In lieu of the number of copies of the Biennial Register, now authorized by law to be printed, the Secretary of the Interior be, and he is hereby, directed to cause to be printed twenty-five hundred copies of the said work, to be distributed as follows: To the Navy Department twenty copies. * The Biennial Register shall be made up to the first day of July of each year in which a new Congress is to assemble, and shall be filed as soon thereafter as practicable in the Department of the Interior. Sec. 15 Dec., 1877, v. 20, p. 13. 15 Dec., 1877. PUBLIC OR DEPARTMENT RECORDS. 213. State Department records. 882. Copies of Department records and papers. 883. Transcripts from books of the Treasury in suits against delinquents. 886. Copies of records, &c., in office of Solicitor of Treasury. 887. Transcripts in indictments for embezzlement. Sec. 888. Copies of returns in returns-office. 5403. Destroying public records. SEC. 213. For making out and authenticating copies of records in the Department of State, a fee of ten cents for each sheet containing one hundred words shall be paid by the person requesting such copies, of except where they are requested by an officer of the United States in a matter relating to his office. 15 Sept., 1789, s. 6, v. 1, p. 69. Title 5. Fees for copies records. SEC. 882. Copies of any books, records, papers, or documents in any Title 13, Chap. 17. of the Executive Departments, authenticated under the seals of such Departments, respectively, shall be admitted in evidence equally with the originals thereof. 15 Sept., 1789, s. 5, v. 1, p. 69. 31 May, 1854, s. 2, v. 10, p. 297. The heads of the Departments are not bound to produce papers or disclose information communicated to them where, in their judgment, the disclosures would, on public considerations, be inexpedient.-Op. XI, 137, Speed. In general, only such communications as are made in the course of their offi. cial duties by the persons making them come within the rule of privileged communications, and are confidential under all circumstances. Other cases may occur (stated in this opinion) in which a Department would be justified in rep. resenting to a court that upon public considerations it declined to furnish such communications.-Op. XV, 415, Devens, Dec. 17, 1877. See, also, XV, 378. In furnishing copies a distinction will properly be made between documents in the nature of permanent records, such as general or special orders, muster rolls, discharges of soldiers, commissions of officers, &c., and the reports and communications of officers addressed to military superiors or to the Secretary of War in the line of their official duty. The latter are generally regarded as privileged communications which even the courts, on grounds of public policy, will in general hold to be incompetent testimony, and of which they will refuse to require the production in evidence.-Winthrop's Digest, p. 350. An official memorandum indorsed on an account as a direction to his subordi nates by the head of a Department is not a matter of record of which the public or persons dealing with the Department must take notice.-C. C., XIII, 72. All collections of natural history and the like, and all field notes and other like local information, taken or obtained by any public officer, civil or military, in the line of his duty, belong to the Government. They may lawfully make collections and take notes for their own use, provided the same be done without neglect of public duty or expense to the Government, and provided also that it be done without violation of superior order in their respective Departments.Op. VI, 599, Cushing, 24 June, 1854. The records of an Executive Department need not be produced in evidence in court, but their contents may be shown by authenticated copies.-C. C., II, 451. Nock's case. But see Op. A party cannot, by replevin, take papers from the public archives on the allegation of their being private property, by a writ against the head of a Department or other public officer. The archives are in the possession of the United States.-Op. VI, 8, Cushing, March 25, 1853. Recommendations for office are not papers or documents required to be kept by the Departments in which they are deposited-filed for the convenience of applicants who are allowed to withdraw them whenever they desire to do so. Such applicants can properly be permitted to see objections that may have been filed against themselves (subject to the limitation, however, that the permission should only be given where the communication is not in its nature privileged) in order that they may, if possible, answer or remove them. The files of the Departments ought not to be submitted to a search, upon the appli Copies of Department records and papers. Copies of re cation of a newspaper, with a view to ascertain what persons have been recom mended for office by a certain Senator and Representative in Congress. Copies of such papers should not be furnished unless the applicant appears himself to have been directly affected by the writing of a letter of which he demands a copy.-Op. 342, Devens, July 28, 1877. SEC. 883. Copies of any documents, records, books, or papers in the cords, &c., in of office of the Solicitor of the Treasury, certified by him under the seal of fice of Solicitor of the Treasury. his office, or, when his office is vacant, by the officer acting as Solicitor for the time, shall be evidence equally with the originals. 22 Feb., 1849, s. 2, v. 9, p. 347. Transcripts SEC. 886. When suit is brought in any case of delinquency of a revefrom books, &c., nue officer, or other person accountable for public money, a transcript of the Treasury, from the books and proceedings of the Treasury Department, certified in suits against delinquents. by the Register and authenticated under the Seal of the Department, or, when the suit involves the accounts of the War or Navy Departments, certified by the Auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the Register, or by such Auditor, as the case may be, to be true copies of the originals on file, and authenticated under the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads "non est factum," or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper specified in such affidavit. Transcripts in 3 March, 1797, s. 1, v. 1, p. 512. 3 March, 1817, s. 11, v. 3, p. 367. The account of a delinquent officer, as finally adjusted by the accounting of ficers, is not admissible as evidence under sec. 886, R. S., unless it be certified and authenticated to be a transcript from the books and proceedings of that Department. A certificate that the transcript annexed is a copy of the original on file is the form used in reference to mere copies of bonds, contracts, or other papers connected with the final adjustment.-Ôtto, 102, 548. SEC. 887. Upon the trial of any indictment against any person for indictments for embezzling public moneys, it shall be sufficient evidence, for the purembezzlement of pose of showing a balance against such person, to produce a transcript public moneys. from the books and proceedings of the Treasury Department, as provided by the preceding section. [See § 5494, DISBURSING OFFICERS.] Copies of rec ords, &c., in of fice 6 Aug., 1846, s. 16, v. 9, p. 63. 2 March, 1797, s. 1, v. 1, p. 512. SEC. 888. A copy of any return of a contract returned and filed in the returns-office of the Department of the Interior, as provided by law, when certified by the clerk of the said office to be full and complete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by such officer in making his return of any contract, as required by law, to said returnsoffice. [See § 3744, CONTRACTS, page 29.] 2 June, 1862, s. 4, v. 12, p. 412. SEC. 896. Copies of all official documents and papers in the office of of United any consul, vice-consul, or commercial agent of the United States, and States consuls, of all official entries in the books or records of any such office, certified under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States. [See § 1707, Diplomatic AND CONSULAR OFFICERS, Part IV.] &c. Little of the statutes 8 Jan., 1869, v. 15, p. 266. & SEC. 908. The edition of the laws and treaties of the United States, Brown's edition published by Little & Brown, shall be competent evidence of the sevto be evidence. eral public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof. 8 Aug., 1846, s. 2, v. 9, p. 76. Title 19. Taking oaths, SEC. 1778. In all cases in which, under the laws of the United States, oaths or acknowledgments may now be taken or made before any justice of the peace of any State or Territory, or in the District of Colum- acknowledgbia, they may hereafter be also taken or made by or before any notary ments, &c. public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. 16 Sept., 1850, v. 9, p. 458. 29 July, 1854. s. 1, v. 10, p. 315. RETURNS OFFICE. Returns Office. SEC. 512. The Secretary of the Interior shall from time to time pro- Title 11, Chap. 8. vide a proper apartment, to be called the Returns Office, in which he shall cause to be filed the returns of contracts made by the Secretary of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. [See §§ 3744-3747, CONTRACTS, page 29.] 2 June, 1862, s. 4, v. 2, p. 412. SEC. 513. The clerk of the Returns Office shall file all returns made to the office, so that the same may be of easy access, keeping all returns made by the same officer in the same place, and numbering them in the order in which they are made. Idem. SEC. 514. The clerk of the Returns Office shall provide and keep an index book, with the names of the contracting parties, and the number of each contract opposite to the names; and shall submit the index-book and returns to any person desiring to inspect it. Idem. Clerk to file re turns. Indexes. turns. SEC. 515. The clerk of the Returns Office shall furnish copies of such Copies of rereturns to any person paying therefor at the rate of five cents for every one hundred words, to which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return, Idem. DESTROYING RECORDS. SEC. 5403. Every person who willfully destroys or attempts to destroy, Title 70, Chap. 4, or, with intent to steal or destroy, takes and carries away any record, Destroying, &c. paper, or proceeding of a court of justice, filed or deposited with any public records. clerk or officer of such court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment, at hard labor, not more than three years, or both. [See 5408.] 26 Feb., 1853, s. 4, v. 10, p. 170. SEC. 5408. Every officer having the custody of any record, document, Destroying paper, or proceeding specified in section fifty-four hundred and three, records by officer in charge. who fraudulently takes away, or withdraws, or destroys any such record, document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dollars, or suffer imprisonment at hard labor not more than three years, or both; and shall, moreover, forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States. Idem, s. 5. PUBLIC PROPERTY, BUILDINGS AND GROUNDS. Sec. 355. Title to be examined. 1838. Assent of legislature. PURCHASE AND DISPOSITION. 3733. Contract not to exceed appropriation. 3734. Restriction on commencing buildings. Title S. States. Sec. 3736. No purchase without appropriation. SEC. 355. No public money shall be expended upon any site or land Title to land to purchased by the United States for the purposes of erecting thereon be purchased by any armory, arsenal, fort, fortification, navy-yard, custom-house, lightthe United 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. Title 22. Assent 11 September, 1841, Res. 6, v. 5, p. 468. SEC. 1838. The President of the United States is authorized to proof cure the assent of the legislature of any State, within which any purStates to purchase of land has been made for the erection of forts, magazines, chase of lands for arsenals, dock-yards, and other needful buildings, without such consent having been obtained. forts, &c. Title 43. 28 April, 1828 s. 2, v. 4, p. 264. SEC. 3733. No contract shall be entered into for the erection, repair, No contract to or furnishing, of any public building, or for any public improvement exceed appropri- which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose. [See § 5503.] ation. Restrictions on commencement 25 July, 1868, s. 3, v. 15, p. 177. SEC. 3734. Before any new buildings for the use of the United States of new buildings. are commenced, the plans and full estimates therefor shall be prepared and approved by the Secretary of the Treasury, the Postmaster-General, and the Secretary of the Interior; and the cost of each building shall not exceed the amount of such estimate. [See § 3663.] 15 July, 1870, v. 16, p. 296. Land not to be SEC. 3736. No land shall be purchased on account of the United purchased ex. cept under a law. States, except under a law authorizing such purchase. 1 May, 1820, s. 7, v. 3, p. 568. Title 70, Chap. 6. SEC. 5503. Every officer of the Government who knowingly contracts for the erection, repair, or furnishing of any public building, or for any beyond specific public improvement, to pay a larger amount than the specific sum apappropriation for propriated for such purpose, shall be punished by imprisonment not building. less than six months nor more than two years, and shall pay a fine of two thousand dollars. [See § 3733.] 25 July, 1868, s. 5, v. 15, p. 177. The Government can purchase land in a State without the consent of the legislature, but cannot without that consent exercise exclusive jurisdiction. The joint resolutions of September 11, 1841 (sec., R S.), does not forbid the payment of the purchase money of any site for the purpose of erecting build. ings before the consent of the legislature is obtained, but prohibit the expendi ture of public money upon improvements before such consent. If the legislative act of the State amounts to a consent, any exceptions, reservations, or qualifications contained in the act are void.-Op. X, 35, May 6, 1861, Bates. See also Op. XV, 212, Devens, March 27, 1877. A purchase of land by the Executive without the authority of law is an illegal act. Op. XI, 201, Speed, April 20, 1865. Where a contract is made for the purchase of property for Government purposes, and the head of a Department refuses to take it, the Attorney-General declaring the title defective, the contract is at an end. A succeeding Secretary cannot reconsider except upon new evidence, &c.-Op. IX, 100, Black, September 26, 1857. Compensation to district attorneys for examining titles proper. The amount may be agreed on in advance or fixed after the work is completed.-Op. XI, 433, Speed, May 8, 1866. See also Op. XIII, 15. The discretion given in an act to acquire by purchase or condemnation a lot of land for a public building does not extend to "acquisition" of adjoining land. Authority to purchase in the act does not include authority to acquire by condemnation. In statutes, generally, the word purchase is employed in a sense not technical, only as acquisition by agreement with and conveyance from the owners without Governmental interference.-Op. XVI, 226, Devens, May 14, 1879. The United States cannot accept a cession of jurisdiction from a State coupled with a condition that crimes committed within the limits of the jurisdiction ceded shall continue to be punished by the courts of the State.-Op. VIII, 419, Cushing. See Op. IX, 528, and the Regulations of the Department of Justice, published in General Orders, War Department, May 13, 1881, concerning examination and evidence of titles of lands to be conveyed to the United States. The act of a legislature of a State giving consent to the purchase of site for naval purposes is sufficient authority for the expenditure of money in its purchase, if the title is certified to.-Op. LX, 129, Black, November 23, 1877. It is such a cession of jurisdiction that is contemplated by the joint resolution of September 11, 1848.-Op. IX, p. 263. The term purchase embraces any mode of acquiring property other than by descent. The Secretary of War cannot accept a gift of land or interest in land, for any use or purpose, independently of statute authority. Public money cannot be expended for the erection of a public building upon land donated to the United States, until the Attorney-General has passed the title and the legisla ture of the State granted jurisdiction.-Winthrop's Digest, 406. See also this Digest for other important decisions and rulings on the subject of public lands and property; and against the power of the heads of the executive departments to lease, give away, or dispose in any manner of such land or property without authority of Congress. See also Op. IV, 480. Where land is donated to the United States for a site for a public building, for which an appropriation was made by Congress: Held, That the consent of the legislature of the State to the grant is required before any part of the appropriation can be lawfully expended in the erection of the building--Op. XVI, 414, Devens, January 7, 1880. Lands purchased and reserved by the United States for light-house, barracks, navy-yards, and other like purposes are not included in the designation of "public lands." Lands so purchased or reserved are in law and in fact severed from the public domain, and no subsequent law or warrant authorizing the ap propriation of "public lands" would be construed to embrace land so purchased or reserved.-Op. V, 578, Aug. 1, 1852, Crittenden. An act appropriating for a movable dam impliedly authorizes the purchase with the approval of the Secretary of War, of such land as is necessary for the construction of the dam. Payment of the purchase money may be made though the legislature of the State has not consented to the purchase. Expenditures for structuaes or improvements cannot be made upon land already purchased until the consent of the State is obtained.-Op. XV, p. 212, Devens, March 27, SEC. 197. The Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney-General, and Commissioner of Agriculture shall keep, in proper books, a complete inventory of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subsequently to the taking of such inventory, as well as an account of the sale or other disposition of any of such property. 15 July, 1870, s. 1, v. 16, p. 364. Title 4. Inventories of property. SEC. 1624. ART. 4. The punishment of death, or such other punish- Title 15, Chap.16. ment as a court-martial may adjudge, may be inflicted on any person in the naval service Offenses punishable by death. vessel. Tenth. Or intentionally or willfully suffers any vessel of the Navy to Willful strandbe stranded, or run upon rocks or shoals, or improperly hazarded; or ing or injury of maliciously or willfully injures any vessel of the Navy, or any part of her tackle, armament, or equipment, whereby the safety of the vessel is hazarded or the lives of the crew exposed to danger; 11181-13 |