41 2'J12'LE 5.
-EIXBUVTi' E DEIARTMI
cilims herein described. This section does not supersede other
modes of Indemnity In existence and does iot diminish responsi-
bilityv of any member of the military forces to the person In-
jured or to the United States. (Apr. 18, 1018, c. 57, 40 Stat.
532.) 4.
211. Sale of surplus motor trucks and automobiles.-In addi-
tion to the delivery of the proierty authorized, to be delivered
to the Publlc Ileatth Service, the Department of Agriculture
and the Post Oflice Department of the Government, the Secre-
tary of War Is authorized to sell any surplus supplies Including
motor trucks and automobiles on July 11, 1019, owned by and
in the possession of the Government for the use of the War
Department to any State or municipal subdivision thereof, or
to any corporation or individual upon such terms as may be
deemed best. (July 13, 1010, e. 8, 41 Stat. 105.)
212. Sale of dental outfits.-Tho Secretary of War is author-
ized and directed to sell at public or private sale, under such
rules and regulations as he may prescribe, all dental outfits
in excess of the needs of the Government, preferentially to per-
sons who served it the Army, Navy, Marine Corps, Coast
Guard, or the American Red Cross of the United States during
the World War and who are at the time of such sale licensed
to practice dentistry; but not more than one set of dental sup-
plies shall be sold at private sale to any one person. (Apr.
17, 1020, c. 150, 41 Stat. 554.)
213. Transfer of motor vehicles to branches of Government
service; payment for from appropriations.-Tho Secretary of
War is authorized to transfer any unused and surplus motor-
propelled vehicles and motor equipment of any kind, the pay-
mait for same to be made as provided herein, to any branch
of the Governpinent service having appropriations available for
the iurchase of said vehicles and equipment. In case of the
transfers herein authorized a reasonable price not to exceed
actual cost, and if the same have been used, at a reasonable
price based upon length of usage, shall be determined upon
and an equivalent amount of each appropriation available Tor
said purchiaso shall be covered into the Treasury as i miscel-
laneous receipt, and the appropriation in each case reduced
accordingly. It shall be the duty of each official of the Gov-
ernment having such purchases in charge to procure the same
from any such unused or surplus stock if possible. No trans-
fer of motor-propelled vehicles and motor equipment, unlcss
specifically authorized by law, shall be.made free of charge to
any branch of the Government service. (July 10, 1919, c. 24,
§ 5, 41 Stit. 233.)
214. Equipment for Metropolitan Police.--The War Depart-
ment may, in its discretion, furnish the commissioners, for use
of the police, upon requisition, such worn mounted equipment
as may be required. (June 20, 1922, e. 249, § 1, 42 Stat. 602;
Feb. 28, 1023, c. 148, § 1, 42 Stat. 1349; June 7, 1924, c. 802,
* 1, 43 Stat. 500; Mar. 3, 1025, c. 477, § 1, 43 Stat. 1235.)
215. Reports of Secretary of War; unexpended balances to
Congress.--The Secretary of War shall make an annual report
to Congress containing a statement of the appropriations of the
preceding fiscal year for the Department of War, showing ilia
amount appropriated under each specific head of appropriatin,
the amount expended under each head, and the balanco which,
on the thirtieth day of Juno preceding such report, remained
unexpended. Such reports shall be accompanied by estimates
of the probable demands which may remain on each appropria-
tion. (RI. S. § 228.)
216. Same; annual statement of expenditures for contingeit
expenses.-Tho annual report of the Secretary of War as to
the expenditure of contingent funds required by section 104 of
this title shall include a statement of the expenditure of the
moneys appropriated for the contingent expenses of the military
establishment. j(R. S. § 229; Mar. 2, 1895, e. 177, 1 1, 28 Stat.
787.)
:NTS, OFFIO RS, AND EMPLOY ES § 241
217. Same; bids for works.-Whtnever the Secretary of War
invitea proposals for any works, jr for tiny materials or labor
for any work, lie shall report to Congress, at its next session,
all bids therefor, with the no-nms of the bidders. (11. S. § 230.)
218. War Department c'tntracts; regulations for bids.--The
Secretary of War is hereby authorized to prescribe rules and
regulations to be observed in the preparation and submission
and opening of bids for contracis under the War Departnent.
And ho may require every bid to be accompanied by a -written
guarantee, signed by one or more responsible persons, to the
effect that he or they undertake that the bidder, If his bid Is
accepted, will, at such time as may be proscribed by the Secre-
tary of War or the officer authorized to make a contract in the
premises, give bond, with good and sufficient sureties, to furnish
the supplies proposed or to perform the service required. If
after the acceptance of a bid and a notification thereof to the
bidder lie fails within the time prescribed by the Secretary of
War or other duly authorized officer to enter inlo a contract
and furnish a bond with good and sufficient security for the
proper fulfIlhnent of Its terms, the Secretary or ot,er author-
ized officer shall proceed to contract with some other person to
furnish the supplies or perform the service required, and shall
forthwith cause the difference between the amount specified by
the bidder' in default in the proposal and the amount for
which he may have contracted with another party to furnish
the supplies or perform the service for the whole period of the
proposal to be charged up against the bidder and his guarantor
or guarantors, and the sum may be immediately recovered by
the United States for the use of the War Department in an
action of debt against either or all of suchl persons. (Apr. 10,
1878, c. 58, 20 Stat. 80; Mar. 8, 1883, c. 120, 22 Sttt. 487.)
Chapter 4.-DEPARTMENT OF TREASURY.
ee.
241. Establishment of department.
242. General duties of Secretary of Treasury.
243. Restrictions upon Secretary of Treasury.
244. Undersecretary of Treasury; salary; duties.
245. Same; performance of duties of Secretary.
240. Assistant Secretaries of Treasury.
247. Same; duties.
248. Some; signing wsrrants.
249. Chief clerk and superintendent to bo chief executive officer of
department.
250. Deputy disbursing clerk.
251. Government actuary; salary.
252. Salaries to Treasury Department offilcers holding over.
253. Enforcement of laws relating to Treasury Department; detail of
persons paid from certain appropriations for.
254. Restrictions upon clerks in department.
255. Division of bookkeeping and warrantis.
250. Commencement of fiscal year.
257. Contingent expenses of Treasury Department; contrpl of anppro-
priations for.
258. Same; accounts of expenditures for.
250. Accounts of receipts of internal revenue.
200. Accounts of expenditures for furniture and repairs.
201. Rules for government of agents representing claiumqnts.
202. Reports of Seeretary of Treasury.
203. Same; postal ravenues and expenditures.
204. SameI receipts and expenditures of public mone s.
205. Same; estimates of revenue and expenditures.
200. Same; claims alloved.
267. Same; officers delinquent in rendering accounts.
268. Same; appropriations for Departments of War and Navy.
2609. Accounts of amounts expended for contingent expenses of Treasury
buildings.
2T0. Quarterly publication of statement of receipts and expenditincs.
271. Mlonthly publication of weakly statement of Treasurer.
272. Statements of receipts and expenditures in naval service.
278. Balances in hands of disburtling agents I 4aport of amounts lot or
unaccounted for.
Section 241. Establishment of department.-There shall b
at the seat of government an executive department to be known
 § 242 TITLE 5.-EXECuTIVE DEPARTMENTS,
as the Department of the Treasury, and a Secretary of thi3
Treasury, who shall be the head thereof. (R. S. § 213.)
Cross reference: Salary of secretary ; see rcetlon 3 of this title. seal, dclegato authority to the Assistant Secretaries of tle
242. General duties of Secretary o Treasury.-Tho Secre Treasury to bign i'n his stead, and lie mae- il like manner dole-
tary of the Treasury shall, from thrie to time, digest and lro gate such authority to a clerk in his ofilce to sign In Ills name,
pare plans for the improvement and management of the rove all warrants for tie paymlnt of money into the Iubllc Treas-
nue, and for the support of the public credit; shall suierin
tend the collection of the revenue; shall, from time to time
prescrlle the forms of keeping and rendering all public accountf
and making returns ;shall grant, under the limitations hereto
stullhlied, or to be provided, all warrants for moneys to b
Issued from the Treasury in pursuance of appropriations b3
law; shall make report and give information to either branch
of the legislature In person or In writing, as may be required,
respecting all matters referred to him by the Senate or House
of lepresentatives, or which shall appertain to his ofilce; and
generally shall perform all such services relative to the finances
as lie shall be directed to perform. (R. S. § 248.)
243. Restrictions upon Secretary of Treasury.-No person
appointed to tWe office of Secretary of the Treasury, or Treas-
urer, or Register, shall directly or Indirectly be concerned or
interested in carrying on tile business of trade or commerce, or
be owner in whole or in part of any sea vessel, or purchase by
himself, or another in trust for him, any public lands or other
public property, or be concerned in the purchase or disposal
of any public securities of any State, or of the United States, or
take or apply to Iris own use any emolument or gain for ne-
gotiating or transacting any business In the Treasury Depart-
ment, other than what shall- be allowed by law; and every per-
son who offends against any of the prohibitions of this section
shall be deemed guilty of a high misdemeanor and forfeit
to the United States the penalty of three thousand dollars, and
shal! upon conviction be removed from office, and forever there-
after be incapable of holding any offlce.under tile United States;
and if any other person than a public prosecutor shall give
information of any such offense, upon which a prosecution and
conviction shall be had, one-half the aforesaid penalty of three
thousand dollars, when recovered, shall be for the use of tile
persoll ;ivJnyg such information. (R.S. § 243.)
244. Undersecretary' 6f T,,aznry4- i4r duties.-There
shall be in the Department of the Treasury an Undersecretary
of the Treasury, to be appointed by the President, by and with
the advice and consent of the Senate. The compensation of
the Undersecretary of tie Treasury shall be at the rate of
$10,000 per annum. Ile shall perform such duties In tile office
of tile Secretary as may be prescribed by the Secretary of the
Treasury or by law. (Feb. 17, 1922, c. 55, 42 Stat. 300; Jan.
3, 1923, c. 22, 42 Stat. 1087; Apr. 4, 1924, c. 84, Title I, 43
Stat. 6-; Jan. 22, 1925, c. 87, Title 1, 43 Stat. 704.)
245. Same; performance of duties of Secretary.-The Under-
secretary of tile Treasury, in case of the death, resignation,
absence, or sickness of the Secretary of tile Treasury, shall
perform the duties of tlie Secretary until a successor is ap-
pointed or such absence or sickness shall cease. (Feb. 17, 1922,
c. 55, 42 Stat. 366; Jan. 3, 1923, c. 22, 42 Stat. 1087; Apr. 4,
1924, c. 84, Title 1, 43 Stat. 61.)
2.16. Assistant Secretaries of Treasury.-There shall be in
the Department of tile Treasury three Assistant Secretaries of
tile Trewmry, who shall be appoilnted by the Presldent, by and
with tihe advca and consent of tile Senate. (R. " § 234;
July 11, 1890, c. GM*, 6,1, 20 Stat. 230; Mar. 3, 1917, c. 103, § 1,
39 Stat 10S3; Oct. 6,291-, 79, § 1, 40 Stat. 347.)
2-47. Same; duties.-The Aqs'lstlnnt Secretaries of tie Treas-
ury shall extamine letters, contracts, 'alln
warrants prepared for
.tlle signature of the Secretary of the Trire..,,ry, and perform
such ther duties in the(oflt,e of tile Secretary of !bnflrrcesury
as may be prescribed by the Secretary or by law. (. S.
1 245.)
OFFIOERMS' AND EMPLOYEES
248. Same; signing warrants.-The Scwretfry of tIle Treas-
ury may, by an appointment under hMs land and official*
ury and all ,varrmnts for tile disbursemont from tile Public
Treasury of money certified by tile General Accounting Office
to be due upon accounts duly audited and settled by them;
also all accountable warrants placing money Ill tile Treasury
to the credit of diibursing and other fiscal otllcers, and all
appropriations, repay, and transfer warrnt. Tile warrants
so signed by either of the As..l.rrant Secretaries of the Treasury
or by the designated clerk shall be in all cases of the samne
validity as if they had been signed by tie Secretary of tile
Treasury himself. (11. S. § 240; Mar. 2, 1910, c. 71, § 1, 30
Stat. 231; June 10, 1tl:1, c. 18 § 30t, 42 Stat. 24.)
249. Chief clerk and superirtendent to be chief executive
officer of department.--The chief cleric and superintendent of
tile Treasury Department, shall be the chief executive officer
of the department, and may be designated boythe Secretary of
tile Treasury to sign official papers and documents during tie
temporary absence of tR~e Secretary, Undersecretary, and As-
sistant Secretaries of the department. (Mar. 3, 1917, c. 163,
§ 1, 39 Stat. 1083; Feb. 17, 1922, c. 55, 42 Stat. 367; Jan. 3,
1923, c. 22, 42 Stat. 1088; Apr. 4, 1924, c. 84, Title 1, 43 Stat.
04; Jan. 22, 1925, c. 87, Title 1,43 Stat. 704.)
250. Deputy disbursing clerk.-The deputy disbursing eivrlr
shall have authority to sign checks In the nme of the disburs-
ing clerk; lie shall give bond to tile disbursing clerk in such
sum as the said disbursing clerc may require, #and when so
acting for the disbursing clerk shall be subject to all the liabil.
ties and penalties prescribed by law for the official misconduct
In like cases of !he disbursing clerk for whom lie acts, and the
official bond of the disbursing clerk executed hereunder shall
be made to cover and apply to tie acts of tile deputy disburs-
ing clerk. (June 17, 1910, c. 297, § 1, 30 Stat. 487.)
251. Government actuary; salary.-The salary of the (lovern-
nieat actuary, so long as tile position is held by tile incumbent
on June 2, 1924, shall be at the rate of $7,500 a year. (June 2,
i .4, 4.3 p. '4, _, 4_11Q2. 43 Stat. 353.)
252. Salaries to Treasury Department officers holding ever.-
'The Secretary of tile Treasury is authorized and directed to
p'ly to all officers under tile Treasury Department whose terms
of office have expired or shall expire before the appointment
and qualifleation of their successors, and who have been per-
forming or rhall perform tile duties of their respective offices
after the date of such expiration, the salary, compensation,
fees, or emolunents authorized or provided by law In each case
for the respective incumbents of tile offices. No such payment
shall be made for ainy services rendered by any such ofilcer
wrongfully holding after the appointment aria qualification of
]is successor. (Mar. 2, 1895, c. 187, § 1, 28 Stat. 843.)
253. Enforcement of laws relating to Treasury Department;
detail of persons paid front certain appropriations for.-Tho
Secretary of tile Treasury is authorized to use for, and In
connection with, the enforcement of the laws relating to the
Treasury Department aild the several branches of the public
service under its control, not exceeding at any one tine four
persons paid from the appropriation for tile collection of cus-
toms, four persons paid from tile appropriation for salaries and
expenses of internal-revenue agents or from the appropriation
for tie foregoing purpose, and four persons paid from tile ap-
propriation for suppressing counterfeiting and other crimes,
but not exceeding six persons so detailed shall be emllployed
at any one time hereunder. Nothing lereiln contained shall be
construed to deprive the Secretary of the Trcasury from mak.
Ilg any detail otherwise authorized by existing law. (June 12,
43 TITLE 5.-EXEU'IIVI? DEPART'IEN'1,/OI'IIERS, AND EMPLOYBBS § 266
1

1917, c. 2T, § 1, 40 Stat. 118; Mar. 4, 1921, e. 161, § 1, 41 Stat. duly of such officer or officers to keep a jut till(accurate
1374.) ac,,yount In detail of all the anmounts paid for tl purciha.-v of
254. Restrictions upon clerks In department.-Every clerk furniture, and also for the repairs thereof, as well as a full
employed in the Ti'ensury Department who carries on any itatement of tli disposal of the ol furniture. (I. S. § 2.11
trade or business in the funds or debts of the United States, June 25, 1910, c. 385, 36 Stat. 776.)
or of any State, or In lly kind of public property, or who 261. Rules for government of agents representing claim-
takes or npplies to ills own use any emolument or gain for ants.-Tle Secretary of the Treasury may prvtserlit rule( and
negotiating or transacting any business in the department, regulations governing the recognition of ageults, attorrncys, or
shlnl be deemed guilty of a misdemeanor, and punished by a other persons representing clalmnts before his (eparhlnent,
fiue of $500 and renloval from office. (R. S. § 244.) and may require of such persons, agents till(] attorneys, before
255. Division of bookkeeping and warrants.-There shall be being recogllzed as representatives of Clllnlznts, tiIt they
in the office of the Secretary of the Treasury a division of shall show that they are of good charaehr and in golod repute,
bookkeeping 0nd warrants, which shall be under the direction possessed of the necessary qualifications to eilble tbili to
of the.Secretary of tile Treasury. Upon the books of tills dlivi- reader such. lainants valuable servie, and(1 otherwise' coi-
Stl shall be kept all acecrnjits of receipts and expenditures of petent to advise aind assist such clidinalnls in the pre'seniatllo
public money except those relating to the postal -revcnues arid of their cases. Al such Secretrry may after due noice and
expenditures therefrom. It shall be the duty of the Secretary opportunity for hearing suspend, and disbar front further pral-
of the Treasury to make appropriate rules and regulations thce before his departlment tiny such person, agent, or 'att r13y
for carrying out the provisions of this section. (July -31, 1894, shown to be Incompetent, disreputable, or who refuses to coin-
c. 174, §§ 10, 22, 28, Stat. 208, 210.) ply witl tile said rules and regulations, or who shall with Ilnlent
256. Coillencement of fiscal year.-The fiscal year of the to defraud, in any manner willfully and knowilgly deceive,
Treaslury of tile United States In all matters of accounts, mislead, or threaten any clainant or plrospective clailot(t(lh by
recelipts, expentdltures, estimates, and appropriations, except word, circular, letter, or by ndvertt- ,nhi. (July 7, 18RI, c.
acconllts of the Secretary of the Senate for compensation and 334, § 3, 23 Stat. 258.)
traveling expenses of Senators, and accounts of the Sergeant at 262. Reports of Secretary or r; b,ury.-The Secretary of
Arias of the House of Representatives for compensation and the L -- ,-2rilhmake tie following annual reilrls to
lileage of Mulehers and Delegates, shall cotlatar --- rier "lt congress:
day of July In each accouits
ite--uiuTal of receipts and First. A report on the subject of flnance, containing estbanles
c:,penlldtures required by law to be published annually shall of the public revenue and public expenditures for the fiscal
be prepared and published for the fiscal year, as thus estab- year then current, and plans for improving and Increasing the
15lshed. (R. S. § 237; Oct. 1, 1890, c. 1256, § 9, 20 Stat. 646.) revenues from time to thne, f,'r the purpose of giving inforlnm-
257. Contingent expenses of Treasury Department; control tion to Comrress it adlopting modes of raising tle mony
of appropriations for.-The Secretary of the Treasury is au- Second. A report cotaiing asttemt of all condtratts for
thorized to place the control and expenditure of the various Second.orerc tiing a saeentofiill oracts f1cr
been made by him or under
ap~propriations madeappopratins
adeforconingnt xpesesof
for contingent expenses of tile reaurysupplies
he Treasury is direction tile yearhave
diurilng which
or services pr~ecedinlg, a11(1l also) a staltemenit
Department at Washington, District of Columbia, under such he e dti le y precedi alfo t satemegt
officer or ofllcers;'nf the Treaiury Department as he nmay from of tis expenditure of the moneys apropriated for the discharge
prperor ncesary
timeto imedetemin (Jue 2, 110,of miscellaneous climns not otherwise provided for, paid ait
time to tln determine proper or necessary. (June 25, 1910, the Treasury. (R. S. § 257.)
c. 885, 30 Stat. 770.) 263. Salue; postal revenues and expenilitures.-The Secre-
258. Same; accounts of expenditures for.-No account for tary of the Treasury shall include in his annual report, il the
contingent expenses at any of the bureaus of the Department statements of actual and estinated receipts and expenditures of
of the Treasury shall be allowed, except on the certificate of tile Goverrnent, the revenues front till expenditures oil
the or " a........ l:ated by the preceding 3ection tiat account of the postal service. (Sept. 30, 1890, c. 1126, § 1, 20
such expense are necessary afnd proper, ait-'"..e prices Stat. 511.)
paid are just and reasonable ; a1d the superintendent sha± keel, 264. 3.-.me; rseeints and expenditures of public moneys.-it
a full, just, and accurate account in detail of all amounts sliall be te duty of the Secretary ol LIz Tr',lqoorv annually to
expended under the head of contlingelt expenses for the several lay before Congress, oil the first (lay of Ile regular sessit
bureaus of the Department of the Treasury. (R. S. § 240; thereof, an accurate, comlined statement (of the receipts and
.uae 25, 1910, e. 385, S0 Stat. 770.) expenditures during the last prcvvdilng fiscal year of all public
259. Accounts of receils of internal revenue.-Separate m Incys,
lnehling those (of lia lo:st-0)cc flilveepartment, dvesg-
accounts shall b- kept at the Department of the Treasury of 1aing tile aniount of the receiplts, whenever latilcale,, by
all inoneys received frol internal duties or taxes in each of ports, districts, and States, and the exl('hditilrs, by cah
the respective States, Terl:tries, and collection districts, anti sepalate Ilead of approrilation. (July 31, 1801, c. 17.1, § 15, 28
of the anunt of each species of duty and tax that shall accrue ; Stat. 210.)
so a1s to exhibit, as far as nmy be, the amount collected fronm 265. Salme; estimates of revenue and e\penditurcs. -The
each source of revenue, with the imoneys paid as compensation Secretary of the Treasury slll eath year prepare (ind Siilt
rind for allowances to the collectors and deputy collectors, ill in hits,,-lill report to Congr-s stllales If ile pt1d'lell vonuo
spectors, and other offlcers employed in each of the respective a(1 the llbllc expenditures fl tlhe 11-',al yelr currenh 11d
States, Territories, nnd collection districts. Tile said Secre- also for tile lsea1 year llet enstihig at til tiie sid it-loo(' is
tary shall annually, il tile month of December, lay before sulbmlitted, together with at s itieiet (if tite ricel ts al111 f,:-
Congress an abstract, in tabular form, of said accoullts. (U. S. penditures of th, Governmnvllt for the l,rt've.dig (,iUnli ,ttll
§ 239, 201 ; Feb. 18, 1875, c. 80, § 1, 18 Stltt. 317.) fiscal year. (Feb. 26, 11)07, c. 1635, 3 t Slat. 9 i9.)
260. Accounts of expenditures for furniture and repairs.- 266. SanIc; claims allowed.-[le Secretaly of tlhe 'I'rtma~lry
Tie expenditure for furniture and relairs for tile bureaus of s1all, tit the conilelcoi'ent of each svsuion of C(ongrvess, r-
tile Department of the Treasury shll be mad9 by til offleer or port tie anioulit due each Cllillanlt Whose clitilli 11:Mhvll IIl-
officers designated by section 257 of this title, subject to the lowed in whole or In part to the Speaker of the llou(- of Hep-
approval of the Secretary of the Treasury; and it shall be the resentatives and the preslling officer of the Senate, who shatill
 § 267 TITLE 5.-EXEOUTIVB DEPAR;TMENTS, OPFIUERS, AND EMPLOYEES

lay tl same before their respective Houses for consideration, balances in the hands of disbursing agents at the close of each
(July 7,1884, e. 334, § 1, 23 Stat. 254.) fiscal year, and a report of any amounts lost or unaccounted for
267. Same; officers delinquenz in rendering accounts.--Tho by voucher. (Juno 10, 1878, c. 311, § 2, 20 Stat. 107.)
Secretary of the Treasury shall, on the first Monday of Janu-
ary laeach year, make report to Congress of such officers and
Chapter 5.-DEPARTMENT OF JUSTiCE.
administrative departmleuts and offlces of the GovernmenE as See.
werc, respectively, at any time during the last preceding fiscal 291. Establishment of department.
202. Seal.
year delinquent lit rendering or transmitting accounts to the 293. Solicitor General.
proper offices in Washington and the cause therefor, and In 204. Assistant to Attorney General.
eas case Indicating whether thu delinquency was waived, to- 295. Assistant Attorneys General.
ge'lher with such officers, lncluding postmna.,ters and officers of 296. Assistant Attorney General in charge of customs matters; depilty;
special attorneys.
the Post Offmee Department, as were found upon final settle- 207. Solicitors for departments.
ie'ent of their accounts to have been indebted to the Govern- 208. Special assistant to Attorney General to assist in p-istnl cases.
ment, with the amount of such indebtedness In each ease, and 299. Officials for investigation of official matters In Departnents of
Justice and State,
who, at the date of malking report, had failed to pay the same
Z,0O.Officials for detection and prosecution of crimes.
into the 'Treasury of the United 8tates. (July .91, 1694, c. 174, "101. Officials for Investigation of official acts, records, and accounts of
§ 12, 2S Stt. 209; May 28, 1890. :. 252. § 4, 20 Stat. 179.) marshals, attorneys, clerks of courts, United States commis-
268. Same: appropriations for Departments of War and sioners, referees, and trustees.
Nu; y.-The Secretary of the Treasury shall lay before Congress 1102. Traveling expenses and subsistence of officers.
,03. Opinions and advico of Attorney General; to President.
at the colnmencement of each regular session, acconmpanying 304. Same; to heads of executive departments. .
his annual statement of the publmic expenditure, the reports 395. Publication of opinions.
which may be madc to him by the officers charged with the 300. Legal service for departments.
examination of the accounts of the Department of War and 307. Legal advice to War and Navy Departments.
30S. Reference of questions to subordinates.
the Department of tile Navy, re:.pectively, showing the appli- 309. Conduct and argument of cases by Attorney General and Solicitor
cation of the money appropriated for those departments for the General.
preceding year. (1R. S. § 260.) 110. Conduct of legal proceedings.
269. Accounts of amounts expended for contingent expenses 311 Performance of duty by officers of department.
312. Counsel to aid district attorneys.
-f TrPaimry buildings.-The Secretary of the Treasury slall 313. Attendance of counsel.
transitlt to Congress, at the couo, rccnsent of each regular 314. Counsel fees restricted.
session, a copy of each of the accounts kept by the offlcer or 315. Appointment and oath of special attorneys or counsel.
officers designated under section 257 of this title of all amounts 316. Interest of United States In pending suits.
317. Superiftending district attorneys and marshals.
expended under the head of contingent expenses for the sev- 318. tccounts of district attorneys.
eral buiciuis of the Department of the Treasury, and of all 319. Requisitions.
amounts paid for furniture and repairs of furniture, and of tue 320. Disbursement of moneys.
disposal of old furniture. (R. S. § 262.) 321. lilsbursement of salaries of Judges.
322. Records of office of Solicitor of Treasury
270. Quarterly publication of statement of receipts and ex- 323. Bonds for suit ; liability of dtitrict attorney on receiving.
penditures.-The Secretary of the Treasury at the expiration :124. Saum; examintiou of reports of district attorneys and collectors.
of thirty days from the end of each quarter, siall cause to 325. Same false reports of.
be publisied in son newspaper at the seat of govermnent a '120. D4co\very of frauds.
:127. Solicitor of Treasury ; rules respecting suits.
statement of the whole receipts of such quarter, specifying the 328. Same; report of incaeys recovered.
amount received from customs, from public lands, and from 329. Same ; Instructions to diitrict attorneys.
miscellaneous sources, amndi, also, the whole amount of pay- 3:10. Same; suits Involving national banks.
meats made during the suit] quarter, specifying the general 331. Duties of United States attorneys.
Z,2!. Proceedings in equity In cases of Post Offmee Department.
head of appropriation, whether for the civil list, the Army, 333. Report of business and statistics.
the Navy, Indian Affairs, fortifications, or pensions. (R. S. 334. Report of expenditure of contingent fund.
§ 2(1.) 335. Itlort of payments from appropriations.
271. Monthly publication of weekly statement of Treas- 336. Report of additional attorneys and counsel employed.
urer.-Tle Secrctnry of the Treasury shall cause to be pub- 337. Report of assistants to district attorneys.
338. Dilstlbution of statutes and reports to judges.
lished In some newspaper at th seat of govcrnnment, on the 339. tegister of statutes and reports distributed.
first day of each month, the last preceding weekly statement
of the Treasurer of the United States, showing the amount to
Section 291. Establishment of' dcpartment-There shall be
Ihls credit In the different banks, ill the mint, or other deposl- at the scat of goverunent all executive delsrbaci-t to be Irnowu
as the Department of Justice, andti an Attorney General, who
tories, the amount.for which drafts have been given, and those
relaining unpaid, and the balance remaining subject to Ills shall be the head thereof. (R. S. § 346.)
draft; nil lie slal also specially note any clhnges that have Cross reference: Salary of Attorney General, see section 3 of this
been malde In the depositories of the Treasury during the pre- title.
ceding mnontlh, and report to Congress, at the commencement of 292. Seal.-The seal heretofore provided for the oflice of the
Its next session, the reasons for such changes. (R. S. § 207.) Attorney General shall be, with such change as the President
272. Statements of receipts and expenditures in naval serv- shall approve, the seal of the Department of Justice. (R. S.
ice.-It shall be the duty of tile Secretary of the Treasury to § 353.)
transmit to Congress, annually, a tabular statement showing In 293. Solicitor General.-Tbere shall be in the Department of
detail the receipts and expenditures In the naval service under Justice an ofllcer learned In the law, to assist the Attorney
each appropriation, as made up and determined by the General General In the performance of lsls duties, called the Solicitor
Accounting Office, upon the accounts of disbursing-officers ren- General, who shall be appointed by the President, by and with
dered for settlement. (June 10, 1878, e. 311, § 1, 20 Stat. 167.) the advice and consent of the Senate, and shall be entitled to
273. Balances in hands of disbursing agents; report of a salary of $10,000 a year. In case of a vacancy in the cffice
amounts lost or unaccounted for.-There shall be appended to of Attorney General, or of his absence or disability, the Sollc.
statements mentioned In section 272 of this title an account of itor General shall have power to exercise all the duties of that
'45 T12LI 6.-Xi"iTU.1Vy DEIARTMINTS, OFFICERS, AND EMPLOYkEES
lIv
office. (It. S. j 847; Mar. 8, 1917, c. 10| ! 1, 80 Stat. 1110;
Feb. 27, 1925, c. 804, Title II, 43 Stat. 10Z i)
294. Assistant to Attorney General.- 1ho President is nu-
thorlzen to appoint, byand w th the aC 'Ice and consent of
the Senate, an assistant to the Attorney C .nerl, whose salary
shall be at the rate of $9,000 per annua 'tar. 3, 1003, c. 1000,
§ 1, 32 Stat. 1C2; Oct. 22, 1913, c. 82, 81: Stat. 218; Feb. 27,
1925, c. 364, Title II, 43 Stat. 1023.)
295. Assistant Attorneys General.-Thel ' shall be in the De-
partaaeit of Justice six officers, learned in ihe law, called the
Assistant Attorneys General, who shall b, appointed by the
I'resdent, by and with the advice and coai et of the Senate,
and shall assist the Attorney General and illcltor General In
the performance of their duties. Each of ti n Is entitled to a
salary of $7,500 a. year. (R. S. § 348; J 1 1411, 1890, c. 667,
§ 1, 26 Stat. 205; July 11, 1914, C. 141, § 1, 8 Stat. 497; Mar.
3, 1917, c. 103, § 1, 39 Stat. 1110; MAr. 1, )19, e. 80, § 1, 40
Stat. 1254.)
296. Assistant Attorney General in charg.! of customs mat-
ters; deputy; special attorneys.-There shall be appointed hy
the President, by and with the advice and con 'Iat of tile Senate,
an Assistant Attorney General, 'who shall exeiQis" the functions
of his olllce under the supervislil and contr of the Attorney
General of the United States, alld who shaill hi' paid it salary of
$8,000 per annua: ani there shall also be ppolnted by the
Attoiney General of the Uniled States a ,eputy Assistant
Attorney General, and four attorneys. Said. attorneys shall
act under the imediate direction of said Ali'ilstant Attorney
General, or, in case of his absence or a vaca icy in his ofice,
inder the direction of said Deputy Assistant A!torney General,
and said Assistant Attorney General, Depuy i qkssistaut Attor-
ney General, and attorneys shall have chnrge: pf the interests
of the Government in all matters of reappraise.iwnt and classi-
flention of imported goods and of all litigation 1 1 cident thereto,
and shall represent the Government in all the courts and
before all tribunals wberein the interests of Iie Government
require such representation.
But the Attorney General may, whenever III !its opinion the
pullc interest requires It, employ and retain, in the name of
the United States, such special attorneys and covnselors at law
II the conduct of customs cases as lie may thin t necessary to
assist said Assistant Attorney General In the discl arge of any of
the duties incumbent upon him ani his said subordinates, uni
shall stipulate with such attorneys and counsel ie aniount of
compensation and shall have supervision of thel conduct and
proceedings. (June 10, 1890, c. 407, § 30, 26 Stat. 142; Aug. 5,
19009, c. 6, § 28, 36 Stat. 108; Feb. 27, 1025, c. 36W.4h Stat. 1014.)
297. Solicitors for departments.--There shall Oe in the De-
partment of Justice a solicitor for each of the State, Treasury,
Interior, Commerce, and Labor Departments, and a Solicitor
of Internal Revenue, who shall be appointed by fhe President,
by sld with tie advice and coosent of tile Senate. The officers
nainol in tills scluIon c! ll exercise LhltI ft.lettinns unler the
supervision and control of the head of the Depaict v..t cf .!uq-
tice. (R. 8. § 340, 350; June 19, 1878' c. 329, § 1, 20 Slut.
205; Mar. 3, 1891; c. 541, § 1, 20 Stat. 945; Mar. 18, 1904, c.
716, § 1, 33 Stiat. 135; Mar. 4, 1913, e. 141, § 7, 87 Stat. 738;
July 10, 1914, c. 141, § 1, 38 Stat. 497.)
298. Special assistant to Attorney General to assist in
postal cases.-'rhe employment of a special assistant to the At-
torney General to assist In the defense of eases against the
United States arising out of the transportation of the malls,
and InI other cases or matters affecting the postal revenues, Is
authorized. (July 28, 1910, c. 261, § 1, 39 Stat. 413.)
299. Officials for investigation of official matters in Depart-
ments of Justice and State.-For investigations regarding offi-
cial matters under the control of the Department of Justice
and the Department of State as may be directed by the At-
§ 306
torney General, the Attorney Gonercal Is :uthorlzi d to appoint
officials who shall be vested with the authority uieer1 ary for
the execution of such duies. (Mar. 1, 1921, c. 89, § 1, 41 Stat.
1175; Mar. 4, 1921, c. 1)1, § 1, 41 Sta t. 1410; Jnii 1, 1922, c.
204, Title II, 42 Stat. 613; Jan. 3, 1923 , e. 21, Title II, 43 Stat.
217; Feb. 27, 1925, c. 364, Title II, 4.1 Stitt. 1027.)
300. Officials for detection and prossecution of c.,ime.-or
the detection anli prosecution of crhrues against ,he United
States, and for the acquisition, colle ctiol, clissilication, ani
preservation of criminal ldentificatloi I records and their ex-
change with the oliclis of States, clti(es,and other lnstitutions,
tile Attorney General Is authorlzed to a.lioit otlicials who sihl
lie voted with the authority necessary foc tile executmo of such
duties. (Mar. 1, 1021, c. 89, § 1, 411 Stat. 1175; Mar. 4, 1921,
c. 161. § 1, 41 Stat. 1410; June 1, 1922, c. 204, Title II, -12 Stat.
613; Jan. 3, 1023, c. 21, Title II, 43 Stat 217 ; Feb. 27, 1025, c. 364,
Title I, 43 Stat. 1027.)
301. Officials for investigation of o Mffcial acts, records, and
accounts of mars'ials, attorneys, cl erks of courts, United
States commissioners, referees, and trustees.-For the lnves-
tigation of the official nets, records, a nd accounts of mi)lrshals,
attorneys, and clerks of' the United States courts, find tile
territorial courts, and United States omimissioners, for which
pnrpose all the official papers, records, and dockets of sai oth-
cot's, without exception, shall be examil tied by tie agents of the
Attorney General at any ttne, and for the Investigation of the
olhlhiah nts, records, and accounts of referees and trustees,
when requested by the presiding judg e of such courts, tie At-
torney General is authorized to apol iltolicials who shill be
vested with the authority necessar y for the execution of
Much dutieg. (Mar. 1, 1921, c. 89, § 1, 41 Stat. 1175; Mar. 4,
1921, c. 161, § 1, 41 Stat. 1410; June 1,1922, c. 204, Title IT, 12
8tat. 613; Jan. 3, 1923, c. 21, Title II, 4:3 Stat. 217; Feb. 27, 1925,
c. 364, Title II, 43 Stat. 1027.)
302. Traveling expenses and subsis tence of officers.-Whe.n-
ever the Solicitor General, an attorne y, an assistant attorney,
a specil assistant to the Attorney Get icral, or any other officer
of the Department of Justice is sent by the Attorney General
to ainy State, District, Territory, or cot Iltry to atted to iny il.
terest of the United States the pers"u so seat shall receive, lit
addition to his salary and tile necessi ry expenses of travel, hIs
actual expenses Incurred for subsist once, not to exceed $6
per day while absent from the seat of government, the acciunt
thereof to be verifed by aillavlt. (It S. § 370; March 4, 1112:1,
c. 273, 42 Stilt. 1503.)
303. Opinions and advice of Attorney General; to Presi-
dent.-The Attorney General shall gh ve Ilsadvice and opinion
upon questions of law, N henever rec milred by the Presilent.
(R. S. § 354; Feb. 27, 1877, e. 69, § 1, 19 Stat. 241.)
304. Same; to heads of executive de partments.-The head of
any executive department may require the opiniin of tile Athim-
ney General on any questions of law liIslng In the adfln a List ra-
tion of his department. (R. S. § 356.
305. Publication of oninions.-Ie Attorney (Oeneral shall
front tine to tie cause to be "ditedi. and 1hiitCd at thi Gov-
erinnent Priiiting Office, anl edition o f one thouitiii ctylutj. of
such of the opinions of the law officer s herein auihorized to be
given as lie nny deema valuable for preservatlin In vohlnie%,
which shall be, as to size, quality of ppaper, lirilhilg, and bind-
Ing, of uniform style and appearance, as nearly as practicable,
with volume 8 of such opinions, publilshed, by lobert Farn-
ham, in the year 1868. Each volume s hall coitaln proper head-
notes, a complete and full Index, anid such footnotes as the
Attorney General may approve. Su h volumes shall be dls-
trlbuted In such manner as the Attcirney General may from
time to the prescribe. (R. S. § 383.)
306. Legal services for department s.--Tle ofllcers of the Do-
partment of Justice, under the direct ton of the Attorney Gen.
§ 307 TITLE 5.--BXEGUTI1'r DEP'AR2'APfNTS, OFICER, AND
eral, alial give all opinions and render all services requiring
the shill of persovs learned In the law necessary to enable the'
President and heads of departmenU;. and the heads of bureaus
and other officers in the departments, to discharge their respec-
tive duties; and shall, on behalf of the United States, procure
the proper evidence for, and conduct, prosecute, or defend all
suits and proceedings in the Supreme Court and in the Court
of Claims, in which the United States, or any officer thereof, as
such officer, is a party or may be interested; and no fees shall
be allowed or paid to any other attorney or counselor at law
for any service herein required of tie officers of the Depart-
ment of Justice, except in the cases provided by sectlbn 312 of
this title. (It. S. § 311.)
307. Legal advice to War and Navy Departments.-When-
ever a question of law arises In the administrittion of the De-
lmrtment of War or the Department of the Navy, tre cenzance
of which Is not given by statute to some other officer from whom
the head of the department may require advice, it shall be sent
to the Attorney General, to be by him referrea to the proper
officer in his department, or otherwise disposed of as he may
deem proper. (It. S. I 35T.)
308. Reference of questions to subordinates.-Any question
of law submitted to the Attorney General for his opinion, ex-
cept questions involving a construction of the Constitution of
the United States, may be by him referred to such of his sub-
ordlinates as lie may deem appropriate, and lie may require the
written opinion thereon of tine officer to whom the same nmy be
referred. If the opinion given by such officer is approved by
the Attoriley General, such approval indoised tkereon shall give
tire opinion the same force and effect as belong to the opinions
o the Attorney General. (It. S. § 358.)
309. Conduct and argument of cases by Attorney General
and Solicitor General.-Except when the Attorney General in
particular cases otherwise directs, the Attorney General and
Solicitor General shall conduct and argue stilts and writs of
error and appeals in the Supreme Court axd suits in the Court
of Claims i which tire United States is irterested, and the
Attorney General may, whenever lie deeis it for the interest
of the United States, either In person conduct and argue any
case in any court of tire United States in which tire United
States is interested, or ma'j direct tire Solicitor General or any
officer of the Department of Justice to do so. (R. S. § 359.)
310. Conduct of legal proccedings.--The Attorney General er
airy officer of the Department of Justice, or any attorney or
counselor specially appointed by tire Attorney General under
any provision of law, may, whe threrento specifically directed
by the Attorney General, conduct any kind of legal proceeding,
civil or criminal, including grand Jury proceedings and pro-
ceedings before committing imagistrates, which district attor-
neys inay be by law authurized to conduct, whether or not he
or they lie residents of tire district In which such proceeding Is
brou'it. (June 30, 1900, c. 3935, 34 Stat. 810.)
311. Performance of duty by officers of department.-The
Attorney General neay require any solicitor or officer of the
Dcpartment of Justice to perform any drty required of the
liqiartirent or any ofilce- thereof. (It. S. § 300.)
312. Counsel to aid districi rrtorncy.-Tbo Attorney Gerrer,al
shall, whenever in his opinion the public Interest requires it,
employ and retain, iii tire name of the United States, such at-
torneys and counselors at law as lie may think necessary to
assist the district attorneys fi tire discharge of their duties, and
shall stipulate with such assistant attorneys and counsel the
amount of compensation, and shall have supervision of their
conduct and proceedings. (R. S. § 303.)
313. Attendance of counseh-Whenever the head of a de-
partment or bureau gives the Attorney General due notice that
the Interests of tire United States require the service of counsel
upon the examination of witnesses touching any claim, or upon
4MI)LOY1C B
the legal investigation of any claim, pond ig ix such department
or bureau, the Attorney General shall pr)vide for such service.
(R. S. 1 804.)
314. Counsel fees restricted.--No cou pensation shall be al.
lowed to any person, besides the respective district attorneys
and assistant district attorneys for serv e as an attorney or
counselor to the United States, or to any. branch or department
of the Goverunent thereof, except in cas is specially authorized
by lawf and tfie;only on the certificate oe the Attorney General
that such services' were actually renderopl, and that the samne
could not be performed by the Attorney General, or Solicitor
General, or the officers of the Departmeni of Justice, or by tile
district attorneys. (R. S. § 85.)
315. Appointment and oath of specii attorneys or coun-
sel.-Every attorney or counselor who Is specilly retained,
under the authority of tile Department It Justice, to assist in
the trial of any case in which the Govern, rent is interested, shall
receive a commission from the head of .;uch department, as a
special assistant to the Attorney Generil, or to some one of
tile district attorneys, as the nature of the appointment amy
require; and shall take the oih requir,4 by law to be talen
by the district attorneys, and shall be stbject to all the liabill-
ties imposed upon them by law. Foreign counsel employed by
the Attorney General in special cases shall not be required to
take the oath required by this zectlon. (R. S. 1 306; Fell. 27,
1925, c. 804, Title II, 43 Stat, 1029.)
316. Interest o! United States in pending suits.-The Solici-
tor General, or tiny officer or the Department of Justice, may
be soat by the Attorney General to any State or district in the
Unfteil States to attend to the Interesti of the United States
in any salt pending In any of the court, of the United States,
or in the courts of any State, or to atteojd to any other interest
of the United States. (It. S. § 367.)
317. Superintending district attorneys and marshals.-The
Attorney General shall exercise genertil superintendence and
direction over the attorneys and marslials of all the districts
in the United States and the Territories as to the nanner of
discharging their respective duties; ard tire several district
attorneys and iarshals are required to report to the Attorney
General an account of their official proceedings, and of the state
and condition of their respective offices, in such time and niran-
ncr as the Attorney General iay direct. (R. S. § 302.)
318. Accounts of district attorneys.-The Attorney General
shall exercise general supervisory powers over the accounts
of district attorneys, marshals, clerks, and other officers of tire
courts of the United States. (R. S. § 368.)
319. Requisitions.-The Attorney General shall sign all requil-
sitions for the advance or payment of moneys appropriated for
the Department of Justice, out of the Treasury, subject to the
same control as is exercised on like estimates or accounts by
the General Accounting Office. (It. S. § 309.)
320. Disbursement of moneys.-All moneys drawn out of the
Treasury upon the requisition of the Attorney General shall
be disbursed by such one of the clerics in the Department of
Justice as the Attorney General may designate. (11. 3. § 371.)
321. Disbursement of salaries of judges.-Except as other-
'vIse provided in section 505 of Title 28, Judges receiving
salaries ftnm thc' Trnnmrrrv of tire United Stante4 shall be paid
monthly by the disbursing officer of the Department of Just!co
and to him all certificates of nonabsence or of the cause of ab-
sence of Judges in the Territories shall be sent. Interstate
Commerce Commissioners and other officers, who on July 31,
1894 were paid as Judges are, shall be paid monthly by tire
proper disbursing officer or officers. (July 31, 1894, c. 174,
§ 13, 28 Stat. 210.)
322. Records of office of Solicitor of Treasury.--The Solicitor
of tire Treasury shall have charge, within the Departner:t of
Justice, of the books, papers, and records fornely appertin-
 -2'ITLE 5.-EXPJOUTIVE9 DEPARTMENTS, 01FICERS, AND EMrILO:EES
ing to the office of agent of the Treasury, or to the superln.
teillence of the collection of outstanding direct taxes and inter-
iial duties which have been transferred to him by the act of
May 21), 1830, and remain in his charge; and of the seal
adopted for the office of the Solicitor of tie Treasury. (It. S.
§ 372.)
323. Bonds for suit; liability of district attorney on receiv-
ing.-Whenever the Solicitor of the Treasury receives ifornin-
tion from a vollector of duties that such collector has delivered
any bond for unties to a district attorney for suit, the Solicitor
of the Trei ry shall make such entry thereof as that the
attorney it., / dily appear clargeaile therewith, until the
amounit has been paid to the United States, or lie Irs obtained
judgment thereon and delivered execution to the marshal, or
otherwise been ditly discharged therefrom. (R. S. § 373.)
324. Same; examination of reports of district attorneys and
coilectors.-iTht Sulicltr of the Treai;ury shall make constant
and strict examiantions and comparisons of the reports niade
by collectors of bonds for duties delivered by them to district
attorneys for stilt, and of the returns made by district uttor-
neys Of such bonds so received by tieln. (I. S. § 374.)
325. Same; false reports of.-Whenever It appears that any
collector has made return tIf tiny bond as in stilt, or delivered
for suit, which is not, lit the time, in suit, or delivered for suit,
or hs returned any bond as il suit for the whole amount
thereof, when part thereof has I) en paid to him, or as in suit
for more than Is Lctlllly (1110 thereon, the Solicitor of tie
Treasury shall, immediately upon discovery thereof, coinunicate
the facts to the President of the United States. (R. S. § 375.)
326. Discovery of frauds.-The Solicitor of the Treasury,
under the direction of the Secretary of the Treasury, shall take
cognizance of all frauds or attempted frauds upon the revenue,
and shall exercise a general supervision over the measures for
their prevention an1d detection, and for the prosecution of per-
sons charged with the commission thereof. (It. S. § 376.)
327. Solicitor of Treasury; rules respecting suits.-The So-
licitor of the Treasury shll establish such regulations, not
IlncClsistent with law, with the approbation of the Secretary
of the Treasury, for the observance of collectors of the eus-
tolas, and, with the approbation of the Attorney General, for
the observance of district attorneys and marshals respecting
suits in which the United States are parties, as may l1e deieed
necessary for the just responsibility of those officers, and the
prompt collection of all revenues an( debts due and accruing
to the United States. This section slll not apply to suits for
taxes, forfeitures, or penalties arising under the internal-reve-
nue laws. (R. S. § 377.)
328. Same; report of moneys recovered.-The Solicitor of
tile Treasury shall report till moneys recovered or collected
under his direction to the officer from whom the bond or other
evidence of debt was received, who shall give proper credit
therefor ; and he shall report il like imaniner till credits allowed
by du course of law on anyT suits under his direction. (R. S.
§ 378.)
329. Same; instructions to district attorneys.-The Solicitor
of the Treasury shll have power to Instruct tie district at-
torneys, niarslals, and clerks of tie district courts In all mat-
ters and proceedings appertaining to suits in which the United
States is a party or Itterested, except suits for taxes, penal-
tie-, or forfelturc. under the internal-revenue laws, and to
cause them, or either of then, to reporL to hm from time to
timne any information lie may require in relation to the same.
(R. S. § 379.)
330. Same; suits involving national banks.-All suits and
proceedings arising out of the p:'ovilions of law governing na-
tional banking associations, in hiclh the United Staten or any
of its officers or agents shall be parties, shall be conducted by
§ 338
the district attorneys of the several districts under the direc-
tion a1d supervision of the Solkitor of the Treasury. (I. S.
§ 380.)
331. Duties of United States *ittorneys.-In the prosecutlon
of any suit for 11oney due the Post Office DvI'artment, the
United Slates attorney conducting the s1ume shall obey the
directions which may be given him by the Dcpartment of Jus-
tice. (11. S. § 381.)
332. Proceedings in equity in cases of Post Office Depart-
ment.-When proceedings lit law for money due tie Post (ilce
Department tire fruitless, tie liparmnent of Justice may di-
rect tie Istitution of a suit in cliancery, il tiny United States
district court, to set aside fraullent co,,veyances or trusts,
or attach debts du the defendant, or obtain tiny other proper
exercise of the powers of equity to have satis.faction of (lny
J.llgment vgain;st such defendant. (11. S. § 382.)
333. Report of business and statistics.-It shall le tile duty
of the Attorney General to make to Congress, lit the vo-
meneumnt of each reguilar session, it report of tie business of
til Deplrtment of Justice for the last preceding fiscal year,
11d of any otler matters appertaining thereto that lie 1my
deein proper, including a statenient of the several approprii-
tions which may be placed under its control, the alnount appro-
lrited, and i detailed statement of the amounts used for
defraying tie expenses of the United States courts i each
judicial district; also the statistics of crime under tie laws
of the United States, and q statement of the number of causes,
civil and criainal, pending during the preceding year il each
of the several courts of the United States. (It. S. § 38.1.)
334. Report of expenditure of contingent fund.--Tlie Attor-
ney General slll annually report to Congress, il detail, the
Itemis, aimounts, and causes of expenditure of tie contingent
exponses of this department. (June 20, 1874, c. 328, § 1, 18
Stial. 0O.)
335. Report of payments from appropriations-The Altor-
ney General shall Include il his annual report a statement of
all payments or expenditurcs during any fiscal year out of aly
appropriation fund subject to requisitions by him. (June 30,
1879, c. 52, § 3, 21 Stat. 44i.)
13. Report of additional attorneys and counsel employed.-
The Attorney General shall make an annual r(.iort to Congress
of 1he ulimes of all persons employed or retained its attorneys
or counselors at law to assist 1ny district attorneys ll t11
performance of their duties, statling whre a,,d upon what
business each was employed, and the oumpensation paid to
each. (I. S. § 385.)
337. Report of assistants to district attorneys.-TIlo Attor-
ney General shall, in his annual report to Congress eacllyear,
except as provided in s c!in 591 of Title 28, Ilclde a islate-
ment il detaill sliving for the preceding fiscal year tIe ruuber
of assistant district attorneys employed, the salaries of cah ;
the number of clerical assistants employed for each district
attorney, the sahlries of each ; the amount expended for lnlc.-
sary subsistence, and actual and necessary traveling e xpen'ses
of each district attorney and iIl assistants; the numnber of
office deputies and clerical assistants employed for each
marshal, the salaries paid to each ; tie amount expended for
necessary subsistence and actual and necessary traveling ex-
penses of each marshal and his office deputies, and timnnlber
of field deputy mlarshals employed by e(ch niarshfal andn tile
amount of fees earned by and tIe compensation paid to elel
of them nlit of huch fees. (May 28, 1896, c. 252, § 2:1, 29
Stat. 185.)
338. Distribution of statutes and reports to judges.-The )e-
partment of Justice shall be charged with tie dlstrilbution to
the various judges and courts of the stalutes, reports, and
other judicial documents provided by law. (it. S. § 386.)
§ 339 T1ITLO 5.-EXEUTIVE DEPARTMBh'.I'S, OFFIOERS,
339. Register'of statutes and reports distrilated.-A register
,ff the statutes of the United States and reports of the Supreme
Court- shall be kept, under. the authority of the head of the
Department of Justice, showing the quantity of each kind
received by him from the Secretary of the Interior; and It
shall be is duty to cause to be-entered In such register, and
at the proper time, when, where, and to whom the same, or
any part of them, have been distributed and delivered, a-ad to
report the same to Congress in his annual report. (R. S. §
387.)
Chapter 6.-POST OFFICE IEPARTMENT.
See.
361. Establishment.
302. Seal.
303. Assistant Postmnasters General.
304. Solicitor for Post Offlce 'Department.
365. Oil of office.
306. Purchasing agent.
307. No postal material or supplies manufactured by convict labor.
368. District and central ofllces for distribution of supplies.
36D. Duties or Postmaster General.
1170. Detail of clerks from Postal Service to department.
871. Property in charge of department.
3 72. Postal arrangements with foreign countries.
3T3. Same; publication.
374. Blank agency.
375. Foreign dead letters.
370. Date of orders, entries, contracts.
377. Form of bonds and contracts.
378. Orders and regulations as to accounts.
379. Warrant on quarterly statement of General Accounting Office.
380. Revenues and collections.
381. Deposlt into Treasury.
382. Slning warrants and drafts.
883. Remitting ines, penalties, and forfeitures.
384. Same; balances due United States for public moneys under laws
relating to Postal Service.
385. Discharge of Judgment debtors.
.180. Same; subsequent execution.
387. iepolts of Postmaster General.
388. Same ; estimates of revenues and expenditures.
389. Same: mail transportation.
890. Same; cost of mail mantter franked by departments and Independent
establishments.
301. Same; publication in Official Postal Gulde.
392. Adjustment and settlement of certain claims for damages to
person or property by Postmaster General.
Section 361. Establishment.-There shall be at tile seat of
government an executive department to be known as the Post
Office iepartLient, and a Postmaster General, who shall be the
head thereof, and who shall be appointed by the President, by
and with the advice and consent of the Senate, and who may be
removed in the sa1 manner; and the term of tile Postmaster
General shall be for and during tile term of the President by
whoml e Is appointed, and for one month thereafter, unless
sooner ;'emoved. (It. S. § 388.)
Cross reference: Salary of Postmaster General, see section 3 of this
title.
362. Sea.-Tho Postmaster General shall keep tile seal
adopted for lis department, wiich shall be affixed to all com-
missions of postmasters and others, and used to authenticate
all transcripts nill( copies which mnay be required from his de-
partaet. (R. S. § 395.)
363. Assistant Postmasters General.-Tiere shall be in the
Post Office Department four Assistant Postmasters General,
who shall be appointed by tile President, by and with the ad.
vice and consent of the Senate, find who may be removed in
tie same manner. (R. S. § 389; Mar. 3, 1891, c. 811, § 1, 20
Sltt. 941.)
36,1. Solicitor for Post Office Department.-Ther% shall be
emlployed is tile Post Office Department a Solicitor for the Post
Offlee Department, who shall be appointed by tile Postmaster
General. (l1. S. § 890; July 10, 1914, c. 141, § 1, 38 Stat. 497.)
Cross refereuce: Special assistant to Attorney General to absist In
po'tal cases; sea weetion 298 of tids t!tUo.
N'D EiMPLOYIEBS
365. Oath of office,-IBefore entering upon (lie dutles, ,and
before they shall receive any salary, tie Postmaster General,
and all persons employed in the poutal service, tii1 respectively
take and subscribe before some magistrate or other competent
officer authorized to administer oatlhs by the laws of the Luited
States, or of any State or Territory, the following oath or
affirmation:
"I, A. B. do hereby solemnly swear (or affirm, as the cise
may be,) that I will faithfully ierform all the duties required
of me and abstain from everything forbidden by the laws h.,
relation to the establishmient of post offices amd post roads
within the United States; and that I will honestly and truly
account for and pay over fifly money belonging to tie said
United States which may come Into my possession or control;
and I also further swear (or alfirm) that I will support the
Constitution of tile United States; so help mc God."
This oath or affirmation may be taken before any officer
civil or military holding a commission under the United States.
and such officer is autiorized to administer fill(] certify such
oath or afllrinmtion. (Il. S. §§ 391, :192; Mar. 5, 1874, c. 40,
18 Stat. 19.)
366. Purchasing agent.-There shall be appointed by the
President, by and with the advice "and consent of the Senate,
a purchasing agent for the Post Office Department, who shall
hol office for four years unless sooner removed by the Presi-
dent, find who str1ll give bond to the United States In such sumi
as the Postmaster General may determine, find report direct
to the Postmaster General; and who shall, under such regu-
lations, not inconsistent with existing law, as tile Postaster
General shall prescribe, and sil)ject to his direction aild con-
trol, have supervision of the prchase of all supplies for the
Postal Service.
The purchasing agent, il making purclases for supplies nec-
essary for tile Post Office Department, shall advertise, as pro-
vided by law, and award contracts for such supplies to the
lowest responsible bidder In pursuance of existing law. The
purchaslnt, agent shall have recorded in a book to be kept for
that purpose a true and faithful abstract of all bids made for
furnishing supplies to the Post Office Department, giving til
name of the party bidding, the terms of the offer, the sTun to
I)e paid, aud lie shall keep on flue and preserve all such bids
until the end of the contract term to which they relate. Each
bidder siall have the right to be present, either in person or
by attorney, when the bids are openid, and shall have the
right to examine and inspect 1ll bids. All purchses, adver-
tisements, and contracts for supplies for the Post 0111ce ci)e-
partment shall be made by tie purchasing agent in the name
of the Postmaster General subject to his aI)roval, and il pur-
chasing such supplies preference shall be given to articles of
domestic production and manufacture, conditions of price find
quality being equal. There shall be separate proposals and
separate contracts for each class of material furnished. These
record1s shall be open at all times for the inspection of Con-
gross, and for the Inspection of tilose who may be interested in
such contracts made, or to be made, to furnish supplies to the
Post Office Department. (Apr. 28, 1901, e. 1759, § 3, 33 Stat.
410.)
367. No postal materi.l or supplies manufactured by con-
vict labor.--No contract shall be enterod into by tile Post 0111ce
Department for purchase of materia' or supplies to be nm -
factured by convict labor. (Apr. 28, 1904, c. 1759, § 1, 33 Stat.
435.)
368. District and central offices for distribution of supplies.-
In order to promote economy in the distribution of supplies,
and In quditing and accounting, tile Postmaster General may
designate districts and central offices In such districts through
which supplies shall be distribuled and accounts audited, but
In no case shall tile postmaster at the central station be given