The New York herald., 1870-08-27
uuoIUMENrs or NAVAL esFacsss AND
PogT SUnvAY01S.

PoRT SURVIVORS.
-oo--o---->~>o~->>~~->~~
~..s.c.,.~ Isws-Opinisns Of the Asterney
General.
ne Commissioner OF Customs naA addressed
- following letter to the Secretary OF the Treasury.
vAsch has been referred to tho Attorney General for his
spsnlon, and upon 1t depends the emoluments OF no
naval onicers and surveyors Of . number Of psrts;--
fn the adjustment OF the emolument 2coodnts OF
fAe customs officers OF the ports OF Boston New YORK.
Fhiiadephia Baltimore and New 0Sie0ns under the
80 making appropriation Tor .ae civic and diploma.
nc expenses Of the Soyernment ior the year snalng
sns 50 @ az M Other % sbs sne neder
section to the collectors OF the enumerated ports
hsve oS,n complied with BY this once,
seded by subsequent enactments. IL is not con.
tended that the provisions Of said act were
repcaled by the third and fourth sections OF the act
Of July 81 1885, entitled IAN act to amend the acts
relating 20 oicers employed In ths examination OF
imported merchandise 10 tue district OF New iork.
and Tor other PURPOSES for the reason that the two
acts are Inconsistent with each other the latter,
there ore. operating as repeal OF the iormer
I have the honor to ask tnat you Will request Inc
opinion OF the Attorney General. whether such In
cons.stencies exist between the two acts as 70 pre-
latter virtually repeating the former.
have the honor iurtucr 10 request YOU to ask the
opinion Of the Attorney General whether the egntn
secsion OF tie OF July II, 1870 entitled "An act
making appropriations Tor the legislative, executive
and judicial expenses or the government Tor tne
s 1851, above referred to, 50 lar as relates to the
compensatons OF naval 0incers and surveyors or
the ports above mentioned.
TO the above Injuries or the commissioner oI
C,sstoms the Attorney General returned the follow
ing reply:
DEPARTMENT OF JUSTICE,
WAsBISGroE. ID. Co. August ii, 1870.
Hoo. WILLIAM A. RICHARDSON, Acting secretary OF
ghe Treasury
Six-Your Communication of the 18th inst and
the enclosed leler from the Commissioner OF Gus
~
making appropriations for the civt and diplomatic
Inattersine act Of March 3, 1851, entitled ''An act
services OF the government for the year eniin2 June
20. 1861, and for other purposes (Ninth statutes,
tes, provided in section five. that there should he
paid therea ter
b. Appraisers ports Of B,sicn, New York Phsde
e. ens a. Se po1. q Soan N.M
Philadelphia and New orleans shall each hereafter receive
penses Of coec,Ss The shall rot Be
% ssss S S a. a es o 5s ds sn the
s and IN the fees allowed by Jaw to officers
@ and to an extent wScn w 4. %
prsisers and Assistant Appraisers.
The effect of this section was TO add to the com.
pensation of certain officers and the increase was 70
De made up by sufficient reduction of the number
and pay OF other persons employed In the collection
Of The revenue. The act of July 27, 1866, entitled,
San act TO amend the acts relating TO officers em
pioyed in the examination OF Imported merchandise
In The district Of New York and IOr other purposes
fourteenth statutes, 802-whlcn took enect Septem-
ber l, 1885, abolished the 0ffces appraisers ana
assistant appraisers heretofore authorized by law
I0r tue port OF New YORK and provides for the 70.
pOintment OF one appraiser aud not exceeding ten
assistant appraisers Of $4,000 per annun.
''to he paid out Of the appropriation Tor
aefraying the expenses OF co.lectlng the
revenue" You request my opinion upon the ques.
ton whether section fv0 Is repeal .d far AS IL
Iates 10 the appraisers and assistant appraisers OF
the port OF New York, but no further These offices,
they existed at the date OF the act or 1866
on the lst day Of september III that year. and all
the provisions Tor compromising the officers ceased
wit f.e a m n IL
stantially the same functions, but created by the
very terms Of the act in lieu OF the former ones came
compensation different from that by which former
officers had been paid. The act OF ls68 being In.
CONSISTENT with part OF the act OF 1851 excepttnc
thc provisions OF the latter act relating to
She appraisers and assistant appraisers at
New York, repeal no other part or 1t.
OF July II, 1870 entitled "An act making app Opra'
tions Tor the legislative, executive aad judicial
spenses OF the government ior the year endag June
go lS7l repeas The act VI 1881, above erred to,
GERS and surveyors OF the ports above mention j.
think II uoes not. That section gives to naval of-
GERS and surveyors maximum compensa-
ton OF $1,000 and s4,5oo, respectively, out
OF any and all fees and emoiuments Ivy
them received. This means the lawful fees only
The act OF 1851 reduced their fees. In c0mmoI with
those OF other revenue Officers enough to provide
the additional compensation gwen by that act to
the appraisers and assistant appraisers OF the
enume iated ports. The act OF July IL, 1870, does
officers 10 ietan tie fees at their own option up to
greater maximum than before. Very respectfully.
your Obedient servant.
A. T. AKERMAN, Attorney General.
This decision Ia OF very considerable importance
TO your city.