New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-08

| AppIONcN, JUNO low.
fPUBLIC-No. 97.1
AN ACT to establish the Department of
| Justice.
| Be it enacted by the Senate and House of
| Representatives of the United States of
America, in Congress assembled, That there
shall be, and is hereby, established, an ex-
| ecutive department of the government of
the United States to be called the Depart
ment of Justice, of which the Attorney
| General shall be the head. His duties,
salary, and tenure of office shall remain as
now fixed by lax, except SO far as they may
be modified by this act
| SEC. 2 And be it further enacted, That
there shall be in said department an officer
| learned in the law, to assist the Attorney
to be called the Solicitor General, and who,
| in case of a vacancy in the office of AttOr
| ney General, or in his absence or disability,
| shall have power to exercise all the duties
of that office. There shall also be continued
| in said department the two other
officers learned in the law, called
| the assistants of the Attorney
General, whose duty it shall be to assist
the Attorney General and Solicitor General
| in the performance of their duties, as now
required by law.
| Sec. 3. And be it further enacted. That
| from and after the time when this act takes
| effect, the solicitor of the treasury and his
assistants, the solicitor of internal revenue.
| the solicitor and naval Judge advocate gen
eral, who shall hereafter be known as the
naval solicitor, and the clerks, messengers,
and laborers employed in the office of the
| Attorney General, and in the offices of the
| solicitor of the treasury. naval solicitor, and
| solicitor of internal revenue. and the law
| officer in the Department of State, now
| designated as the examiner of claims in said
department, shall be transferred from the
| departments with which they are now asso-
ciated to the Department of Justice: and
| said officers shall exercise their functions
| under the supervision and control of the
| head of the Department of Justice.
Sec. 4. And be it further enacted, That
| questions of law submitted to the Attorney
| General for his opinion, except questions in
| volving a construction OF the Constitution
| of the United States, may be by him re-
| ferred to such of his subordinates as he may
| deem appropriate, and he may require the
| written opinion thereon OF the officer to
| whom the same may be referred: and if the
| opinion given by such officer shall be APP
| proved by the Attorney General, such ap-
| proval so Endorsed thereon shall give the
| opinion the same force and effect as belong
| to the opinions of the Attorney General.
SEC. ). And be it further enacted. That
whenever the Attorney General deems it
necessary, he may require the Solicitor Cen
eral to argue any case i'll which the govern
| ment is interested before the Court of
| Claims; and as to eases coming by appeal
! from the Court of Claims to the Supreme
| Court of the United States. it shall be the
| duty of the Attorney General and Solicitor
| General to conduct and argue them before
| that court as i'll other cases in which the
| United States is interested. And the Attor
ney General may, whenever he deems it for
| the interest of the United States, conduct
! and argue any case in which the govern
| ment is interested, in any court of the
United States, or may require the Solicitor
General or any officer of his department to
| do So And the Solicitor General, or any
| officer of the Department of Justice, may
| be sent by the Attorney General to any
State or district in the United States to at
| tend to the interests of the United States
| in any suit pending in any OF the courts
| of the United States, or in the courts
of any State, or to attend to any
| other interests of the United States; for
| which service they shall receive, in addi-
| ton to their salaries, their actual and ne
| cessary expenses while so absent from the
| seat of government, the account thereof to
be verified by affidavit.
SEC. 6. And be it further enacted, That
whenever question of law arises IN the adj
ministration, either of the War or Navy De-
given bv statute to some other officer
| from whom the head of either of
these departments may require advice,
| the same shall be sent TO the At
tolney General, to be by him referred
| to the proper officer in his department. pro,
| yided for in this act, or otherwise disposed
| of as he may deem proper; and each head
| of any department of the government may
| REQUIRE the opinion of the Attorney General
| on all questions of law arising IN the adj
ministration of their respective depart
| ments.
SEC. 7. And be it further enacted, That
| the duties enjoined upon tie Ave- tor al the
POstoffce Department hN ~ ."urteehth
! section of the act entitled An aCt tn change
| the organization of the Postoihce Depart
ment. and to provide more eifectually for
the settlement of the accounts thereof
passed July two, eighteen hundred and
| thirtv-six. shall hereafter bc performed by
| some officer Of the Department. OF Jurtice,
| to be specially designated, under the dlrec-
| ton of the Attorney General who shah also
| have the care of prosecutions Tor mal dep
| relations and penal otfenses against the
postal laws.
SEC 8. And be it further enacted, That
| the Attorney General is hereby empowered
| to make all necessary rules and regulations
| for the government OF said Department OF
Justice, and for the management and dlst1l-
button of its business q.
SEC. 9. And be it further enacted, That
the several officers hereinbefore transferred
from the other departments to the Depart
ment of Justice shall hold their respective
offices until their successors are duly
qualified; and the Solicitor General, and
whenever vacancies occur, the assistants of
the Attorney General, and all the solicitors
and assistant solicitors mentioned In this
act shall be appointed 6y the ten oy
ate All the other officers, clerks, and en-
ployes in the said department shall be ap-
pointed and be removable by the Attorney
General.
Sec. 10. And be it further enacted, That
the following annual salaries shall be paid
to the officers hereinbefore mentioned: To
the Solicitor General, seven thousand five