New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-20
Tpr-pJIc-NO. GIL


AN ACT to establish the Department OF
Justice.
BE if 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 ofhcer
learned in the law, to assist the Attorney
General in the performance OF bis duties,
to be called the Solicitor General and who,
in case of vacancy in the office OF Attor-
ney General, or in his absence or disa9lli!y,
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.
c,al. 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. H. And be it further enacted, That
questions of law submitted to the Attorney
General for his opinion, except questions in
yolyinr 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 opiniou 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 APP
prevail so indorsed thereon shall give the
opinion the same force and effect as belong
to the opinions OF the Attorney General;
SEC s. And be it further enacted, That
whenever the Attorney General deems 1t
necessary. he may require the Solicitor Gen.
eral to argue any case in which the govern
ment is interested before the Court OF
Claims; and as to cases 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 in other cases in which the
United States is interested. And the Attor-
new 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
he 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 III the courts
of anv State. or to attend to any
other interests of the United States; fol
which service they shall receive, in addi
ton to their salaries. their actual and ne
cessarv expenses while so absent from the
seat Of government. the account thereof tt
be verified by affidavit.
SEC. 6. And be it further enacted, Tha
whenever q question of law arises in the ad
ministration, either of the War or Navy DE
partment, the cognizance of which is no
given by statute to some other once