1. Mission CHAPTER 25 DEPARTMENT IN GENERAL The character of the mission of the Interior Department is to advance the domestic interests of the people, as represented by the National Park Service, the Bureau of Education, and the Department's connection with the eleemosynary institutions, and to develop domestic resources, as represented by the Bureau of Mines and Reclamation and the Geological Survey. The department is charged with various miscellaneous duties, such as supervision over the government railroad in Alaska, and in relation to the territories of Hawaii and Alaska;1 renting buildings acquired for the enlargement of Capitol grounds, etc.; custody of records of the United States Fuel Administration and Bituminous Coal Commission 3 and custody of the records and property of the United States Coal Commission; adjustment of war minerals relief claims for losses incurred in producing, or preparing to produce, manganese, chrome, pyrites, or tungsten during the war.5 2. History For several years prior to the middle of the last century there was no little agitation in and out of Congress for the establishment of a Home Department, in contradistinction to the State, War, and Navy Departments, for, a congressional committee said: "War and preparations for war have been practically regarded as the chief duty of this government, while the acts of peace and production, whereby nations are subsisted, civilization advanced, and happiness secured, have been esteemed unworthy the attention, or foreign to the objects, of this government." 6 The recommendations of the said committee bore fruit in the passage of "An act to establish the Home Department," to be called the Department of the Interior, with jurisdiction over the Commissioner of the General Land Office, Patents, Indian Affairs, and Public Buildings in Washington; also over officers of the census, accounts of marshals, clerks, and other officers of the United States courts; over the lead and other mines of the United States; and over the warden and inspectors of the District of Columbia penitentiary. The Secretary in his first annual report recommended the organization of a separate Bureau of Agriculture and the construction of a highway or railroad to the Pacific. 1 R. S. § 442 (Comp. St. § 682). 2 Act June 25, 1910 (36 Stat. 738); Act Aug. 26, 1912 (37 Stat. 605 [Comp. St. § 3382]); Act May 16, 1918 (40 Stat. 550 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 3115%a to 3115%h]). 3 Executive Orders of July 22, 1919, March 24, 1920, and June 16, 1920. 4 Executive Order of September 13, 1923. 5 Act March 2, 1919, § 5 (40 Stat. 1274 [Comp. St. Ann. Supp. 1919, § 311514/15e]). 6 Act March 3, 1849 (9 Stat. 395). The domestic idea of a "Home Department" found expression in congressional acts authorizing the organization of the Government Hospital for the Insane for the insane of the Army and Navy, the Columbia Institution for the Deaf, Dumb and Blind, and special teaching for the blind. A wagon road from Fort Kearney, Nebraska, to California, and several other western roads were authorized.10 The Department was charged, by Executive Order of May 2, 1861, with the enforcement of the Act of March 3, 1819,11 and other laws for the suppression of the African slave trade, as well as the execution of laws providing for the transportation and colonization of persons of African descent set free by the Act of July 17, 1862. Supervision of Capitol extension and erection of the new dome was transferred from the War Department to the Department of the Interior. The Agricultural Division, that had been maintained. in the Patent Office since 1839, was made an independent Department of Agriculture in 1862.12 A Returns Office was established in the Department for filing all contracts executed in behalf of the War, Navy, and Interior Departments, in the interest of honest contracting.18 The Secretary was authorized to nominate five of the incorporators of the Union Pacific Railroad Company,14 and various other duties were imposed in connection with the Pacific railroads. A Department of Education, established in 1867,15 was changed to Office of Education in 1868,16 placed in the Interior Department. The beginning of the National Parks Service was indicated by placing the Yellowstone National Park under the control of the Secretary of the Interior.17 In 1873 general supervision over territories came to this department.18 Control of the Freedman's Hospital and Asylum at Washington was transferred from the War Department to the Department of the Interior in 1874; the control of expenditures was transferred to the Commissioners of the District of Columbia in 1893, but restored in 1905.19 The office of the Auditor of Railroad Accounts was created in 1878, which provided that the duties of the Auditor, under direction of the Secretary of the Interior should be to devise a system of reports for Government-aided railroads west of the Missouri river, to see that the laws relating to said companies were 7 Act March 3, 1855 (10 Stat. 682). 12 Act May 16, 1862 (12 Stat. 387). 17 Act March 1, 1872 (17 Stat. 32 [Comp. St. §§ 5188, 5189]). See, also, Act Feb. 28, 1916 (39 Stat. 23) and Act Aug. 25, 1916 (39 Stat. 535 [Comp. St. §§ 787d-787g]). 18 Act March 1, 1873 (17 Stat. 484 [Comp. St. § 682]). See, also, Act March 4, 1915 (38 Stat. 1021 [Comp. St. § 434a]). 19 Act June 23, 1874 (18 Stat. 223 [Comp. St. § 3975]); Act March 3, 1893 (27 Stat. 551 [Comp. St. § 3976]); Act March 3, 1905 (33 Stat. 1156 [Comp. St. §§ 3977, 3978]). enforced, to examine the companies' accounts for government transportation, etc. In 1881, the title of the auditor was changed to Commissioner of Railroads.20 The Geological Survey came under the department in 1879,21 and a Bureau of Labor was established in 1884.22 The new Interstate Commerce Commission was under Interior supervision from its creation in 1887 to 1889.23 Jurisdiction to determine the right of a sfate to a share of the appropriation for maintaining an agricultural and mechanical college was vested in the Secretary.24 The administration of forest reservations was imposed and delegated to the Land Office.25 Extension duties in connection with the Indian tribes were developed from 1893 to 1905.26 Supervision over Howard University in Washington, for education "without regard to race or color," was vested in the department. The Reclamation Service has its being under the Secretary of the Interior by virtue of the Act of June 17, 1902.28 The Bureau of Mines was established in 1910.29 Its supervision of investigation of structural materials was transferred to the Department of Commerce and Labor the same year." 30 Some of the foregoing duties were lost: The creation of a Department of Justice 31 terminated the previous jurisdiction over accounts and expenses of district attorneys, marshals, and other court officers. The office of Commissioner of Public Buildings was abolished and his duties were assumed by the Chief Engineer of the Army.32 The Bureau of Labor became a department,33 the Census Office was transferred,34 the office of Commissioner of Railroads was abolished, the execution of all laws affecting public lands in forest reserves. except laws involving surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting any such lands, was transferred to the Department of Agriculture,36 and Porto Rico was transferred to the Bureau of Insular Affairs.37 20 Act June 19, 1878 (20 Stat. 169); Act March 3, 1881 (21 Stat. 409). 21 Act March 3, 1879 (20 Stat. 394). 22 Act June 27, 1884 (23 Stat. 60). 23 Acts Feb. 4, 1887 (24 Stat. 383 [Comp. St. § 8575]); Act March 2, 1889 (25 Stat. 861). 24 Act Aug. 30, 1890 (26 Stat. 417 [Comp. St. §§ 8871-8876]). 25 Act March 3, 1891 (26 Stat. 1095, 1103 [Comp. St. § 5121]); Act June 4, 1897 (30 Stat. 34 [Comp. St. §§ 5123-5125]). 26 Act March 3, 1893 (27 Stat. 645); Act June 28, 1898 (30 Stat. 495); Act April 21, 1904 (33 Stat. 204); Act March 3, 1905 (33 Stat. 1060). 27 Act June 4, 1897 (30 Stat. 39); Act March 3, 1891 (26 Stat. 973). 28 32 Stat. 388 (Comp. St. § 4700 et seq.). 29 Act May 16, 1910 (36 Stat. 369). 30 Act June 25, 1910 (36 Stat. 743). See, also, Act Feb. 25, 1913 (37 Stat. 681 [Comp. St. §§ 783-787]). 31 Act June 22, 1870 (16 Stat. 162). 32 Act March 2, 1867 (14 Stat. 466). 33 Act June 13, 1888 (25 Stat. 182). 34 Act Feb. 14, 1903 (32 Stat. 825 [Comp. St. § 857]). 35 Act March 3, 1903 (32 Stat. 1119). 36 Act Feb. 1. 1905 (33 Stat. 628). 37 Executive Order of July 15, 1909. 3. Activities The most of the activities of the Department are set forth in succeeding chapters, discussing the bureaus, or are indicated in the paragraph under “Mission," supra. The following may be added: (a) Eleemosynary. The department's supervision over such eleemosynary and educational institutions in the District of Columbia as St. Elizabeth's Hospital, the Freedman's Hospital, Howard University, and Columbia Institution for the Deaf, as mentioned under the heading of "History," ante, continues. The department also contracts with the Maryland School for the Blind for the instruction of indigent blind children of teachable age, who are children of persons actually engaged in the military or naval service of the United States or belonging to the District of Columbia.s 38 (b) Capitol Architect. The department has duties in connection with the disbursement of appropriations for the office and work under the Architect of the Capitol.39 (c) General Educational Board. The General Education Board, incorporated by Act of Congress approved January 12, 1903, having for its object the promotion of education in the United States, is required to file with the Secretary of the Interior a report of its property holdings, disposition of same, and expenditures. On June 20, 1924, its funds; held without restriction, amounted to $110,534,298.18, and an undisbursed balance of income amounting to $10,391, 703.25. 4. Organization The Major Organization of the department is graphically shown in the organization chart, post. The duties of each bureau and service therein shown are explained in chapters dealing separately with such groups, except as follows: (a) The Secretary of the Interior.-The Secretary of the Interior is the head of the Department of the Interior. In addition to his general supervision over the government railroad in Alaska, he is a member of the Federal Power Commission under Act of Congress approved June 10, 1920;40 of the National Forest Reservation Commission, under Act of Congress approved March 1, 1911;41 of the District of Columbia Permanent System of Highways Commission, under Act of Congress approved March 2, 1893,42 and custodian of records, files, and property of Fuel Administration, Bituminous Coal Commission, and United States Coal Commission by various executive orders. (b) First Assistant Secretary of the Interior.-In the absence of the Secretary the First Assistant Secretary becomes Acting Secretary. He is charged with the supervision of the business of the General Land Office, including cases appealed to the Secretary of the Interior from decisions of that bureau involving 38 Act May 29, 1858 (11 Stat. 294); R. S. § 4869 (Comp. St. § 9360); Act May 26, 1908 (35 Stat. 295). 39 Act March 3, 1879 (20 Stat. 391 [Comp. St. § 3372]); Appropriation Act March 20, 1922 (42 Stat. 430). 40 41 Stat. 1063 (Comp. St. Ann. Supp. 1923, § 9992). 41 36 Stat. 962 (Comp. St. § 5177). 42 27 Stat. 532. public lands; applications for easements or rights of way for reservoirs, ditches, railroads, and telephone lines; applications for oil, gas, coal, and potash prospecting permits and leases; selections of public land under grants made by Congress to aid in the construction of railroads and wagon roads, for reclamation, and for the benefit of educational and other public institutions, etc. The Reclamation Bureau, and Bureau of Mines, are under his supervision; also matters from all bureaus relating to public lands. He is the budget officer of the department. From time to time duties in connection with the affairs of other bureaus of the department are assigned to him. (c) Assistant Secretary of the Interior.—The Assistant Secretary has general supervision over all matters concerning the Geological Survey, the Bureau of Pensions (including appeals from the decisions of the Commissioner of Pensions), Bureau of Indian Affairs, excepting those affecting the disposal of the public domain, National Park Service, the Bureau of Education, territorial affairs of Alaska and Hawaii, the execution of contracts for the contingent, stationery, etc., appropriations for the department; also for St. Elizabeth's Hospital, Freedmen's Hospital, and Howard University; and various miscellaneous matters over which the department has jurisdiction. He also considers proposed legislation pertaining to matters under his supervision. Duties in connection with the affairs of other bureaus are assigned to him from time to time. (d) Chief Clerk.-As the chief executive officer of the department and the administrative head of the divisions of the Office of the Secretary, the chief clerk has supervision over the clerks and other employees of the department: enforces the general regulations of the department. He also supervises the classification and compilation of all estimates of appropriations, and has general supervision of expenditures from appropriations for contingent expenses for the department, including stationery and postage on mail addressed to postal union countries. The detailed work relating to corporate sureties on bonds, St. Elizabeth's Hospital, and Freedmen's Hospital, Howard University, the territories of Alaska and Hawaii, the admission of attorneys and agents to practice and disbarments from practice, and miscellaneous matters is done in his office. During the temporary absence of the Secretary and the Assistant Secretaries, he may be designated by the Secretary to sign official papers and documents. (e) War Minerals Relief.-The War Minerals Relief Commissioner assists the Secretary of the Interior in the adjustment of claims filed under the War Minerals Relief Act for losses incurred in producing or preparing to produce manganese, chrome, pyrites, or tungsten during the war. (f) Solicitor. The solicitor is the chief law officer of the Interior Department, and when requested he advises the officials of that department upon questions of law arising in the administration of the department; all appeals from the various bureaus are sent to his office for consideration; oral arguments are heard by him in the more important cases, and decisions prepared under his supervision. Act March 2, 1919, § 5 (40 Stat. 1274 [Comp. St. Ann. Supp. 1919, § 311514/15е]). 277 |