The later Appropriation Acts supersede so much of this section as relates to the secretary of the legation at Turkey by recognizing such a position as a distinct office. The Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 141, § 1, 38 Stat. L. 1117, provides for a Turkish secretary of embassy to Turkey, and an assistant secretary of embassy. Sec. 1678. [Interpreter of legation to Turkey.] The interpreter to the legation to Turkey shall be entitled to receive three thousand dollars, and such salary may be paid to an interpreter, notwithstanding he may not be a citizen of the United States. [R. S.] Act of Feb. 22, 1873, ch. 184, 17 Stat. L. 472. Provisions for student interpreters at the embassy at Turkey, who should be citizens of the United States, were made by the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1118. See the note to R. S. sec. 1680, infra, this page. Sec. 1679. [Interpreter of legation to Japan.] The interpreter to the legation to Japan shall receive a salary of two thousand five hundred dollars. [R. S.] Act of Feb. 22, 1873, ch. 184, 17 Stat. L. 472. The Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, provides for a Japanese secretary of embassy and an assistant Japanese secretary of embassy to Japan and for six student interpreters, who shall be citizens of the United States. 38 Stat. L. 1117, 1118. See the note to R. S. sec. 1680, immediately following. Sec. 1680. This section was repealed by the Consular and Diplomatic Appropriation Act of Feb. 25, 1885, ch. 150. It read as follows: 66 SEC. 1680. The compensation of the secretary of the legation to China, if acting as interpreter, shall be at the rate of five thousand dollars a year, and if not acting as such, at the rate of three thousand dollars a year. And the President may appoint for the legation to China an interpreter, when the secretary of legation does not act as such, who shall be entitled to compensation at the rate of five thousand dollars a year.” Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 52. The Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1117, 1118, provides for a Chinese secretary of legation and an assistant Chinese secretary of legation to China, and for ten student interpreters at the legation to China, who shall be citizens of the United States. By this Act the student interpreters at the legations of China, Japan, and Turkey are required to sign an agreement to continue in the service as interpreters, in the countries to which they are appointed, for so long as their services may be required within a period of five years. This Act likewise contains a provision that no person drawing the salary of interpreter as therein provided shall be allowed any part of the salary appropriated for any secretary of legation or other officer. Provisions similar to the two last stated here have occurred in similar Appropriation Acts for many years. The rental of a building for the legation of China is authorized by an Act of March 3, 1875, ch. 130, infra, p. 16. R. S. sec. 1680 was construed in (1900) 23 Op. Atty.-Gen. 136. Sec. 1681. This section was repealed by the Consular and Diplomatic Appropriation Act of Feb. 25, 1885, ch. 150, 23 Stat. L. 322. Originally it was as follows: 66 SEC. 1681. The minister at Uruguay is also accredited to Paraguay." By the Act of March 3, 1875, ch. 153, 18 Stat. L. 483, it was amended to read as follows: "SEC. 1681. The minister resident to Uruguay, when also accredited to Paraguay, shall be entitled to compensation at the rate of ten thousand dollars per annum.' . But this amended section, as above noted, has been directly repealed. The appointment of an envoy extraordinary and minister plenipotentiary to each of these points was authorized by an Act of Dec. 6, 1913, ch. 1, infra, p. 17. Sec. 1682. [Minister to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua.] There shall be but one minister resident accredited to Guatemala, Costa Rica, Honduras, Salvador, and Nicaragua; and the President may select the place of residence for the minister in any one of those States. And he shall receive compensation at the rate of ten thousand dollars per annum. [R. S.] Act of May 22, 1872, ch. 194, 17 Stat. L. 142. This section was amended to read as above given by the Act of March 3, 1875, ch. 153, 18 Stat. L. 483. The amendment consisted in the addition of the last sentence. Sec. 1683. [Representatives to Hayti, Liberia, etc.] There shall be a diplomatic representative of the United States to each of the republics of Hayti and Liberia, who shall be appointed by the President, by and with the advice and consent of the Senate; and shall be accredited as minister resident and consul-general. The representative at Hayti shall be entitled to a salary of seven thousand five hundred dollars a year; and the representative at Liberia to a salary not exceeding four thousand dollars a year. [R. S.] Act of June 5, 1862, ch. 96, 12 Stat. L. 421; Act of July 25, 1866, ch. 33, 14 Stat. L. 225. Envoys extraordinary and ministers plenipotentiary at the Dominican Republic and Hayti at a salary of $10,000 each, and a minister resident and consul-general at Liberia at $5,000 were provided for by the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1116. Different amount appropriated.— The salary of the claimant as minister to Hayti was fixed by law at $7,500 at the time of his appointment in 1877, which sum was annually appropriated until the year 1883. For each of the years 1883, 1884, and 1885 there was appropriated only the sum of $5,000, which was the only amount paid to him for those years. He brought suit to recover the difference between these amounts, and his claim was sustained in the Court of Claims, and judgment was properly rendered in his behalf. "According to the settled rules sum, of interpretation, a statute fixing the annual salary of a public officer at a named without limitation as to time, should not be deemed abrogated or suspended by subsequent enactments which merely appropriated a less amount for the services of that officer for particular fiscal years, and which contained no words that expressly or by clear implication modified or repealed the previous law. See cases under R. S. sec. 1675, supra, p. 10. U. S. v. Langston, (1886) 118 U. S. 389, 6 S. Ct. 1185, 30 U. S. (L. ed.) 164. Sec. 1684. [Condition of compensation of chargé d'affaires or secretary.] To entitle any chargé d'affaires, or secretary of any legation or embassy to any foreign country, or secretary of any minister plenipotentiary, to compensation, they shall respectively be appointed by the President, by and with the advice and consent of the Senate; but in the recess of the Senate the President is authorized to make such appointments, which shall be submitted to the Senate at the next session thereafter, for their advice and consent; and no compensation shall be allowed to any chargé d'affaires, or any of the secretaries hereinbefore described, who shall not be so appointed. [R. S.] Act of May 1, 1810, ch. 44, 2 Stat. L. 608. Sec. 1685. [Compensation of secretary of legation or vice consul temporarily occupying higher office.] That for such time as any secretary of embassy or legation shall be lawfully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed or assigned, he shall be entitled to receive, in addition to his salary as secretary of embassy or legation, compensation equal to the difference between such salary and fifty per centum of the salary provided by law for the ambassador or minister at such post; and for such time as any vice consul shall be lawfully authorized to assume charge of a consulate general or consulate during the absence of the principal officer at the post to which he shall have been appointed or assigned, he shall be entitled to receive, in addition to his regular salary or compensation as a subordinate consular officer or employee, compensation equal to the difference between such salary or compensation and fifty per centum of the salary provided by law for the principal consular officer at such post. [R. S.] This section was amended to read as above given by section 3 of an Act of Feb. 5, 1915, ch. 23, 38 Stat. L. 805, entitled "An Act for the improvement of the foreign service." Prior to its amendment this section was as follows: "For such time as any secretary of embassy or legation shall be lawfully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive, in addition to his salary as secretary of embassy or legation, compensation equal to the difference between such salary and fifty per centum of the salary provided by law for the ambassador or minister at such post." [35 Stat. L. 673.] This section was amended to read in this manner by a provision of the Diplomatic and Consular Appropriation Act of March 2, 1909, ch. 235, § 1. The original section of which the foregoing were amendments was in this form: "For such time as any secretary of legation shall be lawfully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensation at the rate allowed by law for a chargé d'affaires at such post; but he shall not be entitled to receive, for such time, the compensation allowed for his services as secretary of legation." Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 56. The provision given as amended in the text supersedes the following provision from the Consular and Diplomatic Appropriation Act of Feb. 25, 1885, ch. 150, § 1: "And hereafter no secretary or second secretary of any legation shall be entitled to or receive any compensation over and above his salary as such secretary for acting as chargé d'affairs during the temporary or other absence without leave of the minister to whose duties he may succeed." [23 Stat. L. 323.] Sec. 1686. [Compensation of persons filling two offices.] When to any diplomatic office held by any person there is superadded another, such person shall be allowed additional compensation for his services, in such superadded office, at the rate of fifty per centum of the amount allowed by law for such superadded office, and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office, and no longer; and such superadded office shall be deemed to continue during the time to which it is limited by the terms thereof. [R. S.] Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 56. The appointment of a consul-general, to discharge the duties of a secretary of legation and dragoman, does not entitle him to compensation for discharging the additional duties under this statute, which provides for the case when to any diplo 66 matic office held by any person there is superadded another," because the office of consul-general which he had held was not a diplomatic one. Brown's Case, (1860) 9 Op. Atty.-Gen. 507. Sec. 1687. [Fees at legations to be accounted for.] All fees collected at any of the legations shall be accounted for to the Secretary of the Treasury, and held subject to his draft, or other directions. [R. S.] Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 58. By R. S. sec. 1747, infra, p. 49, a similar provision is made with respect to consular offices. Sec. 1688. [Uniforms and official costumes.] No person in the diplomatic service of the United States shall wear any uniform or official costume not previously authorized by Congress. [R. S.] Res. No. 15 of March 27, 1867, 15 Stat. L. 23. Joint resolution providing for a change in the name and title of the agent and consul-general of the United States at Alexandria. [Res. of Jan. 8, 1874, No. 1, 18 Stat. L. 285.] [Agent and consul-general at Cairo, title of.] That the name and title of the agent and consul-general of the United States at Alexandria shall, from the passage of this joint resolution, be "agent and consul-general of the United States at Cairo." [18 Stat. L. 285.] See R. S. sec. 1676, supra, p. 12. * [SEC. 1.] [Allowance to secretaries of legation and messenger at Paris.] And the Secretary of State is authorized to allow and pay to the secretary of legation and to the second secretary of legation and to the messenger of the legation in Paris, from the moneys collected at the legation for the transmission of consular invoices, an amount not to exceed in the aggregate six hundred dollars in any one year, to be divided and distributed as the Secretary of State may direct, provided that the surplus receipts are sufficient for that purpose. [18 Stat. L. 66.] This is from the Consular and Diplomatic Appropriation Act of June 11, 1874, ch. 275. [SEC. 1.] [Buildings at Peking for legation.] That the Secretary of State be, and he is hereby, authorized to rent, furnish, and keep suitable buildings, with grounds appurtenant, at Peking, for the use of the legation in China, at an annual cost not exceeding five thousand dollars; that the period of such lease shall be for two or, more years, and with renewals, as the Secretary of State shall determine. [18 Stat. L. 377.] This is from the Sundry Civil Appropriation Act of March 3, 1875, ch. 130. An Act To establish diplomatic relations with Persia. [Act of Aug. 5, 1882, ch. 399, 22 Stat. L. 301.] [Chargé d'affaires and consul-general at Teheran.] That section sixteen. hundred and seventy-five of the Revised Statutes of the United States be, and the same is hereby, amended by inserting after the words "Liberia, four thousand dollars," the words " chargé d'affaires and consul-general at Teheran, Persia, five thousand dollars," and the sum necessary therefor is hereby appropriated out of any money in the Treasury not otherwise appropriated. [22 Stat. L. 301.] Section 1675 of the Revised Statutes here referred to was repealed and a substitute enacted by the Act of March 3, 1875, ch. 153, supra, p. 10, in which "Liberia" is not mentioned. An appropriation of $10,000 for the salary of an envoy extraordinary and minister plenipotentiary to Persia was made by the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1116. [SEC. 1.] [Creation of new ambassadorships.] And hereafter no new ambassadorship shall be created unless the same shall be provided for by Act of Congress. [35 Stat. L. 672.] This is from the Diplomatic and Consular Appropriation Act of March 2, 1909, ch. 235. A provision immediately preceding that above given specifically repealed a provision from the Diplomatic and Consular Appropriation Act of March 1, 1893, ch. 182. § 1, which was as follows: "Whenever the President shall be advised that any foreign government is represented, or is about to be represented, in United States by an ambassador, envoy extraordinary, minister plenipotentiary, minister resident, special envoy, or chargé d'affaires, he is authorized, in his discretion, to direct that the representative of United States to such government shall bear the same designation. This provision shall in nowise affect the duties, powers, or salary of such representative." [27 Stat. L. 496.] An Act Authorizing the appointment of an ambassador to Spain. [Act of September 4, 1913, ch. 10, 38 Stat. L. 110.] [Ambassador to Spain.] That the President is hereby authorized to appoint, as the representative of the United States, an ambassador to Spain, who shall receive as his compensation the sum of $17,500 per annum. [38 Stat. L. 110.] An Act Authorizing the appointment of envoys extraordinary and ministers plenipotentiary to each Paraguay and Uruguay. [Act of Dec. 6, 1913, ch. 1, 38 Stat. L. 241.] [SEC. 1.] [Minister to Paraguay.] That the President is hereby authorized to appoint, as the representative of the United States, an envoy extraor dinary and minister plenipotentiary to Paraguay, who shall receive as his compensation the sum of $10,000 per annum. [38 Stat. L. 241.] SEC. 2. [Minister to Uruguay.] That the President is hereby further authorized to appoint, as the representative of the United States, an envoy extraordinary and minister plenipotentiary to Uruguay, who shall receive as his compensation the sum of $10,000 per annum. [38 Stat. L. 241.1 3 F. S. A.- 2 |