Chapter CL. *to establish the Department of Justice*
2,374 words·~11 min read·
/statutes-at-large/vol-16/chapter-cl-717316·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. CL.— An Act *to establish the Department of Justice*. June 22, 1870. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Department of justice established.Attorney-General to be the head. That there shall be, and is hereby, established an executive department of the government of the United States, to be called the Department of Justice, of which the Attorney-General shall be the head. His duties, salary, and tenure of office shall remain as now fixed by law, except so far as they may be modified by this act.
Sec. 2. Office of solicitor-general established;*And be it further enacted*, That there shall be in said Department an officer learned in the law, to assist the Attorney-General in the performance of his duties, to be called the solicitor-general, and who, in case of a vacancy in the office of Attorney-General, or in his absence or disability, shall have power to exercise all the duties of that office. of assistants of the Attorney-General.1871, ch. 72.Post, p. 432.There shall also be continued in said Department the two other officers, learned in the law, called the assistants of the Attorney-General, whose duty it shall be to assist the Attorney-General and solicitor-general in the performance of their duties, as now required by law.
Sec. 3. Law officers of other departments, their clerks, &c. to be transferred to Department of Justice and continue under its control.*And be it further enacted*, That from and after the time when this act takes effect, the solicitor of the treasury and his assistants, the solicitor of internal revenue, the solicitor and naval judge advocate general, who shall hereafter be known as the naval solicitor, and the clerks, messengers, and laborers employed in the office of the Attorney-General, and in the offices of the solicitor of the treasury, naval solicitor, and solicitor of internal revenue, and the law officer in the Department of State, now designated as the examiner of claims in said Department, shall be transferred from the Departments with which they are now associated to the Department of Justice; and said officers shall exercise their functions under the supervision and control of the head of the Department of Justice.
Sec. 4. Questions of law submitted to the Attorney-General, except, &c. may be referred to subordinates. &c.Effect of their opinions indorsed by Attorney-General.*And be it further enacted*, That questions of law submitted to the Attorney-General for his opinion, except questions involving a construction of the Constitution of the United States, may be by him referred to such of his subordinates as he may deem appropriate, and he may require the written opinion thereon of the officer to whom the same may be referred ; and if the opinion given by such officer shall be approved by the Attorney-General, such approval so indorsed thereon shall give the opinion the same force and effect as belong to the opinions of the Attorney-General.
Sec. 5. Cases in the court of claims and Supreme Court of the United States.*And be it further enacted*, That whenever the Attorney-General deems it necessary, he may require the solicitor-general to argue any case in which the government is interested before the court of claims; and as to cases coming by appeal from the court of claims toFORTY-FIRST CONGRESS. Sess. II. Ch. 150. 1870.163 the Supreme Court of the United States, it shall be the duty of the Attorney-General and solicitor-general to conduct and argue them before that court as in other cases in which the United States is interested.Cases in any court of the United States.
And the Attorney-General may, whenever he deems it for the interest of the United States, conduct and argue any case in which the government is interested, in any court of the United States, or may require the solicitor-general or any officer of his Department to do so. And theOfficers of the department may be sent to any State or district. solicitor-general, or any officer of the Department of Justice, may be sent by the Attorney-General to any State or district in the United States to attend to the interests of the United States in any suit pending in any of the courts of the United States, or in the courts of any State, or toActual and necessary expenses on such service to be paid. attend to any other interest of the United States ; for which service they shall receive, in addition to their salaries, their actual and necessary expenses, while so absent from the seat of government, the account thereof to be verified by affidavit.
Sec. 6. *And be it further enacted*, That whenever a question of lawQuestions of law from War or Navy Departments. arises in the administration, either of the War or Navy Department, the cognizance of which is not given by statute to some other officer from whom the head of either of these Departments may require advice, the same shall be sent to the Attorney-General, to be by him referred to the proper officer in his Department provided for in this act, or otherwise disposed of as he may deem proper; and each head of any Department of the government may require the opinion of the Attorney-General on all questions of law arising in the administration of their respective Departments.
Sec. 7. *And be it further enacted*, That the duties enjoined upon theDuties of auditor of the Post-office Department.1836, ch. 270, § 14.Vol. v. p. 82.Prosecutions for offences against postal laws, &c. auditor of the Post-Office Department by the fourteenth section of the act entitled “An act to change the organization of the Post-Office Department, and to provide more effectually for the settlement of the accounts thereof,” passed July two, eighteen hundred and thirty-six, shall hereafter be performed by some officer of the Department of Justice, to be specially designated, under the direction of the Attorney-General, who shall also have the care of prosecutions for mail depredations and penal offenses against the postal laws.
Sec. 8. *And be it further enacted*, That the Attorney-General is herebyRules and regulations of the department. empowered to make all necessary rules and regulations for the government of said Department of Justice, and for the management and distribution of its business. Sec. 9. *And be it further enacted*, That the several officers hereinbeforeOfficers hereby transferred to hold office until, &c.Certain appointments to be made by the President;others by the Attorney-General. transferred from the other Departments to the Department of Justice shall hold their respective offices until their successors are duly qualified ; and the solicitor-general, and whenever vacancies occur, the assistants of the Attorney-General, and all the solicitors and assistant solicitors mentioned in this act, shall be appointed by the President, by and with the advice and consent of the Senate.
All the other officers, clerks, and employees in the said Department shall be appointed and be removable by the Attorney-General. Sec. 10. *And be it further enacted*, That the following annual salariesSalaries.Solicitor-general.Assistants of the Attorney-General.Solicitor of internal revenue.Other officers.Stenographic clerk. shall be paid to the officers hereinbefore mentioned: To the solicitor-general, seven thousand five hundred dollars; to each of the assistants of the Attorney-General, five thousand dollars each ; to the solicitor of the internal revenue, five thousand dollars ; and to the other officers the salaries and fees now allowed by law ; and the Attorney-General shall be allowed a stenographic clerk, with an annual salary of two thousand dollars, and he may appoint three additional clerks of the fourth class.
Sec. 11. *And be it further enacted*, That all moneys hereafter drawnAdditional clerks.Moneys drawn by the Attorney-General, how to be disbursed. out of the treasury upon the requisition of the Attorney-General, shall be disbursed by such one of the clerks herein provided for the Attorney-General as he may designate; and so much of the first section of the164 Repeal of part of 1859, ch. 80, § 1.Vol. xi. p. 420.act making appropriations, passed March three, eighteen hundred and fifty-nine, as provides that moneys drawn out of the treasury upon the requisition of the Attorney-General shall be disbursed by such disbursing officer as the Secretary of the Treasury may designate, is hereby repealed.
Sec. 12. Animal report of Attorney-General; when made, and to include what.*And be it further enacted*, That it shall be the duty of the Attorney-General to make an annual report to Congress, in January each year, of the business of the said Department of Justice, and any other matters appertaining thereto that he may deem proper, including Statistics of crime.the statistics of crime under the laws of the United States, and, as far as practicable, under the laws of the several States.
Sec. 13. Superintendent of treasury building to provide suitable rooms.*And be it further enacted*, That the superintendent of the treasury building shall provide such suitable rooms in the treasury building as may be necessary to accommodate the officers and clerks of the said Department, or, to the extent that that may be found impracticable, to provide such rooms in some other building in the vicinity of said treasury building. Sec. 14. Attorney-General may require any officer to perform any duty required.*And be it further enacted*, That the Attorney-General may require any solicitor or officers of the Department of Justice to perform any duty required of said Department or any officer thereof; and the officers of the law department, under the direction of the Attorney-General, Opinions.shall give all opinions and render till services requiring the skill of persons learned in the law, necessary to enable the President and heads of the executive Departments, and the heads of bureaus and other officers in such Departments to discharge their respective duties; and shall, for and on behalf of the United States, procure the proper evidence for, and Suits and proceedings.conduct, prosecute, or defend all suits and proceedings in the Supreme Court of the United States and in the court of claims, in which the No fees to any other attorney or counsellor, for any service herein required.United States, or any officer thereof, is a party or may be interested.
And no fees shall be allowed or paid to any other attorney or counsel[l]or at law for any service herein required of the officers of the Department of Justice. Sec. 15. Supervisory powers over accounts of district attorneys, &c. to be exercised by Attorney-general ;*And be it further enacted*, That the supervisory powers now exercised by the Secretary of the Interior over the accounts of the district attorneys, marshals, clerks, and other officers of the courts of the United States, shall be exercised by the Attorney-General, who shall sign all requisitions for the advance or payment of moneys out of the treasury, on estimates or accounts, subject to the same control now exercised on like estimates or accounts by the first auditor or first comptroller of the treasury.
Sec. 16. and over conduct and proceedings of attorneys of, or employed by, the United States.*And be it further enacted*, That the Attorney-General shall have supervision of the conduct and proceedings of the various attorneys for the United States in the respective judicial districts, who shall make report to him of their proceedings, and also of all other attorneys and counsel[l]ors employed in any cases or business in which the United States may be concerned. Sec. 17. Secretaries of departments not to employ attorneys or counsel at the expense of the United States;to call upon the Department of Justice.No counsel or attorney fees to be allowed, except, &c. and upon what certificate.Attorneys, &c. specially re-*And be it further enacted*, That it shall not be lawful for the Secretary of either of the executive Departments to employ attorneys or counsel at the expense of the United States ; but such Departments, when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same; and no counsel or attorney fees shall hereafter be allowed to any person or persons, besides the respective district attorneys and assistant district attorneys, for services in such capacity to the United States, or any branch or department of the government thereof, unless hereafter authorized by law, and then only on the certificate of the Attorney-General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or solicitor-general, or the officers of the department of justice, or by the district attorneys.
And every attorney and counsellor whoFORTY-FIRST CONGRESS. Sess. II. Ch. 150, 151, 152. 1870.165 tained to received a commission as special assistant to, &c. and shall take the oath, &c.shall be specially retained, under the authority of the Department of Justice, to assist in the trial of any case in which the government is interested, shall receive a commission from the head of said Department, as a special assistant to the Attorney-General, or to some one of the district attorneys, as the nature, of the appointment may require, and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabilities imposed upon such officers by law.
Sec. 18. *And be it further enacted*, That the Attorney-General shallEdition of the opinions of law officers to be published from time to time. from time to time cause to be edited and printed an edition of one thousand copies, at the government printing office, of such of the opinions of the law officers herein authorized to be given as lie may deem valuable for preservation, in volumes which shall be as to the size, quality of paper,Style, &c. of volumes, and how distributed. printing, and binding, of uniform style and appearance, as nearly as practicable, with the eighth volume of said opinions, published by Robert Farnham, in the year eighteen hundred and sixty-eight, which volumes shall contain proper head-notes, a complete and full index, and such footnotes as the Attorney-General may approve.
Such volumes shall be distributed in such manlier as the Attorney-General may from time to time prescribe. Sec. 19. *And be it further enacted*, That this act shall take effect andThis act what to take effect. be in force from and after the first day of July, eighteen hundred and seventy. Approved, June 22, 1870.