Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-10-31
pepaTimeat News.

SrArg DEpARrMEsr Royal Decrss Of tho King
Of S.esas,. and Norsooy The following Is . copy
IL translation Of decree issued BY the King OF
Sweden and Norway on the 26th Of September
last received from ! correspondent residing at
Stockholni:
awe, Oscar, BY tho grace of God, King q swe-
dep, Norway, Goths, and Wends, make known
that, in order TO diminish the inconveniences occa
stoned generally by the high prices Of the necessa-
ries Of life, we find good 70 ordan that the follow
ing articles may be imported into the kingdom I'M
til The end Of May, 1856, duty free, namely
tsBreadstuHs, ground or not ground, all kinds
bread, all kinds grain, all kinds; maize; rice, In
the husk or paddy; potatoes and potato meal ;
butter; cheese meat, all kindsi cattle--oxen,
COWS, and young cattle, calves, and swine; pork
fish-salted, all kinds except anchovies, sardhes,
and funny fish dried Or smoked, all kinds ex-
cept salmon and cells tallow; oil, all kinds OF fat
oil, trainoil; stearine; candles--tallow, stearine,
and magazine Has assa.
LET all concerned observe this obediently."
ATTORNEY GEKERAL's OFFICE Brevet Lie'ae-
nant General SCOTS Congress, on the 18th
Of May, 1898, passed an act entitled An act au-
tho-izing the President of the United States TO
raise provisional army, the fifth section Of which
is in the following words: .l4
/" .And DO II Further enacted, That, whenever
the President shall deem 1t expedent, he Is here
by empowered to appoint, by, and with the advice
and consent of the Senate, commander OF the ar
my which may be raised by virtue Of this act, and
who, being commissioned as lieutenant general,
may be authorized to command the armies of the
United States, and shall be entitled 70 the follow
ing pay and emoluments viz: Two hundred and
Atty dollars monthly pay, fifty dollars monthly al
lowance for forage, when the same shall not be
provided by the United States, and forty rations
per day, or money in lieu thereof at the current
price, who shall have authority to appoint from
time to time, such number OF ads, not exceeding
four and secretaries not exceeding two, as he may
judge proper, each to have the rank, pay, and
emoluments OF lieutenant colonel" Il stat. az
Large, PIP. 558, 559.).
And upon the question, whether there is now in
force any law fixing the pay and allowances Of the
grade Of Lieutenant General, it was 5
Held. The provisions Of the fifth section Of
the act Of May 2ath, 1885, have been repealed, in
so far as regards all the Offices which II created, by
subsequent statutes and especially if by no other
effectually and finally, yet certainly by that OF
March I'd, 1921. II
2. IT does not clearly appear chat the provisions
Of the 9th section of the act Of May 28th, 1898,
as to the pay of the grade Of Lieutenant General,
had been repealed either expressly or tacitly, by
any subsequent act, and the same is probably to
DO regarded as having remained in allegiance, capa-
BILE Of renewed legal efficacy, if that rank should at
any time be reestablished, without additional legs-
lation as to its pay and emoluments.
8. The enactment in the joint resolution that the
grade" of Lieutenant-G General he revived does
not have the consequential effect in law to revive
the statute as such, provided the same had pre-
yously been repealed. eas9af NJ
4. But when a statute revives statute or Of.
fee, II Is to be intended If nothing to the contrary
appear, that the statute provision as to pay and
emoluments previously annexed to the grade or
Office is, BY legal consequence, revived, whether
that provision Of the statute had or not been re-
pealed. At ~
5. Hence, the joint resolution must receive one
or the other of these alternative constructions
Either, first 1t intends that the pre-exsting provi
sion Of statute, which fixed the pay of the grade of
lieutenant general had never been repealed, that
the law on that subject was dormant, awaiting the
existence Of an Office, and person to which and
to whom 1t should become applicable, the Office
being supplied by the resolution, and the person
by his appointment to the Office; or secondly, it
Intends assuming that the statute-ofice of lieute
nant general with its pay and emoluments, once
existed, but had been repealed or had fallen into
desuetude to revive that statute-ofce for this oc
casion, and in so doing TO resusctate the statute
pay and emouments Of the Office; and, therefore,
there is now in force law, in the fifth section Of
the act Of May %, l79s, fixing the pay Of the
grade Of ieutenant general
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