ments or bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional, such letter or packet shall be returned to the sender: Provided further, That this act shall not extend or apply to pension agents or other officers who receive a fixed allowance as compensation for their services, including expenses of postages. And section thirtyLine hundred and fifteen of the Revised Statutes of the United States. so far as the same relates to stamps and stamped envelopes for official purposes, is hereby repealed. Sec. 3, Act of July 5, 1884 (23 Stat. 100).

CHAPTER VII.

THE DEPARTMENT OF JUSTICE-HABEAS CORPUS-
THE COURT OF CLAIMS, ETC.

258. Examination of titles.-No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public building, of any kind whatever, until the written opinion of the Attorney-General shall be had in favor of the validity of the title,1 nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments respectively. Sec. 355, R. S.

259. Emergency purchases.-In case of emergency when, in the opinion of the President, the immediate erection of any temporary fort or fortification is deemed important and urgent, such temporary fort or fortification may be constructed upon the written consent of the owner of the land upon which such work is to be placed; and the requirements of section three hundred and fifty-five of the Revised Statutes shall not be applicable in such cases. Joint Res. No. 21, of Apr. 11, 1898 (30 Stat. 737).

260. Questions of law to be sent to the Attorney-General.-Whenever a question of law arises in the administration of the Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other officer from whom the head of the Department may require advice, it shall be sent to the AttorneyGeneral, to be by him referred to the proper officer in his Department, or otherwise disposed of as he may deem proper. Sec. 357 R. S.

1

1 The Attorney-General in certifying the title of land purchased by the Government must look at the question as one of pure law, and can not relax the rules of law on account either of the desirableness of the object or the smallness of the value of the land. (VI Opin, Att. Gen., 432. See the chapters entitled the Public Lands and Contracts and Purchases. See, also, I Comp. Dec., 348.) "The Attorney-General will only give official opinions on questions of law arising on facts which are authoritatively stated by a head of Department. (X Opin. Att. Gen., 267.) He has no authority to settle questions of fact, nor to give advice on questions of law, except for the assistance of the officer calling for his opinion on points stated. He takes the facts as they are stated to him and predicates his opinion on them. (III id., 309.) It is not the duty of the Attorney-General to give opinions on questions of fact, nor to review the proceedings of a court-martial in search of questions of law. (V id., 626.)

The Attorney-General will not give a speculative opinion on an abstract question of law, which does not arise in any case presented for the action of an Executive Department. (XI id., 189.) Nor will he review the opinion of

261. Opinions of Attorney-General.-The Attorney-General shall give his advice and opinion upon questions of law, whenever requered by the President. Sec. 354, R. S.

262. Head of Department may require opinion.-The head of any Executive Department may require the opinion of the AttorneyGeneral on any questions of law arising in the administration of his Department. Sec. 356, R. S.

263. The Department of Justice to render opinions.-The officers of the Department of Justice, under the direction of the AttorneyGeneral, shall give all opinions and render all services requiring the skill of persons learned in the law necessary to enable the President and heads of Departments, and the heads of Bureaus and other officer in the Departments, to discharge their respective duties; and stall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Supreme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty-three. Sec. 361, R. S.

264. Attorney-General to provide counsel.—Whenever the head of Ipartment or Bureau gives the Attorney-General due notice that the terests of the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal

tigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such service. Sec. 364, R. S. 255. Published opinions of the Attorney-General.-The Attorneyferal shall from time to time cause to be edited, and printed at the Government Printing Office, an edition of one thousand copies fh of the opinions of the law officers herein authorized to be

as he may deem valuable for preservation in volumes, which albe, as to size, quality of paper, printing, and binding, of unife style and appearance, as nearly as practicable, with volume * of such opinions, published, by Robert Farnham, in the year hundred and sixty-eight. Each volume shall contain proper

Affney General, unless a proper case is presented therefor, and subby the head of a Department. (Id.)

otal opinion from the Attorney-General is desired on questions
on any case, the request should be accompanied by a statement
facts in the case, and also the precise questions on which advice
XVI id, 367. See note to paragraph 265, post.)

Ames Geteral is not authorized to give an official opinion in any the call of the President or some one of the heads of DepartAtt. Gen., 211.) Subordinate officers of the Government who of the in,artwat to which they are accountable. (Id.) anon of the Attorney-General must seek it through the head

a