Abbildungen der Seite
PDF
EPUB

PORTO RICO-Continued.

12. Same. As to those parts of the naval stations which are not adjacent to the city of San Juan, or are otherwise not within the provisions of the act of 1910, there is no warrant of law for their formal transfer or cession. Permission, however, may be given to the Porto Rican government through a letter or instrument in the nature of a revocable license for the use of these parts of the stations and the buildings thereon and for the construction of improvements temporary in nature. But it should not be attempted to transfer their permanent control to the insular government, nor would it be proper to permit the erection of improvements that would in fact be permanent. Ib.

13. Same. Any part or parts of the naval stations in Porto Rico no longer needed for the purposes of the Navy Department may be transferred to the control of the War Department or of any other department, either by formal Executive order or by arrangement between the Secretary of the Navy and the head of the other department. Ib.

14. United States District Court-Expenses.-The expenses of the District Court of the United States for Porto Rico should be paid from the funds of the government of Porto Rico. 553.

POST OFFICE APPROPRIATION ACT. See NEWSPAPERS, 1, 2, 3. POSTAL SAVINGS SYSTEM.

1. Acceptance of Dividends on Deposits.-The statute of Indiana, under which the St. Joseph County Savings Bank, of South Bend, Ind., a depository for postal savings funds, is incorporated, provides that the net profits of savings banks shall be distributed as dividends among the depositors, but it does not authorize the payment of interest on deposits, and it is inconsistent with the laws of the State for savings banks to establish a class of depositors who shall receive both interest and dividends. 513. 2. Apportionment of Postal Savings Deposits Among Qualified Banks.—When there is no bank to receive the funds in the particular place in which a postal savings depository is located, as provided for under section 9 of the act of June 25, 1910 (36 Stat. 816), creating the Postal Savings System, the deposits should be apportioned among the qualified banks equally convenient to such locality. 254.

3. Depositories-Ownership of Securities.-It is not essential, under the postal-savings depositories act of June 25, 1910 (36 Stat. 814), that the securities taken by the board of trustees for the payment of postal savings funds shall be the property of the bank. 4. Same. Where securities belonging to the directors or stockholders of a bank are pledged at their request with the board of trustees in behalf of the bank in consideration of the deposits of postal savings funds with the bank, the requirements of the act are satisfied. 266.

POSTAL SAVINGS SYSTEM-Continued.

5. Same. It would seem advisable that every deposit of securities with the board of trustees should be made by the bank itself, always assuming that it is accompanied by assurance from the owners admitting their consent to the pledge for the consideration running from the Government to themselves, namely, the deposit to be made by the Government at their request in the bank in which they are interested. Ib.

6. Duplication of Accounts.-A person is prohibited by section 4 of the postal-savings depositories act of June 25, 1910 (36 Stat. 815), from having more than one deposit account with the postal savings system. 316.

7. Exchange of Deposits for Postal-Savings Bonds.-As the opening of a second postal-savings account is unauthorized, it can not be treated as a proper basis for the exchange of deposits for postalsavings bonds under the provisions of section 10 of the abovementioned act. Ib.

8. Improvement Bonds-Certain improvement bonds of the city of Tuscaloosa, Ala., which purport to bind that city without any reservation, are public bonds supported by the taxing power within the meaning of section 9 of the postal-savings depositories act of June 25, 1910 (36 Stat. 816).

9. Same.

Certain other improvement bonds of the city of West End, Ala., which are not payable out of the general taxes of the municipality, but merely out of a special fund, are not acceptable as security for postal-savings deposits. 546.

10. Same.

Certain special improvement bonds of the city of Portland, Oreg., which are not limited in their obligation to any special fund, are public bonds supported by the general taxing power of the city within the meaning of section 9 of the postal-savings depositories act of June 25, 1910 (36 Stat. 816). 335.

11. Organization of Banks.-A bank is “organized under National or State laws" within the meaning of section 9 of the postalsavings depositories act of June 25, 1910 (36 Stat. 816), when it is incorporated, or clothed with the essential attributes of a corporation by virtue of legislative sanction. 368. 12. Same. The mere authority to transact a banking business, although granted in pursuance of State laws, carries with it no implication of organization under the State laws, irrespective of whether such authority is or is not exercised subject to State supervision and examination. Ib.

13. Pledging of Loaned Securities. It is immaterial under the postalsavings depositories act of June 25, 1910 (36 Stat. 814), from what source the bank obtains the securities furnished the board of trustees as collateral to postal-savings deposits, provided the board takes them in pledge on a valuable consideration with no other notice than that they are being used in the exact manner authorized by the owners thereof; and hence a bank may be permitted to pledge with the board of trustees as collateral to postal-savings funds bonds loaned to it for that purpose. 333.

POSTAL SAVINGS SYSTEM-Continued.

14. Same. When such bonds are transferred to the board of trustees by the bank in consideration of the deposit with the bank of postal-savings funds, the board acquires a good title thereto as pledgee, since said bonds are negotiable instruments and the board is a purchaser for value without notice of any flaw in the title thereto. Ib.

15. Private Banks in Indiana.-Private banks in Indiana under the legislation of 1907 may become depositories of postal-savings funds under section 9 of the act of June 25, 1910 (36 Stat. 816), as construed in the opinion of March 12, 1912 (29 Op. 368). 420. 16. Public Building Fund Bonds of Oklahoma.-Certain public building bonds issued by the State of Oklahoma and payable out of a trust fund which the State is pledged merely to administer are not acceptable as security for postal savings funds, as they are not supported by the taxing power within the meaning of section 9 of the postal savings depositories act of June 25, 1910 (35 Stat. 816). 451.

17. Settlement of Accounts of Deceased Depositors.-The Postmaster General is authorized to make regulations dispensing with administration proceedings in the settlement of accounts of deceased depositors in the Postal Savings System, provided such regulations be reasonable, adapted to the discovery of truth, and based upon the general legal principles governing the distributions of decedents' estates. 477.

18. Same. Perhaps it would be well to have the regulations printed in the pass book or otherwise brought to the attention of the depositors, and it would also seem wise, out of abundant caution, to have the regulations adopted by the board of trustees. Ib.

19. Wilson Township Bonds. Certain good road bonds of Wilson Township issued by the board of commissioners of Wilson County, N. C., under authority of law and which are payable out of taxes levied against all the property, both real and personal, contained within the limits of said township without any restrictions or limitations, may be accepted as security for deposits of postal savings funds consistently with section 9 of the postal savings depositories act of June 25, 1910 (36 Stat. 816), and with the regulations of the board of trustees. 425.

20. Same. The sufficiency of any bonds offered as security for the deposit of postal savings funds, even if they fall within the class "public bonds or other securities supported by the taxing power," rests entirely in the uncontrolled discretion of the board of trustees. Ib.

See also PORTO RICO, 1.

POSTAL SERVICE. See ERIE RAILROAD Co.; OCEAN MAIL SERVICE;

PHILIPPINE ISLANDS, 6, 7.

POSTMASTER GENERAL.

AUTHORITY TO ARRANGE SPECIAL PARCEL POST SERVICE. See
PHILIPPINE ISLANDS, 6, 7.

AUTHORITY TO MAKE REGULATION IN SETTLEMENT OF ACCOUNTS.
See POSTAL SAVINGS SYSTEM, 17, 18.

PRESIDENT.

1. Appointments.—The agents in the Alaska fur-seal fisheries service and the agents and inspector in the Alaska salmon fisheries service, whose positions were placed in the Division of Alaska Fisheries by the act of March 4, 1911 (36 Stat. 1439), need not be reappointed, since the mere creation of a new administrative division in which such positions are placed does not establish new offices; the new positions of agent, Alaska salmon fisheries, and of warden and deputy wardens, Alaska service, in the Division of Alaska Fisheries, should be filled by appointments made by the President, by and with the advice and consent of the Senate, as the duties of these officers are manifestly not clerical. 116.

2. Same. The deputy commissioner of fisheries must be appointed by the President, by and with the advice and consent of the Senate, and where such appointment is made by the head of the department it is illegal and the incumbent's status is that of a de facto officer. A new appointment is not made necessary, however, merely by reason of the increase of the salary of the office. 116.

3. Authority to Send Militia into a Foreign Country.-The Constitution, which enumerates the exclusive purposes for which the militia may be called into the service of the United States, affords no warrant for the use of the militia by the General Government, except to suppress insurrection, repel invasions, or to execute the laws of the Union, and hence the President has no authority to call forth the Organized Militia of the States and send it into a foreign country with the Regular Army as a part of an army of occupation. 322.

INFORMATION RELATING TO NATIONAL BANKS. See NATIONAL
BANKS, 4, 5.

PROCLAMATION. COPYRIGHT. See COPYRIGHT LAWS, 1.

SAME. EXCHANGE OF LANDS.

SAME. EXPORT OF ARMS, etc.

WAR, 6, 7, 8, 9.

See PORTO RICO, 10, 11.

See ARMS AND MUNITIONS OF

SAME. 50TH ANNIVERSARY OF EMANCIPATION PROCLAMATION.
See EMANCIPATION PROCLAMATION.

SAME.

SALES OF TIMBER FROM UNALLOTTED INDIAN LANDS. See INDIANS, 3.

PRIBILOF ISLANDS.

NATURALIST, FUR-SEAL FISHERIES, APPOINTMENT. See COM-
MERCE AND LABOR, SECRETARY OF, 2.

PHYSICIANS, APPOINTMENT. See COMMERCE AND LABOR, SEC-
RETARY OF, 2.

PRINTED FACING SLIPS.

See CONTRACTS, 3.

PROCLAMATION. COPYRIGHT PRIVILEGES. See COPYRIGHT LAws, 1. EXCHANGE OF LANDS. See PORTO RICO, 10, 11.

EXPORT OF ARMS, etc. See ARMS AND MUNITIONS OF WAR, 6, 7, 8, 9.

50TH ANNIVERSARY OF EMANCIPATION

EMANCIPATION PROCLAMATION.

PROCLAMATION. See

SALES OF TIMBER FROM UNALLOTTED INDIAN LANDS. See IN

DIANS, 3.

PROJECTILES. See EIGHT-HOUR LAW, 19.

PROMOTIONS. See ARMY, 4.

PUBLIC FUNDS. See NAVY, 1, 2, 3.

PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE.

Selection of Surgeon General. The President in selecting a
Surgeon General of the Public Health and Marine-Hospital
Service is not restricted by law to the list of commissioned
officers in the Medical Corps of that service. 287.

PUBLIC LANDS.

1. Disposition of Reclaimed Land Formerly Covered by Mud Lake, Minn. Lands in Minnesota ceded to the United States by the Chippewa Indians which were formerly covered by Mud Lake but are now reclaimed by drainage should be surveyed and disposed of for the benefit of the Indians like any other lands included in the cession which have been reclaimed pursuant to the act of May 20, 1908 (35 Stat. 169), and the drainage laws of the State.

2. Same. Any patents that may issue for the shore lots should be by appropriate description confined expressly to the land above the meander line. 455.

3. Same-Public lands beneath the waters of a navigable lake become subject to the disposition of the State wherein they lie upon and by virtue of her admission to the Union; but the question of navigability is a Federal question ultimately determinable by the Supreme Court of the United States, applying the Federal constitution. Ib.

4. Same. The test of navigability is actual or potential utility for the purposes of commerce-Mud Lake considered and held nonnavigable. Ib.

5. Same.-Public lands beneath the waters of a nonnavigable lake do not pass to the State by virtue of her admission, but are subject to be disposed of by the United States apart from the surrounding upland. Ib.

PUBLIC PRINTER. See GOVERNMENT PRINTING OFFICE, 1, 2.

PUBLIC PRINTER, DEPUTY. See GOVERNMENT PRINTING OFFICE, 3.

PUBLIC WORK. See EIGHT-HOUR LAW, 15.

« ZurückWeiter »