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PROVISIONS RELATING TO THE DEPARTMENT

OF AGRICULTURE.

ESTABLISHMENT AND ORGANIZATION OF THE DEPARTMENTTHE SECRETARY AND OTHER OFFICERS—MISCELLANEOUS PROVISIONS.

REV. ST. SEC. 520.
Establishment of the Department of Agriculture.

Sec. 520. There shall be at the seat of Government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture, in the most general and comprehensive sense of that word, and to procure, propagate, and distribute among the people new and valuable seeds and plants.

REV. ST. SEC. 521.
Commissioner of Agriculture.

Sec. 521. The Department of Agriculture shall be under the charge of a Commissioner of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand dollars a year.

This section is superseded by provisions of act February 9, 1889, c. 122, set forth below.

Rev. St. sec. .524 requiring that the Commissioner shall give a bond before entering upon his duties is also superseded by said act February 9, 1889.

ACT FEBRUARY 9, 1889, c. 122. An act to enlarge the powers and duties of

the Department of Agriculture and to create an Executive Department to

be known as the Department of Agriculture. (25 Stat. 659.) Executive Department under Secretary of Agriculture.

That the Department of Agriculture, shall be an Executive Department, under the supervision and control of a Secretary of Agriculture, who shall be appointed by the President, by and with the advice and consent of the Senate; and section one hundred and fiftyeight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes, including all amendments thereto, are hereby made applicable to said Department.

Act February 9, 1889, c. 122, s. 1, 25 Stat. 659.

Rev. St. sec. 158, mentioned and amended by this section, is set forth below.

Assistant Secretary of Agriculture; appointment and duties.

Sec. 2. That there shall be in said Department an Assistant Secretary of Agriculture, to be appointed by the President, by and with the advice and consent of the Senate, who shall perform such duties as may be required by law or prescribed by the Secretary.

Act February 9, 1889, c. 122, s. 2, 25 Stat. 659.

A provision of act March 4, 1907, c. 2907, authorizing the Assistant Secretary to perform such duties as may be assigned by the Secretary, is set forth below.

Rev. St. sec. 177, set forth on p. 275, post, provides that, in case of the death, resignation, absence, or sickness of the head of a department, the

duties of the office shall be performed, temporarily, by the assistant. Salaries of the Secretary and the Assistant Secretary.

Sec. 3. That the Secretary of Agriculture shall receive the same salary as is paid to the Secretary of each of the Executive Departments, and the salary of the Assistant Secretary of Agriculture shall be the same as that now paid to the First Assistant Secretary of the Department of the Interior.

Act February 9, 1889, c. 122, s. 3, 25 Stat. 659.

Each head of a department is entitled to a salary of $8,000 a year by Rev. St. sec. 160 and act January 20, 1874, c. 11, 18 Stat. 4. The sum appropriated for compensation of the First Assistant Secretary of the Interior for the fiscal year in which this act was passed, by act July 11, 1888, c. 615, s. 1, 25 Stat. 284, was $4,500. The sum of $8,000 for the salary of the Secretary of Agriculture and the sum of $4,500 for the salary of the Assistant Secretary of Agriculture were appropriated annually in the agricultural appropriation acts for the fiscal years 1890 and thereafter to and including 1907. The compensation of the heads of executive departments was increased to $12,000 per annum by act February 26, 1907, c. 1635, s. 4, set forth on p. 283, post, and that sum for the salary of the Secretary of Agriculture, and the sum of $5,000 for the salary of the Assistant Secretary of Agriculture, are appropriated in the agricultural appropriation acts for the fiscal years 1908 and thereafter.

The provisions of the act for the fiscal year 1913 are set forth below. Laws of the department continued in force.

Sec. 4. That all laws and parts of laws relating to the Department of Agriculture now in existence, as far as the same are applicable and not in conflict with this act, and only so far, are continued in full force and effect.

Act February 9, 1889, c. 122, s. 4, 25 Stat. 659.

REV. ST. SEC. 158.
Application of provisions of Title Four of Revised Statutes to Executive Depart-

ments. SEC. 158. The provisions of this Title shall apply to the following Executive Departments:

First. The Department of State.
Second. The Department of War.
Third. The Department of the Treasury.
Fourth. The Department of Justice.
Fifth. The Post-Office Department.
Sixth. The Department of the Navy.
Seventh. The Department of the Interior.

This section is amended to include the Department of Agriculture by act February 9, 1889, c. 122, s. 1, set forth above.

REV. ST. SEC. 159.
Word “ Department.”

Sec. 159. The word “ Department " when used alone in this Title, and Titles five, six, seven, eight, nine, ten, and eleven, means one of the Executive Departments enumerated in the preceding section.

The Department of Agriculture is included in this definition by act February 9, 1889, c. 122, s. 1, set forth above.

ACT JULY 14, 1890, c. 707. (26 Stat. 282.)
Secretary of Agriculture to perform duties of former Commissioner of Agri.

culture. The authority granted to the Commissioner of Agriculture by the act of May twenty-ninth, eighteen hundred and eighty-four, establishing the Bureau of Animal Industry, and by the provisions of the appropriation act for the Agriculture Department, approved July eighteenth, eighteen hundred and eighty-eight, relating to said Bureau, is hereby vested in the Secretary of Agriculture; and the said Secretary is hereby authorized and directed

to perform all the duties named in said acts and all other acts of Congress in force on February eighth, eighteen hundred and eighty-nine, to be performed by the Commissioner of Agriculture.

Act July 14, 1890, c. 707, 26 Stat. 288.

Act May 29, 1884, c. 23, mentioned in this paragraph, is set forth on P. 41, post, under “ Bureau of Animal Industry.”

The authority granted by the agricultural appropriation act of July 18, 1888, referred to in this paragraph, is limited to the use of the sum therein appropriated for carrying out the provisions of act May 29, 1884. Appropriations in substantially similar terms are made in subsequent agricultural appropriation acts.

ACT MARCH 4, 1907, c. 2907. (34 Stat. 1256.)
Duties of the Assistant Secretary of Agriculture.

the Assistant Secretary is hereby authorized to perform such duties in the conduct of the business of the Department of Agriculture as may be assigned by the Secretary of Agriculture;

Act March 4, 1907, c. 2907, 34 Stat. 1256.

This is a provision of the agricultural appropriation act for the fiscal year 1908, cited above. A provision in the same words is contained in the similar act for the preceding fiscal year.

A previous provision requiring that the Assistant Secretary shall per. form such duties as may be required by law or prescribed by the Secre. tary is contained in act February 9, 1889, c. 122, s. 2, set forth above.

ACT JUNE 3, 1902, c. 985. (32 Stat. 286.)
Establishment of Bureau of Soils, Bureau of Forestry, Bureau of Chemistry, and
Bureau of Plant Industry.

* That all existing statutes relating to the Division of Soils, reorganized into the Bureau of Soils; the Division of Forestry, reorganized into the Bureau of Forestry; the Division of Chemistry, reorganized into the Bureau of Chemistry; and the Division of Botany, the Division of Pomology, the Division of Vegetable Physiology and Pathology, the Division of Agrostology and Experimental Gardens and Grounds, reorganized into the Bureau of Plant Industry, not otherwise repealed, shall remain in effect as applying to

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the respective bureaus into which the divisions named have been reorganized :

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Act June 3, 1902, c. 985, 32 Stat. 303.

This is a proviso annexed to the agricultural appropriation act for the fiscal year 1903, cited above.

The Weather Service is transferred from the War Department to the Department of Agriculture by act October 1, 1890, c. 1266, set forth on p. 33, post, under “ Weather Bureau.”

The execution of all laws affecting public lands reserved as forest reserves, excepting such laws as affect the surveying, etc., entering, etc., or patenting of any such lands, is placed under the Secretary of Agriculture by act February 1, 1905, c. 288, s. 1, set forth on p. 86, post, under Forest Service."

Appropriations in agricultural appropriation acts for fiscal years pre. vious to 1906, made under “ Division of Entomology” and under “ Divi. sion of Biological Survey,” were thereafter made under “ Bureau of Entomology" and "Bureau of Biological Survey," and appropriations in the similar acts for fiscal years previous to 1903, made under “ Division of Statistics," were thereafter made under “ Bureau of Statistics."

Appropriations made under “Bureau of Forestry," in the agricultural appropriation acts for the fiscal years 1902 to and including 1905, were thereafter made under “ Forest Service."

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ACT MAY 26, 1910, c. 256. (36 Stat. 416.)
Legal work of the Department of Agriculture under the Solicitor.
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hereafter the legal work of the Department of Agriculture shall be performed under the supervision and direction of the solicitor; *

Act May 26, 1910, c. 256, 36 Stat. 416.

This is a provision accompanying an appropriation for salary of the Solicitor in the agricultural appropriation act for the fiscal year 1911, cited above.

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ACT MARCH 4, 1911, c. 238. (36 Stat. 1235.)
Details of law clerks.

That hereafter the law clerks may be detailed by the Secretary of Agriculture for service in or out of Washington;

Act March 4, 1911, c. 238, 36 Stat. 1236.

This is a proviso annexed to appropriations for law clerks in the agricultural appropriation act for the fiscal year 1912, cited above. A proviso in the same words, except the word "hereafter," was contained in the similar act for the preceding fiscal year.

REV. ST. SEC. 523.
Appointment of chief clerk and other officers and employees.

Sec. 523. The Commissioner of Agriculture shall appoint a chief clerk, with a salary of two thousand dollars a year, who in all cases during the necessary absence of the Commissioner, or when the office of Commissioner shall become vacant, shall perform the duties of Commissioner, and he shall appoint such other employés as Congress may from time to time provide, with salaries corresponding to the salaries of similar officers in other Departments of the Government; and he shall, as Congress may from time to time provide, employ others persons, for such time as their services may be needed, including chemists, botanists, entomologists, and other persons skilled in the natural sciences pertaining to agriculture.

Rev. St. sec. 522, here omitted as superseded, provides: “There shall be in the Department of Agriculture: One chief clerk, at a salary of $2,000 a year.” Appropriations for a chief clerk at this compensation were made in the agricultural appropriation acts to and including the fiscal year 1884. The salary of the chief clerk appropriated in the similar acts for the fiscal years 1885 and thereafter to and including 1908 was $2,500. In the acts for the fiscal years 1909 to 1912, inclusive, the appro. priation for the salary of the chief clerk is $2,500 and $500 additional as custodian of buildings, and the appropriation in the act for the fiscal year 1913, set forth on p. 30, post, for the salary of the chief clerk, is $3,000 and $500 additional as custodian of buildings.

The provision of this section that, in case of absence or vacancy in the office of the Commissioner, the chief clerk shall perform the duties of the office, is superseded by the change of the department into an executive department under a Secretary of Agriculture, with an Assistant Secretary, by act February 9, 1889, c. 122, set forth on p. 9, ante, and the provisions of Rev. St. sec. 177, set forth on p. 275, post, that in case of death, resignation, absence, or sickness of the head of a department, the duties of the office may be performed temporarily by the assistant.

Rev. St. sec. 524, requiring that the chief clerk shall give a bond before entering upon his duties, is superseded by the change of the Department of Agriculture into an executive department under 'a Secretary of Agriculture, with an Assistant Secretary, by act February 9, 1889, c. 122, set forth on p. 9, ante.

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ACT APRIL 23, 1904, c. 1486. (33 Stat. 276.)
Chief clerk of the Department of Agriculture superintendent of buildings.

chief clerk, who shall be superintendent of the Department buildings,

Act April 23, 1904, c. 1486, 33 Stat. 276.

This is a provision, accompanying an appropriation for the salary of the chief clerk, in the agricultural appropriation act for the fiscal year 1905, cited above. Previous provisions in the same words accompany similar appropriations in the agricultural appropriation acts for the fiscal years 1883 and thereafter. The provision was discontinued in the act for the fiscal year 1906, but in the acts for the fiscal years 1909 and thereafter the provision “and five hundred dollars additional as custodian of buildings,” accompanies the appropriations otherwise made for the salary of the chief clerk.

ACT AUGUST 8, 1894, c. 238. (28 Stat. 264.)
Official seal of the Department of Agriculture.

The Secretary of Agriculture is hereby authorized and directed to procure a proper seal, with such suitable inscriptions and devices as he may approve, to be known as the official seal of the Department of Agriculture, and to be kept and used to verify official documents, under such rules and regulations as he may prescribe.

Act August 8, 1894, c. 238, 28 Stat. 272.

This is a paragraph of the agricultural appropriation act for the fiscal year 1895, cited above.

REV. ST. SEC. 525.
Custody of property, records, etc., of department.

Sec. “525. The Commissioner of Agriculture shall have charge, in the building and premises appropriated to the Department, of the library, furniture, fixtures, records, and other property appertaining to it, or hereafter acquired for use in its business.

The designation of the Commissioner is changed to Secretary of Agriculture by act February 1, 1889, c. 122, set forth on p. 9, ante.

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