the natural and historic objects and the wild life therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (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with rates of salaries or compensation appropriated by the legislative, executive, and judicial appropriation acts are repealed, and the rates of salaries or compensation of officers or employés appropriated for in said acts are to constitute the rate of salary or compensation of such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, 1915, c. 417, post, § 3230a.

See note at the beginning of this chapter.

§ 787e. (Act Aug. 25, 1916, c. 408, § 2.) Supervision, management, and control by director of national parks, reservations and monuments; cooperation of Secretary of Agriculture in supervision, etc., of national monuments contiguous to national forests.

The director shall, under the direction of the Secretary of the Interior, have the supervision, management, and control of the several national parks and national monuments which are now under the jurisdiction of the Department of the Interior, and of the Hot Springs Reservation in the State of Arkansas, and of such other national parks and reservations of like character as may be hereafter created by Congress: Provided, That in the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate with said National Park Service to such extent as may be requested by the Secretary of the Interior. (39 Stat.)

See notes to § 787d, ante.

§ 787f. (Act Aug. 25, 1916, c. 408, § 3.) Rules and regulation for use and management of parks, monuments and reservations made and published by Secretary of Interior; violations of rules and regulations; punishment; sale and disposition of timber on parks, etc.; destruction of detrimental animal and plant life; grant of privileges, leases, and permits; grazing of live stock.

The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service, and any violations of any of the rules and regulations authorized by this Act shall be punished as provided for in section fifty of the Act entitled "An Act to codify and amend the penal laws of the United States," approved March fourth, nineteen hundred and nine, as amended by section six of the Act of June twenty-fifth, nineteen hundred and ten (Thirty-sixth United States Statutes at Large, page eight hundred and fifty-seven). He may also, upon terms and conditions to be fixed by him, sell or dispose of timber in those cases where in his judgment the cutting of such timber is required in order to control the attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for the destruction of such animals and of such plant

life as may be detrimental to the use of any of said parks, monuments, or reservations. He may also grant privileges, leases, and permits for the use of land for the accommodation of visitors in the various parks, monuments, or other reservations herein provided for, but for periods not exceeding twenty years; and no natural curiosities, wonders, or objects of interest shall be leased, rented, or granted to anyone on such terms as to interfere with free access to them by the public: Provided however, That the Secretary of the Interior may, under such rules and regulations and on such terms as he may prescribe, grant the privilege to graze live stock within any national park, monument, or reservation herein referred to when in his judgment such use is not detrimental to the primary purpose for which such park, monument, or reservation was created, except that this provision shall not apply to the Yellowstone National Park. (39 Stat.) See notes to § 787d, ante.

§ 787g. (Act Aug. 25, 1916, c. 408, § 4.) Rights of way through public lands, forest and other reservations, etc.

Nothing in this Act contained shall affect or modify the provisions of the Act approved February fifteenth, nineteen hundred and one, entitled "An Act relating to rights of way through certain parks, reservations, and other public lands." (39 Stat.)

The act referred to in this section is Act Feb. 15, 1901, c. 372, post, § 4946.
See notes to § 787d, ante.

(435)

TITLE XII

THE DEPARTMENT OF AGRICULTURE

This title, as enacted in the Revised Statutes, was not divided into chapters, and contained only ten sections. Subsequent provisions relating to the department, especially those establishing or affecting separate bureaus therein, are numerous and important. For convenience the sections of the Revised Statutes, with subsequent provisions relating to the department, its officers, clerks, employés, etc., generally, are placed in chapter A; and provisions applicable only to particular bureaus are grouped in the subsequent chapters under the titles of the Bureaus.

CHAPTER A

The Department and the Secretary of Agriculture

The Department, as established under the Revised Statutes, was not included among the Executive Departments, and was under charge of a Commissioner of Agriculture. It was made an Executive Department, under a Secretary of Agriculture, by Act Feb. 9, 1889, c. 122, post, §§ 789-792.

Sec.

813. Purchases for bureaus from appropriations for contingent expenses, reimbursable from lumpfund appropriations.

814. Exchange of typewriters and computing, etc., machines, purchased from lump-fund appropriations. 814a. Exchange of scientific apparatus and laboratory equipment purchased from any appropriation. 814b. Purchase, maintenance, etc., of passenger-carrying vehicles and motor boats from lump sum appropriations; limitation of amount and reports of expenditures.

814c. Exchange of books, etc., of library not needed.

814d. Sale or exchange of animals or animal products not needed.

815. Bonds. 816. Seal.

817. Custody of property, records, etc. 818. Duties of Secretary.

819. Secretary to perform duties of
former Commissioner of Agri-
culture.
820. Purchase and distribution of seeds,
plants, etc.
820a. Contracts for supplying printed
packets, etc., and packeting,
etc., and mailing seeds, bulbs,
etc.

821. Preservation, etc., of game birds
and other wild birds.

822. Regulation of importation of eggs
of game birds for propagation.
823. Execution of laws affecting lands
reserved for national forests.
824. Solicitor to supervise legal work
of Department.

825. Monthly crop reports.

826. Reports of number of acres of cotton in cultivation.

827. Reports of total cotton production.

828. Farmers' bulletins; allotment to Members of Congress for distribution.

829. Sale of copies of card index of publications of Department.

tions of Department files; obsolete or worthless documents or publications.

834. Powers and duties of watchmen of Department.

835. Annual and special reports of
Secretary.

836. Annual report of expenditures.
837. Additional detailed statement of
expenditure of appropriations.
837a. Statement of expenditure from
appropriations of amount paid
for quarters.

838. Report of persons employed, ex-
penditures, and means adopted
for suppression of contagious,
etc., diseases among domestic
animals.

838a. Detailed estimates for executive
officers, clerks, and employés
below the grade of clerk.
838b. Statement of completed investiga-
tions.

839. Report of payments for compensa-
tion or expenses to officers of
any State, etc., in carrying into
effect provisions of Pure Food
and Drugs Act.

839a. Statements of expenditures under acts relating to agricultural experiment stations and co-operative agricultural extension work between agricultural colleges.

§ 788. (R. S. § 520.) Establishment of the Department of Agriculture.

There shall be at the seat of Government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture, in the most general and comprehensive sense of that word, and to procure, propagate, and distribute among the people new and valuable seeds and plants.

Act May 15, 1862, c. 72, § 2, 12 Stat. 387.
Decisions

Notes of Reports as evidence.-In action for publication charging plaintiff with selling Miracle Wheat at $1 a pound, reports of United States Department of Agriculture as to such wheat, kept as required by this section and section 818,

post, receivable in evidence under Code Civ. Proc. N. Y. § 944, and section 789, post, for any proper purpose, held admissible. Russell v. Brooklyn Daily Eagle (1915) 153 N. Y. Supp. 450, 168 App. Div. 121.

(R. S. § 521. Superseded.)

This section provided that the Department should be under the charge of a Commissioner of Agriculture. It was superseded by the provisions for the appointment of a Secretary of Agriculture and an Assistant Secretary, of Act Feb. 9, 1889, c. 122, post, §§ 789-792.

Cited

without definite application, Reid v. Colorado (1902) 23 Sup. Ct. 92, 95, 187 U. S. 137, 47 L. Ed. 108.

§ 789. (Act Feb. 9, 1889, c. 122, § 1.)

Department to be an Execu

tive Department under Secretary of Agriculture.

The Department of Agriculture, shall be an Executive Department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate; and section one hundred and fifty-eight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said Department. (25 Stat. 659.)

This section and the three sections next following, were an act entitled "An act to enlarge the powers and duties of the Department of Agriculture and to create an Executive Department to be known as the Department of Agriculture."

R. S. § 158, ante, § 232, amended by this section, defined the Executive Departments, to which Title IV, relating to all the Executive Departments, should apply.

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 XVII A, "The Council of National Defense and the Advisory Committee on Aeronautics."

Notes of Reports as evidence.-In action for publication charging plaintiff with selling Miracle Wheat at $1 a pound, reports of United States Department of Agriculture as to such wheat, kept as required by section 788, ante, and section 818, post, receivable in evidence under Code Civ. Proc. N. Y. § 944, and

Decisions

this section, for any proper purpose, held admissible. Russell v. Brooklyn Daily Eagle (1915) 153 N. Y. Supp. 450, 168 App. Div. 121.

Cited without definite application, Reid v. Colorado (1902) 23 Sup. Ct. 92, 95, 187 U. S. 137, 47 L. Ed. 108.

§ 790. (Act Feb. 9, 1889, c. 122, § 2.) Assistant Secretary of Agri

culture.

There shall be in said Department an Assistant Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as may be required by law or prescribed by the Secretary. (25 Stat. 659.)

A provision that "the Assistant Secretary is hereby authorized to perform such duties in the conduct of the business of the Department of Agriculture as may be assigned by the Secretary of Agriculture" accompanied the appropriation for the Assistant Secretary in the agricultural appropriation act for the fiscal year 1907, Act June 30, 1906, c. 3913, 34 Stat. 670, and that for the year next following, but it was not repeated in subsequent similar acts.

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