TITLE VIII

THE DEPARTMENT OF JUSTICE

§ 515. (R. S. § 346.) Establishment of Department of Justice. There shall be at the seat of Government an Executive Department to be known as the Department of Justice, and an AttorneyGeneral, who shall be the head thereof.

Act Sept. 24, 1789, c. 20, § 35, 1 Stat. 92. Act June 22, 1870, c. 150, § 1, 16 Stat. 162.

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. 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with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such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 specially 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.

Notes of Decisions

Powers and duties of department.— The initiation and control of a suit to cancel a fraudulent patent for land lies with the Attorney General. But the right to bring such suit exists only when the government has an interest in the remedy sought. U. S. v. San Jacinto Tin Co. (1888) 8 Sup. Ct. 850, 853, 125 U. S. 273, 31 L. Ed. 747 (affirming [C. C. 1885] 23 Fed. 279); U. S. v. Beebe (1888) 8 Sup. Ct. 1083, 1085, 127 U. S. 338, 32 L. Ed. 121 (affirming decree [C. C. 1883] 17 Fed. 36); (1894) 21 Op. Atty. Gen. 13.

While there is no specific federal statute, empowering the Attorney General of the United States to bring actions and suits in the name of the United States, yet the power resides in him as the head of the Department of Justice to do so. Cohen v. U. S. (1912) 38 App. D. C. 123.

The Department of Justice is charg

ed with the duty of determining when the United States shall sue, for what it shall sue, and that such suits shall be brought in appropriate cases. (1895) 21 Op. Atty. Gen. 195.

Advising committees of Congress.A committee of the House of Representatives having referred the papers in certain claims to the Attorney General, with a request for an official opinion thereon, the papers were returned unaccompanied by an opinion, the Attorney General holding (in accordance with the views of several of his predecessors on the same point) that it is not within his province to advise committees of Congress upon questions of law occurring in matters before them. (1872) 14 Op. Atty. Gen. 17.

Cited without definite application, U. S. v. Denison (1897) 80 Fed. 370, 371, 25 C. C. A. 496; U. S. v. Fleming (1897) 80 Fed. 372, 373, 25 C. C. A. 498; In re Neagle (C. C. 1889) 39 Fed. 833, 858, 5 L. R. A. 78 (affirmed Cunningham v. Neagle [1890] 10 Sup. Ct. 658, 135 U. S. 1, 34 L. Ed. 55); U. S. v. Rosenthal (C. C. 1993) 121 Fed. 862, 867.

§ 516. (R. S. § 347.) Solicitor-General.

There shall be in the Department of Justice an officer learned in the law, to assist the Attorney-General in the performance of his duties, called the Solicitor-General, 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 seven thousand five hundred dollars a year. In case of a vacancy in the office of Attorney-General, or of his absence or disability, the Solicitor-General shall have power to exercise all the duties of that office.

Act June 22, 1870, c. 150, § 2, 16 Stat. 162.

The annual appropriation for compensation of the Solicitor-General, by the legislative, executive, and judicial appropriation acts, has varied from the

amount fixed by this section, and in recent years is $10,000. The appropriation of that amount for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

Notes of

Acting as Attorney General.-That the commission of a special assistant to a district attorney is signed by the Solicitor General as "Acting Attorney

Decisions

General" does not affect the validity of the appointment. U. S. v. Twining (D. C. 1904) 132 Fed. 129, 130.

§ 517. (R. S. § 348.) Assistant Attorneys-General.

There shall be in the Department of Justice three officers, learned in the law, called the Assistant Attorneys-General, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall assist the Attorney-General and Solicitor-General in the performance of their duties. Each of them is entitled to a salary of five thousand dollars a year.

Act June 22, 1870, c. 150, § 2, 16 Stat. 162. Act Feb. 25, 1871, c. 72, 16 Stat. 432.

An additional Assistant Attorney-General was authorized by a provision of Act July 11, 1890, c. 697, § 1, post, § 518.

Provisions for the appointment of an additional Assistant Attorney-General to facilitate the speedy disposition of Indian depredation claims in the Court of Claims, contained in Act March 3, 1891, c. 538, § 12, 26 Stat. 854, and Act Dec. 21, 1893, c. 3, 28 Stat. 19, are omitted as temporary in their nature. And a provision for a similar appointment during the existence of the Spanish Claims Commission, contained in Act March 2, 1901, c. 800, § 6, 31 Stat. 878, is also omitted, as temporary merely.

The appointment of an Assistant to the Attorney-General, with compensation at the rate of $7,000 per annum, and an Assistant Attorney-General, at a compensation at the rate of $5,000 per annum, under and to be paid from an appropriation for the enforcement of the Interstate Commerce Act and other acts and to perform such duties as should be required of them by the AttorneyGeneral, was authorized by a provision of Act March 3, 1903, c. 1006, § 1, 32 Stat. 1062; and appropriations for such Assistant to the Attorney-General and additional Assistant Attorneys-General were continued in the legislative, executive and appropriation acts for subsequent years. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. The salary of the Assistant to the Attorney-General was fixed at $9,000 by a provision of Act Oct. 22, 1913, c. 32, post, § 520.

The appointment of an Assistant Attorney-General, a Deputy Assistant Attorney-General, and four attorneys, to have charge of the interests of and to represent the government in all matters of reappraisement and classification of imported goods and of all litigation incident thereto, was authorized by Act Aug. 5, 1909, c. 6, § 28, amending Act June 10, 1890, c. 407, besides other amendments, by adding thereto a new section, constituting section 30 of said Act June 10, 1890, c. 407, as so amended, which is set forth, post, § 519.

The annual appropriations by said acts for recent years have provided for an Assistant to the Attorney-General, $7,000; seven Assistant Attorneys-General, at $5,000 each; and numerous attorneys, assistant attorneys, and other officers, at various rates of compensation. The provisions for the fiscal year 1914 were by Act March 4, 1913, c. 142, § 1, 37 Stat. 781. Those for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat., and were as follows: "Assistant to the Attorney General, $9,000; six Assistant Attorneys General, at $7,500 each," etc.

The officers designated as Assistant Attorney-General for the Post-Office Department, authorized by R. S. § 390, post, § 570, and Assistant Attorney-General for the Interior Department, are the law officers for each of those Departments, and, although each is designated Assistant Attorney-General, their offices are of the same nature as those of the Solicitor of the Treasury and other Solicitors, authorized by R. S. § 349, and subsequent provisions, post, §§ 521525.

See notes to § 516, ante.

§ 518. (Act July 11, 1890, c. 667, § 1.) Additional Assistant Attorney-General.

For an additional assistant Attorney-General to be appointed by the President, by and with the advice and consent of the Senate, who shall receive a compensation at the rate of five thousand dollars per annum. (26 Stat. 265.)

This was a provision accompanying the appropriation for three Assistant

Attorneys-General in the legislative, executive, and judicial appropriation act for the fiscal year 1891, cited above.

See notes to R. S. §§ 347, 348, ante, §§ 516, 517.

§ 519. (Act June 10, 1890, c. 407, § 30, as amended, Act Aug. 5, 1909, c. 6, § 28.) Assistant Attorney-General, Deputy Assistant Attorney-General, and attorneys, in charge of customs matters and litigation.

There shall be appointed by the President, by and with the advice and consent of the Senate, an Assistant Attorney-General, who shall exercise the functions of his office under the supervision and control of the Attorney-General of the United States, and who shall be paid a salary of ten thousand dollars per annum; and there shall also be appointed by the Attorney-General of the United States a Deputy Assistant Attorney-General, who shall be paid a salary of seven thousand five hundred dollars per annum, and four attorneys, who shall be paid salaries of five thousand dollars per annum each. Said attorneys shall act under the immediate direction of said Assistant Attorney-General, or, in case of his absence or a vacancy in his office, under the direction of said Deputy Assistant Attorney-General, and said Assistant Attorney-General, Deputy Assistant Attorney-General, and attorneys shall have charge of the interests of the Government in all matters of reappraisement and classification of imported goods and of all litigation incident thereto, and shall represent the Government in all the courts and before all tribunals wherein the interests of the Government require such repre

sentation.

customs cases

But the Attorney-General may, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, such special attorneys and counselors at law in the conduct of as he may think necessary to assist said Assistant Attorney-General in the discharge of any of the duties incumbent upon him and his said subordinates, and shall stipulate with such attorneys and counsel the amount of compensation and shall have supervision of their conduct and proceedings. (36 Stat. 108.)

This section was added to Act June 10, 1890, c. 407, the Customs Administrative Act of 1890, as section 30 thereof, by section 28 of the Payne-Aldrich · Tariff Act of 1909, cited above.

This section was not repealed or affected by the repeal of sections 1-42 of said Payne-Aldrich Tariff Act of 1909, by the Underwood Tariff Act of Oct. 3, 1913, c. 16, § IV, S, by a proviso to that effect annexed to said section IV, S, thereof, post, § 5316.

Appropriations for conduct of customs cases have been made by the sundry civil appropriation acts for each year subsequent to the enactment of this section. The provisions so made have varied from those of this section as to the number and amounts of salaries of the officers, attorneys, etc., included. Appropriations, for the fiscal year 1917, for an Assistant Attorney General, $8,000, assistant attorney, $3,000, special attorneys and counselors at law in the conduct of customs cases, to be employed and their compensation fixed by the Attorney General, as authorized by section 30 of Act Aug. 5, 1909, $36,000, necessary clerical assistance and other employés at the seat of government and elsewhere, to be employed and their compensation fixed by the Attorney General, were made by Act July 1, 1916, c. 209, § 1, 39 Stat.

See notes to R. S. §§ 347, 348, ante, §§ 516, 517.

§ 520. (Act Oct. 22, 1913, c. 32.)

eral; salary.

Assistant to the Attorney-Gen

For salary of the Assistant to the Attorney General, which is hereby fixed at the rate of $9,000 per annum; in addition to the $7,000 heretofore appropriated, for the balance of the fiscal year nineteen hundred and fourteen, $1,500, or so much thereof as may be necessary. (38 Stat. 218.)

This was a provision of the urgent deficiency act for the fiscal year 1913, cited above.

The previous appropriation of $7,000 for the fiscal year 1914, mentioned in

1 U.S.COMP.'16-17

(257)

this provision, was made by Act March 4, 1913, c. 142, § 1, 37 Stat. 781. The appropriation for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat., and was $9,000.

See notes to R. S. §§ 347, 348, ante, §§ 516, 517.

§ 521. (R. S. § 349, as amended, Act June 19, 1878, c. 329, § 1.) Solicitor of the Treasury and other Solicitors, etc., in Department of Justice.

There shall be in the Department of Justice a Solicitor of the Treasury, an Assistant Solicitor of the Treasury, a Solicitor of Internal Revenue, and an Examiner of Claims for the Department of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to the following salaries: The Solicitor of the Treasury to four thousand dollars a year, the Assistant Solicitor of the Treasury to three thousand dollars a year, the Solicitor of Internal Revenue to five thousand dollars a year, and the Examiner of Claims for the Department of State four thousand dollars a year.

Act June 22, 1870, c. 150, §§ 3, 9, 10, 16 Stat. 162, 163. Act May 29, 1830, c. 153, § 1, 4 Stat. 414. Act March 2, 1865, c. 76, § 1, 13 Stat. 468. Act July 23, 1866, c. 208, § 5, 14 Stat. 207. Act July 13, 1866, c. 184, § 64, 14 Stat. 170. Res. 66, May 27, 1870, § 1, 16 Stat. 378. Act March 3, 1873, c. 226, § 3, 17 Stat. 508. Act June 19, 1878, c. 329, § 1, 20 Stat. 205.

This section, as enacted in the Revised Statutes, included provisions for "a Naval Solicitor" to be entitled to a salary of $3,500 a year, which are omitted here. So much of the section as provided for the appointment and payment of a salary to a "Naval Solicitor" was repealed, and the office was abolished, by a provision of Act June 19, 1878, c. 329, § 1, cited above, and the Judge-Advocate General of the Navy, whose appointment in the Navy Department was provided for by Act June 8, 1880, c. 129, post, § 612, was authorized by that act to perform the duties theretofore performed by the Solicitor.

The designation of the Examiner of Claims for the Department of State was changed to Solicitor for the Department of State by a provision of Act March 3, 1891, c. 541, § 1, post, § 523.

A Solicitor for the Department of the Interior was authorized by a provision in Act July 16, 1914, c. 141, § 1, post, § 523a.

The appointment of a Solicitor for the Department of Commerce was authorized by a provision of Act March 18, 1904, c. 716, § 1, post, § 524.

R. S. § 390, post, § 570, provides for the employment in the Post Office Department of an assistant Attorney General, to be appointed by the PostmasterGeneral, and fixes his salary at $4,000 per annum. Act July 16, 1914, c. 141, § 1, post, § 570a, changes the title of said Assistant Attorney General to that of Solicitor for the Post Office Department, and fixes his salary at $5,000 per

annum.

A Solicitor for the Department of Labor was authorized by Act March 4, 1913, c. 141, § 7, post, § 525.

The appropriations for compensation of officers enumerated in this section, and in §§ 523, 523a, 524, 525, post, by the legislative, executive, and judicial appropriation act for the fiscal year 1917, Act May 10, 1916, c. 117, § 1, 39 Stat., were as follows: In the office of the Attorney General, Solicitor for the Department of the Interior, $5,000, Solicitor for the Post Office Department, $5,000, Solicitor of Internal Revenue, $5,000, and Solicitor for the Department of State, $5,000; in the office of the Solicitor of the Treasury, Solicitor, $5,000, Assistant Solicitor, $3,000; in the office of Solicitor of the Department of Commerce, Solicitor, $5,000, Assistant Solicitor, $3,000; and in the office of Solicitor of the Department of Labor, Solicitor, $5,000. See notes to § 516, ante.

Notes of Decisions Nature of office of solicitors.-The Solicitor of the Treasury is an officer of the Department of Justice and not of the Treasury Department. (1894) 20 Op. Atty. Gen. 714.

Powers and duties.-The power of the office of solicitor of the treasury, created by this act, is limited by Act March 3, 1863, and the approval of the Secretary of the Treasury is an indispensable condition to the validity of a sale

by the solicitor, and a purchaser need not accept a deed in the absence of written evidence of such approval. U. S. v. Jonas (1873) 19 Wall. 598, 603, 22 L. Ed. 177.

The law has invested the Solicitor of the Treasury with a plenary discretion to suspend the execution of a writ of fieri facias, under circumstances which appear to render such a course expedi