ACCOUNTS AND ACCOUNTING OFFICERS-Continued.

oaths to be taken by an officer of the Revenue Marine Service, or an officer or employé in any branch of the customs service, to the correctness of his account for pay or salary, as required by sections 1790 and 2693, Revised Statutes, shall be taken before some person authorized to administer oaths generally. 401. 7. The fee paid by the officer or employé in such case for administer

ing the oath does not constitute a proper charge against the United States, and if charged in his account should not be allowed in the settlement thereof. Ibid.

8. P. served as a cadet at the Military Academy from July 1, 1865, to June 15, 1869, when he was appointed a second lieutenant, and has ever since served as a commissioned officer in the Army. In February, 1884, he presented a claim for increased longevity pay under any law allowing credit for cadet service, and by settlements made in April, 1885, he was allowed an increase commencing from February 24, 1881, on a construction of law since declared by the Supreme Court, in the case of United States v. Watson (130 U. S., 80), to be erroneous. After the decision in that case (March 11, 1889) he filed a claim for longevity pay due under said decision: Held that the settlements made in April, 1885, can not be reopened upon the ground that they proceeded on a mistaken view of the legislation governing the subject involved. 439.

9. The first clause of section 3622, Revised Statutes, which requires the rendition of accounts monthly, is applicable to every officer who receives advances of public money to be disbursed, and also to every officer who collects and receives fees and revenues which it is his duty to account for. 557.

10. The requirement that officers render their accounts monthly is not subject to the direction of the Secretary of the Treasury, excepting in extraordinary cases, where he shall be of opinion that the statutory period ought to be enlarged to meet the special circumstances of such cases. Opinion of Attorney-General Devens of December 2, 1878 (16 Opin., 222), concurred in. Ibid. 11. The accounting officers of the Treasury should allow a paymaster of the Army credit for payment to a soldier of his retained pay under section 1281, Revised Statutes, where the latter has received an honorable discharge, although it may appear that after enlisting the soldier deserted, but was restored to duty without trial and served out the full term of his enlistment. 567.

ACCRUED PENSION.

See PENSION, 1, 2, 6, 7.

AD INTERIM APPOINTMENT.

See APPOINTMENT, 6.

ADJUSTMENT OF RAILROAD LAND-GRANTS.

See RAILROAD LAND-GRANTS, ADJUSTMENT OF.

ADMINISTRATOR. Where a resident on the naval reservation at Pensacola, Fla., died intestate, possessed of certain property, which is in the hands of the commandant of the yard: Advised that the local probate court of the State may properly exercise jurisdiction over the case, and that on the appointment thereby of an administrator of the estate of the deceased the property in the hands of the commandant belonging to such estate should be turned over to 176.

the administrator.

See JURISDICTION.

ADMIRAL'S SECRETARY.

See APPOINTMENT, 9.

ADVERTISEMENT.

Section 853, Revised Statutes, is superseded by the act of June
20, 1877, chapter 359, as regards the payment for advertisements
by the several Departments of the Government. 59.
See CONTRACT, 3, 4; STATUTES, INTERPRETATION OF, 4.

ALASKA.

1. The laws relating to national banking associations are by virtue of the act of May 18, 1884, chapter 53, in force in the Territory of Alaska, and such associations may be lawfully organized in that Territory. 678.

2. Alaska is a Territory within the meaning of sections 2 and 3 of the act of April 25, 1890, chapter 156, and, as such, is entitled thereunder to be represented by two Commissioners in the World's Columbian Commission. 700.

ALIENS.

1. The provisions of the act of March 3, 1887, chapter 340, forbidding aliens who have not declared their intention to become citizens, and alien corporations, to acquire, hold, or own real estate in the Territories, etc., apply to mines, these being real estate. 26.

2. But stock in a corporation is personalty, and consistently with those provisions an alien may hold shares of stock issued by an American corporation owning mineral lands in the Territories; yet where the holding by aliens exceeds 20 per cent. of its stock, such corporation can neither own nor hold hereafter-acquired real estate while such holding by aliens in excess of 20 per cent. continues. Ibid.

3. So an alien may hereafter advance money for the purpose of developing mining property in the Territories; but he can not thereby acquire any interest in such real estate. Ibid.

4. An alien may lawfully contract with an American owner to work mines by a personal contract, contract for hire, or a bona fide lease for a reasonable time.. Ibid.

ALLOTMENT AND ALLOTTEE.

See INDIANS AND INDIAN LANDS, 1, 11, 13, 15, 16, 17, 21, 22, 23, 24.

ALTERATION OF LICENSE.

See STEAM ENGINEERS, 2.

AMERICAN SURETY COMPANY OF NEW YORK.

See SURETY, 2.

APPEAL.

The consideration and determination of appeals to the Secretary of the Interior from the Commissioner of the General Land Office may be made by the Assistant Secretary of the Interior, under a regulation prescribed by the Secretary, pursuant to section 439, Revised Statutes. 133.

APPOINTMENT.

1. A vacancy in an office which happens during a session of the Senate, but remains unfilled until a recess of the Senate occurs, may be filled by the President during such recess by a temporary appointment. 261.

2. The rule is the same in the case of a new office, which is not filled during the session in which it was created. The President may fill the original vacancy existing therein by a temporary appointment made during the recess of the Senate. Ibid.

3. A retired officer of the Army is not ineligible to hold an appointment to a civil office. 283.

4. By section 1754, Revised Statutes, it is made the duty of those making appointments to civil offices to give a preference, other things being equal, to the class of persons named in that section; but the matter of capacity and personal fitness for the place is for the determination of the appointing power. 318.

5. T. was appointed a railway postal clerk by the Postmaster-General on April 29, 1889, without having undergone a civil-service examination (none being then required for such appointment), but he did not take the oath of office and enter upon its duties until May 18, 1889. In the mean time, namely, on May 1, 1889, civilservice rules for the Railway Mail Service went into effect, requiring an examination thereunder as a preliminary to making an appointment like the above: Held that T. was legally appointed on April 29; that his appointment was complete on that date,, although he did not qualify by taking the oath of office until afterwards; and that no examination under the civil-service rules was required in his case. 410.

6. The vacancy in the office of Paymaster-General, created by the retirement of General William B. Rochester, may be filled by an ad interim appointment under the provisions of section 179, Revised Statutes. 500.

7. Upon the facts submitted: Advised that the appointment of certain railway transfer clerks, who had not been examined and certi

APPOINTMENT-Continued.

fied for appointment by the Civil Service Commission, was not
within the amendment of clause 5 of Railway Rule II, adopted
August 19, 1889, which excepts from examination clerks in the
Railway Mail Service who are "employed exclusively as porters
in handling mail matter in bulk, in sacks, or pouches, and not
otherwise." 583.

8. Section 1019 of the Postal Regulations (edition of 1887) can not
prevail over, but must yield to the subsequently adopted amend-
ment of said clause 5, which should be strictly confined to the
class of transfer clerks therein mentioned. Ibid.

9. The appointment of the secretary allowed the Admiral of the Navy
by section 1367, Revised Statutes, does not belong to the Presi-
dent, with the advice and consent of the Senate, but devolves
upon the Admiral as one personal to himself; and the contem-
poraneous construction of the statute and uniform practice
thereunder by the executive branch of the Government have
accorded with this view. 589.

10. There is no statutory provision authorizing the appointment of
more than one deputy surveyor of customs, at the same time, at
each of the ports named in section 2722, Revised Statutes. 629.
11. An applicant for appointment as an inspector of boilers, under
section 4415, Revised Statutes, should have not only the technical
knowledge, but the actual professional experience of a practical
engineer on a steam-vessel. 632.

1. L., a major in the Seventh Infantry, was, by direction of the Pres-
ident, dropped from the rolls of the Army November 25, 1861,
and W., a captain in the Fourth Infantry, was with the advice
and consent of the Senate appointed major in the Seventh In-
fantry, vice L., dropped. Afterwards, on November 27, 1866, the
President revoked the order dropping L., and directed that he
be restored to his former commission to fill a vacancy of major
in the Eighteenth Infantry, to date from July 28, 1866, and at

ARMY-Continued.

the same time, by direction of the President, L. was placed on
the retired list as major: Advised that the action of the Presi-
dent on the 27th of November, 1866, was ineffectual to restore L.
to the Army and place him on the retired list, and that he is not
entitled to be borne thereon. 202.

2. S., a captain in the Seventh Infantry, was summarily dismissed the
service by direction of the President July 15, 1863, and notified
thereof. Afterwards, on August 11, 1863, the order of dismissal
was revoked; whereupon S. (the vacancy not having been filled
in the mean time) returned to the position from which he was
dismissed and continued to serve therein until December 30,
1864, when, upon the finding of a retiring board, he was retired
under the provisions of the act of August 3, 1861: Advised that
the dismissal of July 15, 1863, created a vacancy which could
not otherwise be filled than by an appointment with the advice
and consent of the Senate; that the subsequent revocation of
that order on the 11th of August, 1863, was ineffectual to restore
S. to his former position in the Army; that when, afterwards, he
was put on the retired list he was not a commissioned officer of
the Army, and therefore ineligible to a place thereon; and that,
accordingly, he is not entitled to be borne on such list. 203.
3. L., a first lieutenant in the Seventh Infantry, having been found
by a retiring board "incapacitated for active service from in-
sanity, which insanity is not incident to the service," was, by
direction of the President, retired July 31, 1868, on pay proper
alone under the act of August 3, 1861. At L.'s request the order
of retirement was, by direction of the President, on June 23,
1869, so amended as to wholly retire him from the service with
one year's pay and allowances. On April 2, 1878, by direction of
the President, the order of June 23, 1869, was declared void, on
the ground that L. was insane when he requested it; and he was
restored to the retired list in accordance with the original order.
Advised that after the President had once acted upon the finding
of the retiring board, by placing L. on the retired list with pay
proper alone, his power over the case was exhausted, and the
subsequent order wholly retiring L. was void for want of au-
thority thus to retire him; and that therefore L. is entitled to
be borne on the retired list conformably to the order retiring him
on pay proper alone. ibid.

4. Under the act of February 14, 1889, chapter 166, S. was appointed
from civil life to the position of major of engineers in the Army,
and thereupon was placed on the retired list of the Army as of
that grade: Advised, that he must take the oath required by sec-
tion 1756, Revised Statutes, and that this act would be in law a
legal acceptance of the office, and, as such, a sufficient formal
acceptance. 283.

5. The provisions of sections 1259, 1763, 1764, and 1765, Revised Stat-
utes, do not require the annulment of the appointment held by