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PURCHASE OF SUPPLIES-Continued.

2. Same. The word "him" in the last proviso of the above section refers to the Secretary of the Treasury, and the word "so" refers to the method of contracting for other supplies, which method is to be followed in contracting for telephone, electric light, and power service. Ib.

3. Same. Section 4 of the act of June 17, 1910 (36 Stat. 531), supersedes the acts of January 27, 1894, and April 21, 1894 (28 Stat. 33 and 62), and prescribes the method by which the supplies mentioned therein should be purchased. Ib.

4. Same. The Bureau of Engraving and Printing is subject to the provisions of section 4 of the act of 1894, and supplies for that bureau, of the character mentioned in that act, must be contracted for and purchased in accordance with its terms. Ib. 5. Purchase of Supplies for the Executive Departments-Secretary of the Treasury. Section 4 of the act of June 17, 1910 (36 Stat. 531), does not make it mandatory upon the Secretary of the Treasury to purchase all supplies required by the several executive departments, of the character named in that act, regardless of whether, as prescribed by the first proviso thereof, such articles are "in common use by or suitable to the ordinary needs of two or more such departments or establishments." 573. 6. Same. The power given the Secretary to add other articles to the common supply schedule is discretionary. If he does not choose to exercise the power and add to it after his attention is called to the matter, then the department or establishment concerned may purchase the article in the manner theretofore authorized by law; but if he does add it to the schedule, it must be purchased through the general supply committee. Ib. 7. Same. The repealing clause, section 5, of the act of June 17, 1910 (36 Stat. 531), amended and modified the act of April 28, 1904 (33 Stat. 440), which creates the office of purchasing agent in the Post Office Department, only in so far as the latter is inconsistent with the former. Ib.

8. Same-Secretary may Amend the Annual Common Supply Schedule. The Secretary of the Treasury has authority under section 4 of the act of 1910 to amend the annual common supply schedule by adding other articles of the character covered by the act at any time during the year that he may deem proper. Ib.

9. Same. Telephone, electric light, and power service purchased or contracted for from companies or individuals should be obtained through the general supply committee. Ib.

10. Same. The provision that "no department or establishment shall purchase or draw supplies from the common schedule through more than one office or bureau" does not limit the number of supply bureaus or offices in the several departments and establishments. Ib.

PURCHASE OF SUPPLIES--Continued.

11. Purchase of Supplies from Party to an Unlawful Trust.-An adjudication that a person or corporation is a party to an unlawful trust or monopoly, from which decree an appeal has been taken, is not sufficient to exclude such person or corporation from competition in the sale of supplies to the Government. Opinion of April 19, 1919 (23 Op. 247), followed. 334.

12. Same. Statutory authority "to reject any and all bids" does not confer the right to arbitrarily or capriciously reject any bid. Ib. 13. Same. A statutory provision that supplies shall be purchased where they can be cheapest, etc., "the interests of the Government considered," does not enlarge the authority of the contracting officer, but has reference to the cost and adaptability of the supplies. Ib.

See also DISTRICT OF COLUMBIA, 4, 5; PUBLIC PRINTER, 3-9. PURE FOOD.

1. Canadian Club Whisky-Label- Blend.-" Canadian

Club Whisky," which is the name of a whisky composed of two separate and distinct distillates of grain, is such a distinctive name and is so arbitrary and fanciful as to clearly distinguish it from all other whisky or similar product and need not be labeled "a blend of whiskies" under the provisions of section 8 of the food and drugs act of June 30, 1906 (34 Stat. 768). 455.

2. Same. A "distinctive name," within the meaning of section 8 (34 Stat. 768), is not limited to designations that are purely arbitrary or fanciful and which do not contain the names of the elements of which the compound is composed. Ib.

See also MEAT INSPECTION.

RAILROADS. See COMMON CARRIERS; PANAMA.

RANK, PAY, AND EMOLUMENTS. See NAVY, 11-15.
RATE OF PREMIUM. See OFFICIAL BONDS.

RECLAMATION.

OF ALCOHOL FROM STAVES OF EMPTY BARRELS. See INTERNAL
REVENUE, 2.

RECLAMATION SERVICE.

Filing of contracts.-Contracts authorized by the Secretary of the Interior, which were entered into between an acting supervising engineer in the United States Reclamation Service and certain users of water furnished for irrigation purposes by the Reclamation Service, are within the purview of section 3744, Revised Statutes, and copies thereof should be filed in the returns office of the Department of the Interior by the officer making and signing the same. 66.

RECORD.

OF SPECIAL TAXES. See INTERNAL REVENUE, 1. REFUND. See TONNAGE DUTIES, 4.

REGISTRATION. See COPYRIGHT LAW, 7-14; AND PATENT OFFICE. REMISSION OF FINES, PENALTIES, AND FORFEITURES. See

TONNAGE Duties, 5.

RENEWALS. See COPYRIGHTS, 5.

REPRIMAND. See NAVY, 6.

RESIDENCE. See NAVAL ACADEMY, 1, 2.

RETIREMENT. See NAVY, 9, 10, 15.

REVENUE-CUTTER SERVICE.

1. Enlisted men of the Revenue-Cutter Service are not "officers of the Government" within the meaning of the act of March 2, 1907 (34 Stat. 1170), which provides that no part of that appropriation shall be applied to the payment of the expenses of using transports in any other Government work than the transportation of the Army and its supplies and officers and enlisted men, etc., of the Marine Corps, etc. 320.

2. Same. Enlisted men are never called officers in any branch of the Government service except where they are appointed as noncommissioned or petty officers in the Army or Navy. The terms "officers" and "enlisted men" are used in contradistinction, neither referring to the other. Ib.

3. Interment of Officers and Seamen in National Cemeteries.-Commissioned and warrant officers and seamen of the RevenueCutter Service who die in the ordinary administration of that service in time of peace are not entitled to the privilege of interment in national cemeteries. 543.

RIPARIAN RIGHTS. See POTOMAC RIVER, 1.

ROADS. See MOUND CITY NATIONAL CEMETERY.

SALE. See OFFICIAL STAMPS.

SAULT STE. MARIE BRIDGE CO. See BRIDGES, 1.

SECRETARY OF AGRICULTURE. See ALASKA, 1; MEAT INSPECTION, 6.

SECRETARY OF THE NAVY. See DRY DOCK, 1; NAVAL ACADEMY, 5; NAVY, 2, 3; VESSELS, 1.

SECRETARY OF THE TREASURY.

1. Marking of Imported Liquors Enforcement of section 240 of the Criminal Code. It is not within the province of the Secretary of the Treasury to prescribe regulations governing the marking of imported liquors to conform to section 240 of the Criminal Code adopted by the act of March 4, 1909 (35 Stat. 1088). 99. 2. Same No Authority to Formulate Rules and Regulations to Enforce that Statute. That section is a criminal statute, with no reference to the collection of internal revenue or duties on imports, and there is no statute authorizing the Secretary of the Treasury to formulate rules and regulations for the enforcement of a general criminal statute which has no relation to the collection of revenue. Ib.

SECRETARY OF THE TREASURY-Continued.

3. Same. The Treasury Department may, however, instruct collectors of customs that when a package, shipped from a foreign country or a place subject to the jurisdiction of the United States, but noncontiguous thereto, into the United States, containing intoxicating liquors, and clearly not labeled as required by that section, comes within the observation of a customs officer, he should seize the same and have it declared forfeited by like proceedings as those provided to enforce forfeitures for violation of the customs laws. Ib.

See also AWARD, 1; CONTRACTS, 3; PURCHASE Of Supplies, 5, 6, 8. SECRETARY OF WAR. See BRIDGES, 4; NAVY, 15; VESSELS, 5. SOLDIERS AND SAILORS. See CIVIL SERVICE, 1; PENSIons, 1–3. SPANISH TREATY CLAIMS.

Claims of Spanish Subjects Residing in Florida, under Treaty of 1819.—The Attorney General reviews claims of Spanish subjects residing in Florida arising under the provisions of the treaty of 1819 with Spain, but declines to express an opinion upon the merits of said claims for the reason that all open questions have been settled by uniform rulings of the administrative officers of the Government and the matter has been repeatedly passed upon by his predecessors in office. 306.

STAMPS. See OFFICIAL STAMPS.

STATE TAX.

1. State Tax on Automobiles Purchased for President.-Automobiles purchased for the President under appropriations made by Congress are not subject to taxation by a State, nor can the chauffeurs operating said machines be taxed by a State for the privileges of performing the duties pertaining to their employment. 604.

2. Same May Impose Certain Fees.-A State may, however, in order to protect the public against dangers that might arise from performing the duties of a lawful employment in an unlawful manner, adopt reasonable police regulations which require that certain conditions be complied with before entering upon such occupation, and the fees intended merely to pay the expenses of complying with these requirements may be exacted. Ib. STATE, WAR, AND NAVY BUILDING.

Certification to Certain Positions Connected with the State, War, and Navy Building.-Executive order of July 5, 1906, which directs the certification next after the eligibles entitled to preference under section 1754, Revised Statutes, of persons honorably discharged from the United States Navy as water tenders, oilers, and firemen, for the position of fireman in the State, War, and Navy Building; persons honorably discharged as warrant machinists in the Navy for the position of chief engineer or assistant engineer; and persons honorably discharged

STATE, WAR, AND NAVY BUILDING-Continued.

as noncommissioned officers in the United States Army for the position of watchman in that building, is inconsistent with the provisions of the civil-service act, and therefore without sanction of law. 112.

STATUARY HALL. See CAPITOL, THE.

STATUTORY AUTHORITY. See GOVERNMENT.

STATUTORY CONSTRUCTION.

1. Where there are two acts upon the same subject they must stand together if possible, but if they are repugnant in any of their provisions the later act operates as a repeal of the earlier only so far as its provisions are repugnant to the provisions of the earlier act. 70.

2. A construction of a statute which would go beyond the evil intended to be remedied and produce apparently unforeseen and untoward results should be avoided. 78.

3. All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It is always presumed that the legislature intended exceptions to its language which would avoid such results. 158.

4. 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. 491.

5. Syntax and grammar must yield to the intention of Congress. 537. STEAMER JOHN B. KETCHAM, 2d. See VESSELS, 2.

SUGAR. See AWARD.

SUPPLIES.

See CONTRACTS, 1, 3; PURCHASE OF SUPPLIES.

SURETY COMPANIES.

Globe Surety Co., of Kansas City-Certification as an accepted sole surety. The Globe Surety Co., of Kansas City, Mo., having the power to guarantee the fidelity of persons holding positions of public or private trust and the power to execute and guarantee bonds and undertakings in judicial proceedings, possesses appropriate corporate powers to entitle it to certification as a sole surety under the provisions of the acts of Congress of August 13, 1894 (28 Stat. 279), and of March 23, 1910 (36 Stat. 241). 411.

See also BONDS, 1-5; OFFICIAL BONDS, 1–4.

TARIFF RATES.

PANAMA RAILROAD. See PANAMA.

TAXES.

CORPORATION TAXES. See CORPORATIONS, 1-16.

EXEMPTION FROM TAXATION. See PORTO RICO, 3-6.

FORM OF RECORD OF SPECIAL TAXES. See INTERNAL REVENUE, 1.
STATE TAX ON PRESIDENT'S AUTOMOBILE. See STATE TAX.

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