specifying the names of any consuls or commercial agents who may have been remiss in transmitting commercial information. Third. A full list of all consular officers. Fourth. A report of any rates or tariffs of fees to be received by diplomatic or consular officers, which may have been prescribed by the President during the year preceding. Fifth. A statement of such fees as may have been collected, accounted for, and reported by the various diplomatic and consular officers during the preceding year. Sixth. A statement of the lists of passengers arriving in the United States from foreign places, returned to him quarter-yearly by the collectors of customs. Seventh. A statement of the names of any consular officers, not citizens of the United States, to whom salaries have been paid during the year preceding, together with the circumstances under which they were appointed. Act Aug. 16, 1842, c. 181, 5 Stat. 507. Act Aug. 18, 1856, c. 127, §§ 16, 18, 22, 11 Stat. 57, 58, 60. Act Aug. 18, 1856, c. 170, § 2, 11 Stat. 139. Act Feb. 22, 1873, c. 184, § 1, 17 Stat. 473. The provisions of the first, second, and sixth subdivisions of this section, so far as they require reports from the Secretary of State, may be regarded as practically superseded by the establishment of the Department of Commerce, the transfer to that Department of duties, powers, etc., relating to the subjects of such reports, and the requirements of reports thereon by the Secretary of Commerce, by Act Feb. 14, 1903, c. 552, and subsequent acts, post, under Title XII A, "The Department of Commerce," §§ 859, 867-872. Provisions applicable to all the Departments, as to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in R. S. §§ 195, 196, ante, §§ 278, 279, and Act July 1, 1916, c. 209, § 3, ante, § 279a. § 307. (R. S. § 209.) fund. Statement of expenditures from contingent The annual statement of expenditures from the contingent fund required to be made by the Secretary of State, must include all the contingent expenses of foreign intercourse and of all the missions abroad, except such expenditures as are settled upon the certificate of the President. Act May 9, 1836, c. 59, § 2, 5 Stat. 25. Provisions applicable to all the Departments, as to reports of expenditures of contingent funds, are contained in R. S. § 193, ante, § 275, and Act March 3, 1877, c. 102, § 1, ante, § 276. Notes of Decisions trality of the United States, are chargeable to the funds of that Department. (1855) 7 Op. Atty. Gen. 398. Expenditures for preserving neutrality.-Miscellaneous expenditures, incurred by order of the State Department for the purpose of preserving the neu§ 308. (R. S. § 210.) Copies of acts and treaties furnished to printer. The Secretary of State shall furnish to the Congressional Printer a correct copy of every act and joint resolution, as soon as possible after its approval by the President, or after it has become a law in accordance with the Constitution without such approval; also of every treaty between the United States and any foreign government as soon as possible after it has been duly ratified and has been proclaimed by the President; and also of every postal convention made between the Postmaster-General, by and with the advice and consent of the President, on the part of the United States and foreign countries, as soon as possible after copies of such conventions have been. transmitted to him by the Postmaster-General. Act March 9, 1868, c. 22, § 1, 15 Stat. 40. Act June 8, 1872, c. 335, § 20, 17 Stat. 287. Provisions similar to those of this section, for furnishing to the printer copies of laws, treaties, etc., were made by R. S. § 3803, in connection with further sections providing for the printing and distribution thereof, which were superseded by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 56, post, § 7029. Copies of postal conventions were required to be transmitted by the Postmaster General to the Secretary of State for the purpose of being printed, by R. S. § 399, post, § 588. Provisions for the printing and distribution of copies of the laws, treaties, etc., are contained in Title XLV, "Public Printing, Advertisements, and Public Documents." Cited without definite application, Field v. Clark (1892) 12 Sup. Ct. 495, 496, 143 U. S. 649, 36 L. Ed. 294. (R. S. § 211. Transferred to Title XII A.) This section, requiring the Secretary to publish official notifications of commercial information, communicated to him by diplomatic and consular officers, in newspapers, is placed, with subsequent provisions for the preparation, publication, and distribution by the Department of consular and other commercial reports, under Title XII A, “The Department of Commerce," post, § 862. § 309. (R. S. § 212.) Passports. The clerk in the Department of State who may from time to time be assigned to the duty of examining applications for passports is authorized to receive and attest, but without charge to the affiant, all oaths or affidavits required by law or by the rules of the Department of State to be made before granting passports. Res. Feb. 3, 1870, No. 8, 16 Stat. 368. Provisions as to the issue of passports, and fees therefor, etc., are contained in R. S. §§ 4075-4078, and subsequent statutes, post, §§ 7623-7628. The issue of passports to persons who have made declarations of intention to become citizens, and who have resided in the United States three years, was authorized by Act March 2, 1907, c. 2534, § 1, post, § 3958. Duplicates of any evidence, registration, or other acts required by said Act March 2, 1907, c. 2534, relating to the expatriation of citizens and their protection abroad, are to be filed with the Department of State for record, by section 7 of said act, post, § 3964. § 310. (R. S. § 213.) Fees for copies of records. For making out and authenticating copies of records in the Department of State, a fee of ten cents for each sheet containing one hundred words shall be paid by the person requesting such copies, except where they are requested by an officer of the United States in a matter relating to his office. Act Sept. 15, 1789, c. 14, § 6, 1 Stat. 69. (135) TITLE VI THE DEPARTMENT OF WAR This title, as enacted in the Revised Statutes, was not divided into chapters. For convenience, the sections thereof remaining in force and subsequent provisions which relate to the Department, its officers, clerks, employés, etc., generally, are placed in chapter A; and provisions applicable only to the Adjutant-General's Office and to the Bureau of Insular Affairs, respectively, are placed in separate chapters, B and C. All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914. c. 141, § 6, post, § 3228a. The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b. Unless otherwise specifically authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a. 311. Establishment of the Department 312. Assistant Secretary of War. 314. Subordinate officers. 315a. Chief clerk; designation to sign 316. Clerks and employés in office of 318. Management of military affairs. Sec. 319. Custody of the departmental rec- 320. Collecting flags, etc. 322. Transportation of troops, etc. ders of acceptance of resignation in true names of persons who enlisted or served under assumed names in Army or Navy during war of the Rebellion, war with Spain, or Philippine insurrection. 326. Certificates of discharge and or ders of acceptance of resignation in true names of persons who enlisted or served under assumed names in Army or Navy during war between United States and any other nation or people. Sec. 327. Power to administer oaths. 330. Inquiries as to disbursements by 331. Reports of inspections of disburse ments. Sec. 332. Report of unexpended balances to 333. Annual statement of expenditures 335. Adjustment and report of claims § 311. (R. S. § 214.) Establishment of the Department of War, There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof. Act Aug. 7, 1789, c. 7, § 1, 1 Stat. 49. The President is authorized to appoint as members of the Advisory Committee of Aeronautics two members of the War Department, from the office in charge of military aeronautics, by a provision in Act March 31, 1915, c. 83, post, under Title XVII A, "The Council of National Defense, and the Advisory Committee on Aeronautics." A Council of National Defense, composed of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor, was created by Act Aug. 29, 1916, c. 418, § 2, set forth post, under Title XVII A, "The Council of National Defense, and the Advisory Committee on Aeronautics." Notes of Decisions Acts establishing department.-The Department of War was created, with "a principal officer therein, to be called the Secretary for the Department of War," by Act Aug. 7, 1789, c. 7, 1 Stat. 49. In re Hennen (1839) 13 Pet. 230, 259, 10 L. Ed. 138; (1855) 7 Op. Atty. Gen. 453, 461. Nothing was said in the act creating the department as to the method of appointing the Secretary; the matter was left to the provision of the Consti tution, art. 2, § 2, which vests the power of appointment in the President. (1884) 18 Op. Atty. Gen. 58. Powers and duties of secretary.-The powers and duties of all officers of the United States are limited and defined by the Constitution and laws of Congress, and on the question of the authority of the Secretary of War, the court must look mainly to the acts of Congress. Pierce v. U. S. (1868) 7 Wall. 666, 677, 19 L. Ed. 169. § 312. (Act March 5, 1890, c. 26.) Assistant Secretary of War. There shall be in the Department of War an Assistant Secretary of War, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand five hundred dollars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law. (26 Stat. 17.) This act was entitled "An Act providing for an Assistant Secretary of War." A previous provision for the appointment of an Assistant Secretary, made by Act Aug. 5, 1882, c. 389, § 1, 22 Stat. 237, was repealed by Act July 7, 1884, c. 331, § 1, 23 Stat. 179. The appropriation for the Assistant Secretary for the fiscal year 1917 was $5,000, by Act May 10, 1916, c. 117, § 1, 39 Stat. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof is required, unless otherwise directed, to perform the duties of the head of such Department until a successor is appointed, or such absence or sickness shall cease, by R. S. § 177, set forth ante, § 259. In case of the death, resignation, absence, or sickness of the head of any Department, except where the Attorney General is concerned, the President may authorize and direct the head of any other Department or any officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease, by R. S. § 179, also set forth ante, § 261. See notes at the beginning of this title. Effect of act upon previous provision § 259, to perform the duties of the Secretary during his temporary absence, did not wholly supersede the provision of Act March 4, 1874, post, § 315, for authorizing the chief clerk during such absence of the Secretary to sign requisitions, etc., and the chief clerk may still be authorized, during the tempo rary absence of both the Secretary and the Assistant Secretary, to sign requisitions, etc., as provided by said act. (1903) 24 Op. Atty. Gen. 646. § 313. (Act Aug. 5, 1882, c. 389, § 1.) Commanding general of Army or chief of bureau may be designated to perform, temporarily, duties of Secretary of War. The President may authorize and direct the commanding general of the Army or the chief of any military bureau of the War Department to perform the duties of the Secretary of War under the provisions of section one hundred and seventy-nine of the Revised. Statutes, and section twelve hundred and twenty-two of the Revised Statutes shall not be held or taken to apply to the officer so designated by reason of his temporarily performing such duties. (22 Stat. 238.) This was a proviso annexed to an appropriation for the Department in the legislative, executive, and judicial appropriation act for the fiscal year 1883, cited above. R. S. § 179, ante, § 261, referred to in this section, empowered the President, in case of the death, resignation, absence, or sickness of the head of any Department, except the Attorney-General, to_authorize the head of any other Department, or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform temporarily the duties of the vacant office. R. S. § 1222, post, § 1993, also referred to in this section, provided that no officer of the Army on the active list should hold any civil office. § 314. (R. S. § 215, as amended, Act Feb. 27, 1877, c. 69, § 1.) Subordinate officers. There shall be in the Department of War: One chief clerk of the Department, at a salary of two thousand five hundred dollars a year. One disbursing clerk. In the office of the Adjutant-General: One chief clerk, at a salary of two thousand dollars a year. In the office of the Quartermaster-General: One chief clerk, at a salary of two thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year. In the office of the Surgeon-General: * One chief clerk, at a salary of two thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year. One chief clerk, at a salary of two thousand dollars a year. One chief clerk, at a salary of two thousand dollars year. There shall be in the said Department an inferior officer, to be appointed by the said principal officer to be employed therein as he shall deem proper, and to be called the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy, have the charge and custody. of all records, books, and papers, appertaining to the said Depart ment. Act March 3, 1853, c. 97, § 3, 10 Stat. 211. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241. This section enumerated the subordinate officers in the Department, and |