ent and proper. Gen. 309. (1844) 4 Op. Atty. The Solicitor of the Treasury is an adviser recognized by law and his opinion may be asked by the Secretary of the Treasury upon any question of pure law or of mixed law and fact arising in the Treasury Department, except questions involving the construction of the Constitution of the United States. His opinions have, however, no binding force. (1893) 20 Op. Atty. Gen. 654. The Solicitor of the Treasury is empowered to examine and advise the Secretary of the Treasury in regard to proposed codes of rules or forms of applications, permits, bonds, etc., to be adopted by the Treasury Department as such matters come up for consideration. (1894) 20 Op. Atty. Gen. 738. Cited without definite application, U. S. v. Rosenthal (C. C. 1903) 121 Fed. 862, 867. § 522. (R. S. § 350.) What officers under control of AttorneyGeneral. The officers named in the preceding section shall exercise their functions under the supervision and control of the head of the Department of Justice. Act June 22, 1870, c. 150, § 3, 16 Stat. 162. Act Aug. 2, 1861, c. 37, § 1, 12 Stat. 285. Act Aug. 6, 1861, c. 65, 12 Stat. 327. The reference in this section to "the preceding section" is to R. S. § 349, ante, § 521. Further provisions as to the duties which the solicitors and officers of the Department may be required to perform, under direction of the Attorney-General, were contained in R. S. §§ 360, 361, 367, post, §§ 535, 536, 542. Special powers, functions, and duties of the Solicitor of the Treasury were prescribed in R. S. §§ 372-380, post, §§ 548-556. The Secretary of State was authorized to prescribe duties for the Solicitor, not interfering with his duties as an officer of the Department of Justice, by a proviso of Act June 20, 1874, c. 328, § 1, ante, § 289. § 523. (Act March 3, 1891, c. 541, § 1.) Solicitor for Department of State. Examiner of Claims, to be designated hereafter as solicitor for the Department of State. (26 Stat. 945.) This provision was included in the appropriation for compensation of this officer, in the legislative, executive, and judicial appropriation act for the fiscal year 1892, cited above. An assistant solicitor for the Department of State, to be appointed by the Secretary of State, was authorized by a provision of Act April 17, 1900, c. 192, § 1, 31 Stat. 97, repeated in the similar appropriations for each of the five years next following; and two assistant solicitors for that Department were authorized by a provision of Act June 22, 1906, c. 3514, § 1, ante, § 294, which was repeated in subsequent acts. See, also, ante, § 297. See notes to R. S. § 348, ante, § 517. § 523a. (Act July 16, 1914, c. 141, § 1.) Solicitor for Department of the Interior. * * Office of the Attorney General: Solicitor for the Department of the Interior, $5,000: Provided, That the title of Assistant Attorney General is hereby changed to that of Solicitor for the Department of the Interior, but this shall not affect the status of the present incumbent or require his reappointment. (38 Stat. 497.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above. See notes to R. S. §§ 347, 348, ante, §§ 516, 517. § 524. (Act March 18, 1904, c. 716, § 1.) Solicitor of Department of Commerce. For Solicitor of the Department of Commerce and Labor, to be appointed by the President, by and with the advice and consent of the Senate, four thousand five hundred dollars. (33 Stat. 135.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1905, cited above. It was repeated in the similar act for the fiscal year 1906. Similar appropriations by recent acts are, for the Solicitor, $5,000, and also for an Assistant Solicitor, $3,000. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. See notes to R. S. §§ 347, 348, ante, §§ 516, 517. § 525. (Act March 4, 1913, c. 141, § 7.) Solicitor for Department of Labor. There shall be a solicitor of the Department of Justice for the Department of Labor, whose salary shall be five thousand dollars per annum. (37 Stat. 738.) This section was part of the "Act to create a Department of Labor," cited above. Other sections of the act are set forth under Title XII B, "The Department of Labor," post, §§ 932-936, 940-942. See notes to R. S. §§ 347, 348, ante, §§ 516, 517. * * § 525a. (Act July 16, 1914, c. 141, § 1.) Attorneys; one in charge of condemnation proceedings in District of Columbia. Office of the Attorney General: Four attorneys, at $5,000 each, one of whom shall have charge of all condemnation proceedings in the District of Columbia and supervise the examination of titles and matters arising from such condemnation proceedings in which the United States shall be a party or have an interest, and no special attorney or counsel, or services of persons other than of those provided for herein, shall be employed for such purposes. (38 Stat. 497.) This was a provision in the legislative, executive, and judicial appropriation act for the fiscal year 1915, cited above. It was repeated in the subsequent appropriation acts. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. See notes to § 516, ante. § 526. (R. S. § 351.) Subordinate officers. There shall be in the Department of Justice, One chief clerk, at a salary of two thousand two hundred dollars a year. One law clerk, acting as examiner of titles, at a salary of three thousand dollars a year. One stenographic clerk, at a salary of two thousand dollars a year. One clerk, at a salary of two thousand dollars a year. In the office of the Solicitor of the Treasury: One chief clerk, at a salary of two thousand dollars a year, and such temporary clerks as may from time to time be needed, but the allowances for such temporary clerks shall in no one year exceed one thousand dollars. Act March 3, 1853, c. 97, § 3, 10 Stat. 211. Act March 3, 1865, c. 98, § 2, 13 Stat. 516. Act July 23, 1866, c. 208, § 5, 14 Stat. 207. Act June 22, 1870, c. 150, § 10, 16 Stat. 163. Act June 25, 1868, c. 71, § 5, 15 Stat. 75. Act June 22, 1870, c. 150, § 3, 16 Stat. 162. This section enumerated the subordinate officers in the Department and their salaries at the time of the compilation of the Revised Statutes, as authorized by the then existing statutes, cited above. But the officers, clerks, and others actually appointed or employed, and their respective salaries and other compensation, depend on the specific provisions made in the annual appropriation acts, each providing for the fiscal year next following; the employment or payment of others being forbidden by Act Aug. 5, 1882, c. 389, § 4, ante, § 249. Subsequent appropriation acts provided for officers and clerks and for salaries different from those fixed by the above section. The appropriations for recent years include those for the offices of the Solicitor of the Treasury and the Solicitor of the Department of Commerce. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. Appropriations for subordinate officers, etc., in the offices of the Solicitor of the Department of State, the Assistant Attorney-General for the Post-Office Department, and the Assistant Attorney-General for the Interior Department, are made in connection with the appropriations for those Departments, respectively, in the annual legislative, executive, and judicial appropriation acts. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. A provision in the appropriations for the Department of Justice for the fiscal year 1898, Act Feb. 19, 1897, c. 265, § 1, for a "stenographic clerk," $1, 800, was amended to read "private secretary to the Attorney-General," $2,400, by a provision of Act July 19, 1897, c. 9, § 1, 30 Stat. 129. Subsequent appropriations continued the provision for such an officer, in recent years as "private secretary and assistant to the Attorney-General," at a salary of $3.000. The provision for the fiscal year 1917 was by Act May 10, 1916, c. 117, § 1, 39 Stat. See notes to § 516, ante. § 527. (R. S. § 352.) Rooms to be provided. The superintendent of the Treasury building shall from time to time provide such rooms as may be suitable and necessary for the accommodation of the Department of Justice, in some building in the vicinity of the Treasury building. Act June 22, 1870, c. 150, § 13, 16 Stat. 164. This section was practically superseded by appropriations, subsequent to Act June 22, 1870, c. 150, § 13, which was incorporated into this section for rent of a building for the Department. See Act March 3, 1871, c. 113, § 1, 16 Stat. 494, and similar subsequent acts. § 528. (R. S. § 353.) Seal. The seal heretofore provided for the office of the Attorney-General shall be, with such change as the President shall approve, the seal of the Department of Justice. Act March 5, 1872, c. 30, § 2, 17 Stat. 35. The seal adopted for the office of Solicitor of the Treasury remains in his charge, under R. S. § 372, post, § 548. § 529. (R. S. § 354, as amended, Act Feb. 27, 1877, c. 69, § 1.) Duties of Attorney-General. The Attorney-General shall give his advice and opinion upon questions of law, whenever required by the President. Act Sept. 24, 1789, c. 20, § 35, 1 Stat. 92. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241. The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, cited above, consisted in the insertion, after the word "questions," of the word "of." Notes of Decisions Power of President to call for opinion. The President's right to call for an opinion from the Attorney General is not limited to questions of law. Article 2, § 2, cl. 1, of the Constitution provides that he "may require the opinion of the principal officer of each of the Executive Departments upon any subject relating to the duties of their respective offices." (1901) 23 Op. Atty. Gen. 360. Conclusiveness of opinion.—If a question is presented to the Attorney General in accordance with law by the President, and the Attorney General is of opinion that the nature of the question is general and important in other directions than disbursement, and therefore conceives that it is proper for him to deliver his opinion, the opinion is final and authoritative under the law, and should be so treated by the accounting officers, even if the question involves a payment to be made. (1904) 25 Op. Atty. Gen. 304. President acting through Attorney General. A telegram, signed with the surname of the Attorney General, purporting to state the decision of the President on an application by a convicted prisoner for a commutation of sentence, is sufficient notice of the President's action, which, as the court will take judicial notice, may properly be taken in such matters through the Department of Justice. Perovich v. Perry (1909) 167 Fed. 789, 93 C. C. A. 209. (R. S. § 355. Transferred to Title XLIII A.) This section prohibited expenditure of public money on any site or land purchased by the United States for purposes of erecting any of certain specified buildings or structures or any other public building, until the written opinion of the Attorney-General should be had in favor of the validity of the title, and contained further provisions relating to titles to such lands. It is placed, with other provisions relating to the subject, under Title XLIII A, “Public Buildings and Works," post, § 6902. § 530. (R. S. § 356.) Opinion of Attorney-General upon questions of law. The head of any Executive Department may require the opinion of the Attorney-General on any questions of law arising in the administration of his Department. Act June 22, 1870, c. 150, § 6, 16 Stat. 163. 1. In general. 2. Guidance of department. Notes of Decisions 15. Conclusiveness of opinion. 1. In general.-The Attorney General is not authorized to give an official opinion in any case except on the call of the President or some one of the heads of Departments. (1818) 1 Op. Atty. Gen. 211, 253; (1884) 18 Op. Atty. Gen. 59; (1893) 20 Op. Atty. Gen. 608. The Attorney General cannot properly attempt to frame a definition of statutory language to cover all future cases. (1893) 20 Op. Atty. Gen. 640; (1894) 21 Op. Atty. Gen. 106, 109. The Attorney General must give his opinion on questions referred to him by the heads of the Departments, touching matters concerning the department, not on questions in which the United States have no interest. (1830) 2 Op. Atty. Gen. 311. He is not required to give opinions, except in cases that fall within the scope of his duties as marked out by law. (1832) 2 Op. Atty. Gen. 531. He has no authority to settle questions of fact, nor to give advice on questions of law, except for the assistance of the officer calling for his opinion on points stated. He takes the facts as they are stated to him, and predicates his opinion thereon. (1838) 3 Op. Atty. Gen. 309. The executive holds no such relation to the judicial department of the government as would render it proper for the Attorney General to request a United States District Judge to furnish him with an explanation of his judicial action in a case of which he had lawful jurisdiction. (1863) 10 Op. Atty. Gen. 501. The Assistant Attorney General attached to the Interior Department having prepared an opinion upon a case, the approval or disapproval of the opinion by the Attorney General would in effect be giving his official opinion where it is not called for by the President or by the head of a department, and, there fore, where it is not authorized by law to be given. (1872) 14 Op. Atty. Gen. 21. This section limits the functions of the Attorney General in the matter of opinions requested by the heads of departments, to questions arising out of the law as it is, and does not require him to give his views and opinions upon the advisability of making changes, by treaty, in any department of jurisprudence. (1890) 19 Op. Atty. Gen. 598. The Attorney General declines to authorize an investigation to be made in order that an official opinion may thereafter be rendered by him based on the result of such investigation. (1893) 20 Op. Atty. Gen. 640. An expression in an opinion of the Attorney General which is merely obiter does not have the force and effect of an official opinion. (1894) 21 Op. Atty. Gen. 25. A question regarding the construction of Act Jan. 12, 1895, § 96 (28 Stat. 624), is a general question, applicable to all the departments, and is of sufficient importance to warrant its submission to the Attorney General for his opinion thereon. (1895) 21 Op. Atty. Gen. 181. The Department of Justice can do nothing to restrict the exportation of arms and warlike material to China during the present insurrectionary movements in that country. (1902) 24 Op. Atty. Gen. 26. 2. Guidance of department.-The head of a department cannot require the Attorney General's opinion as to his powers to do an act unless it is his intention to be guided thereby. (1836) 3 Op. Atty. Gen. 39; (1893) 20 Op. Atty. Gen. 609, 648; (1894) 20 Op. Atty. Gen. 724, 728; (1895) 21 Op. Atty. Gen. 174. 3. Advice as to civil actions or criminal prosecutions.-The question of the expediency of continuing or dismissing an appeal in the Supreme Court, on a suit involving alleged trespass upon or title of the public lands, belongs to the competency of the Secretary of the Interior, not of the Attorney General. (1855) 7 Op. Atty. Gen. 550. The Attorney General cannot with propriety give an official opinion to the head of a department upon the question whether it is expedient for him to prosecute an appeal in a matter of public interest pending before another department. (1876) 15 Op. Atty. Gen. 574. The Attorney General cannot properly be asked for advice as to whether or not a prosecution should be instituted. (1893) 20 Op. Atty. Gen. 673; (1894) 20 Op. Atty. Gen. 702, 714; (1895) 21 Op. Atty. Gen. 133; (1897) 21 Op. Atty. Gen. 509. The Attorney General will not give an official opinion upon the question whether certain plates and cuts used for making sketches and pictures of foreign postage stamps come within Act May 16, 1884, and that the Act of February 10, 1891 (except section 4), prohibiting counterfeiting, because they relate only to criminal proceedings. (1895) 21 Op. Atty. Gen. 133. 4. Mode of submission, stating facts and propositions of law.-Where a question of law arises upon facts submitted to the Attorney General, such facts must be agreed and stated as facts established. (1867) 12 Op. Atty. Gen. 206. Where different statements of facts appear in any case that has been submitted by the head of a department to the Attorney General, the latter will not undertake to reconcile the differences between them, but in giving an opinion upon the questions presented will consider only such facts as are set forth or admitted by the head of the department. (1872) 14 Op. Atty. Gen. 45. Where the question presented was very indefinite and vague, and partook of a speculative character, it was deemed inadvisable by the Attorney General to give his official opinion thereon. (1873) 14 Op. Atty. Gen. 191. Where an official opinion from the Attorney General is desired on questions of law arising on any case, the request should be accompanied with a statement of the material facts of the case, and also the precise questions on which advice is wanted. (1874) 14 Op. Atty. Gen. 367. In order that the Attorney General may advise the Treasury Department, as contemplated in Act March 3, 1875, c. 136, all the facts upon which the question turns should be stated and presented for his consideration. (1878) 16 Op. Atty. Gen. 94. The Attorney General cannot investigate the papers and records for the purpose of ascertaining the facts upon which the question arises. (1881) 17 Op. Atty. Gen. 172; (1888) 19 Op. Atty. Gen. 115; (1891) 20 Op. Atty. Gen. 270; (1893) 20 Op. Atty. Gen. 640; (1894) 20 Op. Atty. Gen. 742; (1898) 22 Op. Atty. Gen. 156; (1899) 22 Op. Atty. Gen. 342; (1899) 22 Op. Atty. Gen. 498; (1910) 28 Op. Atty. Gen. 218. A request for an opinion of the Attorney General on questions of law aris ing in any case should be accompanied by a statement of the facts of the case as well as of the questions on which advice is desired. The Attorney General declines to settle the facts ex parte from papers submitted and then proceed to give an opinion thereon. Op. Atty. Gen. 487. (1886) 18 The Attorney General declines to express an opinion in a matter where no statement of facts and no question of law is submitted, but where numerous papers are referred with a request for an opinion in view of all the facts presented. (1886) 19 Op. Atty. Gen. 396. The Attorney General is unable to express an opinion upon the question as to whether the Indian agent at the La Pointe Agency, Wis., acting under instructions from the Indian Office or Department of the Interior, can dispose of and give valid title to pine timber cut on the Fond du Lac Reservation, Minn., the request therefor being unaccompanied by a statement of the facts involved. (1885) 19 Op. Atty. Gen. 465. The Department of Justice has uniformly declined to find the facts involved in a request for an opinion. At least this has been the rule ever since the year 1820. The facts must be stated by the Department asking for the opinion. (See 1 Op. Atty. Gen. 346; 3 Op. Atty. Gen. 309; 5 Op. Atty. Gen. 626; 10 Op. Atty. Gen. 267; 12 Op. Atty. Gen. 206.) (1889) 19 Op. Atty. Gen. 465, 466. The Attorney General declines to express an opinion upon a question which requires him to look into the evidence and form a conclusion as to the facts involved. (See 7 Op. Atty. Gen. 494; 14 Op. Atty. Gen. 367, 368, 541; 10 Op. Atty. Gen. 267; 11 Op. Atty. Gen. 189; 18 Op. Atty. Gen. 487, 489.) (1890) 19 Op. Atty. Gen. 672. The Attorney General must confine himself to the case stated for an opinion and is not authorized to look into the evidence. (1890) 19 Op. Atty. Gen. 684. It is not within the province of the Attorney General to make a finding of facts in a case submitted for his opinion upon questions of law arising thereon. The facts of the case should be ascertained and presented by the officer requesting the opinion. (1890) 19 Op. Atty. Gen. 696. The Attorney General declines to give an opinion where the request therefor contains no statement of facts and presents no question of law. (1891) 20 Op. Atty. Gen. 220. When an opinion is desired by the head of a department, a statement of the facts upon which the question arises must be submitted. (1891) 20 Op. Atty. Gen. 270. It is an unvarying practice of the Attorney General before rendering an opinion to require a succinct statement of the facts and of the question of law arising thereon upon which an opinion is desired. (1892) 20 Op. Atty. Gen. 493. The Attorney General is not permitted to render an opinion unless the facts upon which the question arises are succinctly stated. (1893) 20 Op. Atty. Gen. 526. The Attorney General cannot give an official opinion, except upon a question |