The National tribune. [volume] (Washington, D.C.) 1877-1917, 1897-06-10

DEPARTMENT OF JUSTICE.
OFFICE OF THE SOLICITOR OF THE
TREASURY,
WASHINGTON. D. c., May IL, 1897. }
HoN. LYMAN ]. GAGE, Secretary of the Treas
ury.
SIR: ] have the honor to acknowledge the
receipt of letter from the Hon. o. L. Spauld-
ing, Acting Secretary of the Treasury. dated
the 18th instant, and its Enclosures, relating to
the assignment Of quarters in Government
buildings TO Boards of Examining Surgeons,
employed in connection with the Pension
Bureau.
The practice, it seems. has not been uniform,
ana the propriety of such assignment has been
tho subject of disagreement between the Com
missioners of Pensions.
The legal question presented for my consid-
GRAFTON is, whether Boards of Examining Sur
geons are United States officials, and such
entitled TO assignment of offices in public
buildings, and to be supplied with heat, light,
carpets, furniture. ice and janitor service from
an appropriation made by Congress for the use
of public buildings under the control Of the
Treasury Department.
No specific provisions have been made by
Congress for the accommodation of such Boards
in public buildings, or for rented quarters
where there public buildings. II might
be suggested that if Congress intended that
Boards of Examining Surgeons should be accom-
modated in the public buildings under the con-
troll of the Treasury Department, it was con-
spicuous oversight not to make provisions for
their comfort and convenience in localities
where there are no public buildings.
But the only question to which ] am to re-
spond is, whether Examining Surgeons in the
Pension Bureau are officers of the United States
An office has been defined to be station OF
| employment conferred by the appointment o.
Government. The term embraces the ideas o
tenure. duration, emoiumenss. and duties
| United States vs.. Hartweli. Wall, $751;
Fog purposes of appointment the Constitu
| tion very clearly divides ali officers Of the
| United States into two classes. First, those re
| curing 10 be nominated by the President aut
| confirmed by the Senate; and. secondly. in
| ferior officers who under authority of Congress
may be appointed by the President alone, By
the courts of law or by the heads Of the Elk
eeufiye Departments
| The Constitution Of the United States is, a
it asserts of itself. the supreme Law Of the land
and no act of Congress is valid that is no
| authorized by it, and no one is properly an Off
Ger OF the United States who has not been az
| pointed in one of the modes prescribed O.
authorized By the Constitution. ARTICLE
! Section 2.
The word Departures" rs used in the Con
stitution means one of the departments or sub
divisions OF the Government into which tn
power of the Executive is. for its convenient q
ercise distributed rs the Department Of State
the Treasury Department, etc. The Pcnsio
Bureau is not Department in the sense q
the Constitution or the acts Of Congress; nor
the head Of that Bureau, or Of any other Burea,
| authorized to appoint officers Of the Unite
States.
i The appointment Of Examining Surgeons
and the organization of Boards of Examinin
Surgeons. is vested in the Commissioner
Pensions by Congress. Section Alta T. s
authorizes the Commissioner of Pensions
organize, at his discretion, Boards Of Exami,
ing Surgeons. etc. Section 4776 empowers III
Secretary of the Interior TO appoint dol
qualified Surgeon as Medical Referee. to a,
under the control and direction of the Commi
sioner of Pensions and who shall liaye chars
of the examination and revision of the repor
of the Examining Surgeons, etc, and certai
Examining Surgeons not exceeding four. ct
Such appointees by the Secretary are officers
the United States.