rig, tonnage, home port, and place and date of building of every vessel, distinguishing in such list sailing-vessels from such as may be propelled by steam or other motive power. He shall also report annually to the Secretary of the Treasury the increase of vessels of the United States, by building or otherwise, specifying their number, rig, and motive power. He shall also investigate the operations of the laws relative to navigation, and annually report to the Secretary of the Treasury such particulars as may, in his judgment, admit of improvement or may require amendment. (23 Stat. 119.) Before the passage of this act, the Chief of the Bureau of Statistics was required to prepare an annual statement of vessels, etc., by R. S. § 340. See notes to section 1 of this act, ante, § 890. § 894. (Act July 5, 1884, c. 221, § 5.) Change of names of vessels. The Commissioner of Navigation shall, under the direction of the Secretary of the Treasury, be empowered to change the names of vessels of the United States, under such restrictions as may have been or shall be prescribed by act of Congress. (23 Stat. 119.) Authority to change the names of vessels was conferred on the Secretary of the Treasury by Act March 2, 1881, c. 107, post, §§ 7763, 7764. See notes to section 1 of this act, ante, § 890. § 895. (Act July 5, 1884, c. 221, § 6.) Appointment and compensation of Commissioner; designation of clerk as Deputy Commissioner; additional clerks. The Commissioner of Navigation shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall receive a salary of four thousand dollars per annum. And the Secretary of the Treasury shall have power to transfer from existing Bureaus or divisions of the Treasury one clerk, to be designated as deputy commissioner of navigation, to act with the full powers of said Commissioner during his temporary absence from his official duty for any cause, and such additional clerks as he may consider necessary to the successful operation of the Bureau of Navigation, without impairing the efficiency of the Bureaus or divisions whence such clerks may be transferred. (23 Stat. 119.) Appropriations for the Bureau are made by the annual legislative, executive, and judicial appropriation acts. Recent appropriations provide, besides the salary of the commissioner, $4,000, for a Deputy Commissioner, $2,400, chief clerk, $2,000, clerk to commissioner, $1,600, clerks of various classes, and other employés. The provisions for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. CHAPTER E The Bureau of Light-Houses The Light-House Board, established under Title LV of the Revised Statutes, §§ 4653-4680, of which the Secretary of the Treasury was president, by R. S. § 4654, and which was attached to the office of the Secretary of the Treasury, by R. S. § 4658, and the Light-House Establishment, were transferred to the Department of Commerce and Labor, by the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, ante, § 857. The Bureau of Light-Houses in the Department, with a Commissioner of Light-Houses as the head of the Bureau, was established by Act June 17, 1910, c. 301, §§ 4-7, 36 Stat. 537. This chapter includes the provisions of said acts and other provisions which remain in force and may be applicable to the Bureau in the Department of Commerce. Sec. missioner of Light-Houses; Dep- Sec. Construction; report of Commissioner; adjustment of claims for damages from collisions. 897. Transfer of employés of LightHouse Board or Light-House Establishment to Bureau. § 896. (Act June 17, 1910, c. 301, § 4.) Establishment of Bureau; Commissioner of Light-Houses; Deputy Commissioner; chief clerk; inspectors, clerical assistants, etc.; Chief Constructing Engineer; Superintendent of Naval Construction; report of Commissioner; adjustment of claims for damages from colli sions. Hereafter there shall be in the Department of Commerce and Labor a bureau of light-houses and a commissioner of light-houses, who shall be the head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. There shall also be in the bureau a deputy commissioner, to be appointed by the President, who shall receive a salary of four thousand dollars per annum, and a chief clerk, who shall perform the duties of chief clerk and such other duties as may be assigned to him by the Secretary of Commerce and Labor or by the commissioner. There shall also be in the bureau such inspectors, clerical assistants, and other employees as may from time to time be authorized by Congress, and there shall also be employed one chief constructing engineer at a salary of four thousand dollars per annum and one superintendent of naval construction at a salary of three thousand dollars per annum, both to be appointed by the President. The commissioner of light-houses shall make an annual report to the Secretary of Commerce and Labor, who shall transmit the same to Congress at the beginning of each regular session thereof; and such commissioner, subject to the approval of the Secretary of Commerce and Labor, is hereby authorized to consider, ascertain, adjust, and determine all claims for damages, where the amount of the claim does not exceed the sum of five hundred dollars, hereafter occasioned by collisions, for which collisions vessels of the Light-House Service shall be found to be responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. (36) Stat. 537.) This section was part of an act entitled "An act to authorize additional aids to navigation in the Light-House Establishment, and to provide for a Bureau of Light-Houses in the Department of Commerce and Labor, and for other purposes." Sections 5-7 of the act are set forth post, §§ 897-899. Sections 4-13 of the act were to take effect July 1, 1910, by section 14 thereof, 36 Stat. 539. The Department of Commerce and Labor is to be called the Department of Commerce, and the Secretary of Commerce and Labor is to be called the Secretary of Commerce, by provisions of Act March 4, 1913, c. 141, § 1, post, § 932. Appropriations for the Bureau are made 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. 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. Notes of Extension of lighthouse reservation.— The Secretary of the Navy has authority to transfer control of certain land at San Juan, Porto Rico, reserved by executive order for naval purposes to the Department of Commerce and Labor, for the extension of the lighthouse reservation at that place. (1904) 25 Op. Atty. Gen. 269. Decisions Suit against United States as affecting right to insurance money.-A special act of Congress authorizing suit against the United States to recover damages sustained in a collision with a lighthouse tender held not to preclude recovery for loss of cargo because of insurance thereon. L. Boyers Sons Co. v. United States (1912) 195 Fed. 490, 115 C. C. A. 400. § 897. (Act June 17, 1910, c. 301, § 5.) Transfer of employés of Light-House Board or Light-House Establishment to Bureau. All employees of or in the Light-House Board or the LightHouse Establishment are hereby transferred to the bureau of lighthouses, excepting, however, army and navy officers. (36 Stat. 537.) See note to preceding section of this act, ante, § 896. The Light-House Board, mentioned in this section, was constituted, and its organization and proceedings were prescribed and regulated, by R. S. §§ 4653– 4657. R. S. § 4653, provided as follows: "The President shall appoint two officers of the Navy, of high rank, two officers of the Corps of Engineers of the Army, and two civilians of high scientific attainments, whose services may be at the disposal of the President, together with an officer of the Navy and an officer of engineers of the Army, as secretaries, who shall constitute the Light-House Board." R. S. § 4654, provided that the Secretary of the Treasury should be ex-officio president of the board. And R. S. §§ 4655-4657, provided for the election of a chairman of the board and regulated its meetings. Said sections were repealed by section 13 of this act, 36 Stat. 539. § 898. (Act June 17, 1910, c. 301, § 6.) Transfer of duties, powers, etc., of Light-House Board to Commissioner. All duties performed and all power and authority now possessed or exercised by the Light-House Board, under any provision of law not hereby repealed, are hereby transferred to and imposed and conferred upon and vested in the commissioner of light-houses, under the direction and control of the Secretary of Commerce and Labor. (36 Stat. 538.) See note to section 4 of this act, ante, § 896. The Secretary of Commerce and Labor is to be called the Secretary of Commerce, by a provision of Act March 4, 1913, c. 141, § 1, post, § 932. § 899. (Act June 17, 1910, c. 301, § 7.) Commissioner to have charge and control of Light-House Service, etc. The commissioner of light-houses shall, under the direction and control of the Secretary of Commerce and Labor, have charge and control of the construction, maintenance, repair, illumination, inspection, and superintendence of light-house depots, supply stations, light and signal stations, light-houses, light-vessels, lighthouse tenders, fog signals, submarine signals, beacons, buoys, day marks, post-lantern lights, and seamarks and their appendages, and generally of the Light-House Service; and the charge and custody of all the archives, books, documents, drawings, models, returns, apparatus, and other things appertaining to the Light-House Establishment. (36 Stat. 538.) See note to section 4 of this act, ante, § 896. The Secretary of Commerce and Labor is to be called the Secretary of Commerce by a provision of Act March 4, 1913, c. 141, § 1, post, § 932. The powers and duties of the Light-House Board in regard to the LightHouse Service were prescribed by R. S. § 4658, as amended by Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 252, and its jurisdiction was extended over the Mis sissippi, Ohio, and Missouri rivers, by a provision of Act June 23, 1874, c. 455, § 1, 18 Stat. 220. The charge and control of the Service, etc., were conferred on the Commissioner of Light-Houses, by this section, and R. S. § 4658, was repealed, by section 13 of this act. § 900. (Act July 27, 1912, c. 255, § 2.) Designation of Acting Commissioner in absence of Commissioner and Deputy Commissioner. Hereafter, in case of the absence of the Commissioner and Deputy Commissioner of the Bureau of Lighthouses, the Secretary of Commerce and Labor may designate some officer of said bureau to perform the duties of the commissioner during his absence. (37 Stat. 239.) This provision was the first part of section 2 of Act July 27, 1912, c. 255, § 2, an act to authorize additional aids to navigation in the Light-House Service, etc., cited above. Further provisions of this section, relating to the Light-House Service, are set forth post, § 8449. Sec. CHAPTER F The Bureau of Fisheries A Commissioner of Fish and Fisheries was authorized, and his duties and powers were prescribed, by Res. Feb. 9, 1871, No. 22, 16 Stat. 594, incorporated into R. S. §§ 4395-4398. The Fish Commission and the Office of Commissioner of Fish and Fisheries, and all that pertains to the same, were placed under the jurisdiction and made a part of the Department of Commerce and Labor, by the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, ante, § 857. Subsequent appropriation and other acts designated the office as the "Bureau of Fisheries." This chapter includes said provisions of R. S. §§ 4395-4398, and subsequent provisions which remain in force and may be applicable to the Bureau under the Department of Commerce. 901. Appointment of Commissioner of Fish and Fisheries; salary; tenure of office. 902. Designation of acting Commission- 904. Duties of the Commissioner. Sec. 904b. Investigation of damage to fish- 906. Powers of Commissioner. 908. Annual statement of expenditures § 901. (R. S. § 4395, as amended, Act Jan. 20, 1888, c. 1.) Appointment of Commissioner of Fish and Fisheries; salary; tenure of office. There shall be appointed by the President, by and with the advice and consent of the Senate, a person of scientific and practical acquaintance with the fish and fisheries to be a Commissioner of Fish and Fisheries, and he shall receive a salary at the rate of five thousand dollars a year, and he shall be removable at the pleasure of the President. Said Commissioner shall not hold any other office or employment under the authority of the United States. or any State. Res. Feb. 9, 1871, No. 22, § 1, 16 Stat. 594. Act Jan. 20, 1888, c. 1, 25 Stat. 1. This section, as enacted in the Revised Statutes, provided for the appointment by the President, by and with the advice and consent of the Senate, from among the civil officers or employés of the Government, of a Commissioner of Fish and Fisheries, said appointee to be a person of proved scientific and practical acquaintance with the fishes of the coast, and to serve without additional 1 U.S.COMP.'16-32 (497) salary. It was amended by Act Jan. 20, 1888, c. 1, last cited above, to read as set forth here. The Fish Commission and the office of Commissioner were placed under the jurisdiction of and made a part of the Department of Commerce and Labor, by the act establishing that Department, Act Feb. 14, 1903, c. 552, § 4, ante, $ 857. Subsequent appropriations provide an increased salary for the commissioner. The appropriation for the fiscal year 1917 was $6,000, by Act July 1, 1916, c. 209, § 1, 39 Stat. Provisions authorizing the Commissioner to designate, from the employés of the Commission, an assistant to discharge his duties in case of his absence, etc., and designating said assistant as Assistant Commissioner, contained in Act March 3, 1883, c. 143, § 1, 22 Stat. 628, and Act March 3, 1885, c. 359, 23 Stat. 450, were superseded by appropriations, after the transfer of the Commission to the Department of Commerce and Labor, for a Deputy Commissioner, and by the provision for designation of an officer to perform the duties of the Commissioner during the absence of the Commissioner and Deputy Commissioner, of Act March 4, 1911, c. 285, § 1, post, § 902. Appropriations for the Bureau, including salaries of officers, clerks, and other employés, and expenses, are made in the annual sundry civil appropriation acts. The appropriation for the fiscal year 1917 provided for the commissioner, $6,000; deputy commissioner, $3,500; assistants in charge of divisions-fish culture, $2,700; inquiry respecting food fishes, $2,700; statistics and methods of fisheries, $2,500; assistants-one, in charge of office, $2,500, one $2,500, one $2,400, one $2,000, one $1,800, one $1,600, two at $1,200 each, and two at $900 each; fish pathologist (to be appointed by the Secretary of Commerce), $2,500; architect and engineer, $2,200; assistant architect, $1,600; draftsman, $1,200; accountant, $2,100; librarian, $1,500; superintendent of car and messenger service, $1,600; and clerks of various classes and other employés-by Act July 1, 1916, c. 209, § 1, 39 Stat. Details for duty under the Commissioner of officers and men of the Revenue Marine Service were authorized by a provision of Act March 3, 1885, c. 360, post, § 903. 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. Notes of Decisions Appointment of deputy commissioner. The deputy commissioner of fisheries must be appointed by the President, by and with the advice and consent of the Senate, and where such appointment is made by the head of the department it is illegal, and the incumbent's status is that of a de facto officer. A new appointment is not made necessary, however, merely by reason of the increase of the salary of the office. (1911) 29 Op. Atty. Gen. 116. What law governs fishery rights.The waters of Lake Champlain, within the limits of the United States, being partly in New York and partly in Vermont, the right to take fish therefrom depends solely upon the laws of the one (498) or of the other of those states, according as the locus is within the boundaries of the one or of the other. The general government can afford no relief. (1881) 17 Op. Atty. Gen. 74. The regulation of fisheries in navigable waters within the territorial limits of the several states, in the absence of federal treaty, is a subject of state rather than of federal jurisdiction. (1898) 22 Op. Atty. Gen. 214. Cited without definite application, Manchester v. Massachusetts (1891) 11 Sup. Ct. 559, 561, 139 U. S. 240, 35 L. Ed. 159; McDonald & Johnson v. Southern Express Co. (C. C. 1904) 134 Fed. 282. |