United States Congressional Serial Set (Volume 5446) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... deposited, there being no guilt and no lack of good faith, would be, not the remission of a fine or penalty, but the restitution of an amount to which the Government was never justly entitled. But that is not this case, and, for the reasons above set forth, I have the honor to advise you that I concur in the reasoning and conclusion of my predecessors, and that, in my opinion, you have no authority to remit the fines in question. I may add that the later immigration laws have not changed the state of the existing law or enlarged your power in this respect. Very respectfully, CHARLES J. BONAPARTE. The Secretary Of Commerce And Labor. SECOND DEPUTY COMPTROLLER OF THE CURRENCYAPPOINTMENT. The Secretary of the Treasury has no power, under section 169, Revised Statutes, to appoint a person to fill the office of Second Deputy Comptroller of the Currency created by the act of May 22, 1 )08 (35 Stat., 203), no such authority being expressly granted in the act creating that office. The general rule deducible from Article f I, section 2, clause 2, of the Constitution is that in the absence of an express enactment to the contrary, the appointment of any officer of the United States belongs to the President by and with the advice and consent of the Senate. The Second Deputy Comptroller will have power to perform all the duties of the Comptroller and First Deputy Comptroller of the Currency in the absence or disability of those officers. The Secretary of the Treasury, ulon the request of the Comptroller of the Currency and with the approval of the President, may require the Second Deputy Comptroller to execute a voluntary bond in such penalty as may to him seem adequate to protect the public interests. Department Of Justice, June 19, 1908. Sir: I have the honor to ack...