Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-09-27
The Reueal Middle.

"The question as to whether Congress has
really abolished the Office Of Secretary Of the
Interior, and indeed the Interior Department,
seems to be more serious one than at irst
appeared.
ment was created by an act of Sd March, ls49
entitled "An act to establish the Home Depart,
ment, and to provide for the Treasury Depart
ment an Assistant Secretary of the Treasury
at Large, chap. cviii. y. 395.) This act creates
an Interior Department. and provides for the
appointment OF a Secretary. 1t transfers TO
that office (the Interior Department. the su-
pervsion OF patents, of the General Land Of
flee, the accounts of marshals, &c; the Indian
Pension, and Census Bun eaus, and Of the public
buildings and the penitentiary, and il also
creates the office Of Assistant Secretary of the
Treasury, and provides for some details. Sub
sequent legislation added some special duties to
the Office of Secretary of the Interior.
"The late Congress, by Gan act to revise,
consolidate, and amend the statutes relating to
patents and copyrights" approved sth July,
1870, greatly changed the details OF these laws.
IL certainly looked to the continued existence
of the office of Secretary of the Interior. But,
in the repeating clause, it Is EXPIRE sly declared
"that the acts and parts of acts set forth in the
hereby repealed, without reviying any acts or
parts Of acts repealed By any of said acts, or by
any clause or provisions thereof" The prov;so
has some immaterial savings, as to antecedeut
rights. Then, not in the schedule, but in the
repeating section, and before the signatures Of
the officers, is ''act of March 3, 1919, chapter
iUo, fpiulut yr aye O50.
8 Thus, Whatever may be urged as history aud
OF want of legislative intention, in icofis, the
act creating the Offices of Secretary of the Inte-
rior and Assistant Secretary of the Treasury is
repealed. The words are plain and unambigu
GUS. The repeating clause embraces a dozen
other acts, ard whatever may be said against
the repeal OF one may be urged as to all others.
e ana Ssr h
lawyers and judges, when proper cases shall be
made. Now that the discovery is made, ques-
tions must Immediately arise for the Comp
troller, for the Executive, the Department. q:
Justice and the courts The very doubt may
lead to the serious consideration Of an extra
session."
Editor Sdr:-The above extract from TIE STAR
is clear history so far as 1t goes and as an apt
paragraph it will arrest more attention than a
more elaborate article. Nevertheless, for tho
rough understanding OF the stupendous ques-
ton it is necessary to refer to the other acts
which are declared to be repealed in the same
general terms. The whole section is in these
words:
"REPEALING CLAUSE AND scHEDrLE.
"Sec Ill. And be tt further enacted. That the acts
and paris Of acts set forth in the schedule Of acts
cited hereto ann. ked are hereby repealed; without
said act, or by any clause or Provisions therein
That the eSssI hereby enacted
ing under any Of said lays; but all actions and
9i 1 d
menced and prosecuted, aud u already commenced
in the same manner As though th, act had not been
raised: excepting that the remedial provisions Of
ings hereafter commenced: And prorifed also, That
all spplicatt ms 'or patents pending at the time of
the same as though FED after the passafa Sa ~
are enad and nndsr nnhs sny M % .s
acts end all penalties and forfeiures aated there
pros, s.ed; sped Tor, and rec?yered and such
said xrIs Cd
P1RRSS%ie Of statute, ,tted and repena as
the Statutes at Large, iaeindiaz SgcL portions onIv
Sass ' 10 %s Pais"i sss &C. '''''''' 10 as are "''I'
Act of July T. 1885, chapter ST. volume 5, pag, III
March 8: iSf9, chapter S; Volume 5, page page IS a
August %. Is!2, chapter 2j3, volume S, page 5is
August s. 1876, chapter 20, volume 3, page 81
May 2: 1sis; chapter q, volume g. page 23l
M:Ich M:Tch 1ssg ehaEter los vGume page s
Hny1s 1 is l2 sshsp,eE nos volume 10
April q, 1854, chapter So. volume 10, page 276
Hnsust fss1 esspter re soa%e page =
March 3, lss9. chapter 50, volume IL, page 40
March .. is6i, chapter S. Volume Is, S 1age si5 s."
March 5. ISL chapter lO2, volume il, page 100
saTeh 1856 Chapter a. vciume ls page S1ss 5ss 5ss
snne r. - 1866 &C. chapter zap lt, + VOLUME H. page 76
%HIs =: Iss' ssssssT '!sIa%s + ssss s'fs fle -
March s. 1859 Chapter IN Volume i is page Ss
Act Of T. Sosms
nG1s, upe e. M shsS,SF eSsStsE III I 1oams Hass M
February 5. 1859, chapter a2. volume ii, page $50
Ee6I1a.y ,s, Is isSh, ShsptsF M Volume Z page so
February IS ,lsS7, shspter .s,SoIume ii page se
Approved, July S, $50"
The first very important act in the schedule
is An act to provide for the better organiza-
ton, Of the Treasury and for the collection, safe
keeping, transfer and disbursement OF the public
revenue" This Is the act of 9th August, 1916,
statutes at large, chapter 90, volume 3, page SO.
This is generally known as the "Sub-treasury
law, which grew out OF the financial difficulties
Of 1896. And although the paper money system,
modified its hard provisions, yet it forms the
basis OF the chief financial operations of the
government; and its instant repeal would ser-
ously embarrass the Treasury Department. The
same act creates the offices OF assistant treas
urers at New York, Boston, Charleston, and ST.
Louis. Cut off these offices and the complica-
tions are still more increased.
number OF acts, OF no great moment,
are repealed by Like descriptions. Some
of them are only appropriation bills, and
as to these there is this general saving: "inclui-
ing such portions only Of the appropriation bills
referred 10 as applicable to the Patent OEoe.''
OF course the acts which appropriated money
solete, except so far as the pernicious practice
Of riders, which introduced some general rcgu-
lations, was concerned. But the very fact that
this vicious system OF legislation by riders which
tolerated by the constitution is the strongest
argument that the repeating clause Operat,
as the destruction of every act enumerated.
In Georgia, Texas and many other States
no such mischief could occur. BY iileii corr
stnutions it is declared that every law shall
embrace but one object or subject, aud
that shall be expressed In the caption.
That provision was carried into the Constitution
Of the Confederate States. Did such a pro-
vision exist in the Constitution Of the United
States, the difficulty would be easy OF solution.
The law containing these sweeping repeals Is
entitled " An act to revise, consolidate, and
amend the statutes relating to patents and
copyrights" Under the Texas Constitution,
for example, patents and copyrights would
hardly be admissible as "One object" And, IL
admissible. then the repeating section would be
controlled by the object expressed In the caption
and the repeals beyond the laws regulating
patents and copyrights would be unconstitu-
tional. As this provision Of the Texas Consti-
tuition has been substantially copied into many
Of the new State constitutions, the habit or
mind Of many lawyers may lead them to the
conclusion that the descriptive words, - act OF
March 3, 1S49, chapter 10S, volume Q, page $685."
(Which Is the act creating the Interior Depart
ment, &c.J not having been in the legisla-
tive mind, may be rejected from the act
And were there q mandatory restriction. a in