Edward Douglass White

“ The provision of the statute limiting the pay of the vice consul or temporary officer out of the pay of the principal official, the incumbent, is also susceptible of but one construction; that is, that the temporary officer could be called upon to discharge the duties, even although there was an incumbent, where from absence or other adequate cause he ceased temporarily to perform his duties. ”

“ The construction rendered necessary by a consideration of the text of the statute and the regulations, by the remedy intended to be afforded, and the evil which it was their purpose to frustrate, is that the power to designate in case of the absence or the temporary inability of the consul general was lodged in a superior officer, if there was such officer in the country where the consul discharged his duty, and, if not, on the happening of the conditions contemplated by the rule, the officer highest in rank was authorized to make the temporary appointment. ”

“ In case a vacancy occurs in the offices both of consul and vice consul, which requires the appointment of a person to perform temporarily the duties of the consulate, the diplomatic representative has authority to make such appointment, with the consent of the foreign government and in conformity to law and these regulations, immediate notice being given to the department of state. ”

“ The compensation of a vice consul general, vice consul, or a vice commercial agent is provided for only from that of the principal officer. The rules i respect to his compensation are as follows, viz.:
' (1) In case the principal officer is absent on leave for sixty days or less, in any one calendar year, and does not visit the United States, the vice consular officer acting in his place is entitled to one-half of the compensation of the office from the date of assuming its duties, unless there is an agreement for a different rate, the principal officer receiving the remainder. ”

“ If there be no consul general or diplomatic representative, the nomination should be transmitted directly to the department of state, as should also the nomination for subordinate officers in Mexico, British India, Manitoba and British Columbia. The nomination for vice consul general and deputy consul general must be submitted to the diplomatic representative for approval, if there be one resident in the country. ”

“ Having received the public moneys as paymaster, he must account for them as paymaster.' In U.S. v. Linn, 15 Pet. 313, suit was brought upon an undertaking executed by Linn as receiver of public moneys, with sureties. ”

“ Le Baron, 19 How. 77, expressions are found which appear inconsistent with those to which we have just called attention. But the question presented in the Le Baron Case was as to the proper construction of the language of a bond which had been given by a government official, subsequent to his permanent appointment as a deputy postmaster, which bond was executed at the time the appointee was performing the duties of the office under a temporary appointment made during a recess of the senate. ”