affairs, and of all matters arising out of Indian relations, under the direction of the Secretary of the Interior, by R. S. § 463, post, § 716. The Freedmen's Hospital and Asylum was continued under the direction of the Secretary of the Interior by a provision of Act June 23, 1874, c. 455, § 1, post, § 3975; but the expenditures therefor were to be under the supervision and control of the Commissioners of the District of Columbia, by a provision of Act March 3, 1893, c. 199, § 1, post, § 3976; and estimates for the expenses were to be submitted by the Secretary of the Interior, by a provision of Act March 3, 1905, c. 1483, § 1, post, § 3978. Former powers of the Mayor of the City of Washington to convey certain low grounds in that city were vested in the Secretary of the Interior, by Act July 1, 1879, c. 62, post, § 6945. The Secretary of the Interior was authorized to prescribe rules governing agents representing claimants before his department, and to suspend or disbar such agents, by Act July 4, 1884, c. 181, § 5, post, § 684. Powers and duties in connection with the execution of Act June 17, 1902, c. 1093, providing for the construction of irrigation works for the reclamation of arid lands, were conferred and imposed on the Secretary of the Interior by various sections of that act, post, §§ 4700-4708. The execution.of all laws affecting public lands reserved as forest reserves, after such lands have been so reserved, excepting such laws as affect the surveying, etc., entering, etc., or patenting of any of such lands, was transferred from the Secretary of the Interior to the Secretary of Agriculture, by Act Feb. 1,1905, c. 288, § 1, post, § 823. Notes of Decisions 2. Powers conferred administrative only. This section, and R. S. §§ 161, 453, 2478, ante, § 235, and post, §§ 699, 5120, confer administrative power only, and legislative power cannot be exercised under the guise of regulation. U. S. V. George 228 U. S. 14, 57 L. Ed. 712. (1913) 33 Sup. Ct. 412, 414, 3. Supervision of matters relating to public lands, in general.-Under this section and R. S. § 453, post, § 699, the land department, including in that term, the Secretary of the Interior, the Commissioner of the General Land Office, and subordinate officers, constitutes a special tribunal, vested with judicial power to hear and determine claims to public lands, and having power to execute its judgments by conveyances to the parties entitled. U. S. v. Winona & St. P. R. Co. (1895) 67 Fed. 948, 955, 15 C. C. A. 96 (affirmed [1897] 17 Sup. Ct. 368, 165 U. S. 463, 41 L. Ed. 789); New Dunderberg Min. Co. v. Old (1897) 79 Fed. 598, 25 C. C. A. 116; King v. McAndrews (1901) 111 Fed. 860. 863, 50 C. C. A. 29; Neff v. U. S. (1908) 165 Fed. 273, 277, 91 C. C. A. 241. The Secretary of the Interior has power to inquire into and determine rights claimed in public lands until the legal title has passed out of the government. U. S. v. Lee Wilson & Co. (D. C. 1914) 214 Fed. 630. The provisions of this section, charging the Secretary with the supervision of public business relating to the public lands, and of R. S. §§ 453, 2478, post, §§ 699, 5120, that the Commissioner of the General Land Office shall perform the duties prescribed to him therein under the direction of the Secretary, mean that, in matters relating to the sale and disposition of the public domain, the surveying of private land claims and the issuing of patents thereon, and the administration of the trusts devolving upon the government, by reason of the laws of Congress or under treaty stipulations, respecting the public domain, the Secretary is the supervising agent of the government to do justice to all claimants and preserve the rights of the people of the United States. Knight v. United Land Ass'n (1891) 12 Sup. Ct. 258, 262, 142 U. S. 161, 177, 35 L. Ed. 974; Orchard v. Alexander (1895) 15 Sup. Ct. 635, 638, 157 U. S. 372, 39 L. Ed. 937; Hawley v. Diller (1900) 20 Sup. Ct. 986, 993, 178 U. S. 476, 44 L. Ed. 1157. In the administration of such large and varied interests as are intrusted to the land department, matters not foreseen, equities not anticipated, and which are therefore not provided for by express statute, may sometimes arise, and therefore the Secretary of the Interior is given that superintending and supervising power which will enable him, in the face of these unexpected contingencies, to do justice. Williams v. U. S. (1891) 11 Sup. Ct. 457, 461, 138 U. S. 514, 524, 34 L. Ed. 1026. The general supervision of the affairs of the land department is vested in the Secretary of the Interior, and unless Congress clearly designates some other officer to act in respect to such matters it will be assumed that he is the officer to represent the government. Johanson v. State of Washington (1903) 23 Sup. Ct. 825, 827, 190 U. S. 179, 47 L. Ed. 1008. This section, either alone or taken with others, conferred no authority on the Secretary of the Interior to withdraw from allotment a portion of lands of an Indian reservation, after Congress had authorized the allotment thereof. Leecy v. U. S. (1911) 190 Fed. 289, 111 C. C. A. 254. The authority to determine to which of two grants to a state land belongs is vested in the Secretary by this section, and in the absence of fraud or mistake such determination is final. Pengra v. Munz (C. C. 1887) 29 Fed. 830, 835; California & O. Land Co. v. Munz, Id. 837. The Secretary of the Interior has no authority under his general power of supervision and control of the public domain to lease any part of it, unless authorized to do so by an act of Congress. Clyde v. Cummings (Utah, 1909) 101 P. 106. 4. Conclusiveness of decisions of Secretary as to matters relating to public lands. See note under § 699, post. 5. Supervision of and appeals from action and decisions of Commissioner of General Land Office.-The powers of supervision and appeal vested by this section in the Secretary of the Interior, in matters relating to the General Land Office, are co-extensive with the powers to adjudge of the Commissioner. Magwire v. Tyler (1861) 1 Black, 195, 201, 17 L. Ed. 137; Magwire v. Tyler (1869) 8 Wall. 650, 661, 19 L. Ed. 320; Snyder v. Sickles (1878) 98 U. S. 203, 211, 25 L. Ed. 97. In the exercise of his supervisory power, the Secretary has authority to set aside a survey of a tract under a confirmed Spanish grant, order another survey to be made, and issue a patent thereon. Magwire v. Tyler (1861) 1 Black, 195, 201, 17 L. Ed. 137. The Secretary of the Interior is by law given supervision of the entire business of the Land Department, and he is invested with authority to review, reverse, amend, or affirm all proceedings in the department having for their ultimate object to secure the alienation of any portion of the public lands, which supervision may be exercised by direct orders, or by review on appeal, or on his own motion. Orchard v. Alexander (1895) 15 Sup. Ct. 635, 637, 157 U. S. 372, 39 L. Ed. 737 (affirming [1891] 26 Pac. 196, 2 Wash. 108); Hays v. Steiger (1888) 76 Cal. 555, 18 Pac. 670. A protestant to the grant of a patent on a mining claim to lands which were agricultural may appeal from the local land officer to the commissioner of the general land office, and to the secretary of the interior. German Ins. Co. v. Hayden (1895) 21 Colo. 127, 40 Pac. 453, 52 Am. St. Rep. 206; (1896) Paine v. Foster, 53 P. 109, 9 Okl. 213, affirmed (1899) 59 P. 252, 9 Okl. 257. Nothing in Act March 5, 1872, 17 Stat. 37, directing the Commissioner of the General Land Office to receive and examine selections of swamp lands in Iowa, and to allow or disallow them, puts the decisions of the Commissioner, under the act, on a footing different from his other decisions, and an appeal lies therefrom to the Secretary of the Interior. Buena Vista County v. Iowa Falls & Sioux City R. R. Co. (1884) 5 Sup. Ct. 84, 89, 112 U. S. 165, 175, 28 L. Ed. 680. The Secretary may exercise his power to set aside an order of the Commissioner of the General Land Office approving a survey of land included in a confirmed claim and order a new survey, on formal notice or appeal, according to the rules of the department, or on his own motion; and his action is not assailable in a collateral proceeding in the court. Knight v. United Land Ass'n (1891) 12 Sup. Ct. 258, 262, 142 U. S. 161, 35 L. Ed. 974. A decision of the Commissioner of the General Land Office, rejecting and canceling for fraud an entry under the timber and stone act, made under his general authority, and not under the exceptional authority given by R. S. §§ 2450-2457, post, §§ 5106-5112, is subject to the appellate or supervisory authority of the Secretary of the Interior under this section and R. S. §§ 453, 2478, post, §§ 699, 5120. Hawley v. Diller (1900) 20 Sup. Ct. 986, 993, 178 U. S. 476, 44 L. Ed. 1157. Findings of the Secretary of the Interior to the effect that a designated party to a controversy in the Land Department had the right to enter the land as a homestead does not prevent such Department, if patent has not issued, from instituting further inquiry, and, upon such inquiry, finally awarding the land to the party held to have a better right. Love v. Flahive (1907) 27 Sup. Ct. 486, 487, 205 U. S. 195, 51 L. Ed. 768, affirming judgment (1905) 83 Pac. 882, 33 Mont. 348, and rehearing denied (1907) 27 Sup. Ct. 729, 206 U. S. 356, 51 L. Ed. 1092. But see Johnson v. Towsley (1871) 13 Wall. 72, 82, 20 L. Ed. 485. The consideration and determination of appeals to the Secretary from the Commissioner of the General Land Office may be made by an Assistant Sec The secretary of the interior, in reviewing the decisions of the commissioner of the general land office in relation to the sale of public lands, exercises a supervisory rather than an appellate power in the sense in which the term "appellate" is employed in defining the powers of courts of justice. In the power, nul the of the office, out the tres v. As to exercise of such supervisory e may approve, modify, or anacts, proceedings, and decisions ommissioner of the general land henever certified to him, withformality of an appeal. HesBrennan (1875) 50 Cal. 211. right and procedure for review see note under § 699, post. 6. Power to make regulations for enforcement of land laws. This section and R S. §§ 453, 2478, post, §§ 699, 5120, empower the Commissioner of the General Land Office, under the direction of the Secretary, to enforce, "by appropriate regulations," every part of the public land laws, as to which it is not otherwise specially provided. Leonard v. Lennox (1910) 181 Fed. 760, 767, 104 C. C. A. 296; U. S. . Nelson (D. C. 1912) 199 Fed. 464. Congress has power to place the control of the occupancy and use of the forest lands in the hands of the secretary of the interior for their preservation, and to provide that any occupancy in violation of the rules and regulations adopted by him shall be punishable criminally. (1901) 23 Op. Atty. Gen. 589. The secretary of the interior cannot without express authority of law prescribe rules and regulations by which the national forest reservations may be made the game refuges for game or by which hunting, killing, and capturing of inspector and Indian agent, may lawfully close the business of noncitizens of the Creek nation who refuse to pay their permit taxes fixed by its law. Buster v. Wright (1905) 135 Fed. 947, 957, 68 C. C. A. 505. thereon may be forbidden. Id. A rule by the Secretary of the Interior, the import of which is to carry into effect the provisions of an act relating to the public lands, is valid, and has the itself. same binding force as the law 101 P. 106. Clyde v. Cummings (Utah, 1909) 7. Employment of special agents to enforce on the Under the provisions of this section for supervision by the Secretary of public business relating to the Indians, and of R. S. § 463, post, § 716, for management by the Commissioner of Indian affairs, under direction of the Secretary, of all Indian affairs, a general order signed by the Commissioners stating that it was made by direction of the Secretary, which authorized a superintendent of Indian affairs to publish advertisements inviting proposals for supplies, was authorized by the head of the department, within the meaning of the requirement thereof in R. S. § 3828, post, § 7187, notwithstanding it was not signed by the Secretary. S. v. Odeneal (C. C. 1882) 10 Fed. 616, 618. land laws.-The duty imposed Secretary to have supervision over public lands, and the duty imposed on the Commissioner of the General Land Office under the general supervi sion of quire the Secretary, necessarily rethose officers to act by and through the agency of others, and the right dental to employ such agents is incito the obligation to enforce the law. U. S. v. Schlierholz (D. C. 1904) 133 Fed. 333, 335. 8. Supervision of business relating to Indians through Commissioner of Indian affairs.-The secretary of the interior and his subordinates, the Indian U. 9. Power to make regulations relating to Indian affairs.-Regulations made under this section and under R. S. & 465, post, § 723, for the purpose of carrying into effect the statutes relating to Indian affairs, have the force of statutory enactments. U. S. V. Thurston County (1906) 143 Fed. 287, 291, 74 C. C. A. 425. The president is authorized by the treaty of June 9, 1855 (12 Stat. 948), and this section and sections 716, 723, post, to make rules for the government of the Indians on the Umatilla reservation, including the establishment of an Indian court and police, and the definition of "Indian offenses" and the measure of punishment therefor. U. S. v. Clapox (D. C. 1888) 35 Fed. 575. 10. Assignment of additional duties to Indian inspectors.-The Secretary, being charged by this section with the supervision of public business concerning the Indians, may lawfully assign to Indian inspectors other duties relating to that business in addition to those prescribed by R. S. § 2045, post, § 3989, wherever the exigencies of the public service require it. (1881) 17 Op. Atty. Gen. 391, 392. II. Powers as to Indian allotments.The Secretary of the Interior could not, by virtue of his general control over the affairs of the Indians, segregate land for townsite purposes to the deprivation of an Indian's right to a patent which had become vested by selection of allotment and certificate from the tribal commission, after expiration for the time for contest. Ballinger v. U. S. ex rel. Frost (1910) 30 Sup. Ct. 338, 340, 216 U. S. 240, 54 L. Ed. 464. 12. Supervision and review of action of Commissioner of Patents.-The power of supervision and direction given by this and other sections to the Secretary, over the public business relat ing to patents for inventions, does not extend to a review of the action of the Commissioner of Patents in those cases in which he is by law appointed to exercise his discretion judicially. Butterworth v. U. S. (1884) 5 Sup. Ct. 25, 27, 112 U. S. 50, 28 L. Ed. 656. The Commissioner of Patents, in issuing or withholding patents, in reissues, interferences, and extensions, exercises quasi judicial functions, and the Secretary has no power to revise the action of the Commissioner in awarding to an applicant for a patent priority of invention, and adjudging him entitled to a patent. Id. See (1881) 17 Op. Atty. Gen. 205. 13. Government Printing Office not under jurisdiction of the Department.The government printing office has never been placed under the jurisdiction of the department, as the jurisdiction of that department is defined by this section. U. S. v. Allison (1875) 91 U. S. 303, 304, 23 L. Ed. 372. Cited without definite application, Caha v. U. S. (1894) 14 Sup. Ct. 513, 515, 152 U. S. 211. 38 L. Ed. 415; Corporation of the Colic Bishop of Nesqually v. Gibbon (1895) 15 Sup. Ct. 779, 784, 158 U. S. 155, 39 L. Ed. 931; Stoneroad v. Stoneroad (1895) 15 Sup. Ct. 822, 158 U. S. 240, 39 L. Ed. 966; Warner Valley Stock Co. v. Smith (1897) 17 Sup. Ct. 225, 227, 165 U. S. 28, 41 L. Ed. 621; Cosmos Exploration Co. v. Gray Eagle Oil Co. (1903) 23 Sup. Ct. 692, 696, 190 U. S. 301, 47 L. Ed. 1064; U. S. ex rel. West v. Hitchcock (1907) 27 Sup. Ct. 423, 425, 205 U. S. 80, 51 L. Ed. 718; Johnston v. Morris (1896) 72 Fed. 890, 897, 19 C. C. A. 229; James v. Germania Iron Co. (1901) 107 Fed. 597, 600, 46 C. C. A. 476; Rainbow v. Young (1908) 161 Fed. 835, 88 C. C. A. 653; Robinson v. Lundrigan (1910) 178 Fed. 230, 101 C. C. A. 590, dissenting opinion (affirmed 33 Sup. Ct. 255, 227 U. S. 173, 57 L. Ed. 468); U. S. v. Minidoka & S. W. R. Co. (1911) 190 Fed. 491, 498, 111 C. C. A. 323; Cahn v. Barnes (C. C. 1881) 5 Fed. 326, 331; Cosmos Exploration Co. v. Gray Eagle Oil Co. (C. C. 1900) 104 Fed. 20, 43; U. S. v. ReaRead Mill & Elevator Co. (C. C. 1909) 171 Fed. 501, 508; Southern Development Co. v. Endersen (D. C. 1912) 200 Fed. 272; Altschul v. Clark (Or. 1901) 65 P. 991. § 682. (R. S. § 442.) Powers of Secretary. The Secretary of the Interior shall hereafter exercise all the powers and perform all the duties in relation to the Territories of the United States that were, prior to March first, eighteen hundred and seventy-three, by law or by custom exercised and performed by the Secretary of State. Act March 1, 1873, c. 217, 17 Stat. 484. The duties of the office of Commissioner of Railroads, formerly Auditor of Railroad Accounts, were transferred to the Secretary of the Interior, with the records and files of the office, on the termination of that office, by a provision of Act March 3, 1903, c. 1007, § 1, 32 Stat. 1119. But the act creating said office and prescribing its duties, etc., Act June 19, 1878, c. 316, as amended by subsequent acts, was repealed by Act Aug. 24, 1912, c. 374, 37 Stat. 503. Cited without definite application, Ct. 822, 825, 158 U. S. 240, 39 L. Ed. Stoneroad v. Stoneroad (1895) 15 Sup. 966. (R. S. § 443. Transferred to Title XII A, c. A.) This section of the Revised Statutes provided that the Secretary of the Interior should exercise supervisory and appellate powers in relation to all acts of marshals and others in taking and returning the census. But said powers were vested in the head of the Department of Commerce, on the transfer of the Census Office to that Department under the act establishing it, by provisions of that act that duties, powers, etc., possessed or exercised by the head of any executive department in and over any bureau, office, etc., so transferred, "whether of an appellate or revisory character or otherwise," shall be vested in and exercised by the head of the Department of Commerce. Act Feb. 14, 1903, c. 552, § 10, post, § 859. As this provision may be regarded as applicable to the Secretary of Commerce, it is placed under Title XII A, "Department of Commerce," c. A, post, § 866. § 683. (R. S. § 444.) Expenditures of the Department. The Secretary of the Interior shall sign all requisitions for the advance or payment of money, out of the Treasury, upon estimates or accounts for expenditures upon business assigned by law to his Department; subject, however, to adjustment and control by the proper accounting officers of the Department of the Treasury. Act March 3, 1849, c. 108, § 2, 9 Stat. 395. Cited without definite application, § 684. (Act July 4, 1884, c. 181, § 5.) Rules for government of agents, attorneys, etc., representing claimants before Department; suspension or disbarment. The Secretary of the Interior may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing claimants before his department, and may require of such persons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for a hearing, suspend or exclude from further practice before his department any such person, agent or attorney shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud in any manner deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter, or by advertisement. (23 Stat. 101.) This section was part of the pension appropriation act for the fiscal year 1885, cited above. As to similar powers conferred by statute on the Secretary of the Treasury, see ante, § 385. As to the power of the Commissioner of Patents to refuse to recognize any person as a patent agent, see R. S. § 487, post, § 750. or (R. S. § 445. Superseded.) Decisions table," is not void because of the word "disreputable" not being defined by the common law, and having no common or general signification. Phillips v. Ballinger (1911) 37 App. D. C. 46. This section required the Secretary to make annual reports to Congress : First. Of all claims presented to him during the preceding year under laws treaty stipulations for compensation for depredations committed by Indians. Second. Of copies of public journals, books, and documents received by him for distribution, and the distribution thereof during the preceding year. The first requirement, of a report of Indian depredation claims, was superseded by the transfer of such claims to the Court of Claims by the Indian Depredations Act, Act March 3, 1891, c. 538, 26 Stat. 854, section 13 of which provided that the investigation and examination of such claims, under acts previously in force, should cease on the taking effect of the act. The second requirement, of a report of the receipt and distribution of public documents, was superseded by the provisions of the Printing and Binding Act of Jan. 12, 1895, c. 23, §§ 61-64, post, §§ 7040-7043, section 64 of which, post, $7043, repealed all laws providing for the delivery to the Department of the Interior of public documents for distribution, other than such as are for the use of that Department. The provisions of R. S. § 683, and of Act Feb. 12, 1889, c. 135, 25 Stat. 661, for the distribution by the Secretary of copies of the reports of the Supreme Court, were repealed by Jud. Code, § 297, post, § 1274; the distribution of said reports by the Attorney-General being provided for by Jud. Code, § 227, Post, § 1203. An annual report by the Secretary of expenditure of the general Indian education fund for each preceding year was required by a provision of Act March 2, 1887, c. 320, § 1, post, § 685. Other provisions requiring reports of the expenditure of funds and appropriations for the benefit of Indians, and of the fiscal affairs of Indian tribes are made by Act May 18, 1916, c. 125, § 27, ante, § 398, post, § 4077a, Act April 4, 1910, c. 140, § 1, post, § 686, Act March 3, 1911, c. 210, §§ 1, 27 post, §§ 687-689, 4124, and Act June 30, 1913, c. 4, §§ 1, 26, post, §§ 4125, 6789. Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, were made by R. S. §§ 195, 196, and Act July 1, 1916, c. 209, § 3, ante, §§ 278, 279, 279a. General provisions relating to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are contained in Title XLI, "Appropriations." 1 U.S.COMP.'16-23 (353) |