31. Where an injunction was issued by the

supreme court of the State of New York enjoining the depot quartermaster at New York City from paying to a contractor certain funds due him for the construction of certain quarters at David's Island, in New York Harbor: Held, that the injunction is inoperative as against the quartermaster. Opinion of Jan. 29, 1879, 16 Op. 257.

32. It is not competent to the State courts to enjoin officers of the executive Departments from executing the lawful orders thereof, whether they concern the payment of money for the performance of contracts with the United States or any other matter. Ibid.

33. In the above case, however, from considerations of comity between the State and National Governments: Advised, that (before determining whether or not payments should be made notwithstanding the injunction) application be made to the court for a dissolution of the injunction so far as the quartermaster is concerned. Ibid.

34. In 1853 certain proceedings were instituted in the district court for Cameron County,, Texas, under an act of the legislature of that State, for the purpose of acquiring title to the site of Fort Brown, Texas, then occupied by the United States as a military post; but no authority for the institution of these proceedings was ever given by Congress. The value of the land was assessed by verdict of a jury at $50,000, but no judgment was then entered up. Long afterwards, on February 20, 1879, the court rendered a judgment, based on the verdict of the jury in 1853, for the sum above mentioned, with interest thereon from the year 1853. Suggestion being made that steps should now be taken in behalf of the United States to have the judgment annulled by a superior court: Advised, that this is unnecessary, for the reason that, as no officer of the United States had authority to institute or appear in said proceedings and submit its rights to adjudication, the Government cannot be bound by them, and that proceedings to oust the United, States from the possession of the premises could not be maintained. Opinion of Feb. 6, 1880, 16 Op. 466.

SUPREME COURT.

1. The various provisions of statutes, more especially those of February 26, 1853, chap. 80, and August 16, 1856, chap. 124, regulating expenses of the courts of the United States, ap

ply only to the circuit and district courts, and not to the Supreme Court. Opinion of Dec. 8, 1856, 8 Op. 219.

2. The certificate of the Chief-Justice of the United States, passing the contingent accounts of the Supreme Court, is not subject to revision by the accounting officers of the Treasury Department. Ibid.

3. The general statutes to regulate the public printing apply only to Congress and the executive Departments, and not the Supreme Court; all printing ordered by or for the latter being placed by statute under its own special authority. Ibid.

SURETY.

See also BOND; POSTAL SERVICE, III.

1. Where a purser in the Navy was reappointed under the provisions of the act of March 30, 1812, chap. 47: Advised, that a correct interpretation of the act required a new bond to be given in such case, although the sureties on the original bond of the purser may not be wholly discharged of responsibility since the reappointment. Opinion of April 14, 1814, 1 Op.

175.

2. It is a settled principle, both of law and of equity, that a surety can be no further bound than he has expressly bound himself by his own stipulation. Opinion of March 27, 1820, 1 Op. 339.

3. Sureties of collectors of taxes appointed under the act of the 22d July, 1813, chap. 16, are liable for their delinquencies, under the act of January 9, 1815, chap. 21, to the amount of the penalties of their bonds. Ibid.

4. A marshal may bring suit against a defaulting deputy whenever he becomes liable himself to the United States by reason of such default. Opinion of May 12, 1820, 1 Op. 363.

5. At common law the release of one obligor is the release of all the rest; and unless this effect is prevented by the provisions of the act of March 3, 1817, chap. 114 (which is doubtful), a discharge by the President, under that act, of an insolvent debtor from imprison

to officers or soldiers of the Army, nor to tax on goods kept by them at a military post for that purpose; but sutlers may be compelled to pay license if they enter into general trade within the State. Opinion of Oct. 27, 1855, 7 Op. 578.

SWAMP LANDS.

See PUBLIC LANDS, XV, XVII, XVIII.

TAXES.

See also DIRECT TAX; STATE TAXES. 1. The words "within two years from the time of sale" used in the second proviso of section 22 of the act of July 22, 1813, chap. 16, giving the owners of lands, sold for direct taxes, the right to redeem them of the purchasers at the tax sales, exclude the day of sale from the computation. Opinion of May 13, 1820, 1 Op. 364.

concern and commercial intercourse. Opinion of Dec. 30, 1867, 12 Op. 337.

3. An oceanic-telegraph cable, which has its terminus upon the territory of the United States, comes within the regulating power of Congress. Ibid.

4. It is doubtful whether Congress has power over the subject-matter of intercourse by telegraph strictly within the limits of a State, or extending through two or more States, having its termini within the territory of the United States. Ibid.

5. It seems that Congress has not the power to regulate the charges upon a railroad; and for the same reason it cannot have that power over telegraphic communication within the limits of the United States. Ibid.

6. As to foreign commerce a State has no regulating power, as it is altogether and exclusively a matter of Federal legislation, and the telegraph, when used as a vehicle of intercourse with foreign nations, has been claimed by Congress to be within the power to regulate commerce. Ibid.

7. Congress may prescribe the rules upon which oceanic telegraphs, connecting the United States with foreign countries, shall be operated, and fix for them a tariff of charges. Ibid.

2. A tax for grading streets, assessed on land in transitu from the State of New York, and from individuals therein, to the United States: Held, to have so much of possible right as to render it advisable for the United States not to contend. Opinion of Jan. 28, 1854, 6 Op. 265. 8. The act of March 29, 1867, chap. 15, con3. The persons in the employment of the ferring certain rights and privileges upon the United States, actually residing in the limits American Atlantic Cable Telegraph Company, of the armory at Harper's Ferry, do not possess does not preclude Congress from at any time the civil and political rights, nor are they sub-conferring similar rights and privileges upon ject to the tax and other obligations of citizens any other company. Opinion of July 22,1872, of the State of Virginia. Opinion of June 24, | 14 Op. 63. 1854, 6 Op. 577.

4. A city has no power to tax United States property within her limits. Opinion of March 16, 1859, 9 Op. 291.

TELEGRAPH.

1. Consideration of the legal effect of certain provisions of a bill (the act of March 3, 1857, chap. 95) entitled "An act to expedite telegraphic communication for the uses of the Government." Opinion of March 3, 1857, 8 Op.

512.

2. The legislation of Congress on the subject of interoceanic telegraph communication declares it to be a subject-matter of national

9. The establishment of telegraphic lines connecting the United States with other countries properly falls under the regulative power of Congress; but that body has as yet made no general regulations on the subject. Ibid.

10. The act of July 24, 1866, chap. 230, was intended to apply to interior lines of telegraph-that is to say, those established between points within the United States-and not to exterior oceanic lines designed for communication with foreign lands. 1bid.

11. Section 2 of the act of July 24, 1866, chap. 230, requires all telegraph companies which have accepted the rights and privileges conferred by that act, together with the restrictions and obligations thereby imposed, to give priority to messages from officers and

agents of the United States to the several departments, and to transmit them at the rates fixed by the Postmaster-General, whether the messages are received from such officers and agents directly, or through other connecting telegraph lines. Opinion of Oct. 2, 1872, 14 Op. 123.

and agents of one department and those of another. Ibid.

16. The only limitation applicable is, that the telegraphing must be in cases where the rates are payable out of public moneys, or are to be accounted for to the Government by the officer making the expenditure. Ibid.

17. Statutory provisions relating to the establishment of the telegraph line along the route of the Kansas Pacific Railroad and the payment of compensation for the transmission of dispatches over the same, reviewed. Opin

12. The papers submitted disclosing the fact that the line of telegraph operated by the Western Union Telegraph Company along the route of the Union Pacific Railroad and of the Central Pacific Railroad, from Omaha to San Francisco, is a different line from that origi-ion of Oct. 13, 1873, 14 Op. 314. nally built and equipped between the same termini by the Union Pacific Railroad Company and the Central Pacific Railroad Company, under the act of July 1, 1862, chap. 120: Held, that the line operated by the Western Union Telegraph Company is not subject to the provisions of that act and of its supplements, requiring one-half the compensation for services rendered the Government over the telegraph lines established thereunder to be applied to the payment of the bonds issued by the United States in aid of the construction thereof, and that no portion of the compensation allowable for the transmission of Government dispatches over the said line can be retained for payment of the bonds mentioned. Opinion of Jan. 16, 1873, 14 Op. 173.

18. One-half of the compensation chargeable for sending such dispatches over that line should be retained and applied to the payment of the bonds issued by the United States in aid of said railroad, notwithstanding that at the time the dispatches were sent the line was actually managed and operated, not by the Kansas Pacific Railroad Company, but by the Western Union Telegraph Company, and the service was rendered directly to the Government by this company. Ibid.

13. Respecting the telegraph line operated by the Western Union Telegraph Company along the route of the Kansas Pacific Railroad, the Attorney-General declines to express an opinion without more specific information. Ibid.

14. Telegraph messages between district attorneys and marshals, on official business, are entitled to be transmitted over telegraphic lines operating under the provisions of the act of July 24, 1866, chap. 230, at the rates fixed by the Postmaster-General pursuant to the second section of that act. Opinion of July 10, 1873, 14 Op. 278.

15. The word "between," as used in that section, is to be taken distributively, as applying to official communications between one department of the Government and another, between a department and its officers and agents or the officers and agents of another department, between officers and agents of the same department, and, finally, between officers

19. A company chartered by the State of Oregon, subsequently to the act of July 24, 1866, chap. 230, constructed a telegraph line over public domain of the United States, within that State, but never filed a "written acceptance," as required by that act, and declines to comply with the provisions of that act as to rates for Government telegrams: Advised, that the company, in respect of the erection of its telegraph on the public lands, is a trespasser, and that the United States (without special legislation) are entitled to all ordinary remedies for trespass given at law, as well as to all extraordinary remedies given in equity. Opinion of March 29, 1876, 15 Op. 554.

20. In transmitting Government dispatches from Leavenworth, Kansas, to points in Colorado, the Western Union Telegraph Company has not the option to send them either by way of Denver (over the telegraph line constructed along the Kansas Pacific Railroad) or by way of Pueblo (over the telegraph line constructed along the Atchison, Topeka and Santa Fé Railroad). Opinion of July 28, 1876, 15 Op. 579.

21. The option of selecting the route is with the Government; and where no option is expressed thereby, the company is bound to send the dispatch over the cheaper route. Ibid.