proper execution of Act June 9, 1910, c. 268, regulating equipment, etc., of certain motor boats, by section 8 of that act, post, § 8285. Appropriations for the offices, bureaus, etc., established by this act in the Department of Commerce and Labor, were made under that head in the subsequent legislative, executive, and judicial appropriation acts. Such appropriations for the fiscal year 1917 were by Act May 10, 1916, c. 117, § 1, 39 Stat. Notes of Decisions Correspondence with collectors of customs.-The Secretary of Commerce and Labor is not required, in the execution of the duties imposed upon him to correspond with collectors of customs through the Secretary of the Treasury. (1903) 25 Op. Atty. Gen. 3. Assignment of rooms in public buildings. The duty of assigning suitable offices and rooms in public buildings for the use of United States shipping commissioners, imposed upon the Secretary of the Treasury by Act March 3, 1897, section 8296, post, was not affected by this act. (1904) 25 Op. Atty. Gen. 117. Power over Director of the Census. -The Secretary of Commerce and Labor is authorized, under this act, to require the Director of the Census to provide a seal for that office, as directed by section 31 of the Act of March 3, 1899 (30 Stat. 1021), and to give it a device in accordance with his (the Secretary's) views. (1903) 25 Op. Atty. Gen. 1. The Census Office is an integral part of the Department of Commerce and Labor, and as such is subject to the direction of the Secretary of that Department. (1903) 25 Op. Atty. Gen. 11. Powers over anchorage and anchorage grounds.-Matters arising under sections 9947, 9950, 9954, 9957, post, have been transferred by this section, and section 859, post, from the Treasury Department to the Department of Com(1903) 25 Op. Atty. Gen. 37. merce. Cited without definite application, Pearson v. Williams (1906) 26 Sup. Ct. 608, 609, 202 U. S. 281, 50 L. Ed. 1029; McDonald & Johnson v. Southern Express Co. (C. C. 1904) 13 Fed. 282. § 858. (Act Feb. 14, 1903, c. 552, § 7.) Control of fur-seal and other fisheries of Alaska; of immigration; of exclusion of Chinese. The jurisdiction, supervision and control now possessed and exercised by the Department of the Treasury over the fur-seal, salmon and other fisheries of Alaska and over the immigration of aliens into the United States, its waters, territories and any place subject to the jurisdiction thereof, are hereby transferred and vested in the Department of Commerce and Labor: Provided, That nothing contained in this Act shall be construed to alter the method of collecting and accounting for the head-tax prescribed by section one of the Act entitled "An Act to regulate immigration," approved August third, eighteen hundred and eighty-two. That the authority, power and jurisdiction now possessed and exercised by the Secretary of the Treasury by virtue of any law in relation to the exclusion from and the residence within the United States, its territories and the District of Columbia, of Chinese and persons of Chinese descent, are hereby transferred to and conferred upon the Secretary of Commerce and Labor, and the authority, power and jurisdiction in relation thereto now vested by law or treaty in the collectors of customs and the collectors of internal revenue, are hereby conferred upon and vested in such officers under the control of the Commissioner-General of Immigration, as the Secretary of Commerce and Labor may designate therefor. (32 Stat. 828.) See note to section 1 of this act, ante, § 853, as to change of designations of Department and of Secretary. The Bureau of Immigration and Naturalization in the Department, under direction and control of the Secretary, was given charge of all matters concerning the naturalization of aliens, by a provision of the Naturalization Act of June 29, 1906, c. 3592, § 1, post, § 962. But the Bureau of Immigration and the Immigration Service at large were transferred from the Department to the new Department of Labor, by the act creating that Department, Act March 4, 1913, c. 141, § 3, post, § 934. Act Aug. 3, 1882, c. 376, § 1, 22 Stat. 214, mentioned in this section, was the Immigration Act of 1882, which was superseded by subsequent acts relating to the same subject. The Secretary was empowered and required to carry out and enforce the provisions of Act June 26, 1906, c. 3547, for the protection and regulation of the fisheries of Alaska, and to depute officers and employés of the Department for the performance of the work required, by various sections of that act, post, §§ 2628-2638. The Secretary was empowered to authorize the killing of fur seals and the taking of sealskins on the Pribilof Islands, in Alaska, and various powers and duties are conferred and imposed on him in connection with the regulation of the killing, etc., of fur seals and other fur bearing animals in Alaska, by Act April 21, 1910, c. 183, post, §§ 8856-8858. Notes of Decisions Revenue Cutter Service employed in protection of seal fisheries.-Appropriations for the Revenue Cutter Service will continue to be expended by the Secretary of the Treasury, except such portions, if any, as may be applied to extraordinary business concerning seal protection, which latter will be under the control of the Secretary of Commerce and Labor. (1903) 25 Op. Atty. Gen. 4. Vessels assigned by authority of the President to the protection of the seal fisheries will henceforth, while so assigned, be subject to the direction of the Secretary of Commerce and Labor in respect to those duties, but their internal government and duties concerning the revenue while thus engaged will be under the Secretary of the Treasury. Id. This act does not transfer to the Department of Commerce and Labor the Revenue Cutter Service or any of its vessels or officers, and the Secretary of the Treasury is not authorized by the act, or otherwise, to assign revenue vessels to the duty of seal protection. Id. Fur-bearing animals other than seals. --The Secretary of Commerce and Labor has no authority to regulate the killing of fur-bearing animals in Alaska, other than fur-bearing seals. (1905) 25 Op. Atty. Gen. 497. Lease of islands for purpose of propagation of fur-bearing animals.-The Secretary of Commerce and Labor has the same authority over the islands of St. Paul and St. George, Alaska, that was possessed by the Secretary of the Treasury, and he may therefore lease those islands to the North American Commercial Company for the propagation of blue foxes. (1905) 25 Op. Atty. Gen. 497. Exclusion and deportation of Chinese. -A proceeding for the exclusion of a Chinese alien in the first instance is within the jurisdiction of the Chinese inspector, from whom an appeal may be taken to the Department of Commerce and Labor, after which resort may be had to the courts if the decision is adverse to the persons seeking admission. Ex parte Lee Kow (C. C. 1908) 161 Fed. 592. Rules of the Department of Commerce and Labor respecting the exclusion of Chinese persons have the force and effect of law when not inconsistent with it or with the Constitution or the treaty with China. Ex parte Chow Chok (C. C. 1908) 161 Fed. 627, order affirm ed Chow Chok v. U. S. (1998) 163 Fed. 1021, 90 C. C. A. 230. A return to a writ of habeas corpus by an alleged Chinese alien, showing that defendant was an officer of immigration under control of the commissioner general in charge of the port where the alien attempted to enter, by designation of the Secretary of Commerce and Labor, and that he held such Chinese person as such officer, sufficiently showed authority for the detention. In re Moy Quong Shing (D. C. 1903) 125 Fed. 641. The executive officers of the Department of Commerce and Labor have authority to determine whether or not a Chinese person seeking admission had been born in the United States, and was therefore a citizen entitled to enter. Id. The Department of Commerce and Labor has authority to prescribe rules of evidence relating to presumptions and burden of proof in the determination of an alien's right to admission. Id. Laws which confer judicial discretion upon administrative officers must be construed with a degree of strictness requisite to make them consonant with the spirit of the fundamental doctrines of the Constitution, and the power conferred on the Secretary of Commerce and Labor by the Chinese exclusion act to finally determine on appeal the right to enter the United States by a person who claims to be a native-born citizen cannot be exercised by an acting secretary, in accordance with a recommendation made by himself as a solicitor of the Department adverse to the appellant. In re Tang Tun (D. C. 1908) 161 Fed. 618, judgment affirmed In re Can Pon (1909) 168 Fed. 479, 93 C. C. A. 635, and judgment reversed In re Tang Tun (1909) 168 Fed. 488, 93 C. C. A. 644, which is affirmed Tang Tun v. Edsell (1912) 32 Sup. Ct. 359, 223 U. S. 673, 56 L. Ed. 606. Where an appeal was taken to the Secretary of Commerce and Labor from a deportation order, the fact that a "memorandum for the acting secretary," signed by the Commissioner General, was added to the record before it was acted on, and contained remarks on the evidence and a recommendation that the decision be affirmed, was immaterial, and did not indicate that the officer whose duty it was to determine the appeal did not do so himself. In re Jem Yuen (D. C. 1910) 188 Fed. 350. Cited without definite application, Pearson v. Williams (1906) 26 Sup. Ct. 608, 609, 202 U. S. 281, 50 L. Ed. 1029; 814; Ex parte Chow Chok (C. C. 1908) In re Ong Lung (C. C. 1903) 125 Fed. 161 Fed. 627. § 859. (Act Feb. 14, 1903, c. 552, § 10.) Transfer of duties, powers, etc., of heads of executive departments over bureaus, offices, etc., transferred to Department, and of duties, powers, etc., of Secretary of Treasury as to shipping, seamen, etc. All duties performed and all power and authority now possessed or exercised by the head of any executive department in and over any bureau, office, officer, board, branch, or division of the public service by this Act transferred to the Department of Commerce and Labor, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch or division of the public service, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Commerce and Labor. All duties, power, authority and jurisdiction, whether supervisory, appellate or otherwise, now imposed or conferred upon the Secretary of the Treasury by Acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bills of sale, transfers, entry, clearance, movements and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by Acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power and relating to the remission or refund of fines, penalties, forfeitures, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to informer's shares of such fines, and by Acts of Congress relating to the Commissioner and Bureau of Navigation, Shipping Commissioners, their officers and employees, Steamboat-Inspection Service and any of the officials thereof, shall be and hereby are transferred to and imposed and conferred upon the Secretary of Commerce and Labor from and after the time of the transfer of the Bureau of Navigation, the Shipping Commissioners and the Steamboat-Inspection Service to the Department of Commerce and Labor, and shall not thereafter be imposed upon or exercised by the Secretary of the Treasury. And all Acts or parts of Acts inconsistent with this Act are, so far as inconsistent, hereby repealed. (32 Stat. 829.) See note to section 1 of this act, ante, § 853, as to change of designations of Department and of Secretary. Similar provisions for transfer of executive powers, etc., of other departments, upon the transfer of any office, bureau, etc., therefrom, under section 12 of this act, are contained in that section, post, § 860. Notes of Authority of Secretary of Commerce and Labor.-The Secretary of Commerce and Labor is not authorized by law to consolidate the Bureau of Manufactures and the Bureau of Statistics into one bureau called the Bureau of Foreign and Domestic Commerce. (1909) 27 Op. Atty. Gen. 542. He is authorized to require the Director of the Census to provide a seal for that office, as directed by section 31 of the Act of March 3, 1899 (30 Stat. 1021), and to give it a device in accordance with his (the Secretary's) views. There is nothing in the nature of this duty that is judicial or quasi Decisions judicial, or of such a character that its performance should not be subject to the direction of the head of the Department. (1903) 25 Op. Atty. Gen. 1. He is authorized to change the names of the Department of Labor, the Fish Commission, and other offices thereto assigned, as the business and good government of his Department requires. (1903) 24 Op. Atty. Gen. 697. He has authority to sell a windmill formerly used for pumping water at the oyster claire, Lynnhaven, Va., but which is no longer needed or used for that purpose. (1906) 25 Op. Atty. Gen. 567. He has no authority to direct the dis continuance of a suit for the recovery of a fine or penalty imposed for a violation of New York Harbor Act June 29, 1888 (25 Stat. 209), nor did the Secretary of the Treasury have such power prior to the taking effect of the act creating the Department of Commerce and Labor. (1904) 25 Op. Atty. Gen. 220. The power and authority to designate lines dividing the high seas from rivers, harbors, and inland waters, conferred upon the Secretary of the Treasury by section 2 of the Act of Feb. 19, 1895 (28 Stat. 672), was, by section 10 of the Act of Feb. 14, 1903 (32 Stat. 829), transferred to the Secretary of Commerce and Labor. (1904) 25 Op. Atty. Gen. 149. He has no authority to remit or to reduce a fine or penalty imposed under section 15 of the act of March 3, 1903 (32 Stat. 1217), for failure to comply with sections 12-14 of that act in regard to the manifests or lists of alien passengers required to be furnished by masters of vessels arriving within the United States; such power not having been specifically conferred by Congress. (1905) 25 Op. Atty. Gen. 336. He is not authorized by section 4462, R. S., section 8224, post, to amend, modify, or repeal existing regulations or to adopt new regulations for the enforcement of the provisions of title 52, R. S. (this title), entitled "Regulation of Steam Vessels," without prior action thereon by the Board of Supervising Inspectors. The Secretary has therefore no authority whatever in the matter, except as conferred by section 4405, R. S., section 8159, post. (1903) 25 Op. Atty. Gen. 67. He is not required, in the execution of the duties imposed upon him by this act, to correspond with collectors of customs through the Secretary of the Treasury. (1903) 25 Op. Atty. Gen. 3. He has supervisory authority to inquire and determine whether the Passenger Act of 1882 has been violated, and the extent of such violation. This act does not confer on the department greater power to remit fines and penalties under R. S. § 5294, post, § 10135, than was exercised by the Secretary of the Treasury. Findley v. U. S. (1915) 225 Fed. 337, 139 C. C. A. 207. Anchorage and anchorage grounds.— Matters arising under sections 9947, 9950, 9954, 9957, post, have been transferred by section 857, ante, and this section from the Treasury Department to the Department of Commerce. (1903) 25 Op. Atty. Gen. 37. Boarding of vessels.-The execution of Act March 31, 1900 (31 Stat. 58), entitled "An act concerning the boarding of vessels," has been transferred from the Secretary of the Treasury to the Secretary of Commerce and Labor. (1903) 25 Op. Atty. Gen. 51. Certificates of registry of vessels.The question as to whether the expense of preparing such blank forms and furnishing them to collectors can be paid out of the appropriation for defraying the expenses for collecting the revenue from customs is peculiarly one for the Comptroller of the Treasury to decide. (1901) 23 Op. Atty. Gen. 468; (1903) 25 Op. Atty. Gen. 49. The duty imposed upon the Secretary of the Treasury by section 4158, R. S., section 7739, post, of transmitting to collectors of customs blank forms of certificates of registry of vessels, was by Act Feb. 14, 1903 (32 Stat. 825), transferred to the Secretary of Commerce and Labor. (1903) 25 Op. Atty. Gen. 49. Cited without definite application, Pearson v. Williams (1906) 26 Sup. Ct. 608, 609, 202 U. S. 281, 50 L. Ed. 1029. § 860. (Act Feb. 14, 1903, c. 552, § 12.) Transfer of offices, bureaus, etc., engaged in statistical or scientific work, from certain Departments, authorized. That the President be, and he is hereby, authorized, by order in writing, to transfer at any time the whole or any part of any office, bureau, division or other branch of the public service engaged in statistical or scientific work, from the Department of State, the Department of the Treasury, the Department of War, the Department of Justice, the Post-Office Department, the Department of the Navy or the Department of the Interior, to the Department of Commerce and Labor; and in every such case the duties and authority performed. by and conferred by law upon such office, bureau, division or other branch of the public service, or the part thereof so transferred, shall be thereby transferred with such office, bureau, division or other branch of the public service, or the part thereof which is so transferred. And all power and authority conferred by law, both supervisory and appellate, upon the department from which such transfer is made, or the Secretary thereof, in relation to the said office, bureau, division or other branch of the public service, or the part thereof so trans ferred, shall immediately, when such transfer is so ordered by the President, be fully conferred upon and vested in the Department of Commerce and Labor, or the Secretary thereof, as the case may be, as to the whole or part of such office, bureau, division or other branch of the public service so transferred. (32 Stat. 830.) See note to section 1 of this act, ante, § 853, as to change of designations of Department and of Secretary. § 861. (Act Feb. 14, 1903, c. 552, § 9.) Custody of Department buildings, property, records, etc.; grades and salaries of officers, clerks, and employés transferred; work and duties of bureaus, offices, etc., transferred. The Secretary of Commerce and Labor shall have charge, in the buildings or premises occupied by or appropriated to the Department of Commerce and Labor, of the library, furniture, fixtures, records, and other property pertaining to it or hereafter acquired for use in its business; and he shall be allowed to expend for periodicals and the purposes of the library, and for the rental of appropriate quarters for the accommodation of the Department of Commerce and Labor within the District of Columbia, and for all other incidental expenses, such sums as Congress may provide from time to time: Provided, however, That where any office, bureau, or branch of the public service transferred to the Department of Commerce and Labor by this Act is occupying rented buildings or premises, it may still continue to do so until other suitable quarters are provided for its use: And provided further, That all officers, clerks, and employees now employed in or by any of the bureaus, offices, departments, or branches of the public service in this Act transferred to the Department of Commerce and Labor are each and all hereby transferred to said Department at their present grades and salaries, except where otherwise provided in this Act: And provided further, That all laws prescribing the work and defining the duties of the several bureaus, offices, departments, or branches of the public service by this Act transferred to and made a part of the Department of Commerce and Labor shall, so far as the same are not in conflict with the provisions of this Act, remain in full force and effect until otherwise provided by law. (32 Stat. 829.) See note to section 1 of this act, ante, § 853, as to change of designations of § 862. (R. S. § 211.) Publication of commercial information. Act Aug. 18, 1856, c. 127, § 22, 11 Stat. 60. The duties and powers of the Secretary of State in regard to publication of commercial information, under this section, were vested in the Secretary of Commerce, by provisions of the act establishing the Department of Commerce, Act Feb. 14, 1903, c. 552, §§ 4, 5, 10, 12, ante, §§ 857, 859, 860, and post, § 875, which transferred to the Department the Bureau of Foreign Commerce, previously in the Department of State, and consolidated that Bureau with the Bureau of Statistics, transferred from the Treasury Department, and gave the Secretary of Commerce "control of the work of gathering and distributing statistical information naturally relating to the subjects confided to his Department," and further vested in him the duties, powers, etc., possessed or exercised by the head of any Executive Department over any branch of the public service transferred by the act to the Department of Commerce. Consuls and commercial agents were required to procure and transmit commercial information to the Department of State, by R. S. § 1712, post, § 3167. But by Act Feb. 14, 1903, c. 552, § 5, post, § 875, all consular officers were required to gather and compile information and statistics in respect to such subjects, and to send reports thereof, as often as required by the Secretary |