ATTORNEY-GENERAL-Continued.
is entirely a matter of fact, as to which the Attorney-General
can express no opinion. 590.
36. The Attorney-General can not be asked to give a list in advance
of the occupations, employment in which would constitute
"laborers" within the meaning of the Chinese acts. He can
only answer as to each case when it arises. 602.
37. The Attorney-General should not give an official opinion, except
to the President or to the head of an Executive Department,
with reference to matters in the direct or supervisory control of
the head; accordingly he should not at present answer the
question whether the Commissioner of Patents, in an inquiry
instituted under section 467, Revised Statutes, has the power
to appoint a referce to take testimony and report with his con-
clusions thereon, subject to revision by the Commissioner of
Patents, and afterwards by the Secretary of the Interior. 608.
38. The Attorney-General can not give an official opinion except upon
a question of law which has already arisen and which is sub-
mitted upon a definite statement of facts, not leaving it to him
to draw inferences of fact from correspondence or documents.
614.
39. The Attorney-General can give official opinions only upon ques-
tions of law actually arising in the administration of the
Department, and which are at the time pending, and which
must be determined in order that the work of the Department
may be properly administered. He is reluctant to pass upon
any question whose answer may bring the Department of Jus-
tice into conflict with a judicial tribunal. 618.
40. A judge of a State court refused a claim of employés of the
War Department to exemption from jury duty. He notified the
Department, however, that he would excuse the men from such
duty if, in the opinion of the Department, it would seriously
prejudice the public interest: Held, That no such serious occa-
sion has yet arisen as would justify the Attorney-General in
reviewing the ruling of the State judge. 618.
41. The Attorney-General has no authority to give an official opinion
upon the reasonableness of fees demanded by persons proposing
to act as attorneys for Indian litigants. 620.
42. The Attorney-General can not be asked to authorize an investiga-
tion to be made, in order that an official opinion may be ren-
dered by him based on the result of such investigation. 640.
43. Official opinions of the Attorney-General are to be followed by
the other Departments. 648.
44. The Attorney-General can not attempt to frame a definition of
statutory language to cover all future cases. 649.
45. The construction of regulations of the Civil Service Commission
is a matter entirely within the province of the Commission, and
should not be attempted by the Attorney-General. 649.
46. Questions of pure law actually arising in the administration of
the Treasury Department and requiring the personal attention
ATTORNEY-GENERAL-Continued.
of the Secretary of the Treasury, may be referred to the Solici-
tor of the Treasury or to the Attorney-General. If referred to
the latter, his answer should be regarded by the Department as
law, until withdrawn by him or overruled by the courts. 654.
47. A Chinaman, resident in the United States, asked the Secretary
of the Treasury whether if he should revisit his native country
he could lawfully return to the United States afterwards:
Held, That this was not a question arising in the administra-
tion of the Treasury Department and therefore the official opin-
ion of the Attorney-General could not be asked upon it. 667.
48. The Attorney-General should not answer the general question
"whether loan and savings associations" are corporations doing
the business of bankers, brokers, or savings institutions within
the meaning of section 5243 of Revised Statutes, as the question
is rather a judicial than an executive one, and moreover, the
name alone does not offer sufficient information. 673.
49. The question of "similitude" under Revised Statutes, section
5430, is a question of fact as to which the Attorney-General is
not permitted to render an official opinion. 697.
50. A request for an opinion of the Attorney-General should contain
a clear statement of the question an answer to which is asked.
He should not be left to seek out the facts and infer the questions
submitted from correspondence inclosed. 699.
51. The advisability of bringing suit is not a question of law upon
which the Attorney-General's opinion may be asked. 702.
52. It is inexpedient for the Attorney-General to render an official
opinion as to whether a civil suit or criminal prosecution, if
brought by the Government, ought to be decided by the courts
in its favor. 702.
53. While the regulations posted in the Department of Agriculture
seem to be valid, yet until the lawfulness of some particular
regulation is actually called in question no opinion respecting
its legality can properly be asked for or given. 703.
54. The laws or usages of a tribe of Indians are not matters of which
judicial notice can be taken, but present questions of fact upon
which the Attorney-General can not advise.
55. Requests for opinions of the Attorney-General should be accom-
panied by a definite statement with the material facts, and a
formulation of the questions to which an answer is desired.
56. The Attorney-General can not be asked to exercise appellate juris-
diction upon mixed questions of law and fact. 711.
57. The Solicitor of the Treasury is an officer of the Department of
Justice and not of the Treasury Department. 714.
58. The question whether an action to recover money due the United
States not involving an issue of fraud, is maintainable, is a
question arising in the Department of Justice and therefore the
Attorney-General's opinion can not be asked upon it by the
Treasury Department. 714.
ATTORNEY-GENERAL-Continued.
59. The word "exceptional" in the act of March 3, 1893, chapter 211,
section 5, raises a question of fact upon which the Attorney-
General can not advise. 716.
60. The owners of a vessel inquired of the Secretary of the Treasury
whether, if they rebuilt the vessel in Canada, it could be there-
after reregistered as a vessel built in the United States: Held,
That this was a question arising in the administration of the
Treasury Department and therefore the official opinion of the
Attorney-General could not be asked upon it. 723.
61. Requests for the opinions of the Attorney-General must be accom-
panied with a statement of facts and separate formulation of
the questions to which an answer is desired. 723.
62. The opinion asked must be one needed for the guidance of the
officer asking it. 724.
63. The head of a Department can not require the Attorney-General's
opinion as to his power to do an act unless it is his intention to
do it if he has the power. 728.
64. The nature of the evidence required from applicants for leave and
the sufficiency of reasons for extending or limiting the hours of
labor are matters within the discretion of the head of the
Department, as to which the Attorney-General can not advise.
65. The Attorney-General should not express an official opinion upon
a judicial question as to which the circuit courts are in con-
flict. 729.
66. The Attorney-General can not give an official opinion upon a case
which has not yet actually arisen. 729.
67. The Attorney-General can not be called upon for an opinion which
involves the examination of evidence and the settling of ques-
tions of fact. 740.
68. Twenty opinions, 648, followed as to the effect to be given to the
opinions of the Attorney-General. 719.
69. The Attorney-General's opinion can not be asked on questions
relating only to the duties of the Commission to the Five Civil-
ized Tribes, appointed under the Indian appropriation act of
March 3, 1893, chapter 209, section 16. 724.
70. On a doubtful question as to fees chargeable in customs matters,
after it has been long settled by departmental practice founded
on a decision of the Board of General Appraisers, the Attorney-
General will not undertake to pass independent judgment as to
the original merits. 730.
71. The Attorney-General can not be asked to examine and approve
codes of rules, or forms of application, etc., adopted by a
Department to apply to cases arising in the future. 738.
72. The Attorney-General can not consider matter merely evidential
in character and make findings of fact thereupon. Questions
referred to him are analogous to questions referred to the Supreme
Court upon certificate of division of opinion in the lower courts.
He has no general appellate power. 742.
AUDITOR FOR POST-OFFICE DEPARTMENT.
See POSTMASTER'S ACCOUNTS.
The opinions previously rendered by the Department of Justice
that bicycles are "personal effects " within the meaning of our
tariff acts adhered to. 648, 719.
A bid made under a mistake of fact may be recalled. 1
See CONTRACT, Nos. 1, 3, 4, 5.
The meaning of the term "bona fide residence" in a particular
act, that of July 11, 1890, chapter 667, appropriating money for
the expenses of the Civil Service Commission, laid down. 60.
1. A surety company is a proper bondsman on the bond of consular
officials. 16.
2. A bond executed in a firm name by a partner duly authorized by
power of attorney so to execute it is obligatory upon the firm.
311.
3. The President can require a bond from the register of wills and
recorder of deeds of the District of Columbia for the faithful
accounting by them of fees received by them. 508.
The Government having contracted with a corporation for the
transportation of United States seamen from New York to San
Francisco, and a portion of the route having been over railroads
aided by the Government under the act of July 1, 1862, chapter
120: Held, That all compensation earned by the said bond-aided
railroad should be withheld until determined in accordance
with that act or until judicially determined. 11
A proposed bond of indemnity for advances to a contractor engaged
in building a vessel deemed unsafe, and the suggestion made
that the contractor be required to execute a refunding bond
with adequate personal or real security or both to cover as well
advances heretofore as any which may be made hereafter. 692.
Bounties are not payable on sugar made between April 1, 1891, and
July 1, 1891. 2.
1. The Secretary of War is authorized by section 7 of the river and
harbor acts of 1890 and 1892 to approve or disapprove the loca-
tion or plan of a bridge,the construction of which is duly author-
ized by an act of the legislature of the State, when the waters
to be bridged are wholly within the limit of that State. 101.
2. The authority conferred upon the Secretary of War by section 7 of
the river and harbor act of 1890, chapter 97, is limited to the
cases of bridges authorized by State law to be erected over
waters the navigable portions of which lie wholly within the
limits of the State. 488.
3. The duty of the Secretary of War, considered with reference to
the act of February 28, 1891, chapter 382, incorporating the
Arlington Railway Company, and laid down to be to approve
the specifications, manner of constructing, and materials of the
proposed bridge. He is authorized to relocate it if the place
designated by the company is a reasonable compliance with
the terms of the act. 549.
When a person of the Chinese race found unlawfully in this
country claims he should be removed to some other country
than China, the burden of proof is upon him to show that he
is a subject of such other country. 171.
BUREAU OF PRINTING AND ENGRAVING.
1. The Bureau of Printing and Engraving can not now use steam
plate-printing presses. 33.
2. The Bureau of Printing and Engraving is still required by section
2 of the act of March 3, 1883, chapter 123, to submit estimates of
the cost of executing work for the Post-Office Department.
132.
CALIFORNIA DÉBRIS COMMISSION.
The members of the California Débris Commission do not hold
civil office within meaning of Revised Statutes, section 1222,
nor does Revised Statutes, section 1224, necessitate their with-
drawal from the Engineer Corps.
Only the cartage actually paid for by the Government is required
to be let out by public bidding. 35.
CERTIFICATE.
See SURVEYOR OF CUSTOMS.
CERTIFICATE OF CONSULAR OFFICERS OF CHINA.
Consular officers of China stationed in foreign countries and duly
empowered by the Chinese Government may properly sign the
certificates required by section 6 of the act of July 5, 1881,
chapter 220, and certificates issued by such duly authorized
consular officers of China in foreign countries, accurately con-
forming to the requirements of section 6, are the certificates
contemplated by the law. 693.
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