to exceed a specified sum; the terms of such provisions and the amount limited varying from year to year. Such provisions practically supersede, at least for the particular fiscal year, the provisions of this section for draftsmen in some of said Bureaus. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

Recent legislative, executive, and judicial appropriation acts, in connection with the appropriations for the Department, provide that "no part of any appropriations made for the naval service shall be expended for any of the purposes herein provided for on account of the Navy Department at Washington, District of Columbia, except for personal services in certain bureaus as herein expressly authorized." The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

The employment in the Department, and payment out of the appropriations for new ships, of any civilian expert aids, additional draftsmen, etc., was forbidden by a provision of Act March 18, 1904, c. 716, § 1, post, § 615.

Provisions applicable to all the Departments, relating to the employment of clerks and others, were made by R. S. § 169, and Act Aug. 5, 1882, c. 389, § 4, ante, §§ 248, 249.

Provisions applicable to all the Departments, relating to the duties of chief clerks and disbursing clerks, were made by R. S. §§ 173, 174, 176, ante, §§ 255, 256, 258.

See notes to § 610, ante.

Notes of Who may act in absence of chief of bureau. This section makes no provision for the appointment of any assistants to chiefs of bureaus. To determine who should act in the place of the

Decisions

chief of the bureau during his absence, section 260, ante, is to be read in connection with this section. (1890) 19 Op. Atty. Gen. 504.

§ 615. (Act March 18, 1904, c. 716, § 1.) Employment and payment out of appropriations for new ships, of civilian expert aids, draftsmen, writers, copyists, and model makers, only as authorized.

On and after July first, nineteen hundred and four, it shall not be lawful for the Secretary of the Navy to employ in the Navy Department, at Washington, District of Columbia, and pay out of the appropriations for new ships, any civilian expert aids, additional draftsmen, writers, copyists, and model makers, except as herein or as may hereafter be specifically authorized. (33 Stat. 117.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1905, cited above. By the same act numerous appropriations were made for various offices and bureaus in the Department, for clerks and other employés, "in lieu of employés now authorized and paid from appropriations for new ships."

Provisions of the naval service appropriation acts for subsequent fiscal years forbid the use of the appropriation in each act under "Increase of the Navy" for clerical, drafting, etc., service, or for pay of any of the other classified force under the various bureaus of the Department in Washington, and restrict the use of any sum appropriated by the act for any expense of the Department at Washington, unless specific authority is given by law for such expenditure. The provision for the fiscal year 1917 was by Act Aug. 29, 1916, c. 417, 39 Stat.

§ 615a. (Act Aug. 29, 1916, c. 417.) Expenditure for pay of drafting, technical, and inspection force from lump sum appropriations giving specific authority therefor; discretion of Secretary of Navy; report to Congress of expenditures.

Hereafter such amount may be expended annually for pay of drafting, technical, inspection force from the several lump sum appropriations in which specific authority for such expenditure is given, as the Secretary of the Navy may deem necessary within the limitation of appropriation provided for such service in said lump sum appropriations at such rates of compensation as the Secretary of the Navy may prescribe; and the Secretary of the Navy shall each year, in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each. (39 Stat.)

This was a provision of the naval service appropriation act for the fiscal year, 1917, cited above.

§ 616. (R. S. § 417.) Procurement of naval stores and equipment of vessels.

The Secretary of the Navy shall execute such orders as he shall receive from the President relative to the procurement of naval stores and materials, and the construction, armament, equipment, and employment of vessels of war, as well as all other matters connected with the naval establishment.

Act April 30, 1798, c. 35, § 1, 1 Stat. 553.

Provisions for furnishing naval vessels and equipment to nautical schools at certain specified ports were made by Act March 4, 1911, c. 265, § 1, post, § 2762.

The loan temporarily of naval vessels and equipment to the naval militia of the States was authorized by Act Aug. 3, 1894, c. 192, post, § 3078. Provisions relating to contracts for naval supplies, etc., were made by R. S. §§ 3714, 3718-3728, and subsequent provisions, post, §§ 6842, 6862-6879. Notes of Decisions

Secretary as representative of President. The Secretary of the Navy represents the President, and exercises his power on the subjects confided to his department. His acts and decisions, on subjects submitted to his jurisdiction and control by the constitution and laws, do not require the approval of any officer of another department to make them valid and conclusive. U. S. v. Jones (1855) 18 How. 92, 95, 15 L. Ed. 274.

An order dismissing an officer in the Marine Corps issued by the Secretary of the Navy as such, not purporting to be the act or by direction of the President, is nevertheless in legal effect the order of the President. McElrath v. U. S. (1876) 12 Ct. Cl. 201.

An official communication from the Secretary of the Navy to the Fourth Auditor in effect restricting the operation of a proclamation of the President increasing the pay of enlisted men in the Navy must be deemed the act of the President himself. Button v. U. S. (1885) 20 Ct. Cl. 423.

The order of the Secretary of the Navy appointing a marine meteorologist at a navy yard must be regarded as the order of the President. Hayden v. U. S. (1903) 38 Ct. Cl. 39.

Where the Secretary dismissed a midshipman for violation of the regulations and the President appointed another to fill the vacancy, it must be held that the act of the Secretary was the act of the President. Weller v. U. S. (1906) 41 Ct. Cl. 324.

Rating vessels.-The power of rating all vessels authorized to be built for the Navy was given to the Secretary of the Navy, under direction of the President, by Act April 30, 1798, § 1, incorporated into this section. (1845) 4 Op. Atty. Gen. 387, 388.

Allowances to officers detached for special duty.-The propriety of the act of the Secretary of the Navy, in transmitting to an officer of the Navy, detached for special duty in a foreign country, a sum of money to discharge the expenses of medical attendance required by injuries received by him there, was peculiarly within the jurisdiction and

discretion of the head of the Navy Department. U. S. v. Jones (1855) 18 How. 92, 96, 15 L. Ed. 274.

The amount and the form of an allowance by the Secretary of the Navy for compensation to an officer of the Navy detached as naval attaché at a foreign mission, made from an appropriation for such purposes, in the nature of a contingent fund to be disbursed by the Secretary in his discretion, was not subject to judicial review. Dyer v. U. S. (1902) 37 Ct. Cl. 337.

Ex

Regulations for government of the Navy. Such regulations, not conflicting with statute, have the force of law. parte Reed (1879) 100 U. S. 13, 22, 25 L. Ed. 538; U. S. v. Symonds (1887) 7 Sup. Ct. 411, 412, 120 U. S. 46, 49, 30 L. Ed. 557; (1869) 13 Op. Atty. Gen. 9; (1894) 21 Op. Atty. Gen. 46, 47.

The authority of the Secretary of the Navy to issue orders, regulations, and instructions, with the approval of the President, in reference to matters connected with the naval establishment, is subject to the condition, necessarily implied, that they must be consistent with the statutes which have been enacted by Congress in reference to the Navy. He may, with the approval of the President, establish regulations in execution of, or supplementary to, but not in conflict with, the statutes defining his powers or conferring rights upon others. U. S. v. Symonds (1887) 7 Sup. Ct. 411, 412, 120 U. S. 46, 49, 30 L. Ed. 557; (1853) 6 Op. Atty. Gen. 10; (1869) 13 Op. Atty. Gen. 9; (1894) 21 Op. Atty. Gen. 46, 47.

The Secretary of the Navy, by virtue of his general authority, under the President, to make rules and regulations for the government of the Navy, may determine matters not regulated by statute, such as the relative rank of naval officers, either by general rules or by decisions in particular cases. (1900) 23 Op. Atty. Gen. 155, 160. See (1869) 13 Op. Atty. Gen. 9; (1894) 21 Op. Atty. Gen. 6.

Military reservations.-The acts of the Secretary of the Navy in reserving parts of the public domain are, in legal effect, the acts of the President.

A

portion of the public lands in Alaska set apart by order of the Secretary of the Navy, and used by that department for public purposes connected with the navy, constitutes a valid reservation by the executive. Behrends v. Goldsteen (1902) 1 Alaska, 518.

Settlement with defaulting contractor. -See Corliss Steam Engine Co. v. U. S. (1874) 10 Ct. Cl. 494; (1875) U. S.

v. Corliss Steam Engine Co. 91 U. S. 321, 23 L. Ed. 397.

Effect of orders of Secretary.-Lawful and public orders from the president and from the secretary of the navy are a good defense to a suit against a naval officer for the destruction of property by a bombardment of a foreign town. Durand v. Hollins (C. C. 1860) Fed. Cas. No. 4,186.

§ 617. (R. S. § 418.) Custody of the books and records.

The Secretary of the Navy shall have the custody and charge of all the books, records, and other property now remaining in and appertaining to the Department of the Navy, or hereafter acquired by it.

Act April 30, 1798, c. 35, § 3, 1 Stat. 554.

Provisions for the custody of the books and records of the several Bureaus of the Department were contained in R. S. § 420, post, § 625.

The transfer of naval records, from the beginning of the Navy Department to the war of the rebellion, from other Departments to the Secretary of the Navy, was provided for by Act April 27, 1904, c. 1630, § 1, post, § 618.

The transfer of records relating to public and private armed vessels of the colonies in the war of the Revolution, from other Departments to the Secretary of the Navy, was provided for by Act June 29, 1906, c. 3590, post, § 619. § 618. (Act April 27, 1904, c. 1630, § 1.) Custody of naval records from beginning of Department to war of rebellion. All naval records, such as muster and pay rolls, orders, and reports relating to the personnel and operations of the Navy of the United States, from the beginning of the Navy Department to the war of the rebellion, eighteen hundred and sixty-one, including operations against the French navy, Tripolitan war, war of eighteen hundred and twelve, operations against pirates in the West Indies, Florida war, and the war with Mexico, now in any of the Executive Departments, shall be transferred to the Secretary of the Navy, to be preserved. (33 Stat. 403.)

This was a provision accompanying appropriations for the Navy Department in the deficiency appropriation act for the fiscal year 1904, cited above. A similar provision for the transfer to the War Department of military rolls and records of wars prior to the civil war was made by Res. April 28, 1904, No. 38, ante, § 341.

§ 619. (Act June 29, 1906, c. 3590.) Custody of records relating to public and private armed vessels of the colonies in war of Revolution.

That all records (such as muster and pay rolls and reports) relating to the personnel and operations of public and private armed vessels of the North American colonies in the war of the Revolution now in any of the Executive Departments shall be transferred to the Secretary of the Navy, to be preserved, indexed, and prepared for publication. (34 Stat. 579.)

This was a provision of the naval service appropriation act for the fiscal year 1907, cited above.

§ 620. (Act Feb. 7, 1890, c. 8.) Certificate of discharge in lieu of lost or destroyed certificate.

From and after the passage of this act, whenever satisfactory proof is furnished at the Navy Department that any commissioned officer, regular or volunteer, appointed or enlisted man who served in the Navy or the Marine Corps of the United States in the war of eighteen hundred and twelve, the Mexican war, or the war of the rebellion, has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of the Navy shall be authorized to furnish to such commissioned officer, regular or volunteer, appointed or enlisted man,

1 U.S.COMP.'16-21

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a certificate of discharge in lieu thereof: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or any other allowance, or as evidence in any other case. (26 Stat. 6.)

This act was entitled "An act to provide certificates of honorable service to those who have served in the United States Navy or Marine Corps who have lost their certificates of discharge."

Similar provisions for furnishing duplicates of lost or destroyed certificates of discharge to officers and enlisted men of the Army were made by R. S. § 224, and Act July 1, 1902, c. 1353, ante, §§ 323, 324.

Provisions for the issue by the Secretary of War and the Secretary of the Navy of certificates of discharge or orders of acceptance of resignation in the true names of persons who enlisted or served under assumed names in the Army or Navy during certain wars, were made by Act April 14, 1890, c. 80, and Act Aug. 22, 1912, c. 321, ante, §§ 324, 325.

§ 621. (Act March 3, 1891, c. 541, § 1.) Duties of Assistant Secretary of the Navy.

Assistant Secretary of the Navy, who shall hereafter perform such duties as may be prescribed by the Secretary of the Navy or required by law. (26 Stat. 934.)

This was a provision, accompanying an appropriation for the Assistant Secretary, in the legislative, executive, and judicial appropriation act for the fiscal year 1892, cited above.

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.

During the temporary absence of the Secretary of the Navy and the Assistant Secretary of the Navy the Chief of Naval Operations is next in succession to act as Secretary of the Navy by a provision of Act March 3, 1915, c. 83, post, § 621b.

§ 621a. (Act March 3, 1915, c. 83.) Chief of Naval Operations; appointment; duties; rank, title, and emoluments. There shall be a Chief of Naval Operations, who shall be an officer on the active list of the Navy appointed by the President, by and with the advice and consent of the Senate, from among the officers of the line of the Navy not below the grade of captain for a period of four years, who shall, under the direction of the Secretary of the Navy, be charged with the operations of the fleet, and with the preparation and readiness of plans for its use in war: Provided, That if an officer of the grade of captain be appointed Chief of Naval Operations, he shall have the rank, title, and emoluments of a rear admiral while holding that position. (38 Stat. 929.)

This section and the next section were parts of the naval service appropriation act for the fiscal year 1916, cited above.

§ 621b. (Act March 3, 1915, c. 83.)

Chief of Naval Opera

tions; when to act as Secretary of Navy.

During the temporary absence of the Secretary and the Assistant Secretary of the Navy, the Chief of Naval Operations shall be next in succession to act as Secretary of the Navy. (38 Stat. 929.)

See notes to § 621a, ante.

§ 621c. (Act Aug. 29, 1916, c. 417.) Chief of Naval Operations; rank, title, and pay; orders of deemed orders of Secretary of Navy; assignment of officers of Navy or Marine Corps to assist; retirement while serving as Chief of Naval Operations; rank and pay.

Hereafter the Chief of Naval Operations, while so serving as such

Chief of Naval Operations, shall have the rank and title of admiral, to take rank next after The Admiral of the Navy, and shall, while so serving as Chief of Naval Operations, receive the pay of $10,000 per annum and no allowances. All orders issued by the Chief of Naval Operations in performing the duties assigned him shall be performed under the authority of the Secretary of the Navy, and his orders shall be considered as emanating from the Secretary, and shall have full force and effect as such. To assist the Chief of Naval Operations in performing the duties of his office there shall be assigned for this exclusive duty not less than fifteen officers of and above the rank of lieutenant commander of the Navy or major of the Marine Corps: Provided, That if an officer of the grade of captain be appointed Chief of Naval Operations he shall have the rank and title of admiral, as above provided, while holding that position: Provided further, That should an officer, while serving as Chief of Naval Operations, be retired from active service he shall be retired with the lineal rank and the retired pay to which he would be entitled had he not been serving as Chief of Naval Operations. (39 Stat.)

This was a provision of the naval service appropriation act for the fiscal year 1917, cited above.

§ 622. (R. S. § 419.) Establishment of Bureaus.

The business of the Department of the Navy shall be distributed in such manner as the Secretary of the Navy shall judge to be expedient and proper among the following Bureaus:

First. A Bureau of Yards and Docks.

Second. A Bureau of Equipment and Recruiting.

Third. A Bureau of Navigation.

Fourth. A Bureau of Ordnance.

Fifth. A Bureau of Construction and Repair.
Sixth. A Bureau of Steam Engineering.

Seventh. A Bureau of Provisions and Clothing.

Eighth. A Bureau of Medicine and Surgery.

Act Aug. 31, 1842, c. 286, § 2, 5 Stat. 579. Act July 5, 1862, c. 134, §§ 1, 4, 12 Stat. 510, 511.

The Bureau of Equipment and Recruiting was designated the Bureau of Equipment, in the appropriations therefor in Act March 3, 1891, c. 541, § 1, 26 Stat. 935, and subsequent similar acts.

The designation of the Bureau of Provisions and Clothing was changed to Bureau of Supplies and Accounts, by a provision of Act July 19, 1892, c. 206, § 1, post, § 623.

Special provisions relating to the duties of said Bureau, made by Act March 2, 1889, c. 371, § 1, and Act May 13, 1908, c. 166, are set forth post, §§ 626, 627.

Provisions for the distribution, among other bureaus and offices of the department, of the duties of the Bureau of Equipment, and of the funds appropriated for the employés of the Bureau, and for the discontinuance of the Bureau thereupon, were made in the naval service appropriation act for the fiscal year 1912, Act March 4, 1911, c. 237, § 1, 36 Stat. 1212, and repeated in the similar acts for subsequent years. Such provisions for the fiscal year 1914 were by Act March 4, 1913, c. 148, 37 Stat. 899. By a provision in the naval service appropriation act for the fiscal year 1915, Act June 30, 1914, c. 130, set forth post, § 624, the Bureau of Equipment was expressly abolished, and the duties assigned by law to that bureau were required to be distributed among the other bureaus and offices of the Navy Department.

A Division of Naval Militia Affairs was authorized by Act Feb. 16, 1914, c. 21, § 17, set forth post, § 3078q, and the legislative, executive, and judicial appropriation acts for subsequent years made appropriations therefor. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat.

Cited without definite application, Smith v. Whitney (1886) 6 Sup. Ct. 570, 576, 116 U. S. 167, 29 L. Ed. 601.

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