§ 525. (Act March 4, 1913, c. 141, § 7.) Solicitor for Department of Labor.

There shall be a solicitor of the Department of Justice for the Department of Labor, whose salary shall be five thousand dollars. per annum. (37 Stat. 738.)

This section was part of the "Act to create a Department of Labor," cited above.

Other sections of the act are set forth under Title XII B, "The Department of Labor," post, §§ 932-936, 940-942.

§ 526. (R. S. § 351.) Subordinate officers.

There shall be in the Department of Justice,

One chief clerk, at a salary of two thousand two hundred dollars

a year.

One law clerk, acting as examiner of titles, at a salary of three thousand dollars a year.

One stenographic clerk, at a salary of two thousand dollars a

year.

One clerk, at a salary of two thousand dollars a year.
One disbursing clerk.

In the office of the Solicitor of the Treasury:

One chief clerk, at a salary of two thousand dollars a year, and such temporary clerks as may from time to time be needed, but the allowances for such temporary clerks shall in no one year exceed one thousand dollars.

Act March 3, 1853, c. 97, § 3, 10 Stat. 211. Act March 3, 1865, c. 98, § 2, 13 Stat. 516. Act July 23, 1866, c. 208, § 5, 14 Stat. 207. Act June 22, 1870, c. 150, § 10, 16 Stat. 163. Act June 25, 1868, c. 71, § 5, 15 Stat. 75. Act June 22, 1870, c. 150, § 3, 16 Stat. 162.

This section enumerated the subordinate officers in the Department and their salaries at the time of the compilation of the Revised Statutes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, § 249. Subsequent appropriation acts provided for officers and clerks and for salaries different from those fixed by the above section. The appropriations for recent years include those for the offices of the Solicitor of the Treasury and the Solicitor of the Department of Commerce. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 1, 37 Stat. 781, 782.

Appropriations for subordinate officers, etc., in the offices of the Solicitor of the Department of State, the Assistant Attorney-General for the Post-Office Department, and the Assistant Attorney-General for the Interior Department, are made in connection with the appropriations for those Departments, respectively, in the annual legislative, executive, and judicial appropriation acts. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 1, 37 Stat. 750, 772, 779.

A provision in the appropriations for the Department of Justice for the fiscal year 1898, Act Feb. 19, 1897, c. 265, § 1, for a "stenographic clerk," $1,800, was amended to read "private secretary to the Attorney-General," $2,400, by a provision of Act July 19, 1897, c. 9, § 1, 30 Stat. 129. Subsequent appropriations continued the provision for such an officer, in recent years as "private secretary and assistant to the Attorney-General," at a salary of $3,000. The provision for the fiscal year 1914 was by Act March 4, 1913, c. 142, § 1, 37 Stat. 781.

§ 527. (R. S. § 352.) Rooms to be provided.

The superintendent of the Treasury building shall from time to time provide such rooms as may be suitable and necessary for the accommodation of the Department of Justice, in some building in the vicinity of the Treasury building.

Act June 22, 1870, c. 150, § 13, 16 Stat. 164.

This section was practically superseded by appropriations, subsequent to Act June 22, 1870, c. 150, § 13, which was incorporated into this section for rent of a building for the Department. See Act March 3, 1871, c. 113, § 1, 16 Stat. 494, and similar subsequent acts.

The seal heretofore provided for the office of the Attorney-General shall be, with such change as the President shall approve, the seal of the Department of Justice.

Act March 5, 1872, c. 30, § 2, 17 Stat. 35.

The seal adopted for the office of Solicitor of the Treasury remains in his charge, under R. S. § 372, post, § 548.

§ 529. (R. S. § 354, as amended, Act Feb. 27, 1877, c. 69, § 1.) Duties of Attorney-General.

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

Act Sept. 24, 1789, c. 20, § 35, 1 Stat. 92. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.

The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, cited above, consisted in the insertion, after the word "questions," of the word "of."

(R. S. § 355. Transferred to Title XLIII A.)

This section prohibited expenditure of public money on any site or land purchased by the United States for purposes of erecting any of certain specified buildings or structures or any other public building, until the written opinion of the Attorney-General should be had in favor of the validity of the title, and con ta ined further provisions relating to titles to such lands. It is placed, with other provisions relating to the subject, under Title XLIII A, “Public Buildings and Works," post, § 6902.

§ 530. of The of the

(R. S. § 356.) Opinion of Attorney-General upon questions law.

head of any Executive Department may require the opinion Attorney-General on any questions of law arising in the administration of his Department.

Act June 22, 1870, c. 150, § 6, 16 Stat. 163.

§ 531.

(R. S. § 357.) Legal advice to Departments of War and Navy. Whenever a question of law arises in the administration of the Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the Department may require advice, it shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department, or otherwise disposed of as he may deem proper.

Act

§ 532.

to

Any opinion

June 22, 1870, c. 150, § 6, 16 Stat. 163.

R. S. § 358.) Reference of questions by Attorney-General Subordinates.

question of law submitted to the Attorney-General for his except questions involving a construction of the Constitu

tion of the United States, may be by him referred to such of his subordinates as he may deem appropriate, and he may require the written opinion thereon of the officer to whom the same may be referred. If the opinion given by such officer is approved by the Attorney-General, such approval indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General.

Act June 22, 1870, c. 150, § 4, 16 Stat. 162.

§ 533. (R. S. § 359.) Conduct and argument of cases.

Except when the Attorney-General in particular cases otherwise directs, the Attorney-General and Solicitor-General shall conduct and argue suits and writs of error and appeals in the Supreme Court and suits in the Court of Claims in which the United States is interested, and the Attorney-General may, whenever he deems it for the interest of the United States, either in person conduct and argue any case in any court of the United States in which the United States is, interested, or may direct the Solicitor-General or any officer of the Department of Justice to do so.

Act Sept. 24, 1789, c. 20, § 35, 1 Stat. 92. Act June 25, 1868, c. 71, § 5, 15 Stat. 75. Act June 22, 1870, c. 150, § 5, 16 Stat. 162.

Authority was given to the Attorney-General and to officers, attorneys, etc., specially directed by him, to conduct legal proceedings in any district, by Act June 30, 1906, c. 3935, post, § 534.

§ 534. (Act June 30, 1906, c. 3935.) Conduct of any legal proceedings which district attorneys are authorized to conduct. The Attorney-General or any officer of the Department of Justice, or any attorney or counselor specially appointed by the Attorney-General under any provision of law, may, when thereunto specifically directed by the Attorney-General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrates, which district attorneys now are or hereafter may be by law authorized to conduct, whether or not he or they be residents of the district in which such proceeding is brought. (34 Stat. 816.)

This was an act entitled "An act to authorize the commencement and conduct of legal proceedings under the direction of the Attorney-General."

§ 535. (R. S. § 360.)

ment of Justice.

Performance of duty by officers of Depart

The Attorney-General may require any solicitor or officer of the Department of Justice to perform any duty required of the Department or any officer thereof.

Act June 22, 1870, c. 150, § 14, 16 Stat. 164.

Further provisions that the Solicitor-General or any officer of the Department may be sent to any State or District to attend to the interests of the United States, were made by R. S. § 367, post, § 542.

§ 536. (R. S. § 361.) Officers of the Department to perform all legal services required for other 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.

Act June 22, 1870, c. 150, § 14, 16 Stat. 164.

The Departments and the Bureaus and officers thereof were required to furnish to the Attorney-General, for use in suits in the Court of Claims, all evidence, touching the claim, in their possession or knowledge, by R. S. § 188, ante, § 268.

§ 537. (R. S. § 362.) Superintendence of district attorneys and marshals.

The Attorney-General shall exercise general superintendence and direction over the attorneys and marshals of all the districts in the United States and the Territories as to the manner of discharging their respective duties; and the several district attorneys and marshals are required to report to the Attorney-General an account of their official proceedings, and of the state and condition of their respective offices, in such time and manner as the Attorney-General may direct.

Acts Aug. 2, 1861, c. 37, § 1, 12 Stat. 285. Act June 22, 1870, c. 150, §§ 16, 17, 16 Stat. 164.

General supervisory power over the accounts of district attorneys, marshals, etc., was conferred on the Attorney-General by R. S. § 368, post, § 543. § 538. (R. S. § 363.) Retaining counsel to aid district attorneys. 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 attorneys in the discharge of their duties, ancl shall stipulate with such assistant attorneys and counsel the amo Lint of compensation, and shall have supervision of their conduct and proceedings.

Act Aug. 2, 1861, c. 37, § 2, 12 Stat. 285. Act March 3, 1869, c. 121. § 1, 15 Stat. 283. Act April 10, 1869, c. 25, 16 Stat. 46. Act June 22, 1870, c. 10, § 16, 16 Stat. 164.

&nd

Annual appropriations for payment of assistants to the Attorney-General to United States district attorneys employed to aid in special cases are made in the sundry civil appropriation acts. Each such appropriation is accompanied by a provision that "this appropriation shall be available also for the payment of foreign counsel employed by the Attorney-General in special cases, and such counsel shall not be required to take oath of office in accordance with section three hundred and sixty-six, Revised Statutes of the United States." The provision for the fiscal year 1914 was by Act June 23, 1913, c. 3, § 1, 38 Stat. 54.

th di

di

ttorneys or counsel specially appointed by the Attorney-General, when reunto specifically directed by him, may conduct any legal proceeding which trict attorneys are authorized to conduct, whether they are residents of the trict or not, by Act June 30, 1906, c. 3935, ante, § 534.

provision of Act March 2, 1895, c. 187, § 1, 28 Stat. 848, that the Attorney-General, at the request of the Secretary of the Treasury, might employ

counsel to protect the interests of the Treasury Department in cases before the Board of General Appraisers, was amended by Act June 30, 1906, c. 3914, § 4, 34 Stat. 762, to provide for the appointment of a Solicitor of Customs and assistants, to protect the interests of the United States in all cases and matters before the Board of General Appraisers, and, when directed by the Attorney General, to appear in the courts in cases appealed from said Board. But so much of said section 4 of Act June 30, 1906, c. 3914, as related to the appointment of a Solicitor of Customs and assistants was repealed by section 41 of the Payne-Aldrich Tariff Act of 1909, Act Aug. 5, 1909, c. 6, § 41, 36 Stat. 118; other provisions for the purpose having been made by a new section added by section 28 of said Tariff Act of 1909 to the Customs Administrative Act of June 10, 1890, c. 407, as section 30 thereof, ante, § 519. See notes to said section, ante, § 519.

Authority to appoint assistant district attorneys was given by Act May 28, 1896, c. 252, § 8, post, § 1420.

§ 539. (R. S. § 364.) Attendance of counsel.

Whenever the head of a Department or Bureau gives the Attorney-General due notice that the interests of the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service.

Act Feb. 14, 1871, c. 51, § 3, 16 Stat. 412.

A similar provision was contained in R. S. § 187, ante, § 269.

§ 540. (R. S. § 365.) Counsel fees restricted.

No compensation shall hereafter be allowed to any person, besides the respective district attorneys and assistant district attorneys for services as an attorney or counselor to the United States, or to any branch or Department of the Government thereof, except in cases specially authorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Department of Justice, or by the district attorneys.

Act June 22, 1870, c. 150, § 17, 16 Stat. 164.

§ 541. (R. S. § 366.) Appointment and oath of special attorneys or counsel.

Every attorney or counselor who is specially retained, under the authority of the Department of Justice, to assist in the trial of any case in which the Government is interested, shall receive a commission from the head of such Department, as a special assistant to the Attorney-General, or to some one of the district attorneys, as the nature of the appointment may require; and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabilities imposed upon them by law.

Act June 22, 1870, c. 150, § 17, 16 Stat. 164.

The appropriation made for each recent fiscal year, for the payment of assistants to the Attorney-General and to district attorneys employed by the Attorney-General to aid in special cases, is made available for the payment of foreign counsel so employed, and such counsel shall not be required to take oath of office in accordance with this section, by a provision accompanying said appropriation, quoted in the note to R. S. § 363, ante, § 538.