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published in newspapers of the cities of San Francisco, in California, and Portland, in Oregon. [R. S.]

Act of July 13, 1866, ch. 176, 14 Stat. L. 92.

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[Purchase of supplies by Quartermaster's and Commissary Departments — transportation of stores.] That hereafter all purchases of regular and miscellaneous supplies for the Army furnished by the Quartermaster's Department and by the Commissary Department for immediate use shall be made by the officers of such Department, under direction of the Secretary of War, at the places nearest the points where they are needed, the conditions of cost and quality being equal: Provided also, That all purchases of said supplies, except in cases of emergency, which must be at once reported to the Secretary of War for his approval, shall be made by contract after public notice of not less than ten days for small amounts for immediate use, and of not less than from thirty to sixty days whenever, in the opinion of the Secretary of War, the circumstances of the case and conditions of the service shall warrant such extension of time. The award in every case shall be made to the lowest responsible bidder for the best and most suitable article, the right being reserved to reject any and all bids. The Quartermaster-General and the Commissary General of Subsistence shall report promptly all purchases of supplies made by his Department, with their cost-price and place of delivery, to the Secretary of War, for transmission to Congress annually: Provided further, That in time of peace the number of draught and pack animals in the Quartermaster's Department of the Army shall not exceed six thousand, and that all transportation of stores by private parties for the Army shall be done by contract, after due legal advertisement, except in cases of emergency, which must be at once reported to the Secretary of War for his approval. [23 Stat. L. 109.]

This and the two following sections are from the Army Appropriation Act of July 5, 1884, ch. 217.

Partial repeal. The provisions in this and subsequent sections of this Act as to the report of purchases were directly repealed by the Act of March 2, 1895, ch. 177, sec. 1, given in ESTIMATES, APPROPRIATIONS, AND REPORTS, Vol. 2, p. 925. The provision as to the number of draught and pack animals was superseded by the Act of Sept. 22, 1888, ch. 1027, sec. 1, infra, p. 104.

When emergency may arise. An emergency may arise not only before the required public notice can be given, but after it has once been given, in consequence of the failure to receive any bids or proposals; in either case, the purchase thereupon would be an emergency purchase and come under the requirement of the statute for an immediate report to the secretary of war for his approval. (1886) 18 Op. Atty.-Gen. 349.

Machinery, stores, and patented articles.

When parts of machinery or of stoves or ranges or patented articles are needed, these supplies are required by the statute to be purchased in the same way as other quartermaster's supplies, i. e., by contract, after public notice, except in cases of emergency in which cases the purchase should be re ported to the secretary of war for his approval. (1886) 18 Op. Atty.-Gen. 349. Slaughter, etc., of pork. The war department, by its proper officers, may make a valid contract for the slaughtering, curing, and packing of pork, when that is the most expedient mode of securing army supplies of that kind. U. S. v. Speed, (1868) 8 Wall. (U. S.) 77, affirming (1866) 2 Ct. Cl. 429.

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Contract with citizen of rebellious state. — "An express contract made in behalf of the United States during the rebellion, with a citizen and resident of an insurrectionary state, for quartermaster's supplies, if the officer making it acted under competent authority, is valid." (1870) 13 Op. Atty. Gen. 314.

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[Purchase of horses for cavalry, artillery, and Indian scouts.] That hereafter all purchases of horses under appropriations for horses for the cavalry and artillery and for the Indian scouts shall be made by contract, after legal advertisement, by the Quartermaster's Department, under instructions of the Secretary of War, the horses to be inspected under the orders of the

General commanding the Army; and no horse shall be received and paid for until duly inspected. The Quartermaster-General shall report to the Secretary of War promptly, for transmission to Congress annually, all purchases and contracts for horses, mules, and military supplies for the Army made by his Department. [23 Stat. L. 109.]

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See note to preceding section. Repeal of the provision requiring a report of all purchases and contracts, see note to preceding section.

The Army Appropriation Act of March 2, 1889, ch. 372, 25 Stat. L. 830, contains the following provision:

"For the purchase of horses for the cavalry and artillery, and for the Indian scouts, and for such infantry as may be mounted, and the expenses incident thereto, dollars: Provided, That hereafter the number of horses purchased under this appropriation, added to the number on hand, shall not at any time exceed the number of enlisted men and Indian scouts in the mounted service; and that no part of this appropriation shall be paid out for horses not purchased by contract, after competition duly invited by the Quartermaster's Department, and an inspection by such Department, all under the direction and authority of the Secretary of War." [25 Stat. L. 830.]

This provision, except the word "hereafter," has annually appeared in the army appropriation acts since Act of June 30, 1886, ch. 574, 24 Stat. L. 97, and is repeated also without the word "hereafter" in the Acts down to March 15, 1898, ch. 69, 30 Stat. L. 323, with some slight changes. The insertion of the word "hereafter" indicates an intention of making the provision permanent. Frequent instances are found in the Statutes at Large, in which a provision is repeated annually in appropriation acts until, by the insertion of the word "hereafter," permanence is given and the provision is not subsequently repeated. In this instance and in several others the provision subsequently appears, contrary to the usual rule. know of no decision as to the permanency of the provision under such circumstances.

We

The Act of March 15, 1898, ch. 69, 30 Stat.

L. 323, contains a provision as follows:
"HORSES FOR CAVALRY AND ARTILLERY:

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For the purchase of horses for the cavalry
and artillery, and for the Indian scouts, and
for such infantry and members of the Hos-
pital Corps in field campaigns as may be
required to be mounted, and the expenses
incident thereto,
dollars: Provided,
That the number of horses purchased under
this appropriation, added to the number on
hand, shall not at any time exceed the num-
ber of enlisted men and Indian scouts in the
mounted service, and that no part of this
appropriation shall be paid out for horses
not purchased by contract after competition
duly invited by the Quartermaster's Depart-
ment, and an inspection by such department,
all under the direction and authority of the
Secretary of War." [30 Stat. L. 323.]

These provisions were suspended by the Act of June 7, 1898, ch. 392, as amended by the Acts of March 3, 1899, ch. 436, and Feb. 24, 1900, ch. 24, with other provisions of the same Act as stated in a note under the provision relating to Printing for Quartermaster's Department," infra, p. 104.

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The provisions of the Army Appropriation Act of June 30, 1902, ch. 1328, on this subject are as follows:

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HORSES FOR CAVALRY AND ARTILLERY: For the purchase of horses for the cavalry and artillery, and for the Indian scouts, and for such infantry and members of the Hospital Corps in field campaigns as may be required to be mounted, and the expenses incident thereto, dollars: Provided, That the number of horses purchased under this appropriation, added to the number now on hand, shall be limited to the actual needs of the mounted service, and unless otherwise ordered by the Secretary of War, no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster's Department, and an inspection under the direction and authority of the Secretary of War." [32 Stat. L. 515.]

[Purchase of means of transportation.]

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That hereafter all pur

chases of horses, mules, or oxen, wagons, carts, drays, ships and other seagoing vessels, also all other means of transportation, shall be made by the Quartermaster's Department, by contract, after due legal advertisement except in cases of extreme emergency; and hereafter all purchases and contracts of every kind made by the Quartermaster's Department shall be promptly reported to the Secretary of War, for transmission annually to Congress: Provided also, That hereafter the Quartermaster-General and his officers, under his instructions, wherever stationed, shall receive, transport, and be responsible for all property turned over to them, or any one of them, by the officers or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations

governing the transportation of Army supplies, the amount paid for such transportation to be refunded or paid by the Bureau to which such property or stores pertain. [23 Stat. L. 110.]

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See note to preceding sections.

· [SEC. 1.] [Limit of draught and pack animals.] portation: For transportation of the Army, including and hire of draught and pack animals:

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*Provided, That hereafter no

part of this appropriation shall be expended in the purchase for the Army of draught animals until the number on hand shall be reduced to five thousand, and thereafter shall only be expended for the purchase of a number sufficient to keep the supply up to five thousand. [25 Stat. L. 486.]

This is from the Army Appropriation Act

of Sept. 22, 1888, ch. 1027.

The provisions of this Act were suspended

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together with provisions of the Act of March 15, 1898, ch. 69, as set forth in note thereto under the following text.

[Printing for Quartermaster's Department.]

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part of the appropriations for the Quartermaster's Department shall be expended on printing unless the same shall be done by contract, after due notice and competition, except in such cases as the emergency will not admit of the giving notice.for competition:

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This is from the Act of March 15, 1898, ch. 69, entitled "An Act making appropriations for the support of the army for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine." It is a repetition of a similar provision occurring in the annual appropriation acts of Feb. 12, 1895, ch. 83, 28 Stat. L. 658; March 16, 1896, ch. 58, 29 Stat. L. 64; March 2, 1897, ch. 362, 29 Stat. L. 613.

The provisions of the above section were, by the Act of June 7, 1898, ch. 392, 30 Stat. L. 433, suspended in the discretion of the secretary of war during the existing war."

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This was amended by the Act of March 3, 1899, ch. 436, 30 Stat. L. 1350, to read " suspended for such further time as, in the discretion of the Secretary of War, may be found necessary, or until otherwise provided by Congress, not longer, however, than March first, nineteen hundred." The latter provision was amended by Act of Feb. 24, 1900, ch. 24, 31 Stat. L. 32, to read "suspended for such further time as, in the discretion of the Secretary of War, may be found necessary, or until otherwise authorized by Congress, not longer, however, than June thirtieth, nineteen hundred and one."

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[Printing for Quartermaster's Department.] the appropriations for the Quartermaster's Department shall be expended on printing, unless the same shall be done by contract after due notice and competition, except in such cases as the emergency will not admit of the giving notice of competition; and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the hire of the necessary labor for the purpose: [32 Stat. L. 514.]

This and the following section are from the Army Appropriation Act of June 30, 1902, ch. 1328.

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A similar provision was contained in the Act of March 2, 1901, ch. 803, 31 Stat. L. 905.

[Supplies for departments and posts of the Army.]

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after, except in cases of emergency or where it is impracticable to secure competition, the purchase of all supplies for the use of the various departments and

posts of the Army and of the branches of the Army service shall only be made after advertisement, and shall be purchased where the same can be purchased the cheapest, quality and cost of transportation and the interests of the Government considered; but every open-market emergency purchase made in the manner common among business men which exceeds in amount two hundred dollars shall be reported for approval to the Secretary of War under such regulations as he may prescribe. [32 Stat. L. 514.]

This is from the Army Appropriation Act of June 30, 1902, ch. 1328, immediately following the provision in the preceding text. A similar provision was contained in the Act of March 2, 1901, ch. 803, 31 Stat. L. 905.

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The Army Appropriation Act of March 15, 1898, ch. 69, 30 Stat. L. 322, contained a provision as follows: That after advertisement all the supplies for the use of the various departments and posts of the Army and of the branches of the Army service shall hereafter be purchased where the same can be purchased the cheapest, in the markets of the United States, quality and cost of transportation and the interest of the Government considered, except that purchases may be made in open market, in the manner common among business men, when the ag

gregate amount required does not exceed two
hundred dollars, but every such purchase shall
be immediately reported to the Secretary of
War."
[30 Stat. L. 322.]

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This provision down to the words CXcept that" has appeared in every army appropriation act since Act of Sept. 22, 1888, ch. 1027, 25 Stat. L. 481. The balance of the section has appeared since Act of Aug. 6, 1894, ch. 228, 28 Stat. L. 238, except that in the markets of the United States was first added by Act of March 2, 1897, ch. 362, 29 Stat. L. 613. The provision as it appears in the above note was suspended by the Act of June 7, 1898, ch. 392, and its amendments as set forth supra, p. 104, in note. It is now superseded by the provisions in the text.

[Technical and scientific supplies for Military Academy.]

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all technical and scientific supplies for the departments of instruction of the Military Academy shall be purchased by contract or otherwise, as the Secretary of War may deem best. [25 Stat. L. 12.]

This is from the Military Academy Appropriation Act of May 1, 1888, ch. 212. The same provision has been repeated in the subsequent appropriation acts of Feb. 12, 1889, ch. 137, 25 Stat. L. 666; March 2, 1889, ch. 372, 25 Stat. L. 829; June 20, 1890, ch. 437, 26 Stat. L. 168; March 2, 1891, ch. 495, 26 Stat. L. 821; July 14, 1892, ch. 172, 27 Stat. L. 172; March 1, 1893, ch. 186, 27 Stat. L.

520; July 26, 1894, ch. 167, 28 Stat. L. 155; Jan. 16, 1895, ch. 29, 28 Stat. L. 628; March 6, 1896, ch. 48, 29 Stat. L. 52; Feb. 10, 1897, ch. 214, 29 Stat. L. 524; March 5, 1898, ch. 38, 30 Stat. L. 259; Feb. 27, 1899, ch. 210, 30 Stat. L. 895; June 6, 1900, ch. 792, 31 Stat. L. 652; March 2, 1901, ch. 804, 31 Stat. L. 918; June 28, 1902, ch. 1300, 32 Stat. L. 416.

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[Expenditures on buildings, military posts, or grounds.] hereafter no expenditures exceeding five hundred dollars shall be made upon any building or military post, or grounds about the same, without the approval of the Secretary of War for the same, upon detailed estimates by the Quartermaster's Department; and the erection, construction, and repair of all buildings and other public structures in the Quartermaster's Department shall, as far as may be practicable, be made by contract, after due legal advertisement: *** [27 Stat. L. 484.]

This and the following section are from the Army Appropriation Act of Feb. 27, 1893, ch. 168.

"This provision, without the word 'hereafter,' but otherwise without important change, has occurred in every army appropriation Act since 1884. See 23 Stat. L. 111, 360; 24 Stat. L. 97, 399; 25 Stat. L. 487, 830; 26 Stat. L. 155, 776; 27 Stat. L. 180, 484." Compilers' note, Supp. R. S. 94.

"A claim for extras may not be allowed until the conditions precedent have been com

plied with. Therefore the payment of a claim for extras where no contract therefor is made in writing and where the expenditures amounting to over five hundred dollars were not submitted to the secretary of war for approval may not be allowed under R. S. secs. 3714, 3744, construed with the Act of April 10, 1878, ch. 58, 20 Stat. 36; Act of Feb. 27, 1893, ch. 168, 27 Stat. 484, and supplemented by par. 825 of the army regulations." Churchyard v. U. S., (1900) 100 Fed. Rep. 920.

[Construction of quarters for hospital stewards.]

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For construc

tion of quarters for hospital stewards at military posts already established and occupied, dollars: Provided, That hereafter the posts at which such quarters shall be constructed shall be designated by the Secretary of War, and such quarters shall be built by contract, after legal advertisement, whenever the same is practicable. [27 Stat. L. 484.]

See note to prior section.

"This provision, without the word 'hereafter,' has appeared in every army appropriation Act since 1886. See 24 Stat. L. 98,

Compilers' note, 2

399; 25 Stat. L. 486, 831; 26 Stat. L. 154, 777;
27 Stat. L. 181, 484."
Supp. R. S. 94.

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[Advertisement not required for medicines and medical supplies.] That hereafter so much of section thirty-seven hundred and nine, Revised Statutes, as requires advertisement before purchase shall not apply to the purchase of medicines and medical supplies. [27 Stat. L. 485.]

This is from the Army Appropriation Act of Feb. 27, 1893, ch. 168, under the provisions for appropriations for "medical department." The same provision, without the word "here

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after," appeared in the Army Appropriation Act of July 16, 1892, ch. 195, 27 Stat. L. 181. R. S. sec. 3709 is given supra, p. 93.

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Gun

: Provided.

[Contracts for fortifications in advance of appropriations.] and mortar batteries: For construction of fortifications, That contracts may be entered into, under the direction of the Secretary of War, for materials and work for construction of fortifications, to be paid for as appropriations may from time to time be made by law, to an additional sum in the aggregate not to exceed two million five hundred thousand dollars. * [29 Stat. L. 257.]

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That no contract for the expenditure of any portion of the money herein provided, or that may be hereafter provided for the purchase of steel shall be made until the same shall have been submitted to public competition by the Department by advertisement. L. 769.]

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* * That no contract for oil-tempered and annealed steel for high-power coast-defense guns and mortars shall be made at a price exceeding twenty-three cents per pound;

[29 Stat. L. 642.]

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