« PreviousContinue »
PENSION ATTORNEYS. See COMMISSIONERS OF DEEDS. PENSIONS. 1. Honorably Discharged Soldiers and Sailors—Terms of Discharge
are conclusive.-In determining the pensionable status of a person who served in the civil war, under the acts of June 27, 1890 (26 Stat. 182), and of February 6, 1907 (34 Stat. 879), the Department of the Interior is concluded by the terms of a
discharge granted by the Navy Department as “honorable.” 83. 2. Same.-By using the words "honorably discharged" in the acts
above referred to, Congress intended to adopt or act upon the actual past discharges as honorable, if of a kind generally so regarded by the War and Navy Departments and military men of the branches in question at the time the separation or dis
charge took place. Ib. 3. Same.-In construing these pensions the question to be deter
mined is not what should have been granted, but what was
granted. Ib. PERMANENT NAVAL SUPPLY FUND. See NAVAL SUPPLY FUND. PERSONAL RIGHT.
Whenever there is a peremptory obligation on the part of the
Government to do something with reference to a person, there
is a corresponding right in that person to have it done. 417. PHILIPPINE ISLANDS. 1. Entry of Goods from Philippines.-Section 14 of the tariff act of
August 5, 1909 (36 Stat. 87), which prohibits the importation from foreign countries of goods made in whole or in part by convict labor, does not apply to goods coming into the United
States from the Philippine Islands. 422. 2. Same.—The Philippine Islands are not a “foreign country"
within the meaning of the above-mentioned section. Ib. 3. Disposition of Friar Lands in the Philippines.—The limitations in
section 15 of the act of July 1, 1902 (32 Stat. 696), of the amount of public land which may be acquired by individuals and corporations in the Philippine Islands do not apply to estates purchased by the Philippine Government from religious orders pursuant to the authority of sections 63, 64, and 65 of said act.
103. 4. Corporations Holding Real Estate.—Neither a corporation formed in
Belgium to acquire and possess lands in the Philippine Islands nor any other foreign or domestic corporation authorized to engage in agriculture may legally purchase or hold more than
1,024 hectares of land in the Philippine Islands. 258. 5. Philippine Internal-revenue Stamps.-Funds derived from the
sale of internal-revenue stamps in the Philippine Islands belong to the Philippine Government, under the provisions of section 4 of the act of March 8, 1902 (32 Stat. 54), and should be paid into the Philippine treasury. This section remains in full PHILIPPINE ISLANDS—Continued.
force and effect notwithstanding the provisions of section 5
of the tariff act of August 5, 1909 (36 Stat. 84, 85). 70. 6. Transfer of Lands Reserved for Naval Purposes to War Department.
The President has authority to transfer the use and control of lands in the Philippine Islands, reserved by Executive order for naval purposes, to the War Department for military pur
7. Same. - Opinion of November 3, 1904 (25 Op. 269), approved. Ib. 8. Homicide Committed on Hospital Ship Stationed at Olongapo,
P. I.-Jurisdiction. A homicide committed on board of the hospital ship Relief while stationed at Olongapo, P. I., by the acting master of the vessel, who committed this act by order of the commanding oflicer of the ship, occurred “out of the jurisdiction of any particular State or district,” within the meaning of section 730, Revised Statutes, and the parties accused may be tried in any judicial district either in a state or a Territory of the United States into which they shall be first brought.
24. 9. Same.-The word “district” as used in section 730, Revised
Statutes, includes every Territory within which there are courts regularly organized and having jurisdiction over offenses against the United States; that is, such courts as are mentioned in sec
tion 1910, Revised Statutes. Ib. 10. Same.--The courts of the Philippine Islands are not vested with
jurisdiction in cases arising under the Constitution and laws of the United States, as prescribed by section 1910, Revised
Statutes. Ib. PORTO RICO. 1. Legality of Bond Issue.-The issuance of bonds by the insular gov
ernment of Porto Rico for the purpose of constructing roads and bridges, as provided by an act of the Legislative Assembly of Porto Rico, approved March 10, 1910, not being in excess of 7 per cent of the aggregate tax valuation of its property, is legal.
245. 2. United States District Court, Porto Rico-Signing Bill of Excep
tions.-Where the United States district judge for the district of Porto Rico left the jurisdiction before signing a bill of exceptions, he should return to Porto Rico and sign it; but in case that can not be done, the bill of exceptions should be prepared and agreed upon by counsel on both sides, and counsel should stipulate that it is correct and that the judge may allow and
sign the same outside of his district. 321. 3. American Railroad Co. of Porto Rico--Assignment to-Exemp
tion from taxation.—The Legislative Assembly of Porto Rico did not exceed its powers in granting to the “Compañia de los Ferrocarriles de Puerto Rico," in an act passed February 4.
1902, an exemption from taxation upon its railroad lines and property theretofore built and acquired by it, as well as the railroad lines and property thereafter to be built and acquired
by it. 491. 4. Same.—The exemption applies only to those lines and property
which were the possession of that company, and was not assignable. Consequently it does not apply to railroad lines or property built or acquired by subsequent purchasers, lessees, or
operators. 10. 5. Same.--The exemption does not extend to the "American Railroad
Co. of Porto Rico, Central Aguirre, operator,” to which company the Compañia de los Ferrocarriles leased all its property, notwithstanding the fact that the executive council on July 22, 1902, by an ordinance, authorized the latter company to assign to the American Railroad Co. the right to construct, maintain, and operate the railroad line from Ponce to Guayama, the building of which had been authorized by ordinance of the executive council on October 28, 1901, and notwithstanding the ordinance
of assignment was afterwards approved by the President. Ib. 6. Same.--Immunity from taxation must be construed most strongly
against the grantee and will not be held assignable in order to pass to a purchaser on a sale, under mortgage or otherwise,
without express authorization. Ib. POTOMAC RIVER, D. C. 1. Title to Made Land-Riparian Rights.—The United States is the
owner of the submerged land and also the bed of the navigable portion of Potomac River within the original limits of the District
of Columbia. 366. 2. Same-Property of the United States. The submerged area along
the water front of the Potomac River just below Alexandria,
DESIGNATION OF OFFICERS OF THE NAVY TO ACT AS BUREAU
CHIEFS. See Navy DEPARTMENT, 3.
Power TO SUSPEND PAYMENT OF TONNAGE Tax. See TONNAGE
DEPARTMENT. See PhilipPINE ISLANDS, 6.
3-4. PUBLIC LANDS. See ALASKA, 3; AND FOREST RESERVES. PUBLIC PRINTER. 1. Abolition of Branch Printing Offices. The Public Printer can not,
of his own motion, abolish any branch printing office, nor can he, with the consent of the Joint Committee on Printing, abolish any branch printing offices other than the excepted offices enumerated in section 31 of the act of January 12, 1895 (28 Stat.
601). 232. 2. Same.—The Public Printer can not discontinue the operation of
the branch printing offices as branch offices, except the specific offices mentioned in the proviso of section 31 of the general printing act of January 12, 1895 (28 Stat. 605), to wit, those in the Weather Bureau and the Record and Pension Division of the War Department, even though he transfers the employees and plants thereof, either in whole or in part, to the Government Printing Office Building, and there continues the work
hitherto performed in the branch offices. 601. 3. Purchase of the Product of Bindery Operations.-Sections 4 and 5
of the act of June 17, 1910 (36 Stat. 531), relating to the purchase of stationery and other miscellaneous supplies for the executive departments and other Government establishments in Washington do not supersede or repeal section 87 of the act of July 12, 1895 (28 Stat. 622), and other provisions of law under which it is claimed the Public Printer has authority to purchase all articles that are manifestly products of the printing
art and its kindred operations. 581. 4. Same.-Blank books, press copy books, stenographers' note
books, etc., which have been scheduled by the general supply
ommittee, and are of a staple character usually carried in stock by commercial houses, do not come within the terms of section 87 of the act of January 12, 1895, which requires only that “printing, binding, and blank books,” which it is necessary to have specially executed, manufactured, or made at the Government Printing Office, shall be "done" there, except as otherwise provided by law. Ib.
PUBLIC PRINTER-Continued. 5. Same.-Articles for other departments of the Government. The
Public Printer is, however, required to purchase from the schedule of the general supply committee any of the articles above referred to which are properly upon the schedule, where the same are required for the use of the Printing Office, but he is not required to purchase such articles from the schedule for the other departments or establishments of the Government, as they would be ordered through the Secretary of the Treas
6. Same.-A specifically described patented binding device.—The
Public Printer is not required by law to supply a specifically described patented binding device on the requisition of an allottee of the appropriation for public printing and binding, the article being of a character required by section 87 of the act of July 12, 1895, to be “done” at the Government Printing Office, where in his opinion an article of different character is more in the interest of economy, uniformity, and better adapted
to the needs of the service. Ib. 7. Purchase of Supplies Not Listed-Head of Department Not Required
to State Specific Reasons.-In purchasing articles of supplies not listed in the schedule of the general supply committee, or contracted for by the Secretary of the Treasury, the head of a department making the requisition is not required to state the specific reasons why such articles are necessary in lieu of other articles of a more or less similar nature which are listed on the schedule. Nor is the head of a department required to submit a similar statement in making a requisition upon the Public Printer for an article within the description of articles enumerated in the act of June 28, 1902 (32 Stat. 481), but which is not required to be made to order, or “done,” at the Government Printing Office under the provisions of section 87 of the act of January 12,
1895 (28 Stat. 622). 612. 8. Same.-The discretion to be exercised by the Public Printer
under section 87 of the act of January 12, 1895, extends only to articles of a character which are to be "done,” that is, “executed, manufactured, or made,” at the Government Printing
Office. Ib. 9. Same.—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 (36 Stat. 531), which might possibly subserve the purpose desired, is a matter that concerns only the head of
the department making the requisition. Ib. PURCHASE OF SUPPLIES. 1. Detached bureaus or offices having a field or outlying service
may, by permission of the head of the department, under section 4 of the act of June 17, 1910 (36 Stat. 531), order all their supplies directly from the contractor, whether needed for use in the city of Washington or elsewhere. 380.