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TONNAGE TAX.

1. Collected in Porto Rico.-The tonnage tax collected in Porto Rico under section 14 of the act of June 26, 1884 (23 Stat., 57), as amended by section 11 of the act of June 19, 1886 (24 Stat., 81), should be so deposited as to be available for the maintenance in part of the Marine-Hospital Service. 122.

2. On Foreign Cable Ship.—A British cable construction steamship engaged in its legitimate business, arriving at Honolulu from a foreign port, is not a vessel engaged in trade within the meaning of section 11 of the act of June 19, 1886 (24 Stat., 81), and therefore is not subject to the tonnage tax provided for in that section. 597.

TRADE-MARK.

1. Entry of Goods Bearing Foreign Trade-Mark.-The importation into the United States of an article bearing the genuine trademark of the maker, by an importer who is not the owner of the trade-mark, is not forbidden by section 11 of the tariff act of July 24, 1897 (30 Stat., 207), although such trade-mark has been properly registered in the United States and all rights thereunder have been transferred and belong to another party. 551.

2. Same. The purpose of that section is twofold-to protect the domestic manufacturer against encroachment upon his trademark and the public from the imposition of imported articles assuming domestic names. It is the simulation or counterfeit, and not reality or genuineness at which the section is aimed. Ib. TRANS-SHIPMENT OF ALIEN PASSENGERS. See HEAD TAX, 2.

TREASURY DEPARTMENT.

1. Collection of Duty on Goods Prohibited from Entry.-The Treasury Department is not required by the statutes to levy and collect duty or its equivalent on goods, the importation of which is specifically and absolutely prohibited. 556.

2. Collection of Duties when Forfeiture Prevails.-There is no authority for the practice of the Treasury Department to exact duties, when forfeiture prevails, only in those cases which arise under section 32 of the tariff act of July 24, 1897 (30 Stat., 211, 212), and not in other customs-revenue cases involving forfeiture. 1. 3. False Labeling or Branding of Dairy and Food Products.-The Department of Agriculture and the Treasury Department have no jurisdiction or power under the act of March 3, 1903 (32 Stat., 1157), to prevent or punish the false labeling or branding of dairy or food products after they have passed the customshouse and are delivered to the owner or consignee. 675. 4. Lead Bullion-Assay.-While paragraph 181 of the tariff act of July 24, 1897 (30 Stat., 166), which imposes a duty on imported lead ores, contemplates the determination of the quantity of

TREASURY DEPARTMENT-Continued.

metal in the ore by assay, by paragraph 182 of that act the determination of the quantity of metal contained in imported lead bullion is to be by official weighing only, and the applicaof assay to lead bullion under the current Treasury regulations for bonded smelters and refiners is without warrant of law. 45. 5. Same-Drawback.-The Attorney-General declines to modify the views and conclusion expressed in his opinion of May 15, 1902 (ante, p. 45), that paragraph 182 of the tariff act of July 24, 1897 (30 Stat., 166), requires the quantity of metal contained in imported lead bullion to be determined by official weighing only, and that the application of assay to lead bullion under the current Treasury regulations for bonded smelters and refiners is without warrant of law. 569.

6. Same.—The statutory percentages of refined metal for exportation may not properly be made up of "such portions of metals as the importer may determine." Ib.

7. Treasury Department Circular No. 52.-Circular No. 52, Bureau of Immigration, Treasury Department, issued May 10, 1902, providing that duly registered Chinese laborers seeking admission to the United States after temporary absence, under Article II of the treaty of 1894 between the United States and China, must prove that some one of the conditions mentioned in that article exists at the time of application for readmission, is warranted both by the treaty with China and by the existing laws of the United States. 91.

See also SECRETARY OF THE TREASURY.

TREATY.

Article II of the Treaty with China of December 8, 1894 (28 Stat., 1210) Certificate of Disability. As heretofore held by this Department (21 Opin., 357; 23 Opin., 545), Article II of the treaty with China of 1894 displaced the provisions of section 7 of the act of 1888 (25 Stat., 476), with regard to the certificate of disability which must be presented by a. registered Chinese laborer returning to the United States after an absence of more than one year. 544.

UNITED STATES.

1. Jurisdiction of State Harbor Commissioners-U. S. Navy-yard at Norfolk, Va.-The State of Virginia, through its legislature, having duly relinquished jurisdiction over the lands belonging to the United States at the navy-yard at Norfolk, upon which it is proposed to construct a dry dock, the State board of harbor commissioners for the port of Norfolk and Portsmouth is without authority to require the submission to and approval by it of the plans of the contemplated improvement, although such improvement be within the harbor line established by that board. The authority of the United States over that harbor is paramount and absolute. 50.

UNITED STATES-Continued.

2. Release of Cruiser Galveston from Possession of State Court.-The Attorney-General defers answering the question as to the right of the Secretary of the Navy, under the direction of the President, to employ the military forces of the Government to obtain possession of the cruiser Galveston, in course of construction under contract with the Wm. R. Trigg Company, of Richmond, Va., which company has gone into the hands of a receiver appointed by the chancery court of Virginia, for the reason that a method of procedure in such cases is provided for by section 3753, Revised Statutes, and occasion for the exercise of this power is not likely to arise if the stipulation authorized by that section is filed. 679.

3. Same. No instrumentality of the Federal Government may be taken into custody and held under any adverse authority whatever. This applies as well to an instrumentality in process of creation as to one already completed. Ib.

4. Same. The United States is entitled to the undisputed possession and control of its property and of property in which it is interested to the extent of that interest, and this possession and control are exempt from the process of every court. Ib.

5. Same. The word "stipulation," as used in section 3753, Revised Statutes, denotes an undertaking in the nature of bail, and is analogous to the "stipulation for value" under present admiralty practice, the measure of the Government's obligation being limited in section 3754, Revised Statutes, to "the value of the interest of the United States in the property in question." Ib. 6. Wireless Telegraphy-International Agreement. -The United States have power, either alone or in cooperation with other countries, to impose conditions upon the operation of any wireless telegraph system which conveys messages to or from the United States. 100.

7. Same Regulation of Commerce. Such transmission is commerce, and the power of the United States to regulate commerce and to preserve the territorial integrity of this country does not depend upon the means employed, but upon the end attained. Ib.

See also STATE CESSIONS OF LAND TO UNITED STATES.

UNITED STATES COMMISSIONERS.

1. Compensation-Issue of Search Warrants. Although no compensation is provided therefor, it is the duty of United States commissioners to issue search warrants in internal-revenue cases when properly applied for. 685.

2. Same-Section 3462, Revised Statutes, providing for the issue of these warrants, does not state all that must be included in the application therefor. The fifth amendment to the Constitution provides that "no warrant shall issue but upon probable cause

UNITED STATES COMMISSIONERS-Continued.

supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized." Ib. 3. Same. If a United States commissioner refuses, on proper application, to issue a search warrant, the facts may be brought by petition or otherwise to the attention of the court appointing such recusant officer for such action as it deems proper. lb. UNITED STATES COURTS. See LETTERS ROGATORY. UNITED STATES SUPREME COURT REPORTS.

1. Distribution.-Section 1 of the act of July 1, 1902 (32 Stat., 630), entitled "An act for the further distribution of the reports of the Supreme Court, etc.," authorizes the distribution of the official edition only of those reports, together with reprints of of such earlier volumes as are out of print or otherwise difficult to procure.

106.

2. Same. A reprint distinguished from a new edition. Ib. 3. Same-Circuit and District Judges.-Under section 2 of that act the circuit and district judges are authorized to select the editions, whether official or otherwise, for their respective courts, provided that no volumes of the reports have been previously furnished such court. Ib.

4. Same. The right of selection is limited to judges of the circuit and district courts, and does not extend to the other distributees mentioned in section 2. It is also limited to the copies to be supplied for the courts, and does not include reports intended for the individual use of the judges. Ib.

5. Same By whom Furnished. The copies to be distributed under section 3 are to be furnished by the publishers of the official reports. Ib.

6. Same The Digest.-By section 4 the digests are to be distributed to each judge or other official entitled to receive the decisions, either under the act of July 1, 1902, or prior legislation. Ib. UNOFFICIAL SERVICE. See CONSULS. VESSELS.

American Vessel from Philippine Islands-Entry-Manifest.-An American vessel in ballast, arriving in March or April, 1902, at Port Townsend, Wash., from Manila, did not arrive from a foreign port and was not engaged in the coasting trade within the meaning of the laws requiring the making of entry and the sending of a copy of the manifest to the Auditor. 27.

VIRGINIA STATE BOARD OF HARBOR COMMISSIONERS. See JURISDICTION, 3.

WAR DEPARTMENT.

1. Authority of Chief Clerk to Sign Requisitions.-The act of March 4, 1874 (18 Stat., 19), authorizing the Secretary of War, when temporarily absent from the Department because of illness or from other cause, to direct his chief clerk to sign requisitions on

WAR DEPARTMENT-Continued.

the Treasury Department, is not superseded by the act of March 5, 1890 (26 Stat., 17), which provides for an Assistant Secretary of War. 646.

2 Same. During the temporary absence from the Department of both the Secretary of War and his assistant, the Secretary is empowered, under the act of 1874, to authorize the chief clerk of the Department to sign requisitions, etc., that act being still in force, at least within the limited scope here stated. Ib. 3. Government for Philippine Islands.-Under the instructions of the President to the Philippine Commission of April 7, 1909, and the Executive order of June 21, 1901, the powers and duties thereby conferred upon the Commission and the civil governor were to be exercised under the direction and control of the Secretary of War, and the act of July 1, 1902 (32 Stat., 691), in ratifying and approving the instructions and order referred to, continued this relation. The reasonable inference is, therefore, that until otherwise provided, Congress intended that the government for the Philippine Islands should be regarded as a branch of the War Department. 534.

4. Same. Penalty Envelopes. The penalty envelopes used for the transmission of official mail from those islands should, accordingly, bear the indorsement of the War Department. Ib. See also SECRETARY OF WAR.

WAR EMERGENCY EMPLOYEES.

See CIVIL SERVICE, 2.

WAR-REVENUE ACT. See INTERNAL REVENUE, 5.

WIRELESS TELEGRAPHY.

1. International Agreement. The United States have power, either alone or in cooperation with other countries, to impose conditions upon the operation of any wireless telegraph system which conveys messages to or from the United States. 100.

2. Same Regulation of Commerce.-Such transmission is commerce, and the power of the United States to regulate commerce and to preserve the territorial integrity of this country does not depend upon the means employed, but upon the end attained. Ib.

WORDS AND PHRASES.

1. "All Employees of the Census Office."-The words "all employees of the Census Office" in section 5 of the above-named act can not be held to apply to special agents or other field employees who may be temporarily assigned to service in the Census Office. 78.

2. "Any Telegraph Company Organized under the Laws of any State."The words "any telegraph company organized under the laws of any State," used in the act of July 24, 1866 (14 Stat., 221), entitled "An act to aid in the construction of telegraph lines," etc., were used advisedly, and with a recognition that they did not include a "person" or an individual. 603.

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