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Senators, members, etc., may send documents free

Sec. 7, ibid.

ence with officials, etc.

June 3, 1898, V. 30, p. 413.




Sec. 3, July 5,

322. Senators, Representatives, and Delegates in Congress, the Secretary of the Senate, and Clerk of the House of Representatives may send and receive through the

mail all public documents printed by order of Congress;' How franked. and the name of each Senator, Representative, Delegate,

Secretary of the Senate, and Clerk of the House shall be written thereon, with the proper designation of the office he holds; and the provisions of this section shall apply to each of the persons named therein until the first day of December following the expiration of their respective

terms of office. Sec. , ibid. Correspond- 323. Hereafter the Vice-President, Members and

Members-elect of and Delegates and Delegates-elect to Congress shall have the privilege of sending free through the mails, and under their frank, any mail matter to any Government official or to any person, correspondence not exceeding two ounces in weight, upon official or departmental business. Act of June 3, 1898 (30 Stat. L., 443).

324, 325. The provisions of the fifth and sixth sections franking privi

of the act entitled "An act establishing post routes, and 1884, v. 23, p. 135, for other purposes” approved March third, eighteen hun

dred 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 Official mailapplicable to all official mail matter of the Smithsonian

Institu- Institution. Sec. 3, act of July 5, 1884 (23 Stat. L., 158). . Return penal 326. Any Department or officer authorized to use the ty envelopes.

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. Ibid.

327. Any letter or packet to be registered by either of partments, etc.

, the Executive Departments, or bureaus 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 addressed to either of Extended to letters addressed officially to any officer of the Government by section 3, act of March 3, 1891 (26 Stat. L., 1081).

matter of Smith-

Mail matter of Executive De.

tered free.

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, including expenses of postages. And section thirty-nine hundred 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).



328. The Postmaster-General shall contract for all envel- Postmasteropes, stamped or otherwise, designed for sa.e to the pub-tract for all en: lic, or for use by his own or other Departments, and may

ecutive Departcontract for them to be plain or with such printed matter seg Jan 22; as may be prescribed by the Department making requisition therefor: Provided, That no envelope furnished by the Government shall contain any business address or advertisement.' Sec. 96, act of January 12, 1895 (28 Stat. L.,624).


30, p. 432.

329. During the continuance of the existing war the Establishment Postmaster-General may, in his discretion, establish a June 6, 1898, v. temporary post-office at any military post or camp for the purpose of supplying the officers and troops there encamped with mails, the location of which post-office may at any time be changed to any other post or camp. On the establishment of such post-office he shall cooperate with the Secretary of War or officer commanding such post or camp for the purpose of securing the detail of an officer of the Regular or Volunteer Army of suitable rank to act as postmaster, who shall, when the exigency will permit, execute a bond to the United States as such, and of a sufficient number of noncommissioned officers and privates to act as clerks in said post-office, who shall serve as such without additional salary, pay, or compensation other than that attaching to their rank and position in the Army. Each of said persons shall, before entering upon the discharge of his duties, take the oath prescribed for

1 In the event of an exigency requiring the immediate delivery of envelopes, the head of the Department in which the exigency exists may make the purchase required by the exigency. XXI Opin. Att. Gen., 181.

He may

persons employed in the postal service.

In any case where it is deemed impracticable by the military authorities to detail persons from the Army to act as postmaster or clerks the Postmaster-General is authorized to appoint a civilian as postmaster, and also to make a special order allowing to him reasonable compensation for clerical services and to meet the necessary expenses of said office, as well as a proportionate increase of salary to the postmaster during the period of such extraordinary business as may attach to his office, under the provisions of section thirtyeight hundred and sixty-three, Revised Statutes, payable out of the appropriations for the postal service. also provide for the issue and payment of money orders at any post-office established under the provisions of this act after the postmaster shall have given bond as required by law. Act of June 6, 1898 (30 Stat. L., 432).

330. The Postmaster-General shall supply to post-offices referred to in the preceding section all necessary postage stamps, stamped envelopes, postal cards, and other supplies of whatever description. He may also prescribe regulations for the conduct of the business at such post-offices in conformity, so far as the same may be applicable, to the regulations relating to the ordinary postal service. Sec. 2, ibid.

331. In any case where, in the judgment of the Postmaster-General, any military post or camp can be better and more economically supplied by a branch post-office, he may, without reference to its distance from the main office, establish the same and meet the expenses thereof by special order, as in the case of post offices referred to in the preceding section. Sec. 3, ibid.

Sec. 2, ibid.

Branch offices.
Sec. 3, ibid.

The act of June 2, 1900 (31 Stat. L., 273), and subsequent acts of appropriation make provision for the “postal service in the Philippine Islands or territory held hy military occupation, and for additional transportation to and from said territory, also including postal service for military camps or stations, to be used in the discretion of the Postnlaster-General.”






Par. 332. Establishment of Department of 340. Conduct and argument of cases. Justice.

341. Performance of duty by officers of 333. Solicitor-General.

Department of Justice. 331. Title to land to be examined.

342. Officers of the Department to per335. Suspension of statute.

form all legal services required for 336. Duties of Attorney-General.

other Departments. 337. Opinion of Attorney-General upon 343. Attendance of counsel. questions of law.

344. Interest of United States in pending 338. Legal advice to Departments of War suits, who may attend to. and Navy.

345. Publication of opinions. 339. Reference of questions by Attorney- 346–361. The writ of habeas corpus. General to subordinates.

362–417. The Court of Claims.

20, s. 35, v. 1, p. 92;

332. There shall be at the seat of government an Execu


of Department of tive Department to be known as the Department of Justice, and an Attorney-General, who shall be the head.Sept. 24, 1789.c. thereof.

June 22, 1870, c. 150, s. 1, v. 16, p. 162. Sec. 346, R. S. 333. There shall be in the Department of Justice an offi- Solicitor-Gen. cer learned in the law, to assist the Attorney-General in 1649e22; 1870, c. the performance of his duties, called the Solicitor-General, 162 July 71881, who shall be appointed by the President, by and with the Sec. 347, R. S. advice and consent of the Senate, and shall be entitled to 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 exercise all the duties of that office.

'. v. 23, p. 192.




334. No public money shall be expended upon any site Title to land to or land purchased by the United States for the purposes States. Sept. 11, of erecting thereon any armory, arsenal, fort, fortification, 1841

, Res. No. 6, navy-yard, custom-house, light-house, or other public build - See. 365, R. S. ing, 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.'

335. In case of emergency when, in the opinion of the CROTONE , President, the immediate erection of any temporary fort 1898, V. 30, p. 737. or fortification is deemed important and urgent, such tem

porary fort or fortification may be constructed upon the written consent of the owner of the land upon which such work is to be placed; and the requirements of section three hundred and fifty-five of the Revised Statutes shall not be applicable in such cases. Joint Res. No. 18, of April 11, 1898 (30 Stat. L., 751).

Suspension of statute in cases


Duties of Attorney-General.


of law.

336. The Attorney-General shall give his advice and Sec. 364, R. S. opinion upon questions of law, whenever required by the

President. Opinion of At 337. The head of any Executive Department may require upon questions the opinion of the Attorney-General on any questions of June 22; 1970, c. law arising in the administration of his Department.”

338. Whenever a question of law arises in the adminisWar and Narxtration of the Department of War or the Department of 130, s. 6, v. 16, p. the Navy, the cognizance of which is not given by statute Sec. 357, R. S. to some other officer from whom the head of the Depart

ment may require advice, it shall be sent to the Attorney

1506, v. 16,
163. Sec. 356, R. S.

Legal advice to
Departments of

* The Attorney-General in certifying the title of land purchased by the Government must look at the question as one of pure law, and 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. VI Opin. Att. Gen., 432. See the chapters entitled THE PUBLIC LANDS, ConTRACTS AND PURCHASES, AND THE CORPS or ENGINEERS. See, also, I Compt. Dec., 348.

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.

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