ALCOHOL. See INTERNAL REVENUE, 2.

ALLOWANCE FOR GOOD CONDUCT. See FEDERAL PRISONERS, AMERICAN RAILROAD CO. OF PORTO RICO. See PORTO RICO, 3-5. APPOINTMENT. See CIVIL SERVICE, 1-3; NAVAL ACADEMY, 1-3. APPORTIONMENT. See CIVIL SERVICE, 1, 5, 7.

APPROPRIATIONS. See BATTLESHIP MAINE; DISTRICT Of Columbia, 5; DRY DOCKS, 1; MINE RESCUE WORK, 1, 3; MOUND CITY NATIONAL CEMETERY; NAVY, 2; NAVAL SUPPLY FUND.

ARMY.

1. President's Power to Detail Officers of the Engineer Corps.-The President has the power to detail officers of the Engineer Corps of the Army to act as experts at a hearing involving the granting of a permit to the city and county of San Francisco to use the Hetch Hetchy Valley, in the Yosemite National Park, for maintaining a water supply for municipal purposes. 270.

2. Samc.

Officers of the Engineer Corps of the Army may be ordered to any duty in the line of their profession. Ib. 3. Same.

Section 9 of the act of March 4, 1909 (35 Stat. 1027), does not operate to either repeal any portion of section 1158, Revised Statutes, or to revoke the implied power there given to the President to order Army engineers to any duty, nor does it curtail his power under that section, or otherwise, to assign such engineers to any duty. Ib.

OFFICERS OF MARINE CORPS, AUTHORITY TO EXERCISE COMMAND
IN THE ARMY. See MARINE CORPS, 1, 2.

ASSETS.

COLLECTION OF TAXES FROM. See CORPORATIONS, 7-9.

ATTORNEY. See INDIANS.

ATTORNEY GENERAL.

1. Administrative Policy. The Attorney General can not properly express an opinion as to whether or not the bonds of certain surety companies should be accepted, as that is a question of administrative policy. 127.

2. Question of Fact. What constitutes prompt delivery is a question of fact, in regard to which the Attorney General is not required under section 356, Revised Statutes, to express an opinion. 47. 3. Question of Fact. The determination of the meaning of the term "meat food product" is essential to the proper enforcement of the meat-inspection law, and as Congress has not defined the term, and it has no well-defined meaning, but is one of commercial usage, such determination is not a question of law upon which the Attorney General may express an opinion, but is a question of fact. 369.

4. Will not undertake to Find the Facts-Definite Statement of Facts Required. The Attorney General will not undertake to find the

ATTORNEY GENERAL—Continued.

facts involved in a request for an opinion. Such request must be accompanied by a definite statement of the facts upon which the question of law arises. 393.

5. Where no concrete facts are presented relative to the questions propounded, the Attorney General will not express an opinion.

417.

6. Hypothetical Questions.-The Attorney General declines to express an opinion upon the question whether a paymaster's clerk in the Navy retains his status as such clerk while traveling home under orders received prior to the revocation of his appointment, for the reason that the question is hypothetical in its nature. 129. 7. Hypothetical Questions-Disputed Questions of Evidence. The Attorney General declines to express an opinion upon hypothetical questions, nor will he enter into the consideration of disputed questions of evidence. 239.

8. Will not Examine Evidence to Establish Preponderance of Testimony.—The advisory powers of the Attorney General do not extend to an examination of evidence to ascertain what is established by a preponderance of testimony, nor can he settle facts ex parte from papers submitted and then proceed to give an opinion thereon. 218.

9. Questions Not Arising in the Administration of a DepartmentEligibility to Appointment under the Civil Service.-The Attorney General can not properly render an opinion to the head of an executive department regarding the eligibility of a temporary clerk to permanent appointment under the civil service, as that is not a question arising in the administration of a department which its head is called upon to determine. 393. 10. Same Certification of Eligibles Civil service. The Attorney General can not properly render an opinion to the Secretary of Commerce and Labor upon the question whether the Civil Service Commission is authorized, under existing civil-service rules, to certify eligibles from the list of persons who have qualified as carpenters, from which selection may be made for filling temporarily a statutory position as clerk, as the question is not one arising in the administration of the Department of Commerce and Labor which the Secretary is called upon to determine. 431.

11. Same

Opinions for Guidance of Certain Prospective Bidders.The Attorney General is not authorized to express an official opinion as to whether the provisions of the eight-hour law of August 1, 1892 (27 Stat. 340), will apply to the construction of caissons for the United States, where the information is desired for the guidance of certain prospective bidders, as the question is not one which the Secretary of the Navy is called upon to decide in the administration of his department. 534.

ATTORNEY GENERAL—Continued.

12. Question already Decided by an Executive Department which must Ultimately be Decided by the Courts.-The Attorney General can not properly express an official opinion upon the legality of certain orders issued by the Commissioner of Internal Revenue prohibiting the reclamation of alcohol from the staves of empty spirit packages, in the absence of affirmative proof that such alcohol had been properly tax paid, for the reason that the question has been decided by the Treasury Department, and is presented merely because of the request of counsel for parties interested, and for the further reason that the question must ultimately be decided by the courts. 596.

13. Questions Involving Payment of Money.-The rule is well established that the Attorney General will not, except in matters of great importance, express an opinion upon any question involving the payment of money which should ordinarily be referred to the Comptroller of the Treasury for decision. 129. See also MINE RESCUE WORK, 4; and FEDERAL PRISONERS, 2. AUTOMOBILES. See STATE TAX.

AWARD.

1. Award for Detecting Fraudulent Weighing of Sugars.-The Secretary of the Treasury is authorized, under the act of June 22, 1874 (18 Stat. 186), to make an award to Richard Parr for his services in detecting the fraudulent weighing of sugars by the American Sugar Refining Co., and for his seizure of the appliances used in committing this fraud and seizure of the cargo of the ship which was discharging at the time of the detection. No other person is entitled to an award in this matter. 329. 2. Same Smuggling. The application of secret springs to the mechanism of the Government scales by means of which the full weight of a dutiable article was not registered, constituted "smuggling" within the meaning of the statute. Ib. AWARD OF CONTRACT. See ISTHMIAN CANAL COMMISSION. BATTLESHIP MAINE.

1. Appropriations for Raising of the Battleship Maine and Interment of the Bodies found therein.-The acts of May 9, 1910, and June 25, 1910 (36 Stat. 353, 789), making appropriations for raising the battleship Maine and the interment of the bodies found therein, contemplated the actual raising of the vessel and the interment of the bodies, and not the mere preliminary preparation for that work. 391.

2. Same. The provision in the act of June 25, 1910, making an appropriation for raising the battleship Maine is not invalidated by erroneously reciting that the act of May 9, 1910, was approved May 10, 1910. Ib.

BATTLESHIP NO. 34. See NAVY, 2.

BILL OF EXCEPTIONS. See PORTO RICO, 2.

BLEND. See PURE FOOD.

BOATSWAIN. See NAVY, 1.

BOISE NATIONAL FOREST. See FOREST RESERVES, 3-5.
BONDS.

1. Bonds of Surety Companies.-The Treasury Department should not accept the bond of a surety company in a State where the company is forbidden by the laws of the State to do business, notwithstanding the company may have complied with the provi.sions of section 2 of the act of August 13, 1894 (28 Stat. 279). 34. 2. Same-Process Agents.—The act of August 13, 1894, requires the appointment of a process agent in the district where the principal resides and also in the district where the contract is to be performed.

Ib.

3. Bonds of surety companies executed in States in which they are not licensed, for principals residing in those States or for contracts to be performed therein, are valid and enforceable against such companies, no matter how flagrant their violations of the law of the State may have been as regards failure to qualify to do business in the State. 127.

4. The execution of a bond by a surety company at its home office or outside of the boundaries of a State wherein it is not licensed, for a principal residing in such State, or for a contract to be performed there, would not be the doing of business by the surety within the State. Ib.

5. The question whether or not in either such case the Treasury Department should accept such bonds is one of administrative policy, regarding which the Attorney General can not properly express an opinion. Ib.

See also PORTO RICO, 1; OFFICIAL BONDS.

BRANCH PRINTING OFFICES.

BRIDGES.

See PUBLIC PRINTER, 1, 2.

1. Sault Ste. Marie Bridge Co. The acquisition of the bridge occupied by the Sault Ste. Marie Bridge Co., north of the present St. Marys Falls Ship Canal, may be excepted from the operation of section 11 of the act of March 3, 1909 (35 Stat. 820), which directs the acquisition by condemnation of all property lying between said ship canal and the international boundary line at Sault Ste. Marie, in Michigan, as the bridge is not needed for any Government purpose and it is not an obstruction to navigation. 158. 2. Bridge across the Mississippi River at Hill City, Minn.-Construction-Approval.-The act of February 15, 1910 (36 Stat. 193), entitled an act to legalize the construction of a bridge across the Mississippi River at Hill City, Atkin County, Minn., does not require the Secretary of War to approve the bridge as built with possibly such minor changes as might be readily made. 341.

BRIDGES-Continued.

3. Same Intent of Congress.-The act above referred to is at most permissive. Congress did not intend to legalize the structure if it did not meet with the approval of the Secretary of War and the Chief of Engineers. Ib.

4. Same Alteration-Approval.-The Secretary of War would be authorized to approve the bridge in question if, after such alterations as might be readily made therein, it could be fairly held to satisfy the present needs of navigation, leaving the prospective needs of navigation to be dealt with under the general authority conferred upon him by section 4 of the act of March 23, 1906 (34 Stat. 84), to require the alteration of such structures to meet the needs of navigation. Ib.

BUREAU CHIEFS. See NAVY, 11, 13, 14.

BUREAU OF ENGRAVING AND PRINTING. See PURCHASE OF SUPPLIES, 4.

BUREAU OF MINES. See MINE RESCUE WORK, 1, 3.

BUREAU OF STANDARDS. See TEN-MILLION-POUND TESTING

MACHINE.

CAISSONS. See EIGHT-HOUR LAW, 3.

CAMP HANCOCK.

Transfer from War Department to Department of Agriculture.— The President is without authority to transfer the military post, Camp Hancock, at Bismarck, N. Dak., or any portion thereof, from the War Department to the Department of Agriculture. 143.

CANADIAN BOUNDARY.

1. Lease of Lands on which to Erect Boundary Line Monuments.— In leasing lands for the purpose of locating permanent monuments thereon to define the boundary line between the United States and Canada, under Article IV of the treaty between the United States and Great Britain, proclaimed July 1, 1908, the lessee should be described as "The United States of America." 484.

2. Same.

The Government has the right to lease lands in a State without the consent of the State, and since the leases contemplated constitute substantially fee simple estates, being for 999 years and the consideration therefor merely nominal, they do not come within the operation of Article I, section 14, of the constitution of New York of 1894, which prohibits the leasing of agricultural lands for a greater period than 12 years. Ib. CANADIAN CLUB WHISKY. See Pure Food.

CAPITOL, THE

Statue of Robert E. Lee, clothed in Confederate uniform, for Statuary Hall, National Capitol.-No objection can be legally made under existing law to the placing in Statuary Hall of the National Capitol, by the State of Virginia, of a statue of Robert E. Lee, clothed in Confederate uniform. 355.