with the actual time they have served as officers or enlisted men in the Regular or Volunteer Navy, etc., do not entitle such officers to any increased pay for services rendered by them prior to March 3, 1883."

Jan.

Cruisers, construction of.-The Secretary of the Navy may 18 A.G.Op. 101, Brewster, 'assent to a modification of the contract for building the 20, 1885. new cruisers where the interests of the Government will not be prejudiced or any statutory provision violated thereby.

(a) Rev. Stat.,

8. 3648; 18 A. G.

(a) Payments for.-The statute cited does not preclude a payment in any case where the money has been actually op., 105, Brewearned and the Government has received an equivalent ster, Jan. 22, 1885. therefor; its object is to prevent payment being made to contractors in advance of the performance of their contracts, whether for services or supplies. (b) Steel cruisers, construction of, authorized.

(b) 25 Stat. L., 472; 24 Stat. L., 7, 151, 154; 23 Stat.

L., 262, 292, 433;

22 Stat. L., 291, 477.

Death of resident on naval reservation.-Where a resident, 19 A. G. Op.. 176, G. A. Jenks, on the naval reservation at Pensacola, Fla., died intestate Act. A. G., Aug. possessed of certain property which is in the hands of the 4, 1888. commandant of the yard: Advised, that the local probate court of the State may properly exercise jurisdiction over the case, and that on the appointment thereby of an administrator of the estate of the deceased the property in the hands of the commandant belonging to such estate should be turned over to the administrator. Deficient naval cadets.—Where certain naval cadets were Rev. Stat., ss. found deficient at the semiannual examination held at Stat. L., 285; act the Naval Academy in January, 1889, and without the Mar. 2, 1889; 15 recommendation of the Academic Board were granted 637; 19 A.G. Op., leaves of absence by the Secretary of the Navy with per- 2, 1889. mission to report to the Superintendent of the Academy to join the next fourth class: Held, that the Secretary had no power to continue these cadets in the Academy without the recommendation of the Academic Board. Department, Navy.-Employees and salaries.

1519, 1525; 22

A. G. Op., 636,

302, Miller, May

23 Stat. L., 183, 413; 18 Stat. L., 11, ch. 4.

Feb. 9,

and 476; 21 A. G.

Departmental clerks, delegation of power. - Departmental, Act 1889, ch. 122, s. 1; clerks, messengers, and laborers are to be appointed and Rev. Stat., s. 169, removed by the head of the Department when not other- also 60 and 194 wise provided by statute. This power can not be dele- Op., 355, gives gated, but must be exercised by the Secretary or Acting Harmon, May 26, Secretary.

Desertion, enticing seamen to commit, what constitutes the offense, and punishment therefor.

full references.

1896.

Rev. Stat., s. 1553; U. S. v. Thompson, 2 Sprague, 165.

Rev. Stat.,8.1621;

Detail for duty, Marine Corps.-The Secretary of the Navy, 26 Stat. L. 62: has authority to detail men to guard and protect property act Mar. 3, 1893; of the Government placed on exhibition at the World's 20 A. G. Op., 576, Olney, Apr. 19, Columbian Exposition. The cost of transportation and 1893. sustenance of such detail must be paid from the fund provided for the Marine Corps and its subsistence, and is only limited by the consideration of the question whether

April 25, 1893.

there are sufficient funds available for that purpose, as to which the Secretary of the Navy is the sole judge. (a) 20 A. G. (a) Subsistence of enlisted men.-The Navy Department is Op., 577, Olney, authorized to pay for the actual subsistence of the enlisted men of the Navy employed in taking care of and preserving the stores and other Government property placed on exhibition at the World's Columbian Exposition under the supervision of the Navy Department in pursuance of law. The expenses necessarily accruing out of the transportation and subsistence of the marines detailed for that purpose may be paid from the fund provided for the Marine Corps and its subsistence.

1882, ch. 389, s. 4; Nathan Plummer v. U. S., 24 C. Cls. R., 517; Rev. Stat., s. 166; 27 Stat. L., 682, ch. 211; 20 A. G. Op., 250, Olney, Mar. 21, 1894.

Act Aug. 5, Detail of clerks.—It is competent for a head of a Department to alter the disposition among the various bureaus and officers of the Department of the clerks allowed by law as he may find it necessary and proper to do, taking care that in no case shall any such clerk be paid from any appropriation made for contingent expenses or for any specific or general purpose, unless such payment is specifically provided for in the law granting the appro priation.

But by act of May 28, 1896 (29 Stats. L., 140, sec. 3) all details must be made by written order of the head of the Department, and must not exceed one hundred and twenty days; but may be renewed from time to time. Rev. Stat., s. Detail of officers on retired list.-In time of war the Presi1413, 1465.

704.

1422; 18 Stat. L., 484.

dent, by and with the advice and consent of the Senate, may detail officers on the retired list for the command of squadrons and single ships, when he believes that the good of the service requires that they shall be so placed in command.

(a) 1 Com. D., (a) Revisers' views.-The revisers regarded these provisions as referring to the late war and as not adapted to the conditions of the service at the time of the revision. Rev. Stat., s. Discharge, manner of.-The statute of March 3, 1875, chapter 155, inserts "or Pacific" after "Atlantic" in second and last lines; inserts, after "States," in third line, "as their enlistment may have occurred on either the Atlantic or Pacific Coast of the United States;" substitutes "enlistment" for "service" in fifth line; strikes out "very " in the sixth line, and adds at end of the section:

All persons enlisted within the limits of the United States may be discharged, on the expiration of their enlistment, either in foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; and that all persons sent home, or detained by a commanding officer, according to the provisions of this act, shall be subject in all respects to the laws and regulations of the government of the Navy until their return to an Atlantic or Pacific port and their regular discharge; and all persons so detained by such officer, or reentering to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port;

and that all persons who shall be so detained beyond their terms of enlistment, or who shall, after the termination of their enlistment, voluntarily reenter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge therefrom, shall receive for the time during which they are so detained, or shall so serve, beyond their original terms of enlistment, an addition of one-fourth of their former pay: Provided, That the shipping articles shall hereafter contain the substance of this section.

1229, 1230; act

Dropping an officer from the rolls.-The sections cited change, Rev. Stat., 88. and make certain the previous laws as to the effect of July 15, 1870, ch. dropping an officer from the rolls.

294, s. 17; 15 Stat. L., 319; act 1865, ch. 79, s. 12, 13 Stat. L., 489; act July 20, 1868, ch. 185; Stat. L., 125; 1 Com. D., 611.

(a) “Any officer dismissed."-This phrase in section 1230, (a) 16 A.G. Op.. cited, is prospective only.

Eight hours to be a day's work.-"Eight hours shall constitute a day's work for all laborers, workmen, and mechanics who may be employed by or on behalf of the Government of the United States."

599; Steiner's Case, 8 A. G. Op., 328.

Rev. Stat., 8.

3738.

tin, 94 U. S., 400;

10

Ct. Cls. R.,276; 16 A. G. Op., 58; 13 A. G. Op., 29; A. G. Op., 520.

12

(a) In the nature of a direction.-This is in the nature of a (a) U.S. v. Mardirection by the Government to its agents; it is not a contract between the Government and its laborers, and does not preclude it from making contracts fixing a different length of time as a day's work. (b) Does not apply in certain cases.-The section, 3738, cited, does not apply to mechanics, workmen, and laborers who are employed by one who has a contract with the Government.

(b) 14 A.G.Op.,

37, 45.

S., 14 Ct. Cls. R.,

(c) Hours of labor in private navy-yards.-The section cited (c) 12 Stat. L., repeals so much of the act of 1862, cited, as required that 587 Averill v. U. the hours of labor in navy-yards should conform to those 200. of private establishments, but not that part of it which required that the rate of wages should conform to the rate paid at such establishments.

U. S., 13 Ct. Cls.

(d) No recourse if pay is accepted for twelve hours as a day's (4) Driscoll v. work.-Independently of the section cited, if an employee R., 15. in the public service works twelve hours per day, is paid and accepts the payment, he can not be heard to allege that every eight hours constituted a day's work under the section.

1892.

Op., 463, Miller of War, Aug. 27,

to the Secretary

Persons in employ of contractors, etc.-The act of August, Act of Aug. 1, 1, 1892, chapter 352, is of general application and the limitation as to public works in said act applies only to such persons as are in the employ of contractors or subcontractors. Laborers or mechanics.-The act is directly applicable to laborers or mechanics working for the Government for wages under ordinary conditions; "at the same time, it is quite apparent that, as to some of them, it might frequently happen that they would be within the emergency exception named in the statute; and as to others, as, for instance, sailors or others on shipboard, or teamsters,

1892.

20 Op.,

454.

their employment being peculiar, they might well be held to be, as a matter of fact, neither laborers nor mechanics within the meaning of this law. Eight hour law, application of.-The eight-hour law does not apply to a contract for furnishing materials such as post-office locks to be used in a Government building. OPG on Atul Timber dry dock, or public work.-A timber dry dock "intended to be a valuable and permanent improvement of real estate belonging to the United States and solely for its use and benefit is to be regarded as one of the "public works of the United States under the eighthour law.

ney General,

Aug. 19, 1892.

Rev. Stat. 8. Eligibility to cadetship in the Naval Academy in respect of

1517; 10 A.G.Op.,

315, 320.

Rev. Stat., s. 1390; 16 A.G.Op., 417, 419; Rev. Stat., s. 1475; act Feb. 24, 1874, ch. 35; 18 Stat. L., 7.

322; act Feb. 26,

1879, ch. 105.

age.

Engineers. The statute changes the title of first assistant engineer to passed assistant engineer, and that of second assistant engineer to assistant engineer, provided that the regulations relating to examinations and amount of sea service previous to each examination be complied with.

(a) 20 Stat. L.: (a) Twenty-five such engineers may be detailed for such scientific schools.-The President is authorized by statute, upon the application of an established scientific school or college within the United States, to detail an officer of this corps as professor in such school or college, the number detailed not to exceed twenty-five at any time; and such details, which are to be governed by rules prescribed by the President, may be withheld or withdrawn whenever, in the judgment of the Presi dent, the public service so requires.

8. 1394; Slaw

(b) Rev. Stat. (b) Chartering steamers.-A naval engineer derives no authority from his office alone to charter a steamer for the use of the Quartermaster's Department.

son's Case, 4 C.

Cls. R., 87.

(c) Rev. Stat.,

L., 340, ch. 318.

See note to 8. 1390.

8. 1476; 23 Stat. (c) President to appoint chief engineer.-Statutes cited authorize the President to nominate and, by and with the advice and consent of the Senate, to appoint one passed assistant engineer, now on the retired list of the Navy, a chief engineer on the retired list of the Navy, with the highest retired pay of that grade.

88. 1484, 1486; 15

A. G. Op., 336; 21
Stat. L., 510.

(d) Rev. Stat. (d) Nongraduates.-The first section cited (1484) operates as an exception to the latter section cited (1486) by excluding therefrom engineer officers graduated at the Naval Academy. Engineer officers not so graduated stand on the same footing with other staff officers, and are entitled to the six years' constructive service.

1888, ch. 591; 25

9

The act cited (21 Stat. L., p. 510, ch. 150) adds at the end of the section (1486) the following provision: "That nothing in this section shall be so construed as to give to any officer of the staff corps precedence of, or a higher relative rank than that of, another staff officer in the same grade and corps, and whose commission in such grade and corps antedates that of such officer."

(e) Act July 2 (e) Cadet engineers.-The section cited provides: "That for the purpose of placing certain cadet engineers (gradu

Stat. L., 241.

ates) in their proper grade and rank in the Navy, the President of the United States be, and is hereby, authorized to appoint, and, by and with the advice and consent of the Senate, commission as assistant engineers in the Navy the cadet engineers of the classes of 1881 and 1882 now in the Navy: Provided, That the commissions of the class of 1881 be dated from July 1, 1883, and their names be placed on the Navy Register immediately after the name of William D. Weaver, and that they take precedence in their grade and corps according to their proficiency as shown by their order of merit at the date of graduation; and that the commissions of the class of 1882 be dated from July 1, 1884, and their names be placed on the Navy Register immediately after the name of Charles E. Rommell, and that they take precedence in their grade and corps according to their proficiency as shown by their order of merit at the date of graduation: Provided, That any of such cadet engineers who failed to pass the physical examination at the Naval Academy made at the time of their graduation shall be subjected to further examinations before receiving their appointments, as above authorized."

(f) Rev. Stat., s. 1523, in part re

392; 18 Stat. L.,

(f) Appointed annually.-The statute of June 22, 1874, chapter 392, repeals so much of the provision in section 1523 pealed by act as provides that cadet engineers, not to exceed fifty in June 22, 1874, ch. number, shall be appointed by the Secretary of the Navy, 191. and provides, repealing inconsistent acts, that cadet engineers shall hereafter be appointed annually by the Secretary of the Navy, and the number appointed each year shall not exceed twenty-five.

(g) Rev. Stat., s. 1524; 18 Stat.

act Aug. 5, 1882.

(g) By statute of February 24, 1874, chapter 35, section 2, the course of instruction at the Naval Academy for cadet L., 17. engineers shall be for four years, instead of two as now provided by law. Engineer Corps.-The active list of the Engineer Corps of the 22 Stat. L., 285; Navy shall hereafter consist of ten chief engineers with the relative rank of captain, fifteen chief engineers with the relative rank of commander, forty-five chief engineers with the relative rank of lieutenant-commander or lieutenant, sixty passed assistant engineers and forty assistant engineers with the relative rank for each as now fixed by law; and after the number of officers in the said grades shall be reduced as above provided, the number in each grade shall not exceed the reduced number which is fixed by the provisions of this act for the several grades. Not to be reduced in rank.-No officer now in the service

See "Active

shall be reduced in rank or deprived of his commission List," p. —. by reason of any provision of the act of August 5, 1882, cited, reducing the number of officers in the several staff corps: Provided, That no further appointments of cadet engineers shall be made by the Secretary of the Navy under section three of the act of 1874 [by which such appointments shall not exceed twenty-five each year].