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Sec. 192. [Expenditure for newspapers.] The amount expended in any one year for newspapers, for any Department, except the Department of State, including all the Bureaus and offices connected therewith, shall not exceed one hundred dollars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such Department. [R. 8.]

Act of Aug. 26, 1842, ch. 202, 5 Stat. L. 526.

Secs. 193, 194, 195, 196. [Relate to departmental reports to Congress. See ESTIMATES, APPROPRIATIONS, AND REPORTS, vol. 2, pp. 916–918.]

Sec. 197. [Relates to inventories of governmental property in departmental buildings. See Public PROPERTY, BUILDINGS, AND GROUNDS.]

Sec. 198. [Relates t, biennial lists of employees. See Public DocuMENTS.]

An act to authorize and provide for the disposition of useless papers in the Executive

Departments. [Act of Feb. 16, 1889, ch. 171, 25 Stat. L. 672.] (U seless papers in Departments to be reported to Congress - examination and sale.] That whenever there shall be in any one of the Executive Departments of the Government an accumulation of files of papers, which are not needed or useful in the transaction of the current business of such Department and have no permanent value or historical interest, it shall be the duty of the head of such Department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. And upon the submission of such report, it shall be the duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Representatives to appoint two Representatives, and the Senators and Representatives so appointed shall constitute a joint committee, to which shall be referred such report, with the accompanying statement of the condition and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a report of such examination and their recommendation. And if they report that such files of papers, or any part thereof, are not needed or useful in the transaction of the current business of such Department, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. [25 Stat. L. 672.]

For special provisions for the disposition tary of the treasury was authorized to sell of accumulations of useless papers, see the or otherwise dispose of useless papers acGeneral Index.

cumulating in the office of the auditor of the Note the amendment of this Act set out treasury for the post-office department, was below.

impliedly repealed by the general and comDisposition of useless papers. --The opinion prehensive Act of Feb. 16, 1889, 25 Stat. L. of the secretary of the treasury, in which the 672, ch. 171), for the reason that there was attorney-general concurred,

an insuperable repugnancy between the two clange in the Act of Congress of Aug. 5, 1882, statutes. (1895) 21 Op. Atty.-Gen. 151. 22 Stat. L. 228, ch. 389, whereby the secre

was

that the

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Attorney-general to control department of in the statutory provisions prescribing the justice. --- By the Act of June 22, 1870, 16 fees of that officer. See (1855) 7 Op. Aity.Stat. L. 164, ch. 150, Congress plainly in Gen. 46; (1866) 11 Op. Atty.-Gen. 433; tended to confine to the department of justice (1868) 12 Op. Atty.-Gen. 416. These opinall the litigation and all of the law business ions bear date prior to the enactment of the in which the United States are interested, Revised Statutes, but at the time they were and which theretofore had been scattered given the law regulating the compensation among different public officers, departments, of district attorneys was, in the main, suband branches of the goverment, and to break stantially the same as at present. But their up a practice of frequently employing in employment must be under authority of the ollicial attorneys in the public service, by attorney-general, who shall fix the amount assigning to the attorney-general the super of their compensation, to be paid out of the vision and control thereof. Perry v. U. S., appropriation made for the purchase of the (1893) 28 Ct. Cl. 483.

land. (1887) 19 Op. Atty.-Gen. 63; Weed v. Prior to the enactment by Congress of the U. S., (1897) 82 Fed. Rep. 414. Jaw of June 22, 1870, it was within the dis For opinions affecting the question of the cretion of the heads of departments to employ authority of the heads of the several execua special counsel for the conduct of any legal tive departments to employ counsel in matters business arising in their respective depart specially relating to their respective departments. The existence of this power to employ ments, see further (1871) 13 Op. Atty.-Gen. counsel was expressly recognized in the Act 514 (navy department); (1872) 14 Op. Atty.of Feb. 26, 1853, “ to regulate the fees and Gen. 13 (navy department); (1885) 18 Op. costs to be allowed clerks, marshals, and at Atty.-Gen. 135 (navy department); (1878) 16 torneys of the Circuit and District Courts of Op. Atty.-Gen. 99 (treasury department); the United States,” etc. See opinion of Hon. (1893) 20 Op. Atty.-Gen. 655 (treasury deCaleb Cushing, (1855) 7 Op. Atty.-Gen. 141; partment); (1885) 18 Op. Atty.-Gen. 124 and subsequent opinions holding, in effect, the (war department); (1889) 19 Op. Atty.-Gen. same views, which were founded on the Act 328 (agricultural department). of Feb. 26, 1853, see Bryan's Case, (1861) 10 Op. Employment of foreign counsel by secreAtty.-Gen. 41; (1868) 12 Op. Atty.-Gen. 368. tary of navy. - In view of the above section

When district attorneys entitled to special the secretary of the navy is not warranted in compensation. -- The question whether employing counsel in a foreign country to United States district attorney is entitled to institute a suit in behalf of the United States special compensation for services in examin to recover money for injury to a United ing titles to land proposed to be purchased by States war vessel, but should refer the matthe government, has been discussed by differ ter to the department of justice, which is ent attorney-generals prior to the enactment charged with the duty of determining when of the Act of June 22, 1870, 16 Stat. L. 164, the United States shall sue, for what it shall ch. 150, sec. 17, and they have uniformly sue, and that such suits shall be brought in held that he is entitled thereto, upon the appropriate cases. (1895) 21 Op. Atty.-Gen. ground that such services are not included 195.

Sec. 190. [Provides that persons formerly in departments are not to prosecute claims. See CLAIMS, vol. 2, p. 6.]

Sec. 191. [Certified balances.] [Repealed.] This section was as follows:

For decisions and opinions under section “ SEC. 191. The balances which may from 191, see (1869) 13 Op. Atty.-Gen. 6, 167; time to time be stated by the Auditor and (1872) 14 Op. Atty.-Gen. 65; (1876) 15 Op. certified to the heads of Departments by the Atty.-Gen. 139, 596; (1877) 15 Op. Atty.-Gen. Commissioner of Customs, or the Comptrollers 192, 626; (1881) 17 Op. Atty.-Gen. 233; of the Treasury, upon the settlement of pub (1893) 20 Op. Atty.-Gen. 655; U. S. v. Rand, lic accounts, shall not be subject to be changed (C. C. A. 1892) 53 Fed. Rep. 348; U. S. v. or modified by the heads of Departments, but Windom, (1891) 137 U. S. 636; Duval v. shall be conclusive upon the executive branch U. S., (1889) 25 Ct. Cl. 57; Matter of Bilof the Government, and be subject to revision lings, (1888) 23 Ct. Cl. 166; Mississippi Cent. only by Congress or the proper courts. The R. Co. v. U. S., (1888) 23 Ct. Cl. 32; Baltihead of the proper Department, before sign more, etc., R. Co. v. U. S., (1899) 34 Ct. Cl. ing a warrant for any balance certified to him 484; Real Estate Sav. Bank's Case, (1880) by a Comptroller, may, however, submit to 16 Ct. Cl. 352; McKnight's Case, (1877) 13 such Comptroller any facts in his judgment Ct. Cl. 307; McKee's Case, (1876) 12 Ct. C). affecting the correctness of such balance, but 533; Delaware River Steamboat Co.'s Case, the decision of the Comptroller thereon shall (1869) 5 Ct. Cl. 55; U. S. v. Cadwalader, be final and conclusive, as hereinbefore pro (1835) Gilp. (U. S.) 563, 25 Fed. Cas. No. vided.” Act of March 30, 1868, ch. 36, 15 14,706; U. S. 1'. Jones, (1855) 18 How. (U. S.) Stat. L. 54.

92; U. S. v. Lynch, (1890) 137 U. S. 280; It is directly repealed by section 8 of the Stanton v. U. S., (1889) 37 Fed. Rep. 252; Legislative, Executive, and Judicial Appro Erwin v. U. S., (1889) 37 Fed. Rep. 470; Harpriation Act of July 31, 1894, ch. 174, 28

v. U. S., (1890) 43 Fed. Rep. 560, Stat. L. 208, which Act contains substitute affirmed (1893) 147 U. S. 268. provisions. See TREASURY DEPARTMENT.

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Sec. 192. [Expenditure for newspapers.] The amount expended in any one year for newspapers, for any Department, except the Department of State, including all the Bureaus and offices connected therewith, shall not exceed one hundred dollars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such Department. [R. S.]

Act of Aug. 26, 1842, ch. 202, 5 Stat. L. 526.

Secs. 193, 194, 195, 196. [Relate to departmental reports to Congress. See EstimATES, APPROPRIATIONS, AND REPORTS, vol. 2, pp. 916-918.]

Sec. 197. [Relates to inventories of governmental property in departmental buildings. See Public PROPERTY, BUILDINGS, AND GROUNDS.]

Sec. 198. [Relates ti biennial lists of employees. See Public DocuMENTS.]

An act to authorize and provide for the disposition of useless papers in the Executive

Departments.

[Act of Feb. 16, 1889, ch. 171, 25 stat. L. 672.]

(U se less papers in Departments to be reported to Congress - examination and sale .] That whenever there shall be in any one of the Executive Departments of the Government an accumulation of files of papers, which

are not needed or useful in the transaction of the current business of such Department and have no permanent value or historical interest, it shall be the duty of the head of such Department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers. And upon the submission of such report, it shall be the duty of the presiding officer of the Senate to appoint two Senators, and of the Speaker of the House of Representatives to appoint two Representatives, and the Senators and Representatives so appointed shall constitute a joint committee, to which shall be referred such report, with the accompanying statement of the condition and character of such papers, and such joint committee shall meet and examine such report and statement and the papers therein described, and submit to the Senate and House, respectively, a report of such examination and their recommendation. And if they report that such files of papers, or any part thereof, are not needed or useful in the transaction of the current business of such Department, and have no permanent value or historical interest, then it shall be the duty of such head of the Department to sell as waste paper, or otherwise dispose of such files of papers upon the best obtainable terms after due publication of notice inviting proposals therefor, and receive and pay the proceeds thereof into the Treasury of the United States, and make report thereof to Congress. [25 Stat. L. 672.]

For special provisions for the disposition tary of the treasury was authorized to sell of accumulations of useless papers, see the or otherwise dispose of useless papers acGeneral Index.

cumulating in the office of the auditor of the Note the amendment of this Act set out treasury for the post-office department, was below.

impliedly repealed by the general and comDisposition of useless papers.-The opinion prehensive Act of Feb. 16, 1889, 25 Stat. L. of the secretary of the treasury, in which the 672, ch. 171), for the reason that there was attorney-general concurred, that the an insuperable repugnancy between the two clause in the Act of Congress of Aug. 5, 1882, statutes. (1895) 21 Op. Atty.-Gen. 151. 22 Stat. L. 228, ch. 389, whereby the secre

was

[Extension of provisions of Act of Feb. 16, 1889, ch. 171.] That the Act entitled “An Act to authorize and provide for the disposition of useless papers in the Executive Department,” approved February sixteenth, eighteen hundred and eighty-nine, be, and the same is hereby, amended so as to include in its provisions any accumulation of files of papers of a like character therein described now or hereafter in the various public buildings under the control of the several Executive Departments of the Government.

[28 Stat. L. 933.] The above provision occurs in the Sundry Civil Appropriation Act of March 2, 1895, ch. 189.

Sec. 4. [Closing Departments for deceased ex-officials prohibited.] That hereafter the Executive Departments of the Government shall not be closed as a mark to the memory of any deceased ex-official of the United States. [27 Stat. L. 715.]

The above section 4 is from the Legislative, Executive, and Judicial Appropriation Act of March 3, 1893, ch. 211.

[Condition of public business in bureaus monthly reports - hours of service - quarterly reports to President.]

Hereafter it shall be the duty of the head of each Executive Department to require monthly reports to be made to him as to the condition of the public business in the several bureaus or offices of his Department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the Department in which such arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. Hereafter it shall be the duty of the head of each Executive Department, or other Government establishment at the seat of government, not under an Executive Department, to make at the expiration of each quarter of the fiscal vear a written report to the President as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears. [30 Stat. L. 317.]

This is the latter part of section 5 of the The first part of section 5 of the Act of Legislative, Executive, and Judicial Appro March 3, 1893, ch. 211, amended as above priation Act of March 3, 1893, ch. 211. This stated, relates to hours of labor and leaves section was amended to read as above given of absence for departmental employees, and by section 7 of the Legislative, Executive, and is given under the title CIVIL SERVICE, vol. 1, Judicial Appropriation Act of March 15, 1898, ch. 68, 30 Stat. L. 317.

p. 818.

EXECUTIVE MANSION.
See PUBLIC PROPERTY, BUILDINGS, AND GROUNDS. .

66

Volume III.

EXECUTORS AND ADMINISTRATORS.

When Excluded as Witnesses, see WITNESSES.
Grant of Patents to, see PATENTS.
Sale of Homestead for Benefit of Children, see PUBLIC LANDS.
Liability for Debts Due United States, see CLAIMS, vol. 2, p. 49.
Holding Bank Stock, see NATIONAL BANKS.

EXEMPTIONS. See BANKRUPTCY; INTERNAL REVENUE; JURIES; MILITIA;

; ; PENSIONS; PUBLIC DEBT, etc. And consult the General Index.

EXPATRIATION.

See CITIZENSHIP, vol. 1, p. 788.

EXPORTS.

See IMPORTS AND EXPORTS.

EXTORTION.

by Customs Officers, see CUSTOMS DUTIES, vol. 2, p. 586.
By Internal Revenue Officers, see INTERNAL REVENUE.
By Public Land Officers, see PUBLIC LANDS.
By Inspectors of Steam Vessels, see STEAM VESSELS.
By Shipping Commissioners, see SEAMEN.
And see generally PUBLIC OFFICERS.

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