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R. S. 2084 (U. S. C. Title 25, Sec. 92): Manner of purchase of goods for Indians

SECRETARY OF THE INTERIOR, Department of the Interior:

This section is obsolete and should be repealed, because it takes away from the Secretary of the Interior and the Commissioner of Indian Affairs the right to order purchases as may be deemed necessary by them.

MCCLENON:

35 Stat. 71 (U. S. C. Title 25, Sec. 94): Purchase of supplies; advertisement; supplies for irrigation works

35 Stat. 73 (U. S. C. Title 25, Sec. 103): Warehouses for goods

SECRETARY OF THE INTERIOR, Department of the Interior:"

This section deals with the maintenance of warehouses at five points. The warehouses at The warehouses at Omaha and New York were closed about 1915 under the direction of Congress. Appropriation bills of later years, including the present one, limit the warehouses to three in number without any provision for their location. This section should therefore be repealed.

MCCLENON:

While there is no later permanent provision that clearly supersedes this, it is certainly not in force at present, as recent appropriation acts have limited the warehouses to a smaller number; e. g., 44 Stat. 939.

Title 25, Secs. 126-129. It appears unlikely that a situation would hereafter arise in which these provisions could be operative.

R. S. 2098 (U. S. C. Title 25, Sec. 126): Payment of claims for Indian depredations

SECRETARY OF THE INTERIOR, Department of the Interior:

It is believed that present day conditions make this section unnecessary. It is believed therefore that this section should be repealed.

MCCLENON:

R. S. 2100 (U. S. C. Title 25, Sec. 127): Moneys or annuities of hostile Indians

SECRETARY OF THE INTERIOR, Department of the Interior: Present day conditions make this section unnecessary and it is believed that it should be repealed.

MCCLENON:

18 Stat. 424 (U. S. C. Title 25, Sec. 129): Moneys due Indians holding captives other than Indians withheld

SECRETARY OF THE INTERIOR, Department of the Interior: Present day conditions make this section unnecessary and it is believed that it should be repealed.

MCCLENON:

TITLE THIRTY

37 Stat. 496 (U. S. C. Title 30, Sec. 111)

SECRETARY OF THE INTERIOR, Department of the Interior: Authorizes the disposition under certain of the public land laws of lands in Utah withdrawn, classified or valuable for oil. This special act was superseded by the general act of July 17, 1914 (38 Stat. 509, Code Sections 121, 122, and 123).

MCCLENON:

Title 30, secs. 111-113; the subject matter of these sections appears to be completely provided for by sections 121-123 of this title, which were enacted later, and hence may well be regarded as superseding Secs. 111-113.

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R. S. 3482 (U. S. C. Title 31, Sec. 208)

SECRETARY OF WAR, War Department:

There has been some dispute as to whether Section 3842 R. S. expired in 1891 or not. U. S. Code Annotated takes the view that it is still in effect, citing Griffis vs. U. S. (52 Ct. Cl. 170)

MCCLENON:

I concur substantially in the Department's suggestion, as this provision was expressly limited to 1892 by 25 Stat. 437.

I do not however concur in the statement that the first clause

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I therefore believe that section 3482 R. S. as well as the amendment contained in section 1 of the Act of June 22, 1874 (supra) has been held by the Supreme Court to have expired, and that unless any claim submitted on or before August 12, 1891 is still pending, section 208 of Title 31 should be omitted from the Code. Express repeal is unnecessary.

If the contrary view should be adopted, then the expression "except as provided in section 218 of this title " should come out of section 208. This expression does not appear in any underlying statutes, and however an accounting officer and the Courts may construe statutes underlying section 218 as affecting section 3462 R. S., an introduction of said expression into the Code is new legislation rather than codification.

MCCLENON:

constitutes new legislation rather than codification. If Sec. 208 is not to be eliminated altogether, for the reasons indicated, I think the first clause should be retained.

TITLE THIRTY-TWO

24 Stat. 402, sec. 3, as amended by 34 Stat. 450, sec. 3 (U. S. C. Title 32, Sec. 32)

SECRETARY OF WAR, War Depart

ment:

Section 3 of Section 1661 R. S. as amended, is obsolete and Title 32, Section 32, which purports

MCCLENON:

The subject-matter of sections 32 and 34 of this title appears to be completely provided for by

SECRETARY OF WAR, War Depart

ment:

to repeat said Section 3, should be eliminated from the Code, though express repeal is unnecessary.

34 Stat. 1174 (U. S.

SECRETARY OF WAR, War Department:

I am of the opinion that so much of the provision of Act of March 2, 1907, as is intended to be covered by Title 32, Section 34, has been superseded by other provisions of law contained in the Code, and that Title 32, Section 34, may properly be omitted from the Code as superfluous. Express repeal of the underlying statute seems unnecessary.

MCCLENON:

sections 33 and 35 of Title 32,
which were enacted later and
hence may well be regarded as
superseding Sections 32 and 34.
C. Title 32, Sec. 34)

MCCLENON:

I concur substantially in the Department's views as to Sections 32 and 34.

TITLE THIRTY-THREE

43 Stat. 606, sec. 9 (U. S. C. Title 33, Sec. 425)

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R. S. 1439 (U. S. C. Title 34, Sec. 145)

SECRETARY OF THE NAVY, Department of the Navy:

Sections 141, 142, 143, 144, and 145 of this title are obsolete and might be completely repealed.

30 Stat. 1007, sec. 11 (U.

SECRETARY OF THE NAVY, Department of the Navy:

Section 391 of this title is obsolete and might be completely repealed.

MCCLENON:

Secs. 141-145. The Department now appears to regard the grade or office of storekeeper as no longer necessary in the Navy. S. C. Title 34, Sec. 391)

MCCLENON:

It seems unlikely that any occasion could hereafter arise for the operation of this provision; hence there would seem to be no objection to its repeal as suggested by the Department.

34 Stat. 554 (U. S. C. Title 34, Sec. 392)

SECRETARY OF THE NAVY, Depart

ment of the Navy:

Section 392 of this title is obsolete and might be completely repealed.

MCCLENON:

Since the Department regards this provision as obsolete, there would seem to be no objection to its repeal; it relates to a limited class of persons who are very likely no longer in existence.

35 Stat. 753 (U. S. C. Title 34, Sec. 393)

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