LOTTERY-Continued. 7. Same-Rule of Construction.-Any enterprise or scheme by which a person pays for a chance to obtain something of much greater value, the getting or failure to get which depends upon lot or chance, is similar to a lottery in the sense in which that word is used in this statute. Ib. 8. Same-Defender Shoe Store et al.-The scheme adopted by the Defender Shoe Store for carrying on business through the mails is as follows: A ticket is sent to A, who returns it with 80 cents, and receives a book containing four similar tickets to sell to four different persons, collecting from each, first, 20 cents, which repays him the 80 cents he first sent; second, he collects also from each 80 cents, making $3.20, which he takes with the four tickets to the company's store and for which he gets a pair of shoes. Another book containing four tickets is sent to each of the four persons to whom A sold his tickets, and each is expected, in turn, to sell these four tickets, upon the same terms, and get a pair of shoes therefor, and so on indefinitely. The schemes adopted by the Parisian Skirt Company, the Peerless Shoe Company, and by Henry Murray are similar in all essential respects, but they differ from the former in that it is not the originator of the series, but the persons to whom he sells the coupons who are to send in the money, and also in containing a provision that in case two coupons are sold, and the cash therefor turned in, the seller is entitled to some other article of less value, or the company will redeem the unsold coupons at a certain value. Held, That such schemes do not come within the prohibition of section 3894, Revised Statutes, as amended by the act of September 19, 1890 (26 Stat., 465), which forbids the transmission through the mails of matter "concerning any lottery, so-called gift concert, or other similar enterprise offering prizes dependent upon lot or chance." 260. 9. Same. The only element of uncertainty as to getting the article offered in each particular case above named is whether the person will succeed in selling the four tickets, and this depends upon his own ability and exertion as much as ordinarily does the question whether one can sell that which he has for sale. Ib. 10. Same-Rule of Construction.-If the condition upon which a prize may be received depends solely upon the ability of the beneficiary to perform that condition, then it does not depend upon "lot or chance," in any legal sense. Ib. 11. Same. To constitute "lot or chance," in a legal sense, the condition upon which the prize is to be received must depend for its performance entirely upon others over whom and whose action the beneficiary has no control. Ib. 12. Guesses as to Presidential Majority. It is not offering a prize "dependent upon lot or chance," within the meaning of section 3894, Revised Statutes, as amended by the act of September 19, LOTTERY-Continued. 1890 (26 Stat., 465), for a corporation to issue and sell shares of stock, agreeing that one-half of the purchase money shall be divided into prizes of different amounts and distributed among the purchasers of the stock whose guesses as to the majority that will be received by either Presidential nominee shall be nearest correct. 207. 13. Guesses-Number of Paid Admissions to Pan-American Exposition at Buffalo. The offering of prizes by a newspaper to those who make the nearest estimates of the number of paid admissions to the Pan-American Exposition at Buffalo, from the day of opening to the day of closing, is not in violation of section 3894, Revised Statutes, as amended by the act of September 19, 1890 (26 Stat., 465). 492. 14. Same. The words "dependent upon lot or chance," as used in the above-named section, exclude estimates which are based upon mental calculation, even though the factors which enter into such calculation may be uncertain and matter of conjecture. Ib. MAILS. See POSTAL SERVICE, 1. MARSHALS OF CONSULAR COURTS. Oath of Office.Subjects of a foreign nation may be appointed marshals of consular courts, and, when so appointed, need not, under the laws or regulations, take the oath prescribed by sections 1756 or 1757, Revised Statutes. In such cases the officer should take the oath prescribed, except as to allegiance. 608. MEDALS. 1. For Life Saving-Secretary of the Treasury.--The act of January 21, 1897 (29 Stat., 494), which was passed for the purpose of giving a more liberal construction to the acts of June 20, 1874 (18 Stat., 127), and of June 18, 1878 (20 Stat., 165), provides that the several acts heretofore passed "shall be construed so as to empower the Secretary of the Treasury to bestow such medals upon persons making signal exertion in rescuing and succoring the shipwrecked, and saving persons from drowning in the waters over which the United States has jurisdiction, whether the said persons making such exertion were or were not members of a life-saving crew, or whether or not such exertions were made in the vicinity of a life-saving station." These acts are in pari materia, and may be read as one act. 78. 2. Same. The act of 1897 empowers the Secretary of the Treasury to bestow medals of honor upon all persons who, in his opinion, have endangered their lives in saving or attempting to save human life, whenever, wherever, and in whatever way it may be imperiled by the sea. Ib. MEXICO. 1. Extradition from Mexico-Rearrest and Trial on another Charge.— Acosta, having been returned from Mexico to the State of Florida under extradition proceedings, to be punished for a crime committed within that State, was convicted and sentenced to imprisonment. Upon his release he was arrested for another crime without having an opportunity of returning to Mexico. Demand having been made upon the State Department by the Mexican Government for his release, and it not appearing that the prisoner has made an attempt to invoke his right to return to Mexico, Held, That any action by the Department of State at this time to secure his release would be premature. 604. 2. Same. The primary resort of the defendant is to the courts. He may either apply to the Federal courts for a writ of habeas corpus, or interpose the alleged irregularity of his arrest as a matter of defense on the trial of his case in the State court. Ib. 3. Same-Authority of the Federal Government.-The question whether, in case any rights the prisoner may possess are denied in the State courts, the Federal Government is powerless or free from obligation to interfere in that which may then be a matter of international obligation, is not decided. MILITARY ROADS. Ib. 1. Withdrawal from Sale.-The appropriation by Congress of land for a military road and the building of such road thereon just as effectually withdraws and excludes such land from sale as if it had been done in express terms. 283. 2. Same-Effect of Land Patents.-The fact that patents have since been issued for lands through which such road passes, without any reservation of the lands included within the road, does not operate as a vacation of the portion of the road within the patented lands, nor give to such owner a right to obstruct, interfere with, or change the location of the road. Ib. 3. Same-Authority to Abandon, Vacate, or Alienate such Road.-Congress having set apart a portion of the public domain for a military road, and having constructed thereon such road, it is not within the power of any other department of the Government to abandon, vacate, or alienate the road, or the land on which it is constructed, and a patent issued for such lands would, to that extent, be inoperative and void. Ib. 4. Same-Not Subject to State or Private Control.-Such a road, though within a State, is not subject to either State, municipal, or private control, or interference in any way. Ib. MINING LAWS. 1. Cuba. The Spanish mining laws were not continued in force in Cuba after the American occupation of the island. 222. 2. Same-Disposition of Mining or Other Property Formerly Belonging to the Spanish Crown.-The President, by virtue of his constitutional MINING LAWS-Continued. authority as Commander in Chief of the Army and Navy, has adequate power to use and make disposition of property in Cuba formerly belonging to the Crown of Spain, or subject to the imperial prerogative, and this includes the right to dispose of mining or other property formerly belonging to the Spanish Crown. Ib. 3. Same-Grants of Mining Rights-The President-Military Governor.If he desires to do so, the President can authorize the military governor of Cuba to make grants of mining rights, but whether such power should be exercised is a question involving important and delicate considerations. Ib. MONEY ORDERS. See INTERNAL REVENUE, 8-10 MOUNT VERNON RELICS. 1. Are the Property of George Washington Custis Lee.-The Mount Vernon relics (so called) which were removed from Arlington by the military authorities of the United States in 1862 for safekeeping, and are now deposited in the Smithsonian Institution, are the private property of George Washington Custis Lee, they having passed to him under the will of his grandfather, George Washington Parke Custis, upon the death of his mother, Mary Ann Randolph Lee. 437. 2. Restoration. The Government having taken possession of these articles solely for their safe-keeping, and never having acquired title to them, the President has the power to return them to their rightful owner. Their restoration now is quite as much within the scope of Executive authority as has been their preservation. Ib. NATIONAL BANKS. 1. Organization of, in Hawaii.-The act of April 30, 1900 (31 Stat., 141), extended the national banking laws of the United States to the Territory of Hawaii, and the Comptroller of the Currency is authorized to grant permission for the organization of national banks therein. 177. 2. Same.-Sections 5154 and 5155, Revised Statutes, do not apply to banks existing in Hawaii prior to the passage of the act of April 30, 1900, but refer exclusively to banks organized under special or general laws of a State. Ib. 3. Porto Rico. By virtue of section 14 of the act of April 12, 1900 (31 Stat., 77), the laws of the United States relative to the organization and powers of national banks were extended to Porto Rico. 169. NATIONAL FOREST RESERVES. 1. Prohibition of Hunting.-The Secretary of the Interior can not, without express authority of law, prescribe rules and regulations by which the national forest reserves may be made refuges for game, or by which the hunting, killing, or capture of game thereon may be forbidden. 589. NATIONAL FOREST RESERVES-Continued. 2. Same. Neither the act of June 4, 1897 (30 Stat., 11, 34), nor the act of March 3, 1899 (30 Stat., 1095), nor any other provision of law, confers upon the Secretary of the Interior this power. Ib. NATIONALS. See WORDS AND PHRASES. NAVAL COURT-MARTIAL. See COURT-MARTIAL, 3. 1. Advancement-Confirmation—Status-McCalla-Pillsbury-Rittenhouse. On August 10, 1898, Commodore William T. Sampson was advanced eight numbers by the President and appointed a rear-admiral; Capt. John Philip was similarly advanced five numbers and appointed a commodore; Commander Bowman H. McCalla was likewise advanced five numbers and appointed a captain, all to take rank from date of appointment. None of these appointments was confirmed by the Senate. Lieut. Commander John E. Pillsbury was appointed a "commander from the 10th day of August, 1898, rice Commander Bowman H. McCalla, advanced and promoted," which appointment was confirmed by the Senate December 14, 1898. Lieut. Hawley O. Rittenhouse was nominated and confirmed by the Senate to be a lieutenant-commander rice Pillsbury, and other officers in line likewise promoted. On August 10, 1898, there was no vacancy in the grade of commander to which Pillsbury could have been appointed unless the advancement of McCalla was confirmed. Held, That (1) the advancement and promotion of Sampson, Philip, and McCalla by the President alone, not being confirmed by the Senate, did not create vacancies in their respective offices. (2) As the Senate could not increase the number of commanders, the confirmation of Pillsbury necessarily either removed McCalla or it promoted him, and the Senate has said which it was, "in the place of McCalla, advanced and promoted." Therefore the appointment and confirmation of Pillsbury operated to duly advance, promote, and confirm McCalla to be a captain, and it created a vacancy which made regular the appointment and confirmation of Pillsbury, Rittenhouse, and other successive appointments. (3) The confirmation of an officer nominated for promotion may be made as well by the appointment and promotion of his successor as in any other way, provided it shows the assent of the Senate to such promotion. (4) Those below McCalla were promoted to fill vacancies, none of which existed prior to December 14, 1898, when the Senate confirmed Pillsbury. Therefore the act of June 22, 1874 (22 Stat., 191), does not apply to entitle them to pay in the higher grades from the time they took rank, respectively. 30. 2. President-Nominations for Advancement.—The President has power to nominate for advancement, and to submit such nomination to the Senate for confirmation, temporary officers of the Navy recommended by the Sicard Board for advancement for espe |