys and assistant district attorneys for services as an attorney or counselor to the United States, or to any branch or Department of the Government thereof, except in cases specially authorized by law, and then only on the certificate of the AttorneyGeneral that such services were actually rendered, and that the same could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Department of Justice, or by the district attorneys. 22 June, 1870, s. 17, v. 16, p. 164. and oath of spe SEC. 366. Every attorney or counselor who is specially retained, under Appointment the authority of the Department of Justice, to assist in the trial of any cial attorneys or case in which the Government is interested, shall receive a commission counsel. from the head of such Department, as a special assistant to the AttorneyGeneral, or to some one of the district attorneys, as the nature of the appointment may require; and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabilities imposed upon them by law. Idem, s 17. SEC. 367. The Solicitor-General, or any officer of the Department of Interest of UniJustice, may be sent by the Attorney-General to any State or District ted States in in the United States to attend to the interests of the United States in any who may attend pending suits, suit pending in any of the courts of the United States, or in the courts to. of any State, or to attend to any other interest of the United States. Idem, s. 5. Traveling ex. SEC. 370. Whenever the Solicitor-General, or any officer of the Departpenses of officers ment of Justice, is sent by the Attorney-General to any State, District, of the Department. or Territory, to attend to any interest of the United States, the person so sent shall receive, in addition to his salary, his actual and necessary expenses while absent from the seat of Government; the account thereof to be verified by affidavit. * * Idem, s. 5. # Publication of SEC. 383. The Attorney-General shall from time to time cause to be opinions. edited, and printed at the Government Printing-Office, 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. 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. Idem, s. 18. Sec. ATTORNEYS AND AGENTS OF GOVERNMENT. 187. Professional assistance. 189. Employment of attorneys or counsel. 1550. Agents to disburse money abroad. Title 4. obtained. Sec. 1783. Persons interested not to act as agents of the Government. 3614. Bond of special agents. SEC. 187. Whenever any head of a Department or Bureau having Professional as- made application pursuant to section one hundred and eighty-four, for sistance; how a subpoena to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the AttorneyGeneral to furnish proper professional service in attending such examination, or making such investigation, and it shall be the duty of the Attorney-General to provide for such service. [See 184 CLAIMS.] Employment of attorneys or counsel. Title 15, Chap. 7. 14 Feb., 1871, s. 3, v. 16, p. 412. SEC. 189. No head of a Department shall employ attorneys or counsel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same. [See §§ 364, 365, ATTORNEY-GENERAL.] 22 June, 1870, s. 17, v. 16, p. 164. SEC. 1550. No person shall be employed or continued abroad, to receive Appointment and pay money for the use of the naval service on foreign stations, of persons to dis- whether under contract or otherwise, who has not been, or shall not be, burse money on appointed by and with the advice and consent of the Senate. foreign stations. Title 19. Persons inter 17 June, 1844, s. 4, v. 5, p. 703. SEC. 1783. No officer or agent of any banking or other commercial corporation, and no member of any mercantile or trading firm, or person ested not to act directly or indirectly interested in the pecuniary profits or contracts of as agents of the such corporation or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member, or person, so interested, who so acts, shall be imprisoned not more than two years, and fined not more than two thousand dollars nor less than five hundred dollars. Government. Title 40. 2 March, 1863, s. 8, v. 12, p. 698. SEC. 3614. Whenever it becomes necessary for the head of any Department or office to employ special agents, other than officers of the Army Bond of special or Navy, who may be charged with the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employing them may approve. agents. 4 Aug., 1854, s. 14, v. 10, p. 573. NOTES.-No allowance can be made for any commission or inquiry, except military or naval, until special appropriations are made by Congress for the purpose.-Op. IV, 106, Oct. 25, 1842, Legare. An Executive Department being charged with the duty of seeing that the |