Printed Drawings of Patents.

terms of that resolution, was placed under the direction of the Superintendent of the Public Printing. But by the 1st section of the act of March 24, 1871, (17 Stat., 2,) it was enacted, "that if, in the judgment of the Joint Committee on Printing, the provisions of the joint resolution providing for the publishing specifications and drawings of the Patent-Office, approved January 11, 1871, can be performed under the direction of the Commissioner of Patents more advantageously than in the manner provided in said joint resolution, it shall be so done, under such limitations and conditions as the Joint Committee on Printing may, from time to time, prescribe." And on the 10th of June, 1872, the said joint committee determined that the publication of such specifications and drawings could be more advantageously made under the direction of the Commissioner of Patents, to whom the same was accordingly transferred, subject to certain limitations and conditions which it is unnecessary to here state.

Upon this, I understand, the question has arisen whether, since the transfer of the direction of the work referred to, made by the joint committee, as aforesaid, the above-mentioned appropriation is still applicable to the payment of expenses incurred in the prosecution of that work; that is to say, work done or that may be done under the direction of the Commissioner of Patents.

The mere transfer of the direction of the said work from one office to another does not, as I conceive, affect the applicability of that appropriation or divert it from any of the objects for which it was intended. The appropriation, after the transfer, still remained the proper and the only fund out of which the expenses of the work were payable, and might still be disbursed by the Superintendent of Public Printing for that purpose. Yet it is to be observed that the appropriation was made specifically for the service of the fiscal year ending June 30, 1872, and that under the 5th section of the act of July 12, 1870, (16 Stat., 251,) it can only be applied to the payment of expenses properly incurred during that year, or to the fulfillment of contracts properly made within that year. Subject to these restrictions, then, I am of the opinion that the appropriation may be employed by the Superintendent of Public Printing in payment of work of the

New Jail for the District of Columbia.

kind referred to that has been done or that may be done under the direction of the Commissioner of Patents.

The papers which accompanied your letter are herewith. returned.

I have the honor to be, &c.,

Hon. C. DELANO,

Secretary of the Interior.

GEO. H. WILLIAMS.

NEW JAIL FOR THE DISTRICT OF COLUMBIA.

The board of commissioners created by the act of June 1, 1872, chap. 260, to carry out the provisions of the act of July 25, 1866, chap. 236, and the acts amendatory thereof, authorizing the construction of a jail in and for the District of Columbia, have no power to purchase a site for the jail.

By the act of July 25, 1866, the selection of the site therefor was restricted to "a suitable place, on some of the public grounds belonging to the Government." Under that act a site was selected; but afterward, by joint resolution of March 2, 1867, Congress directed a new site to be selected, and this enactment left the restriction imposed by, the act of 1866, as to the selection of the site, still in force.

The act of June 1, 1872, contains nothing that enlarges the field of selection which existed previous thereto, or that renders the restriction mentioned inconsistent with its provisions; and though, under it, the board of commissioners may change the site, they cannot locate the same on any other ground than such as is already owned by the Government.

DEPARTMENT OF JUSTICE,

July 18, 1872.

SIR: I have considered the question presented in your communication of the 1st instant, concerning a site for the new jail for the District of Columbia.

By the 1st section of the act of June 1, 1872, entitled "An act in relation to the construction of a new jail for the District of Columbia," the Secretary of the Interior, the chief-justice of the supreme court of the District of Columbia, and the governor of said District are created a board of commissioners, "with full power to carry out the provisions of the act of Congress, approved July 25, 1866, entitled 'An act authorizing the construction of a jail in and for the District of Columbia,' and the acts amendatory thereof." This section

New Jail for the District of Columbia.

contains a proviso, "that the said board shall have authority to change the site heretofore selected," &c.; and it authorizes the Secretary of the Interior to expend the sum of $300,000 in the construction of a jail, as therein provided. The 1st section of the above-mentioned act of July 25, 1866, (14 Stat., 231,) authorized the Secretary of the Interior "to select a suitable place, on some of the public grounds belonging to the Government, in the city of Washington, in the District of Columbia, for, and to construct thereon, &c., a jail of sufficient capacity to provide for not less than three hundred prisoners," &c.

It appears that a site for the jail was selected under the latter act. But afterward Congress, by a joint resolution, ap. proved March 2, 1867, (14 Stat., 573,) directed the Secretary of the Interior to select a new site under the same act, and a new location was accordingly selected, on ground belonging to the Government, within the city limits.

This location the board of commissioners, created by the said act of June 1, 1872, had authority to change; but you are informed by the Superintendent of Public Grounds, General O. E. Babcock, that there is no place on any of the Government reservations suitable for a site for the jail, and the question on which you desire my opinion is whether, under that act, the board are authorized to purchase a site therefor.

I have examined the question with some care, and the conclusion at which I arrive is, that the authority conferred on the board by the act of June 1, 1872, to change the site heretofore selected, does not, within the meaning of that act, include the authority to purchase a new site. The act of July 26, 1866, the provisions of which the board are given power to carry out, and in connection with which and its supplements the act of June 1, 1872, must be construed, restricts the selection of the site to "a suitable place on some of the public grounds belonging to the Government," &c. The joint resolution of March 2, 1867, directing a new site to be selected, made no change in that respect in the previous law, but left the restriction imposed by the act of 1866, which confines the selection to a place on some of the public grounds, still in force.

American Atlantic Cable Telegraph Company.

I perceive nothing in the act of 1872 that enlarges the field of selection, or that renders the restriction just adverted t inconsistent with its provisions. Under this statute the boar may change the present site, but in doing so they cannot, I think, locate it on any other ground than such as is owned by the Government, within the limits of the city of Washington.

Besides, the absence of any appropriation under the control of the board with which to effect the purchase of another site negatives the idea that such a power was intended to be given it. The appropriation placed in charge of the Secretary of the Interior is not available. for that purpose. This appropriation is directed to be expended by him in the "construction of a jail;" terms which cannot be taken to impart an authority to purchase a site therefor. As confirmatory of this view, I may refer to the 4th section of the act of March 2, 1867, (14 Stat., 466,) from which it would seem that Congress deemed it necessary to expressly authorize the Light-House Board to purchase the necessary land in cases where an appropriation is made for a new light-house the proper site for which does not belong to the United States, and also to an opinion of one of my predecessors touching the construction of an appropriation made for permanent defenses at Narragansett Bay. (11 Opin., 201.)

I have the honor to be, very respectfully, your obedient servant,

Hon. C. DELANO,

Secretary of the Interior.

GEO. H. WILLIAMS.

AMERICAN ATLANTIC CABLE TELEGRAPH COMPANY.

The act of March 29, 1867, chap. 15, conferring certain rights and privileges upon the American Atlantic Cable Telegraph Company, does not preclude Congress from at any time conferring similar rights and privileges upon any other company.

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.

American Atlantic Cable Telegraph Company.

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.

DEPARTMENT OF JUSTICE,

July 22, 1872.

SIR: I have had under consideration the communication addressed to you, on the 9th instant, by the Hon. S. C. Pomeroy, vice-president of the American Atlantic Cable Telegraph Company, which you were pleased to refer to me for my views upon the subject to which it relates.

In that communication I do not find any particular point or question presented, other than what is contained in a request on the part of the writer for the expression of an opin ion as to the rights generally of the aforesaid company, under the act of March 29, 1867, (15 Stat., 10.) This act reads:

"Be it enacted, &c., That the American Atlantic Cable Telegraph Company of New York be, and are hereby, vested with the right, power, and privilege, having acquired the necessary land therefor, to lay, land, and operate their cable or cables on the Atlantic coast, except on the coast of Florida, within the jurisdiction of the United States, and the right, power, and privilege so to lay, land, and operate their cable or cables shall be vested in the said American Atlantic Cable Telegraph Company for the period of twenty years from the approval of this act: Provided, That the said company shall commence active operations within the space of two years from the approval of this act.

"SEC. 2. And be it further enacted, That the American Atlantic Cable Telegraph Company, having acquired the neces sary land therefor, shall have the right, power, and privilege to lay, land, and operate their cable or cables, within any of the harbors, waters, inlets, and cities on the Atlantic coast, except the coast of Florida, offering the most practical and convenient landing, and to construct or erect all the necessary fixtures to accomplish the object of this act.

"SEC. 3. And be it further enacted, That the Government of the United States shall at all times have the preference in its use, upon terms that may be agreed upon between the Postmaster-General and the said company.