§ 814d. (Act March 4, 1915, c. 144.) Sale or exchange of animals or animal products not needed. Hereafter the Secretary of Agriculture is authorized to sell in the open market or to exchange for other live stock such animals or animal products as cease to be needed in the work of the department, and all moneys received from the sale of such animals or animal products or as a bonus in the exchange of the same shall be deposited in the Treasury of the United States as miscellaneous receipts. (38 Stat. 1144.) This was a provision of the agricultural appropriation act for the fiscal year 1916, cited above. § 815. (R. S. § 524.) Bonds. The Commissioner, and the chief clerk, before entering upon their duties, shall severally give bonds to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, conditioned to render a true and faithful account to the. Treasurer quarter-yearly of all moneys which shall be by them received by virtue of their office, with sureties to be approved by the Solicitor of the Treasury. Such bonds. shall be filed in the office of the First Comptroller of the Treasury, to be by him put in suit upon any breach of the conditions thereof. Act May 15, 1862, c. 72, § 4, 12 Stat. 388. The requirement of this section that the commissioner should give bond, and a further provision that the bond should be in the penal sum of $25,000, made by Act March 3, 1887, c. 351, § 2, 24 Stat. 499, were superseded by the change of the Department into an executive department, under a Secretary of Agriculture, with an Assistant Secretary, by Act Feb. 9, 1889, c. 122, ante, $$ 789-792. The designation of First Comptroller of the Treasury was changed to Comptroller of the Treasury by Act July 31, 1894, c. 174, § 4, ante, § 402. § 816. (Act Aug. 8, 1894, c. 238, § 1.) Seal. The Secretary of Agriculture is hereby authorized and directed to procure a proper seal, with such suitable inscriptions and devices. as he may approve, to be known as the official seal of the Department of Agriculture, and to be kept and used to verify official documents, under such rules and regulations as he may prescribe. (28 Stat. 272.) This was a provision of the agricultural appropriation act for the fiscal year 1895, cited above. § 817. (R. S. § 525.) Custody of property, records, etc. The Commissioner of Agriculture shall have charge, in the building and premises appropriated to the Department, of the library, furniture, fixtures, records, and other property appertaining to it, or hereafter acquired for use in its business. Act May 15, 1862, c. 72, § 3, 12 Stat. 387. Res. Dec. 15, 1868, No. 1, 15 Stat. 343. The duties of the Commissioner were to be performed by the Secretary of Agriculture, by a provision of Act July 14, 1890, c. 707, post, § 819. § 818. (R. S. § 526.) Duties of Secretary. The Commissioner of Agriculture shall procure and preserve all information concerning agriculture which he can obtain by means of books and correspondence, and by practical and scientific experiments, accurate records of which experiments shall be kept in his Office. by the collection of statistics, and by any other appropriate means within his power; he shall collect new and valuable seeds and plants; shall test, by cultivation, the value of such of them as may require such tests; shall propagate such as may be worthy of propagation; and shall distribute them among agriculturists. Act May 15, 1862, c. 72, § 3, 12 Stat. 387. The office of Secretary of Agriculture was established by Act Feb. 9, 1889, c. 122, ante, §§ 789-792, and the Secretary was authorized and directed to perform all the duties named in acts of Congress in force on Feb. 8, 1889, to be performed by the Commissioner of Agriculture, by provisions of Act July 14, 1890, c. 707, post, § 819. Further provisions as to the duties of the Secretary are set forth post, §§ 819-823. In connection with an appropriation for completion of the work of the United States Entomological Commission under the Department of the Interior in the special investigation of the Rocky Mountain locust or grasshopper and the cotton worm, in Act June 16, 1880, c. 235, § 1, 21 Stat. 276, a proviso thereto required that after the close of the next fiscal year all work of the character provided for should be exclusively under control of the Agricultural Department. The Secretary was directed to test for adulterations samples of seeds of grass, clover, or alfalfa, obtained in the open market, by a provision of Act April 28, 1904, c. 1486, post, § 8741. The Secretary was authorized to establish an official standard of classification for the different grades of cotton, by a provision of Act May 23, 1908, c. 192, post, § 829. The Secretary was authorized to establish and maintain laboratories for examining samples, etc., of seed or grain and to report upon them, such reports to serve as a basis for fixing grades and for the issuance of certificates of inspection, by a further provision of Act May 23, 1908, c. 192, post, § 830. The Secretary of the Treasury, the Secretary of Agriculture, and the Secretary of Commerce and Labor, were directed to make regulations for carrying out the provisions of the Pure Food and Drugs Act of June 30, 1906, c. 3915, by section 3 of that act, and also for carrying out the provisions of the Insecticide Act of April 26, 1910, c. 191, by section 3 of said act, both which are set forth post, §§ 8719, 8767. Further provisions for the enforcement, by the Secretary of the Treasury and the Secretary of Agriculture, of the provisions of the pure food act and of the insecticide act as to imported articles were contained in section 11 of each of said acts, also set forth post, §§ 8727, 8775. Provisions for the regulation of the exportation and transportation of live stock and the suppression of diseases among such stock, by the Secretary of Agriculture, were contained in Act Feb. 2, 1903, c. 349, set forth post, $S 8698-8700. The Secretary of Agriculture was authorized to cause to be made, by inspectors appointed for the purpose, the inspection of cattle, etc., carcasses, etc., thereof, and meat and meat food products, provided for by Act March 4, 1907, c. 2907, and to make regulations for the execution of that act, by various provisions of said Act March 4, 1907, c. 2907, relating to such inspections, etc., set forth post, §§ 8681, 8707. The Secretary of Agriculture was charged with the proper administration of Act March 16, 1906, c. 951, providing for an increased annual appropriation for agricultural experiment stations, by section 4 of that act, and specific requirements in regard thereto are contained in that and other sections of said Act March 16, 1906, c. 951, set forth post, §§ 8891-8896. The Secretary of Agriculture was made one of the members of the National Forest Reservation Commission, and various powers and duties are imposed on him in regard to the acquisition, etc., of lands necessary for regulation of flow of navigable streams, by Act March 1, 1911, c. 186, §§ 4-11, set forth post, under Title XXXII A, "The National Forests," post, §§ 5177-5184. The Secretary of Agriculture was authorized to prescribe such regulations as may be required for determining the purity of breeding and the identity of animals imported for breeding purposes, to be admitted free of duty, under the Free List of the Underwood Tariff Act of Oct. 3, 1913, c. 16, § I, par. 397, post, 5291. The Secretary of the Treasury, the Secretary of Agriculture, and the Comptroller of the Currency were constituted "The Reserve Bank Organization Committee," and the duties and powers of said committee were defined, by the Federal Reserve Act of Dec. 23, 1913, c. 6, § 2, post, § 9786. Provisions for investigation by the Secretary of the cost of food supplies, contained in the agricultural appropriation act for the fiscal year 1911, Act May 26, 1910, c. 256, 36 Stat. 440, and for the continuance of such investigations, in the similar acts for subsequent years, and further provisions for investigation by him of systems of marketing farm products and the making of recommendations to Congress thereon, etc., contained in Act Aug. 10, 1912, c. 284, 37 Stat. 295, being temporary merely, are omitted. Notes of Reports as evidence.-In action for publication charging plaintiff with selling Miracle Wheat at $1 a pound, ré Decisions ports of United States Department of Agriculture as to such wheat, kept as required by this section, and section 788, ante, receivable in evidence under Code Civ. Proc. N. Y. § 944, and section 789, ante, for any proper purpose, held admissible. Russell v. Brooklyn Daily Eagle (1915) 153 N. Y. Supp. 450, 168 App. Div. 121. § 819. (Act July 14, 1890, c. 707.) Secretary to perform duties of former Commissioner of Agriculture. The authority granted to the Commissioner of Agriculture by the act of May twenty-nine, eighteen hundred and eighty-four, establishing the Bureau of Animal Industry, and by the provisions of the appropriation act for the Agricultural Department, approved July eighteenth, eighteen hundred and eighty-eight, relating to said Bureau, is hereby vested in the Secretary of Agriculture; and the said Secretary is hereby authorized and directed to perform all the duties named in said acts and all other acts of Congress in force on February eighth, eighteen hundred and eighty-nine, to be performed by the Commissioner of Agriculture. (26 Stat. 288.) These were provisions of the agricultural appropriation act for the fiscal year 1891, cited above. Sections 1 and 11 of Act May 29, 1884, c. 60, establishing the Bureau of Animal Industry, referred to in this provision, are set forth, post, §§ 850, 838; sections 2-9, relating to the exportation and transportation of live stock to foreign countries and between different States, etc., and to the suppression of diseases of live stock, are set forth post, §§ 8690-8697. The authority granted by the agricultural appropriation act of 1888, Act July 18, 1888, c. 677, 25 Stat. 333, referred to in this provision, was limited to the use of the sum therein appropriated. It was substantially repeated, but amplified, though not made permanent, by subsequent appropriation acts. Said provisions of the act of July 18, 1888, were as follows: "Salaries and expenses Bureau of Animal Industry: For carrying out the provisions of the act of May twenty-ninth, eighteen hundred and eighty-four, establishing the Bureau of Animal Industry, five hundred thousand dollars; and the Commissioner of Agriculture is hereby authorized to use any part of this sum he may deem necessary or expedient, and in such manner as he may think best, to prevent the spread of pleuro-pneumonia, and for this purpose to employ as many persons as he may deem necessary, and to expend any part of this sum in the purchase and destruction of diseased or exposed animals and the quarantine of the same whenever in his judgment it is essential to prevent the spread of pleuro-pneumonia from one State into another." Cited without definite application, U. S. v. Haas (D. C. 1906) 167 Fed. § 820. (R. S. § 527, as amended, Act April 25, 1896, c. 140, § 1.) Purchase and distribution of seeds, plants, etc. Purchase and distribution of vegetable, field, and flower seeds, plants, shrubs, vines, bulbs and cuttings shall be of the freshest and best obtainable varieties and adapted to general cultivation. Act June 25, 1864, c. 147, § 1, 13 Stat. 145, 155. Act March 2, 1865, c. 73, § 1, 13 Stat. 445, 455. Act July 23, 1866, c. 208, § 1, 14 Stat. 191, 201. Act March 2, 1867, c. 166, § 1, 14 Stat. 440, 452. Act April 25, 1896, c. 140, § 1, 29 Stat. 106. This section, as enacted in the Revised Statutes, was as follows: "The purchase and distribution of seeds by the Department of Agriculture shall be confined to such seeds as are rare and uncommon to the country, or such as can be made more profitable by frequent changes from one part of our own country to another; and the purchase or propagation and distribution of trees, plants, shrubs, vines, and cuttings, shall be confined to such as are adapted to general cultivation and to promote the general interests of horticulture and agriculture throughout the United States." It was amended by Act April 25, 1896, c. 140, § 1, cited above, to read as set forth here. Appropriations are made annually, in the agricultural appropriation acts, for the purchase, etc., and distribution by the Secretary of Agriculture of valuable seeds, bulbs, etc., and plants, with provisions for allotment of an equal proportion of five-sixths thereof to Senators, Representatives, and Delegates in Congress for distribution among their constituents, the provisions of the successive acts varying in details from year to year. Such provisions for the fiscal year 1917 were by Act Aug. 11, 1916, c. 313, 39 Stat., and were as follows: "An equal proportion of five-sixths of all seeds, bulbs, shrubs, vines, cuttings, and plants, shall, upon their request, after due notification by the Secretary of Agriculture that the allotment to their respective districts is ready for distribution, be supplied to Senators, Representatives, and Delegates in Congress for distribution among their constituents, or mailed by the department upon the receipt of their addressed franks, in packages of such weight as the Secretary of Agriculture and the Postmaster General may jointly determine: Provided, however, That upon each envelope or wrapper containing packages of seeds the contents thereof shall be plainly indicated, and the Secretary shall not distribute to any Senator, Representative, or Delegate seeds entirely unfit for the climate and locality he represents, but shall distribute the same so that each Member may have seeds of equal value, as near as may be, and the best adapted to the locality he represents: Provided, also, That the seeds allotted to Senators and Representatives for distribution in the districts embraced within the twenty-fifth and thirty-fourth parallels of latitude shall be ready for delivery not later than the tenth day of January: Provided, also, That any portion of the allotments to Senators, Representatives, and Delegates in Congress remaining uncalled for on the first day of April shall be distributed by the Secretary of Agriculture, giving preference to those persons whose names and addresses have been furnished by Senators and Representatives in Congress and who have not before during the same season been supplied by the department: And provided, also, That the Secretary shall report, as provided in this Act, the place, quantity, and price of seeds purchased, and the date of purchase; but nothing in this paragraph shall be construed to prevent the Secretary of Agriculture from sending seeds to those who apply for the same." Provisions for transmission of seeds, etc., distributed by members of Congress, through the mails, free of charge, contained in Act March 3, 1875, c. 128, § 7, are set forth post, § 7380. Provisions for the printing annually by the Public Printer of franks required for sending out seeds on Congressional orders were contained in Res. May 19, 1902, No. 23, post, § 6994. Appropriations are also made annually, in the sundry civil appropriation acts, for the printing and distribution of farmers' bulletins, adapted to the interests of the people of the different sections of the country, with provisions for allotment of four-fifths thereof to members of Congress for distribution. Further provisions relating thereto, contained in Act June 30, 1906, c. 3913, are set forth post, § 828. The appropriation for the fiscal year 1917 was by Act July 1, 1916, c. 209, § 1, 39 Stat. Notes of Decisions Authority of Secretary of Agriculture. The Secretary is authorized to make the purchases of seeds referred to conformably to R. S. § 3709, post, § 6832, reserving the right to reject any and all bids. (1895) 21 Op. Atty. Gen. 162. Construction of prior acts and resolutions. The act making appropriations for the purchase of seeds for the Department of Agriculture for the fiscal year 1895 does not authorize the purchase of any others than those described in this section. (1894) 21 Op. Atty. Gen. 55. The seeds purchasable out of the appropriation made in Act March 2, 1895 (28 Stat. 733), for the purchase, propagation, and distribution of seeds, etc., are limited to those described in this section, and must be such as are adapted to general cultivation and to promote the general interests of horticulture and agriculture throughout the United States. (1895) 21 Op. Atty. Gen. 162. Joint resolution No. 27 of March 3, 1896 (29 Stat. 467), authorizes and directs the Secretary of Agriculture to purchase and distribute seeds for the year 1896 in accordance with the practice followed by the Department prior to the year 1895. (1896) 21 Op. Atty. Gen. 321. If the practice has been varied from year to year, the Secretary is to exercise his discretion, but it will be a discretion of choice, and not a discretion to do or leave undone. Id. The last part of the resolution authorizes and directs the purchase of seeds for the year 1896 in open market at the discretion of the Secretary, without resorting to advertisement for Id. bids. The act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1897 (29 Stat. 99, 106), authorizes the Department to pay $130,000 for seed already put up in packages and labeled, ready for distribution. (1896) 21 Op. Atty. Gen. 372. § 820a. (Act Aug. 11, 1916, c. 313.) ed packets, etc., and packeting, etc. Contracts for supplying printetc., and mailing seeds, bulbs, The Secretary of Agriculture, after due advertisement and on competitive bids, is authorized to award the contract for the supplying of printed packets and envelopes and the packeting, assem bling, and mailing of the seeds, bulbs, shrubs, vines, cuttings, and plants, or any part thereof, for a period of not more than five years nor less than one year, if by such action he can best protect the interests of the United States. (39 Stat.) This was a provision of the agricultural appropriation act for the fiscal year 1917, cited above. It was repeated in the previous agricultural appropriation acts for the fiscal year 1915 and 1916, Act June 30, 1914, c. 131, 38 Stat. 424, Act March 4, 1915, c. 144, 38 Stat. 1094. See notes to § 820, ante. § 821. (Act May 25, 1900, c. 553, § 1.) Preservation, etc., of game birds and other wild birds. The duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this Act and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed. The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds. And the Secretary of Agriculture shall make and publish all needful rules and regulations for carrying out the purposes of this Act, and shall expend for said purposes such sums as Congress may appropriate therefor. (31 Stat. 187.) This was the first section of the Lacey Act, entitled "An act to enlarge the powers of the Department of Agriculture," etc., cited above. The other sections, being sections 2-5 of the act, relating to the importation of foreign wild animals or birds, and to the transportation between different States, etc., of animals or birds the importation of which is prohibited, or the dead bodies of wild animals or birds killed in violation of the laws of a State, etc., were incorporated into the Criminal Code, in sections 241-244 thereof, post, §§ 1041110414, and were repealed by section 341 of said Criminal Code, post, § 10515. The Secretary of Agriculture was further empowered to authorize and regulate the importation of eggs of game birds for propagation, by Act June 3, 1902, c. 983, post, § 822. Provisions that migratory game and insectivorous birds, which, in their northern and southern migrations do not remain permanently the entire year within the borders of any State or Territory, shall be deemed within the custody and protection of the Government of the United States, and shall not be destroyed or taken contrary to regulations to be adopted by the Department of Agriculture, were made by Act March 4, 1913, c. 145, and are set forth under Title LVII D, "Protection of Migratory Game and Insectivorous Birds." § 822. (Act June 3, 1902, c. 983.) Regulation of importation of eggs of game birds for propagation. From and after the passage of this Act the Secretary of Agriculture shall have the power to authorize the importation of eggs of game birds for purposes of propagation, and he shall prescribe all necessary rules and regulations governing the importation of eggs of said birds for such purposes. (32 Stat. 285.) This act was entitled "An act to regulate the introduction of eggs of game birds for propagation." § 823. (Act Feb. 1, 1905, c. 288, § 1.) Execution of laws affecting lands reserved for national forests. The Secretary of the Department of Agriculture shall, from and after the passage of this Act, execute or cause to be executed all laws affecting public lands heretofore or hereafter reserved under the provisions of section twenty-four of the Act entitled "An Act |