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act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

§ 497. (R. S. § 326.) Bond and oath of office of Comptroller of the Currency.

The Comptroller of the Currency shall, within fifteen days from the time of notice of his appointment, take and subscribe the oath of office; and he shall give to the United States a bond in the penalty of one hundred thousand dollars, with not less than two responsible sureties, to be approved by the Secretary of the Treasury, conditioned for the faithful discharge of the duties of his office.

Act June 3, 1864, c. 106, § 1, 13 Stat. 99.

§ 498. (R. S. § 327.) Deputy Comptroller of the Currency.

There shall be in the Bureau of the Comptroller of the Currency a Deputy Comptroller of the Currency, to be appointed by the Secretary, who shall be entitled to a salary of two thousand five hundred dollars a year, and who shall possess the power and perform the duties attached by law to the office of Comptroller during a vacancy in the office or during the absence or inability of the Comptroller. The Deputy Comptroller shall also take the oath of office prescribed by the Constitution and laws of the United States, and shall give a like bond in the penalty of fifty thousand dollars. Act June 3, 1864, c. 106, § 1, 13 Stat. 99.

The office of Deputy Comptroller of the Currency was continued, at a salary of $3,000, on the reorganization of the Department, by Act March 3, 1875, c. 130, § 2, ante, § 352. Subsequent appropriations varied from this amount. For the fiscal year 1910, there was appropriated for Deputy Comptroller, $3,500, and also for Deputy Comptroller, $3,000, with provisions relating to the appointment and the powers and duties of such additional Deputy Comptroller, by Act March 3, 1909, c. 297, § 1, post, § 499. Appropriations of the same amounts for the fiscal year 1917 were made by Act May 10, 1916, c. 117, § 1, 39 Stat.

See notes to § 496, ante.

Notes of Deputy comptroller acting as comptroller. A certificate issuing from the office of the comptroller of the currency, and under the seal of that office, given by the deputy comptroller as "acting" comptroller, held good. Keyser v. Hitz (1890) 10 Sup. Ct. 290, 293, 133 U. S. 138, 33 L. Ed. 531.

The deputy comptroller of the currency being authorized by law to act for the comptroller in certain contingencies, the courts will presume, in the absence of any showing to the contrary,

Decisions

that the deputy, in acting for the comptroller in any particular instance, has acted lawfully. Keyser v. Hitz (1890) 10 Sup. Ct. 293, 133 U. S. 138, 33 L. Ed. 531; Young v. Wempe (C. C. 1891) 46 Fed. 354.

The state courts take judicial notice of the acts of congress providing for the appointment of a deputy comptroller of the currency, and authorizing him to perform the duties of his principal. Davis' Estate v. Watkins (1898) 76 N. W. 575, 56 Neb. 288.

§ 499. (Act March 4, 1909, c. 297, § 1.) Additional Deputy Comptroller of the Currency.

Office of the Comptroller of the Currency: For Comptroller of the Currency, five thousand dollars; Deputy Comptroller, three thousand five hundred dollars; Deputy Comptroller, three thousand dollars, who shall be appointed by the Secretary of the Treasury, and shall possess the power and perform the duties attached by law to the office of Comptroller during a vacancy in the office of Comptroller and Deputy Comptroller or during the absence or inability of the Comptroller and the Deputy Comptroller, and said Assistant Deputy Comptroller shall give a like bond in the penalty of fifty thousand dollars. (35 Stat. 867.)

This was a provision of the legislative, executive, and judicial appropriation

act for the fiscal year 1910, cited above. The appropriations were repeated in
the similar acts for subsequent years.
See notes to R. S. § 327, ante, § 498.
See notes to § 496, ante.

Notes of Decisions

Previous provision for additional deputy comptroller. The provision in the appropriation act for the preceding year, Act May 22, 1908, c. 186, § 1, 35 Stat. 203, for a second deputy comptroller of the currency, gave no power to the Secretary of the Treasury under R. S. § 169, ante, § 248, to appoint a person to fill the office; no such authority being expressly granted in the act. The power to appoint such second deputy comptroller was lodged in the President. (1908) 26 Op. Atty. Gen. 627.

§ 500. (R. S. § 328.) Clerks.

The second deputy comptroller provided for by said Act May 22, 1908, had power to perform all the duties of the comptroller and first deputy comptroller of the currency in the absence or disability of those officers. Id.

The Secretary of the Treasury, upon the request of the comptroller of the currency and with the approval of the President, might require said second deputy comptroller to execute a voluntary bond in such penalty as might to him seem adequate to protect the public interests. Id.

The Comptroller of the Currency shall employ, from time to time, the necessary clerks, to be appointed and classified by the Secretary of the Treasury, to discharge such duties as the Comptroller shall direct.

Act June 3, 1864, c. 106, § 1, 13 Stat. 100.

Provisions as to the employment of clerks by the heads of Departments were made by R. S. § 169, and Act Aug. 5, 1882, c. 389, § 4, ante, §§ 248, 249.

Clerks in the office of the Comptroller of the Currency are provided for in the annual appropriation acts. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

A list of all officers, agents, clerks, and other employés of the office of the Comptroller of the Currency, and persons connected with the work of the office, was required to be furnished for the Official Register, by a provision of Act April 28, 1902, c. 594, § 1, post, § 7127.

See notes to § 496, ante.

§ 501. (R. S. § 329.) Interest in national banks.

It shall not be lawful for the Comptroller or the Deputy Comptroller of the Currency, either directly or indirectly, to be interested in any association issuing national currency under the laws of the United States.

Act June 3, 1864, c. 106, § 1, 13 Stat. 100.

§ 502. (R. S. § 330, as amended, Act Feb. 18, 1875, c. 80, § 1.) Seal of Comptroller of the Currency.

The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the Comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the Office of the Secretary of State.

Act June 3, 1864, c. 106, § 2, 13 Stat. 100. Act Feb. 18, 1875, c. 80, 18 Stat. 317.

This section, as enacted in the Revised Statutes, contained only the first sentence, providing for the continuance of the seal, and the renewal thereof. The last sentence, providing for the filing of a description of the seal, etc., in the Office of the Secretary of State, was added by Act Feb. 18, 1875, c. 80, last cited above.

§ 503. (R. S. § 331.) Rooms, vaults, furniture, etc., for Currency

Bureau.

There shall be assigned, from time to time, to the Comptroller of the Currency, by the Secretary of the Treasury, suitable rooms in the Treasury building for conducting the business of the Currency Bureau, containing safe and secure fire-proof vaults, in which the Comptroller shall deposit and safely keep all the plates not necessarily in the possession of engravers or printers, and other valuable

things belonging to his Department; and the Comptroller shall from time to time furnish the necessary furniture, stationery, fuel, lights, and other proper conveniences for the transaction of the business of his office.

Act June 3, 1864, c. 106, § 3, 13 Stat. 100.

§ 504. (R. S. § 332.) Banks in District of Columbia.

The Comptroller of the Currency, in addition to the powers conferred upon him by law for the examination of national banks, is further authorized, whenever he may deem it useful, to cause examination to be made into the condition of any bank in the District of Columbia organized under act of Congress. The Comptroller, at his discretion, may report to Congress the results of such examination. The expense necessarily incurred in any such examination shall be paid out of any appropriation made by Congress for special bank examinations.

Act Jan. 20, 1873, c. 43, 17 Stat. 412.

§ 505. (R. S. § 333, as amended, Act Feb. 18, 1875, c. 80, § 1.) Report of Comptroller.

The Comptroller of the Currency shall make an annual report to Congress, at the commencement of its session, exhibiting

First. A summary of the state and condition of every association from which reports have been received the preceding year, at the several dates to which such reports refer, with an abstract of the whole amount of banking capital returned by them, of the whole amount of their debts and liabilities, the amount of circulating notes outstanding, and the total amount of means and resources, specifying the amount of lawful money held by them at the times of their several returns, and such other information in relation to such associations as, in his judgment, may be useful.

Second. A statement of the associations whose business has been closed during the year, with the amount of their circulation redeemed and the amount outstanding.

Third. Any amendment to the laws relative to banking by which the system may be improved, and the security of the holders of its notes and other creditors may be increased.

Fourth. A statement exhibiting under appropriate heads the resources and liabilities and condition of the banks, banking companies, and savings-banks organized under the laws of the several States and Territories; such information to be obtained by the Comptroller from the reports made by such banks, banking companies, and savings-banks to the legislatures or officers of the different States and Territories, and, where such reports cannot be obtained, the deficiency to be supplied from such other authentic sources as may be available.

Fifth. The names and compensation of the clerks employed by him, and the whole amount of the expenses of the banking department during the year.

Act June 3, 1864, c. 106, § 61, 13 Stat. 117. Act Feb. 19, 1873, c. 166, § 1, 17 Stat. 466. Act Feb. 18, 1875, c. 80, 18 Stat. 317.

The amendment of this section by Act Feb. 18, 1875, c. 80, § 1, cited above, consisted in the insertion, after the word "Congress," near the beginning of the section, of the words, "at the commencement of its session."

The report of the Comptroller was to include the expenses of liquidation of failed national banks, by a provision of Act April 28, 1902, c. 594, § 1, post, $ 506.

Provisions applicable to all the Departments, as to the time for making annual reports, and for furnishing copies to the printer, are contained in R. S. §§ 195, 196, Act July 1, 1916, c. 209, § 3, ante, §§ 278, 279, 279a.

The printing and distribution of the report of the Comptroller of the Currency were provided for by the Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, par. 38, post, § 7084.

§ 506. (Act April 28, 1902, c. 594, § 1.) Report of expenses of liquidation of national banks.

The Comptroller of the Currency is hereby directed to include in his Annual Report to the Speaker of the House of Representatives, expenses incurred during each year, in liquidation of each failed national bank separately. (32 Stat. 138.)

This was a proviso annexed to an appropriation for the office of the Comptroller of the Currency in the legislative, executive, and judicial appropriation act for the fiscal year 1903, cited above.

CHAPTER TEN

The Bureau of Statistics

(R. S. §§ 334-342. Transferred.)

This chapter of the Revised Statutes included sections 334-342, relating to the Bureau of Statistics, as a Bureau of the Treasury Department. The Bureau was transferred to the Department of Commerce, and the duties, powers, etc., of the head of the Treasury Department in and over the Bureau were vested in the head of the Department of Commerce, by the act establishing that Department, Act Feb. 14, 1903, c. 552, §§ 4, 10, post, §§ 857, 859. These sections are therefore set forth post, §§ 877-880, 882, 884, 886-888.

Subsequent provisions for the consolidation of the Bureau with other bureaus, and relating to such consolidated bureau, are set forth post, under Title XII A, "The Department of Commerce."

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§ 507. (R. S. § 343.) Bureau of the Mint.

There shall be established in the Treasury Department a Bureau of the Mint, embracing in its organization and under its control all mints for the manufacture of coin, and all assay-offices for the stamping of bars, which are now, or which may be hereafter, authorized by law. The chief officer of the said Bureau shall be denominated the Director of the Mint, and shall be under the general direction of the Secretary of the Treasury. He shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold his office for the term of five years, unless sooner removed by the President, upon reasons to be communicated by him to the

Senate.

Act Feb. 12, 1873, c. 131, § 1, 17 Stat. 424.

Provisions relating to the various mints, assay-offices, etc., and to the coins and coinage, are contained in Title XXXVII, "Coinage."

§ 508. (R. S. § 344.) Salary and expenses of Director.

There shall be allowed to the Director of the Mint an annual salary of four thousand five hundred dollars, payable monthly, and actual necessary traveling expenses in visiting the different mints and assay-offices, for which vouchers shall be rendered.

Act Feb. 12, 1873, c. 131, § 12, 17 Stat. 426.

For the Director of the Mint the appropriation for the fiscal year 1917 was $5,000, by Act May 10, 1916, c. 117, § 1, 39 Stat.

All laws or parts of laws inconsistent with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts

are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such officers or employés, respectively, until otherwise fixed by an annual rate of appropriation or other law, by Act July 16, 1914, c. 141, § 6, post, 3228a.

The officers and employés of the United States whose salaries are appropriated for in the legislative, executive, and judicial appropriation act for the fiscal year 1916, Act March 4, 1915, c. 141, 38 Stat. 1049, are established and continued from year to year to the extent that they are appropriated for by Congress, by § 6 of said act, post, § 3228b.

Unless otherwise specially authorized by law, no money appropriated by any act shall be available for payment to any person receiving more than one salary, when the combined amount of said salaries exceeds $2,000 per annum, with certain enumerated exceptions, by Act May 10, 1916, c. 117, § 6, as amended by Act Aug. 29, 1916, c. 417, post, § 3230a.

§ 509. (R. S. § 345.) Powers of and reports by Director.

The Director of the Mint shall have the general supervision of all mints and assay-offices, and shall make an annual report to the Secretary of the Treasury of their operations, at the close of each fiscal year, and from time to time such additional reports, setting forth the operations and condition of such institutions, as the Secretary of the Treasury shall require, and shall lay before him the annual estimates for their support. And the Secretary of the Treasury shall appoint the number of clerks, classified according to law, necessary to discharge the duties of said Bureau.

Act Feb. 12, 1873, c. 131, § 2, 17 Stat. 424.

The printing and distribution of the reports of the Director of the Mint were provided for by the Public Printing and Binding Act of Jan. 12, 1895, c. 23, § 73, par. 37, post, § 7084.

A provision of Act June 20, 1874, c. 328, § 1, 18 Stat. 96, that all salaries under the Director of the Mint at Washington and at the various mints should be at the rates appropriated for in that act, was practically superseded by subsequent appropriations for officers, clerks, and employés, and rates of compensation different from those fixed by said act. The provisions for the office for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat.

Sec.

CHAPTER ELEVEN A

The Bureau of Engraving and Printing

This chapter, inserted here as additional to the original chapters of Title VII of the Revised Statutes, includes provisions relating to the Bureau of Engraving and Printing in the Treasury Department.

510. Powers of and reports by Director. 511. Leaves of absence to employés of Bureau.

512. Leaves of absence to compositors and pressmen in awards division of Bureau.

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§ 510. (Act June 4, 1897, c. 2, § 1.) Director.

Powers of and reports by

All the business of the Bureau of Engraving and Printing shall be under the immediate control of the director of said Bureau, subject to the direction of the Secretary of the Treasury, and the director of the said Bureau shall report to and be responsible directly to the Secretary of the Treasury. (30 Stat. 18.)

This was a proviso annexed to an appropriation for engravers, etc., materials, in the sundry civil appropriation act for the fiscal year 1898, cited above. The same proviso was contained in the similar appropriation for the preceding year.

Annual appropriations for the Bureau are made in the legislative, executive,

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