employed by said office in the duty of improving the tables of the planets, moon, and stars, to be used in preparing for publication the annual volumes of the office. (37 Stat. 342.) These were provisions accompanying an appropriation for the Naval Observatory in the naval service appropriation act for the fiscal year 1913, cited above. A further proviso, following those set forth here, repealed R. S. § 435. (339) 665. Establishment of Department of the Interior. 666. Assistant Secretary of the Inte- 667. Duties of Assistant Secretary. 669. Clerks and employés. Indian Office; employment of such services only as specifically appropriated for, except temporary details of field employés. 671. Disbursing clerk for payment of pensions; appointment; salary. 672. Acting disbursing clerk for payment of pensions; designation of clerks to sign checks; bond of disbursing clerk. Sec. 672a. Board of appeals in office of So- 673. Financial clerk in Patent Office. 678. Authenticated copies to be attest- 679. Repeal of Act April 19, 1904, c. 1396; other provisions not repealed; fee for certificate of official character of officer of Department. 680. Disposition of receipts under act. § 665. (R. S. § 437.) Establishment of Department of the Interior. There shall be at the seat of Government an Executive Department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof. Act March 3, 1849, c. 108, § 1, 9 Stat. 395. A Council of National Defense, composed of the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor, was created by Act Aug. 29, 1916, c. 418, § 2, set forth post, under Title XVIIa, "The Council of National Defense and the Advisory Committee on Aeronautics." Notes of Decisions Act establishing Department.-The Department of the Interior was made one of the Executive Departments of the government by Act March 3, 1849, c. 108, 9 Stat. 395. U. S. v. Allison (1875) 91 U. S. 303, 304, 23 L. Ed. 372. Power of Secretary to disbar attorneys practicing before his department. -See (1880) 16 Op. Atty. Gen. 488, approving (1869) 13 Op. Atty. Gen. 150. Cited without definite application, Butterworth v. Hill (1885) 5 Sup. Ct. 796, 798, 114 U. S. 128, 29 L. Ed. 119. § 666. (R. S. § 438.) Assistant Secretary of the Interior. There shall be in the Department of the Interior an Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of [six thousand dollars] a year, to be paid. monthly. Act March 14, 1862, c. 41, § 6, 12 Stat. 369. Act March 3, 1873, c. 226, § 1, 17 Stat. 486. The salary of the Assistant Secretary, having been increased from $3,500 to $6,000 by the provision of Act March 3, 1873, c. 226, § 1, incorporated into this section of the Revised Statutes and cited above, was reduced to $3,500, and the words of this section inclosed in brackets, "six thousand dollars," were superseded by the repeal of so much of that act as increased the amount, by Act Jan. 20, 1874, c. 11, 18 Stat. 3. Subsequent appropriations were for $4,000. An additional Assistant Secretary, designated as First Assistant Secretary of the Interior, with a salary of $4,500, was provided for by Act March 3, 1885, c. 360, post, § 668. Recent appropriations for the Assistant Secretaries are: For First Assistant Secretary, $5,000; Assistant Secretary, $4,500. The provisions for the fiscal year 1917, were by Act May 10, 1916, c. 117, § 1, 39 Stat. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof is required, unless otherwise directed, to perform the duties of the head of such Department until a successor is appointed, or such absence or sickness shall cease, by R. S. § 177, set forth ante, § 259. In case of the death, resignation, absence, or sickness of the head of any Department, except where the Attorney General is concerned, the President may authorize and direct the head of any other Department or any officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease, by R. S. § 179, also set forth ante, § 261. 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. Cited without definite application, 646, modified 179 Fed. 74, 102 C. C. Turner v. Seep (C. C. 1909) 167 Fed. A. 368. § 667. (R. S. § 439.) Duties of Assistant Secretary. The Assistant Secretary of the Interior shall perform such duties. in the Department of the Interior as shall be prescribed by the Secretary, or may be required by law. Act March 14, 1862, c. 41, § 6, 12 Stat. 369. Notes of Decisions Duties which may be prescribed by the Secretary.-This section empowers the Secretary to make the Assistant Secretary his deputy in all things, and so long as a power so delegated is not revoked, the authority of the Assistant is co-ordinate and concurrent with that of the Secretary. Turner v. Seep (C. C. 1909) 167 Fed. 646, 650 (modified 1910) 179 Fed. 74, 102 C. C. A. 368); (1886) 18 Op. Atty. Gen. 432; (1888) 19 Op. Atty. Gen. 133. The Secretary may delegate to the Assistant Secretary authority to approve leases of Indian lands and assignments thereof. Turner v. Seep (C. C. 1909) 167 Fed. 646, 650, decree modified (1910) 179 Fed. 74, 102 C. C. A. 368. See, also, post, §§ 4217-4221, and notes thereunder. As to duties prescribed under this section to the Assistant Secretary, he has the full power of the Secretary himself; and the Secretary can lawfully devolve the authority conferred on him by R. S. § 3683, post, § 6784, to direct Signing instruments in exercise of powers prescribed.-When the Assistant Secretary acts at a time the Secretary is not absent or sick, under a regulation made by the Secretary prescribing his powers, he should sign with his own proper official designation. When the Secretary is absent or sick, etc., if the Assistant is in charge of the Department, in pursuance of R. S. § 177, or 179, ante, §§ 259, 261, he should sign as Acting Secretary. (1888) 19 Op. Atty. Gen. 133. § 668. (Act March 3, 1885, c. 360.) First Assistant Secretary of the Interior. For an additional Assistant Secretary of the Interior, who shall be known and designated as First Assistant Secretary of the Interior, four thousand five hundred dollars. (23 Stat. 497.) This was a provision of the sundry civil appropriation act for the fiscal year 1886, cited above. Current appropriations for the First Assistant Secretary are $5,000. See Act May 10, 1916, c. 117, § 1, 39 Stat. See notes to R. S. § 438, ante, § 666. § 669. (R. S. § 440, as amended, Act Feb. 15, 1916, c. 22, § 3.). Clerks and employés. There shall also be in the Department of the Interior: One chief clerk, at a salary of two thousand two hundred dollars a year. A superintendent of the building, to be designated from the fourthclass clerks, who shall be paid two hundred dollars a year additional. Three disbursing clerks. The Secretary may, if he deem it necessary and proper, pay two hundred dollars a year additional to any four clerks of the fourth class. Three messengers, at a salary of nine hundred dollars a year each. One engineer, at a salary of one thousand four hundred dollars a year. One captain of the watch, at one thousand two hundred dollars a year. Twenty-eight watchmen for the general service of the Department building and all the bureaus therein, to be allotted to day or night service, as the Secretary may direct. One chief clerk, at a salary of two thousand dollars a year. One principal clerk, on account of military bounty-lands, at a salary of two thousand dollars a year. One draughtsman, at a salary of one thousand six hundred dollars a year. One assistant draughtsman, at a salary of one thousand four hundred dollars a year. Two packers, at a salary of seven hundred and twenty dollars a year each. In the office of the Commissioner of Indian Affairs: One chief clerk, who shall be qualified to act as a principal examiner. One librarian, who shall be qualified to act as an assistant examiner. Five law examiners. One examiner of classification. One examiner of interferences. One examiner of trade-marks and designs. One first assistant examiner of trade-marks and designs. Forty-three principal examiners. Eighty-six first assistant examiners. Eighty-six third assistant examiners. Eighty-six fourth assistant examiners; and such other examiners and assistant examiners in the various grades as the Congress shall from time to time provide for. In the Office of Education: One chief clerk, at a salary of two thousand dollars a year. One statistician, at a salary of eighteen hundred dollars a year. One translator, at a salary of one thousand six hundred dollars a year. Act March 3, 1849, c. 108, 9 Stat. 395, 396. Act April 25, 1812, c. 68, 2 Stat. 716. Act July 4, 1836, c. 352, 5 Stat. 107, 111. Act March 3, 1853, c. 97, 10 Stat. 189, 209. Act March 2, 1867, c. 158, 14 Stat. 434. Act March 3, 1873, c. 226, § 1, 17 Stat. 502, 503, 504. Act July 8, 1870, c. 230, 16 Stat. 198. Act Feb. 15, 1916, c. 22, § 3, 39 Stat. 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 provide for officers and clerks and for salaries different from those fixed by the above section; and in addition to the changes made in this section by the appropriation acts, as above stated, it was also expressly amended by Act Feb. 15, 1916, c. 22, § 3. This amendment consisted in a change in the enumeration of the officers and employés in the Patent Office, so as to make the enumeration of such officers and employés read as set forth above. Prior to this amendment that part of this section which dealt with the officers and employés of the Patent office read as follows: "In the Patent Office: "One chief clerk, at a salary of two thousand five hundred dollars a year. "One examiner in charge of interferences, at a salary of two thousand five hundred dollars a year. "One examiner in charge of trade marks, at a salary of two thousand five hundred dollars a year. "Twenty-four principal examiners, at a salary of two thousand five hundred dollars a year each. "Twenty-four first assistant examiners, at a salary of one thousand eight hundred dollars a year each. "Twenty-four second assistant examiners, (two of whom may be women), at a salary of one thousand six hundred dollars a year each. "Twenty-four third assistant examiners, at a salary of one thousand four hundred dollars a year each. "One librarian, at a salary of two thousand dollars a year. "One machinist, at a salary of one thousand six hundred dollars a year. "Three skilled draughtsmen, at a salary of one thousand two hundred dollars a year each. "Thirty-five copyists of drawings, at a salary of one thousand dollars a year each. "One messenger and purchasing clerk, at a salary of one thousand dollars a year. "One skilled laborer, at a salary of one thousand and two hundred dollars a year. "Eight attendants in the model room, at a salary of nine hundred dollars a year each." The appropriations for the fiscal year 1917 were by Act May 10, 1916, c. 117. § 1, 39 Stat., and as to the officers and employés in the Patent Office con |