CUSTOMS LAWS-Continued.

13. Duties on Goods Coming from Tutuila.-In view of the convention concluded by the United States, Great Britain, and Germany on December 2, 1899 (31 Stat., 1878), the island of Tutuila is not a foreign country within the meaning of our tariff laws, and goods coming into the United States from that island are not subject to duty. 629.

14. Duties on Spanish Publications—Philippine Islands.-All such Spanish scientific, literary, and artistic works, not subversive of public order, which are published in Spain and thence imported into the Philippine Islands as were entitled to free entry into those islands under the Spanish tariff in force when our Government began to exercise authority therein, are entitled, under Article XIII of the treaty of peace with Spain (30 Stat., 1760), to continue to be admitted free of import duty and of the duty or charge of 2 per cent ad valorem for harbor and commercial improvement charges under section 20 of the Philippine tariff, for the period of ten years from the date of the exchange of the ratifications of the treaty, which privilege includes the bindings in which such works, if publications, are inclosed, provided such bindings were previously admitted free. 115.

15. Fur-Seal Skins-Right to Entry-Burden of Proof.-Section 9 of the act of December 29, 1897 (30 Stat., 227), and the Treasury regulations made in pursuance thereof, which prohibit the importation into the United States of fur-seal skins taken in the waters mentioned in that act, impose upon the importer the burden of showing the right to entry of any fur-seal skin. 63.

16. Same-Former Acquittal on Charge of Smuggling.-That burden rests and remains upon the claimant, and neither an acquittal on the charge of smuggling, nor any other proceeding under the customs-revenue laws, have the effect of shifting the burden of proof in the entirely distinct proceeding to forfeit seal skins brought into the United States in violation of that act. Ib. 17. Same-Not a Bar to Proceedings in rem.-An acquittal upon the charge of smuggling, under section 2865, Revised Statutes, and of illegal importation under section 3082, is not a bar to a proceeding in rem to forfeit the goods, the subject of the charge of smuggling and illegal importation, under sections 2802 and 3061, Revised Statutes. Ib.

18. Same-Evidence. To support an indictment under sections 2865 and 3082, Revised Statutes, there must be sufficient evidence of a criminal intent, while a proceeding in rem to forfeit, under sections 2802 and 3061, Revised Statutes, presents a civil liability rather than an offense, and does not require proof of such intent. Ib.

19. "Household Effects"-Cows.-The term "household effects" as used in paragraph 504 of the act of July.24, 1897 (30 Stat., 196), properly includes cows when kept for household use. 310.

CUSTOMS LAWS-Continued.

Ib.

20. Same. That term includes not only those things necessarily kept within the house, but comprises everything that contributes to the use or convenience of a householder. 21. Same-Treasury Department's Ruling.-The Attorney-General recommends that the ruling heretofore adopted by the Treasury Department that cows are not "household effects” be changed to hold that they are such effects. Ib.

22. Lead Ores-Reexportation-Duties.-The six months within which the refined metal produced from imported lead-bearing ores must be reexported or the regular duties paid thereon, under section 29 and paragraph 181 of the tariff act of July 24, 1897 (30 Stat., 166), means six months from the date of the receipt of the ore by the manufacturer at his bonded smelting establishment, and not six months from the date of the receipt of the ore at its port of entry. 46.

23. Refund Duties Erroneously Collected. Where a customs entry was made in June, 1900, and the additional duties levied and collected thereon were remitted by the Secretary of the Treasury on the ground of a manifest clerical error, but at the time of the remission such duty had been paid into the Treasury, Held, That under section 24 of the customs administrative act of June 10, 1890 (26 Stat., 140), the Secretary of the Treasury has authority to refund out of an appropriation for that purpose the additional duties which accrued by reason of a manifest clerical error upon an entry within a year from the time of their payment. The authority to refund in such case is a necessary consequence of the authority to remit. 442.

24. Sugars Polariscopic Test.-Under Schedule E of the tariff act of July 24, 1897 (30 Stat., 168), specific rates of duties are laid upon imported sugars graduated according to the polariscopic test. These tests, while made by officers and experts subordinate to the appraiser, are reported to him, and by him, after ascertainment of the quality and value of the sugar, reported to the collector for classification. 238.

25. Collector's Duty-Classification based upon Appraiser's Report.—It is the collector's duty to classify such sugars, and this classification is based upon the appraiser's report, which embraces not only the question of value but the general result of his examination, including the character and quality of the sugars. Ib. 26. Same Classification as well as Dutiable Value.-Section 16 of the customs administrative act of June 10, 1890 (26 Stat., 138), authorizes the officers therein named to cite witnesses and to require the production of letters, etc., in ascertaining the classification as well as the dutiable value of merchandise, including all information which the officers so empowered deem material. Ib. 27. Same-Appraiser's Authority to Demand Settlement Tests.-Under the law as it exists, the appraiser, as the final and chief examining officer, is given authority to ascertain, by all reasonable

CUSTOM LAWS-Continued.

ways and means in his power, not only the actual value of imported merchandise but its character and quality as well; and this right of ascertainment carries with it the authority to demand and secure from sugar importers the settlement tests of all importations of sugar. Ib.

28. Same-Collector's Right.—There can be no doubt of the collector's right, under section 16 of the customs administrative act, to call for such settlement tests, and for practical purposes it is immaterial whether the appraiser obtains this information directly from the importer or through his superior, the collector. Ib.

29. Withdrawal of Liquors, duty free, from Bonded Warehouses for Consumption on Foreign War Vessels.-Section 15 of the act of July 24, 1897 (30 Stat., 207), does not permit the withdrawal, free from internal-revenue duty and the requirements relating to revenue stamps, of liquors from bonded manufacturing warehouses for consumption aboard war vessels of foreign nations. 418. 30. Same-Not an Exportation.-The withdrawal of goods from such a warehouse for consumption on war vessels of foreign nations would not be an exportation of such goods within the meaning of the act of 1897. Ib.

31. Same-When the Privilege is Granted. The privilege granted to foreign vessels of war in our ports, under section 2982, Revised Statutes, of purchasing supplies from the public warehouses, duty free, when that privilege is reciprocated in the ports of such foreign nations to our own national vessels, is limited to the purchasing in the bonded warehouses of supplies deposited therein pending withdrawal for consumption. The duty referred to, from which supplies so purchased shall be free, is the import duty. Ib.

DEFINITIONS. See WORDS AND PHRASES.

DEPARTMENT OF STATE.

1. Extradition from Mexico-Rearrest and Trial for a Crime other than the One for which Extradited.-Acosta, having been returned from Mexico to the State of Florida under extradition proceedings, to be punished for a crime committed within that State, was convicted and sentenced to imprisonment. Upon his release he was arrested for another crime without having an opportunity of returning to Mexico. Demand having been made upon the State Department by the Mexican Government for his release, and it not appearing that the prisoner has made an attempt to invoke his right to return to Mexico, Held, That any action by the Department of State at this time to secure his release would be premature. 604.

2. Same. The primary resort of the defendant is to the courts. He may either apply to the Federal courts for a writ of habeas corpus, or interpose the alleged irregularity of his arrest as a matter of defense on the trial of his case in the State court. Ib.

DEPARTMENT OF STATE-Continued.

3. Same-Authority of the Federal Government.-The question whether, in case any rights the prisoner may possess are denied in the State courts, the Federal Government is powerless or free from obligation to interfere in that which may then be a matter of international obligation, is not decided. Ib.

4. Passports. The provisions of sections 4075 and 4076, Revised Statutes, which confer upon the Secretary of State the authority to issue passports to citizens of the United States, are not in terms mandatory, and that officer may, in his discretion, either grant or withold a passport as the public interests may require. 509. 5. Right of the Spanish Treaty Claims Commission to call for Certified Copies of Records.-Section 8 of the act of March 2, 1901 (31 Stat., 879), which provides that all reports, records, or other documents now on file or of record in the Department of State, or in any other department, or certified copies thereof, relating to any claims prosecuted before the Spanish Treaty Claims Commission, shall be furnished to the Commission upon its order, vests in the head of that Department a discretion to send either the original papers or certified copies thereof, upon a request of the Commission for certified copies of such papers. 470. See also EXTRADITION.

DEPARTMENT OF THE INTERIOR.

1. Duty of Removing Trespassers on Indian Lands.-It is the duty of the Department of the Interior to remove all classes forbidden by treaty or law who are within the domain of the Five Civilized Tribes without Indian permission, to close all businesses which require permit or license and are being conducted without the same, and to remove all cattle which are being pastured on said land without Indian permit or license. 214.

2. Same. Sections 2147 to 2150, inclusive, of the Revised Statutes expressly confer the right to use the military forces of the United States in ejecting trespassers upon Indian lands, and the grant of this power carries with it the duty of its exercise. Ib. See also SECRETARY OF THE INTERIOR.

DEPARTMENTAL PRACTICE. See ATTORNEY-GENERAL; SECRE TARY OF THE NAVY, 4.

DIPLOMATIC OR CONSULAR REPRESENTATIVES. See HUNTING, 1.

DISTRICT OF COLUMBIA.

1. Charitable or Eleemosynary Institutions.-The Government Hospital for the Insane, the Washington Hospital for Foundlings, the Columbia Institution for the Deaf and Dumb, and the Freedmen's Hospital and Asylum are charitable or eleemosynary institutions within the meaning of the act of June 6, 1900 (31 Stat., 664), which creates a Board of Charities for the District of Columbia.

287.

DISTRICT OF COLUMBIA-Continued.

2. Same Supervision-Board of Charities-Secretary of the Interior.The Board of Charities has general supervision of these institutions, and, under the order of the District Commissioners, has power of investigation with the duty of submitting a report and recommendation to Congress. With this exception, the powers and duties of the Secretary of the Interior are unchanged by the act of June 6, 1900, and remain the same as before its enactment. Ib.

3. Code Commissions of Judges of the Police Court.-Section 42 of the municipal code for the District of Columbia, which goes into effect January 1, 1902 (31 Stat., 1196), does not vacate the commissions of the judges of the police court nor require new appointments of such judges. 572.

4. Correction of Records-Title to Land in Washington, D. C.-Claimant having furnished the War Department sufficient proof that for a period of more than twenty years next before the passage of the act of March 3, 1899 (30 Stat., 1346), he was in the actual and uninterrupted possession of and had paid the taxes upon lot 5 in square 1113 in the city of Washington, is erutled, under section 2 of that act, to have the records of the War Department so corrected as to show the title to said lot to be in him. 21. DISTRICT OF COLUMBIA CODE. See DISTRICT OF COLUMBIA, 3.

DRAWBACK.

See CUSTOMS Laws, 6–10. DUTIES. See CUSTOMS LAWS. EVIDENCE.

Indictment for Smuggling-Proceeding In Rem.-To support an indictment under sections 2865 and 3082, Revised Statutes, there must be sufficient evidence of a criminal intent, while a proceeding in rem to forfeit, under sections 2802 and 3061, Revised Statutes, presents a civil liability rather than an offense, and does not require proof of such intent. 63. EXECUTIVE COUNCIL OF PORTO RICO. 12, 13, 15.

EXECUTIVE DEPARTMENTS.

See PORTO RICO, 9,

Free Registration of Official Mail.-The second proviso of the third section of the act of July 5, 1884 (23 Stat., 158), which authorizes the registering without the payment of a registry fee of any official letter or packet, by either of the "Executive Departments, or Bureaus thereof," embraces a department officer who, in the course of public business, is called temporarily to discharge his official duties at some place away from the seat of government; but such words do not embrace examiners, special agents, inspectors, etc., of the various Departments who are located at points outside of Washington or are traveling throughout the country. 316.

EXHORTO. See LETTER ROGATORY.