To enable the President, in case only of threatened or actual epidemic of cholera, typhus fever, yellow fever, smallpox, bubonic plague, Chinese plague or black death, trachoma, influenza, or infantile paralysis, to aid State and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same, and in such emergency in the execution of any quarantine laws which may be then in force, $355,000: Provided, That a detailed report of the expenditures hereunder shall annually hereafter be submitted to Congress. Act of June 5, 1920 (41 Stat. 885), making appropriations for sundry civil expenses.

For the purpose of securing a reserve for duty in time of national emergency, Pub. Res. 42, Oct. 27, 1918 (40 Stat. 1012), directs that there shall be organized a reserve of the Public Health Service, but commission in said reserve shall not exempt the holder from military service.

382. Division of Venereal Diseases. That there is hereby established in the Bureau of the Public Health Service a Division of Venereal Diseases, to be under the charge of a commissioned medical officer of the United States Public Health Service detailed by the Surgeon General of the Public Health Service, which officer while thus serving shall be an Assistant Surgeon General of the Public Health Service, subject to the provisions of law applicable to assistant surgeons general in charge of administrative divisions in the District of Columbia of the Bureau of the Public Health Service. There shall be in such division such assistants, clerks, investigators, and other employees as may be necessary for the performance of its duties and as may be provided for by law. Sec. 3, chap. XV, act of July 9, 1918 (40 Stat. 886), making appropriations for the support of the Army.

That the duties of the Division of Venereal Diseases shall be in accordance with rules and regulations prescribed by the Secretary of the Treasury (1) to study and investigate the cause, treatment, and prevention of venereal diseases; (2) to cooperate with State boards or departments of health for the prevention and control of such diseases within the States; and (3) to control and prevent the spread of these diseases in interstate traffic: Provided, That nothing in this chapter shall be construed as limiting the functions and activities of other departments or bureaus in the prevention, control, and treatment of venereal diseases and in the expenditure of moneys therefor. Scc. 4, chap. XV, act of July 9, 1918 (40 Stat. 886-887).

CHAPTER 5.

DEPARTMENT OF JUSTICE AND THE FEDERAL COURTS.

383. Employment of legal services.-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. R. S. 189.

Notes of Decisions.

Purpose and effect of act creating Department of Justice. The provisions of act June 22, 1870, establishing the Department of Justice, which were incorporated into this and other sections of the Revised Statutes, indicate that Congress intended to gather into that department, under the supervision and control of the Attorney General, all the litigation and all the law business in which the United States are interested, and which previously had been scattered among different public officers, departments, and branches of the Government, and to break up the practice of frequently employing unofficial attorneys in the public service. Perry v. U. S. (1893), 28 Ct. Cl. 483, 489.

Employment of counsel by particular departments. Under the provisions of act June 22, 1870, sec. 17, incorporated into this section, the head of the Navy Department is not at liberty to employ counsel to conduct proceedings before a naval courtmartial, but should call upon the Depart

ment of Justice to furnish an officer for the service. (1871) 13 Op. Atty. Gen. 514; (1872), 14 Op. Atty. Gen. 13.

The Secretary of War has no authority to employ counsel to appear in court on bebalf of the military authorities in habeas corpus cases. (1871), 13 Op. Atty. Gen. 580, 583.

Special counsel, other than officers of the Department of Justice, may be employed by the Attorney General, at the request of the Secretary of the Navy, to assist the judge advocate in a trial by a naval courtmartial. (1885), 18 Op. Atty. Gen. 135, 137.

The Secretary of the Navy is not au thorized in view of this section to employ special counsel in foreign countries to institute suits in behalf of the United States for the recovery of damages caused to a war vessel of the United States, but should refer the matter to the Department of Justice for attention. (1895) 21 Op. Atty. Gen. 195.

384. Legal service for executive departments.-The officers of the Department of Justice, under the direction of the Attorney-General, shall give all opinions and render all services requiring the skill of persons learned in the law necessary to enable the President and heads of Departments, and the heads of Bureaus and other officers in the Departments, to discharge their respective duties; and 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 sixty-three. R. S. 361.

R. S. 363 provided that, "The Attorney General shall, whenever in his opinion the public interest requires it, employ and retain in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attor neys 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."

Notes of Decisions.

385. Opinions of the Attorney-General.-The Attorney-General shall give his advice and opinion upon questions law, whenever required by the President. R. S. 354.

Section three hundred and fifty-four is amended by inserting after the word "questions" in the second line, the word "of." Act of Feb. 27, 1877 (19 Stat. 241), amending R. S. 354.

Notes of Decisions.

386. Opinions rendered to the head of a department.-The head of any Executive Department may require the opinion of the Attorney-General on any questions of law arising in the administration of his Department. R. S. 356.

Notes of Decisions.