380. State health laws to be observed by United States officers, etc.-The quarantines and other restraints established by the health-laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue-cutters, and by the military officers commanding in any fort or station upon the sea-coast; and all such ollicers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress. R. S. 4792.

Notes of Decisions.

Nature of quarantine.-Quarantine is not actus Dei, but an ordinary incident of travel, to be contemplated by one undergoing a voyage. (1897), 21 Op. Atty. Gen. 575.

Extent of power of States.-This act does not imply an acknowledgment that a State might rightfully regulate commerce with foreign nations or amongst the States; for they do not imply that such laws are an exercise of such power, or enacted with a view to it. Gibbons v. Ogden (1824), 9 Wheat. 1, 205, 6 L. Ed. 23.

Congress by this section confirmed the powers of the States to regulate the matter of protecting public health, as to themselves seemed best. Bartlett v. Lockwood (1898), 16 Sup. Ct. 334, 335, 160 U. S. 357, 40 L. Ed. 455.

In enforcing its quarantine regulations a State may detain immigrants from noninfected places who have traveled with others from infected localities. Minneapolis, St. P. & S. S. M. Ry. Co. v. Milner (C. C. 1893), 57 Fed. 276.

The right of the several States to establish and enforce quarantine regulations is not limited by any existing treaty between the United States and Norway and Sweden. Id.

Local health officers can not lawfully prevent inspectors of customs from landing at quarantine stations in the discharge of their duties; but the latter, while visiting and remaining at such stations, should observe all reasonable regulations in the interest of public health. (1884), 18 Op. Atty. Gen. 15.

No local health regulation which denies to inspectors of customs ample opportuni

ties for then and there protecting the public revenue is reasonable. Id.

Expenses of quarantine.-The costs and charges of quarantine inspection under State laws may lawfully be imposed upon the carrier which brings the suspected passengers into the country, as being incident to the business in which it is engaged. Minneapolis, St. P. & S. S. M. Ry. Co. v. Milner (C. C. 1893), 57 Fed. 276.

The United States can not be charged with the expenses of an epidemic merely because an official of the Government upon the request of a suffering community was dispatched to the scene; his services and statements there being merely advisory. McClenny v. U. S. (1910), 45 Ct. Cl. 305.

Collection of duties.-An impost means any tax or tribute imposed by authority and applies as well to a tax on persons as to a tax on merchandise. Passenger Cases (1849), 7 How. 283, 407, 12 L. Ed. 702.

State statutes imposing taxes on alien passengers are void. Id.

The power to establish quarantine laws rests with the States, but a State may not, to defray the expenses of her quarantine regulations, impose a tonnage tax on vessels owned in foreign ports and entering her harbors in pursuit of commerce. Peete r. Morgan (1873), 19 Wall. 581, 583, 22 L. Ed. 201.

A fee required by State quarantine laws for examination of vessels is a compensation for services rendered to the vessel, and is not a tonnage tax. Morgan's L. & T. R. & S. S. Co. v. State Board of Health (1886), 6 Sup. Ct. 1114, 1118, 118 U. S. 455, 30 L. Ed. 237.

381. Suppression of communicable diseases.-That the Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury are authorized and directed, respectively, to utilize jointly the personnel and facilities of the Medical Department of the Army, the Medical Department of the Navy, and the Public Health Service, so far as possible, in aiding to combat and suppress the said diseases. Scc. 2, Joint Res. 42, Oct. 1, 1918 (40 Stat. 1008).

To enable the President, in case only of threatened or actual epidemic of cholera, typhus fever, yellow fever, smallpox, bubonic plague, Chinese plague or black death, trachoma, influenza, or infantile paralysis, to aid State and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same, and in such emergency in the execution of any quarantine laws which may be then in force, $355,000: Provided, That a detailed report of the expenditures hereunder shall annually hereafter be submitted to Congress. Act of June 5, 1920 (41 Stat. $85), making appropriations for sundry civil expenses.

For the purpose of securing a reserve for duty in time of national emergency, Pub. Res. 42, Oct. 27, 1918 (40 Stat. 1012), directs that there shall be organized a reserve of the Public Health Service, but commission in said reserve shall not exempt the holder from military service.

382. Division of Venereal Diseases.-That there is hereby established in the Bureau of the Public Health Service a Division of Venereal Diseases, to be under the charge of a commissioned medical officer of the United States Public Health Service detailed by the Surgeon General of the Public Health Service, which officer while thus serving shall be an Assistant Surgeon General of the Public Health Service, subject to the provisions of law applicable to assistant surgeons general in charge of administrative divisions in the District of Columbia of the Bureau of the Public Health Service. There shall be in such division such assistants, clerks, investigators, and other employees as may be necessary for the performance of its duties and as may be provided for by law. Sce. 3, chap. XV, act of July 9, 1918 (40 Stat. 886), making appropriations for the support of the Army.

That the duties of the Division of Venereal Diseases shall be in accordance with rules and regulations prescribed by the Secretary of the Treasury (1) to study and investigate the cause, treatment, and prevention of venereal diseases; (2) to cooperate with State boards or departments of health for the prevention and control of such diseases within the States; and (3) to control and prevent the spread of these diseases in interstate traffic: Provided, That nothing in this chapter shall be construed as limiting the functions and activities of other departments or bureaus in the prevention, control, and treatment of venereal disenses and in the expenditure of moneys therefor. Sec. 4, chap. AV, act of July 9, 1918 (40 Stat. 886–887).

Court of Claims-Continued.

Cost of taking evidence paid by a claim

ant. 463.

Judgment

Final, 464.

Decree in case of loss by a disbursing
officer, 465.

No interest allowed before, 466.
Payment under judgment, 467.
Further demand barred, 468.

Court of Claims-Continued.

Officers, etc., not to prosecute claims, 469.
Former officers and employees, 470.

Fraudulent claim not allowed, 471.
Costs allowed, 472.

Cost of printing record, 473.
New trial, 474.

Right of appeal, 475.

Within 90 days, 476.

Settlement delayed over 3 years, 477.

383. Employment of legal services.-No head of a Department shall employ attorneys or counsel at the expense of the United States; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same. R. S. 189.

Notes of Decisions.

Purpose and effect of act creating Department of Justice. The provisions of act June 22, 1870, establishing the Department of Justice, which were incorporated into this and other sections of the Revised Statutes, indicate that Congress intended to gather into that department, under the supervision and control of the Attorney General, all the litigation and all the law business in which the United States are interested, and which previously had been scattered among different public officers, departments, and branches of the Government, and to break up the practice of frequently employing unofficial attorneys in the public service. Perry v. U. S. (1893), 28 Ct. Cl. 483, 489.

Employment of counsel by particular departments. Under the provisions of act June 22, 1870, sec. 17, incorporated into this section, the head of the Navy Department is not at liberty to employ counsel to conduct proceedings before a naval courtmartial, but should call upon the Depart

ment of Justice to furnish an officer for the service. (1871) 13 Op. Atty. Gen. 514; (1872), 14 Op. Atty. Gen. 13.

The Secretary of War has no authority to employ counsel to appear in court on be balf of the military authorities in habeas corpus cases. (1871), 13 Op. Atty. Gen. 580, 583.

Special counsel, other than officers of the Department of Justice, may be employed by the Attorney General, at the request of the Secretary of the Navy, to assist the judge advocate in a trial by a naval courtmartial. (1885), 18 Op. Atty. Gen. 135, 137.

The Secretary of the Navy is not authorized in view of this section to employ special counsel in foreign countries to insti tute suits in behalf of the United States for the recovery of damages caused to a war vessel of the United States, but should refer the matter to the Department of Justice for attention. (1895) 21 Op. Atty. Gen. 195.

384. Legal service for executive departments.-The officers of the Department of Justice, under the direction of the Attorney-General, 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 officers in the Departments, to discharge their respective duties; and shall, 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. R. S. 361.

R. S. 363 provided that, "The Attorney General shall, whenever in his opinion the public interest requires it, employ and retain in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attor neys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of compensation, and shall have supervision of their conduct and proceedings."