clude the idea that there is any peremptory duty resting upon him under the act of June 28, 1902, 'to supply a specifically described patented binding device on the requisition of an allottee of the appropriation for public printing and binding when, in the Public Printer's discretion, an article of different character is more in the interest of economy, uniformity, and better adapted to the needs of the service.'"

Previously in that opinion it had been held with respect to section 87 of the act of January 12, 1895, that "it only requires 'printing, binding, and blank books' which it is necessary to have specially executed, manufactured, or made, to be 'done' at the Government Printing Office, except in cases otherwise provided by law."

It is manifest from this and the express language of the paragraph of that opinion above quoted that the discretion held to be possessed by the Public Printer in respect to the purchase of articles authorized by section 1 of the act of June 28, 1902, was dependent upon such articles, or any of them, being "of the character required by section 87 of the act of January 12, 1895, to be 'done' at the Government Printing Office;" that is, "executed, manufactured, or made" there. If the articles referred to in that section, or any of them, are not such as the Public Printer may more economically manufacture or make, but must necessarily be purchased by him in order to fill a requisition by a particular department, there is nothing calling for the exercise of the discretion reposed in him by section 51 of the act of January 12, 1895, and he must purchase as directed in the requisition. The fact that a similar article is listed upon the general supply committee's schedule. authorized by section 4 of the act of June 17, 1910, which might possibly subserve the purpose desired, is a matter which concerns only the head of the department making the requisition.

I have the honor, therefore, to answer your inquiries in the negative.

Respectfully,

GEORGE W. WICKERSHAM. THE SECRETARY OF COMMERCE AND Labor.

DISCONTINUANCE OF PENSION AGENCIES.

The President is not authorized to discontinue seventeen of the eighteen agencies for the payment of federal pensions, and direct that work now divided among the eighteen to be performed by one agency. His power to reduce or consolidate such agencies is limited by the act of March 3, 1891 (26 Stat. 1082), to the reduction or consolidation of such agencies with the three groups directed to be established by that act.

DEPARTMENT OF JUSTICE,

February 20, 1911.

SIR: I beg to acknowledge the receipt of your letter of the 4th instant requesting my opinion upon the following question:

"Has the President, acting under the provisions of Revised Statutes, section 4780, power to discontinue 17 of the 18 agencies for the payment of Federal pensions and to direct that the work now divided among the 18 be performed by one agency, if he deems that course expedient, or has that power been modified, withdrawn, or limited by subsequent legislation?"

Section 4780 of the Revised Statutes provides:

"SEC. 4780. The President is authorized to establish agencies for the payment of pensions wherever, in his judgment, the public interests and the convenience of the pensioners require; but the number of pension agencies in any State or Territory shall in no case be increased hereafter so as to exceed three, and no such agency shall be established in addition to those now existing in any State or Territory in which the whole amount of pensions paid during the fiscal year next preceding shall not have exceeded the sum of five hundred thousand dollars."

The authority of the President under the then existing law to consolidate two or more such agencies into one was affirmed by Attorneys-General Williams and Devens, in opinions rendered December 6, 1872, and May 3, 1877, respectively. (14 Op. 147; 15 ib. 246.)

In the latter opinion it was held that the authority of the President to discontinue existing pension agencies, arising out of the power to establish them conferred by the act of February 5, 1867, which was the original of section 4780 of the Revised Statutes, was not affected by the tenure of

office acts of March 2, 1867 (14 Stat. 430), and April 5, 1869 (16 Stat. 6), which deprived him of power to remove such officers. The effect of a discontinuance of such an agency it was held would, notwithstanding the tenure of office acts, discontinue the official relation of the agent with the Government.

This matter is now relieved of any such complication by the repeal of the tenure of office acts, which, it has been held, restored to the President his power to remove an officer appointed, by and with the advice and consent of the Senate, for a term of years, in his discretion, for the public good. (Parsons v. United States, 167 U. S. 324.)

It is necessary to consider the legislation passed since the opinions referred to were rendered affecting this subject. By the act of March 3, 1891, chap. 548 (26 Stat. 1082), Congress provided:

"SEC. 2. That the Secretary of the Interior is hereby authorized and directed to arrange the various agencies for the payment of pensions in three groups as he may think proper, and may from time to time change any agency from one group to another as he may deem convenient for the transaction of the public business. The first group shall make their quarterly payments of pensions on January fourth, April fourth, July fourth, and October fourth of each year; the second group shall make their quarterly payments of pensions on February fourth, May fourth, August fourth, and November fourth of each year; and the third group shall make their quarterly payments of pensions on March fourth, June fourth, September fourth, and December fourth of each year. The Secretary of the Interior is hereby fully authorized to cause payments of pensions to be made for the fractional parts of quarters created by such change, so as to properly adjust all payments as herein provided. Section forty-seven hundred and sixty-four of the Revised Statutes is hereby so amended as to conform to the changes in the time of payments provided herein, and is made applicable thereto.

"The sum of fifteen thousand dollars is hereby appropriated to meet the expenses involved in carrying into effect the changes herein provided for."

Section 4764 of the Revised Statutes provided:

"SEC. 4764. Within fifteen days immediately preceding the fourth day of March, June, September, and December in each year, the several agents for the payment of pensions shall prepare a quarterly voucher for every person whose pension is payable at his agency, and transmit the same by mail, directed to the address of the pensioner named in such voucher, who, on or after the fourth day of March, June, September, and December next succeeding the date of such voucher, may execute and return the same to the agency at which it was prepared, and at which the pension of such person is due and payable."

The act of March 4, 1907, chapter 2920 (34 Stat. 1407), provided:

"For salaries of eighteen agents for the payment of pensions, at four thousand dollars each, seventy-two thousand dollars.

"Provided, That the Secretary of the Interior shall make inquiry and report to Congress at the beginning of its next regular session the effect of a reduction of the present pension agencies to one such agency upon the economic execution of the pension laws, the prompt and efficient payment of pensioners, and the inconvenience to pensioners, if any, which would result from such reduction. This provision shall not be construed as interfering with or limiting the right or power of the President under existing law in respect to reduction or consolidation of existing pension agencies.

"For clerk, hire and other services, in the pension agencies, four hundred and thirty-five thousand dollars: Provided, That the amount of clerk hire, and other services, for each agency, shall be apportioned as nearly as practicable in proportion to the number of pensioners paid at each agency and the salaries paid shall be subject to the approval of the Secretary of the Interior.

"For rent, New York agency, four thousand five hundred dollars.

"For examination and inspection of pension agencies, as provided by the final provision of the act of August eighth, eighteen hundred and eighty-two, amending section forty

seven hundred and sixty-six, Revised Statutes, one thousand five hundred dollars.

"For stationery and other necessary expenses, thirty thousand dollars."

The purpose of section 2 of the act of March 3, 1891, was thus stated when that provision was under consideration in the Senate as an amendment to the pending pension appropriation bill (22 Cong. Rec., 2175):

"Mr. ALLISON. The Secretary of the Interior and the Secretary of the Treasury unite in recommending that the amount of money paid for pensions should go out of the Treasury monthly, rather than quarterly, and they recommend this adjustment, so that every month the amount of pensions for that month will be paid, although the pensioner will receive his money quarterly. The object of this section is to divide the pension agencies into groups, so that one-fourth of them will pay pensioners one month, one-fourth the next, and so on. It is regarded as a matter of importance to the Treasury in view of the large amount now paid for pensions. There will be an accumulation under existing law of some thirty-five millions of money each quarter. Under this arrangement there will be no accumulation, but the money will go out of the Treasury every month. It will not interfere in any way with the pensioners and will be a great convenience to the Treasury. The pensioner will still receive his money quarterly; and, in order to make it exactly just, fractional payments are authorized."

In view of the act of Congress of March 3, 1891, directing the division of the existing pension agencies into three groups and specifying the manner in which they should make their quarterly payments of pensions, the question naturally arises whether the President could thereafter consolidate such agencies into one, and whether, if he still possessed any authority to consolidate or reduce existing agencies, he was not necessarily confined by this legislation, in making any reductions or consolidation, to the maintenance of the three divisions provided for by the act of March 3, 1891. That act manifestly proceeds upon the assumption that the existing number of agencies will be main