Commissioner of Soldiers' Home-Retired Officers of the Army. fruit, light, and some other supplies were furnished to these officers by the Home when they were not otherwise supplied by law.

Although the report criticises with some severity certain acts of some of the commissioners in permitting unjustifiable uses of moneys and products of the Home, there is nothing therein nor in the law enacted in consequence of that report to indicate a prohibition or even a disapproval of the use or consumption by resident officers of the Home of the articles now being considered.

It must therefore be held that practice, acquiescence, and Congressional approval have established the construction of the law that permits the allowances in question.

The use of the articles in question as shown is merely an indirect application of a small fraction of the trust funds to the benefit of the cestuis que trust.

These articles when received by a retired officer of the Army acting as governor, deputy-governor, or treasurer of the Home residing thereat are not pay or emoluments received from the Government.

Here, as in most cases of trusteeship, some things must be left to the discretion and judgment of those who are empowered to administer the trust.

In this case the articles received must be issued by the allowance of the board; they must not be excessive in amount or value; they should be such as, in the nature of things, may be readily supplied at the time and place, and such as may be properly issued with due regard to convenience and economy.

Subject to these conditions, it is my opinion that these articles may be received by these officers without any violation of existing statutes.

In response to your inquiry, so far as it relates to the salary granted to the treasurer by the board, permit me to answer that it is shown that the duties of this officer are quite exacting and his service involves a large pecuniary responsibility; he is required to serve as secretary, as well as treasurer, and to make all of the purchases for the Home.

The investigation made by the Senate committee in 1882, before referred to, disclosed the fact that additional compen

Commencement of Duties.

sation had been paid to the treasurer from the funds of the Home.

The act of 1883, which was the outgrowth of this investigation, not only fails to prohibit or restrict such payment, but it recognizes the importance of the services of this offi cer by requiring him to give a bond in the penal sum of $20,000, for the faithful performance of his duty.

As the compensation received by the treasurer through the board of commissioners is not pay or emoluments received from the Government, it is my opinion that he is not prohibited by any statute from receiving such salary, reasonable in amount, as the board in its discretion shall grant.

Very respectfully,

The SECRETARY OF WAR.

W. H. H. MILLER.

COMMENCEMENT OF DUTIES.

The President having proclaimed March 15 as the date at which the suspension of free importation of enumerated articles from countries, designated in the proclamation is to take effect, goods shipped prior to the date when such change takes effect are admitted at the old rate of duty.

DEPARTMENT OF JUSTICE,

March 17, 1892.

SIR: Touching the time when duties are to be imposed under the tariff bill of 1890, about which inquiry was made from your Department of me yesterday evening, I beg to say: The language of the statute, after providing for the proclamation by the President, is as follows:

"In such cases and during such suspension duties shall be levied, collected, and paid upon sugar, molasses, coffee, tea, and hides, the product of or exported from such designated country, as follows." (26 Stat., 612.)

By his proclamation, the President has fixed March 15 instant as the date on which the suspension of free importation of the above-named articles from the countries designated is to take effect. My understanding is that under the rulings of the Treasury Department it has been customary, when the law has been changed, to admit goods shipped prior

Chief Engineers-Grades-Promotions.

to the date when such change takes effect at the old rates, and this being so, I see no reason for applying a different rule under this section. Indeed, upon that point I think the judicial mind would lean to a liberal rather than a rigorous construction.

Very respectfully,

W. H. H. MILLER.

The SECRETARY OF THE TREASURY.

CHIEF ENGINEERS-GRADES-PROMOTIONS.

The relative rank among the chief engineers changes with their seniority in that grade, but such change may be indicated by a notification from the Secretary of the Navy. No examination or appointment or confirmation by the Senate is necessary.

DEPARTMENT OF JUSTICE,

March 18, 1892.

SIR: On the 13th ultimo you requested the opinion of the Attorney-General on the question

"Whether in the division of the seventy chief engineers into three grades, by relative rank, as provided for in sections 1390 and 1476 of the Revised Statutes, three grades of chief engineers were created, within the meaning of the word grade as used in sections 1493 and 1496 of the Revised Statutes, which provide that no line officer and no officer not of the line, shall be promoted to a higher grade on the active list until his physical, mental, moral, and professional fitness therefor has been established to the satisfaction of the board of examining officers appointed by the President; also whether upon the advancement of a chief engineer from the third to the second, or from the second to the first or highest grade of relative rank, such officer should be subjected to examination before a board of officers, as required in the case of officers promoted to a higher grade, and given a new commission after confirmation by the Senate, as is done in the cases of all officers of the line, and of all of those of the several staff corps except naval constructors, civil engineers, chaplains, and professors of mathematics." (Secs. 1477, 1478, 1479, and 1480, R. S.)

Section 1390 of the Revised Statutes is as follows:

Chief Engineers-Grades-Promotions.

"The active list of the Engineer Corps of the Navy shall consist of seventy chief engineers, who shall be divided into three grades, by relative rank, as provided in chapter four of this title;

"Ten chief engineers;

"Fifteen chief engineers; and

"Forty-five chief engineers who shall have the relative rank of lieutenant-commander or lieutenant.

"And each and all of the above-named officers of the Engineer Corps shall have the pay of chief engineers of the Navy as now provided.

"One hundred first assistant engineers who shall have the relative rank of lieutenant or master; and

"One hundred second assistant engineers who shall have the relative rank of master or ensign; and the said assistant engineers shall have the pay of first and second assistant engineers of the Navy, respectively, as now provided."

Section 1476 provides as follows:

"Officers of the Engineer Corps on the active list shall have relative rank as follows:

"Of the chief engineers, ten shall have the relative rank of captain, fifteen that of commander, and forty-five that of lieutenant-commander or lieutenant.

"First assistant engineers shall have the relative rank of lieutenant or master, and second assistant engineers that of master or ensign."

The concluding part of section 1480 is as follows:

"The grades established in the six preceding sections for the staff corps of the Navy shall be filled by appointment from the highest members in each corps, according to seniority; and new commissions shall be issued to the officers so appointed, in which the titles and grades established in said section shall be inserted; and no existing commission shall be vacated in the said several staff corps except by the issue of the new commissions required by the provisions of this section; and no officer shall be reduced in rank or lose seniority in his own corps by any change which may be required under the provisions of the said six preceding sections: Provided, That the issuing of a new appointment and commission to any officer of the Pay Corps under the provisions of this section shall not affect or annul any existing bond,

Chief Engineers-Grades-Promotions.

but the same shall remain in force and apply to such new appointment and commission."

These three sections were derived from sections 7 and 10 of the act of March 3, 1871. (16 Stat., 538.) Section 7 of that act was as follows:

"That the officers of the Engineer Corps on the active list of the Navy shall be as follows:

"Ten chief engineers who shall have the relative rank of captain;

"Fifteen chief engineers who shall have the relative rank of commander; and

"Forty-five chief engineers who shall have the relative rank of lieutenant-commander or lieutenant.

"And each and all of the above-named officers of the Engineer Corps shall have the pay of chief engineers of the Navy, as now provided.

"One hundred first assistant engineers, who shall have the relative rank of lieutenant or master; and

"One hundred second assistant engineers, who shall have the relative rank of master or ensign; and the said assistant engineers shall have the pay of first and second assistant engineers of the Navy, respectively, as now provided."

It will be observed that the word "grades" used in section 1390 did not occur in the original act, and was the result of the revision.

Section 1493 and section 1496 of the Revised Statutes, which require physical and other examinations before promotions may be made from one grade to another in the active list of the Navy, first appeared in the act of April 21, 1864 (13 Stat., 53). At the time this act was passed, the grades of engineers in the Navy had been established by the act of August 31, 1842 (5 Stat., 577), in which the Secretary of the Navy was authorized to appoint a requisite number of chief engineers and assistant engineers, not to exceed one chief engineer, two first assistant, two second assistant, and three third assistant engineers for each steamship of war in the actual service of the United States. The chief engineer was given the right to share in prize money as a lieutenant, the first assistant engineer as a lieutenant of marines, the second assistant engineer as a midshipman, and the third assistant engineer as the forward officers; but none of the engineers should hold any other rank than as an engineer.