OPERATION. 29 



animal products as cease to be needed in the work of the department, 

 and all moneys received from the sale of such animals or animal 

 products or as a bonus in the exchange of the same shall be deposited 

 in the Treasury of the United States as miscellaneous receipts. 



Sale of condemned property. 



Act of March 4, 1907 (34 Stat., 1256). 



* * * and hereafter he [Secretary of Agriculture] may dispose 

 of photographic prints (including bromide enlargements), lantern 

 slides, transparencies, blue prints, and forest maps at cost and ten 

 per centum additional, and condemned property or materials under 

 his charge in the same manner as provided by law for other bureaus. 



DECISIONS. 1 

 Employees. 



An officer or employee of the Federal Government is exempt from 

 the operation of State legislation in so far as it may interfere with, 

 or impair, his efficiency in performing the functions by which he is 

 designed to serve that Government. Otherwise he does not cease to 

 be subject to the laws of the State under whose jurisdiction he may 

 be bv reason of becoming a Federal officer or employee. (Sol. Op., 

 Aug. 14, 1915.) See also 2 Sol. Op., Ml. 



It is the opinion of this office that the levy against a Federal 

 officer or employee of a poll road tax, to be paid in money, does not 

 hinder the performance of his duty to the United States Government, 

 and that he is not entitled to exemption from the tax by reason of 

 being such officer or emplo3 7 ee. Whether, in such case, the officer or 

 employee is liable to the tax depends upon the interpretation and 

 application of the particular State statute which imposes it. (Id.) 



In the case at hand, it appears that for a period of more than 12 



months Mr. has actually lived in , Idaho, has received 



the protection of the laws of the State, and has probably used its 

 roads. Under these circumstances it is believed that he should pay 

 the road poll tax of $4 assessed against him under the Idaho statute. 



( Id -) 



Forest supervisors are not authorized to commute leave without 

 pay to leave with pay. (1 Sol. Op., 73.) 



An employee of this department can not receive compensation 

 from it while on leave with pay from the Indian Service. (1 Sol. 

 Op., 102.) 



Forest officers, being charged with the duty of protecting the Na- 

 tional Forests and invested with authority to make arrests, may carry 

 concealed weapons, if necessary to the discharge of these duties, and 

 in doing so are not subject to the State laws regarding the carrying of 

 concealed weapons. (1 Sol. Op., 112.) 



It is not the duty of forest officers directly to prosecute in a State 

 court a person accused of violating State statutes by starting a fire 

 which spreads to Xational Forest lands. In such case they would 

 perform their full duty by calling the attention of the proper State 

 officers to the alleged crimimnal offense, suggesting action and offer- 

 ing to aid in all proper ways. (2 Sol. Op., 693.) 



1 See also decisions under " Fiscal Management." 



