213. Bidders' bonds; failure to fulfill contract. He may require every bid to be accompanied by a written guaranty, signed by one or more responsible persons, to the effect that he or they undertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of War or the officer authorized to make a contract in the premises, give bond with good and sufficient sureties to furnish the supplies proposed or to perform the service required. If after the acceptance of a bid and a notification thereof to the bidder he fails within the time prescribed by the Secretary of War or other duly authorized oflicer to enter into a contract and furnish a bond with good and sufficient security for the proper fulfillment of its terms, the Secre tary or other authorized officer shall proceed to contract with some other person to furnish the supplies or perform the service required, and shall forthwith cause the difference between the amount specified by the bidder in default in the proposal and the amount for which he may have contracted with another party to furnish the supplies or perform the service for the whole period of the proposal to be charged up against the bidder and his guarantor or guarantors, and the sum may be immediately recovered by the United States for the use of the War Department in an action of debt against either or all of such persons.-Ibid.

214. Bidders to be notified of time and place.-Whenever proposals for sup plies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening of bids and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made.-Sec. 3710, R. S.

PREPARATION AND EXECUTION OF CONTRACTS.

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215. Contracts to be in writing; copy to be filed.-It shall be the duty of the Secretary of War to cause and require every contract made on behalf of the Government, or by officers under them appointed to make such contracts, to be reduced to writing and signed by the contracting parties with their names at the end thereof, a copy of which shall be filed by the officer making and signing the contract in the Returns Office of the Department of the Inte rior, as soon after the contract is made possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal and marked by numbers in regular order, according to the number of papers composing the whole return.-Sec. 3744, R. S.

216. Oath to contract.-It shall be the further duty of the officer before making his return according to the preceding section to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with that I made the same fairly, without any benefit or advantage to myself or allowing any such benefit or advantage corruptly to the said or any other per

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son; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided."-Sec. 8745, R. S.

217. Penalty for failure to make return.-Every officer who makes any contract, and fails or neglects to make return of the same, according to the provi

sions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned not more than six months.-Sec. 3746, R. S.

218. Printed instructions, blank forms, etc., to be furnished.—It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.-Sec. 3747, R. S.

219. Advances of money to be deposited.-All contracts to be made, by virtue of any law and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress.-Sec. 3743, R. S., as amended by act of Feb. 27, 1877 (19 Stat., 249), and sec. 18, act of July 31, 1894 (28 Stat., 210).

CORRESPONDENCE-OFFICIAL.

220. To be free of postage.-It shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or package to entitle it to pass free shall bear over the words "Official business an indorsement showing also the name of the department, and, if from a bureau or office, the names of the department and bureau or office, as the case may be, whence transmitted.-Sec. 5, act of Mar. 3, 1877 (19 Stat., 335).

221. Envelopes to be contracted for by Postmaster General.-The Postmaster General shall contract for all envelopes, stamped or otherwise, designed for sale to the public or for use by his own or other departments, and may contract for them to be plain or with such printed matter as may be prescribed by the department making requisition therefor: Provided, That no envelope furnished by the Government shall contain any business address or advertisement.-Sec. 96, act of Jan. 12, 1895 (28 Stat., 624).

222. Penalty envelope may be inclosed for reply to official correspondence.— Any department or officer authorized to use the penalty envelopes may inclose them with return address to any person or persons from or through whom official information is desired, the same to be used only to cover such official information and indorsements relating thereto.-Sec. 3, act of July 5, 1884 (23 Stat., 158).

223. May be registered free; part-paid letters, etc., free.-Any letter or packet to be registered by either of the executive departments or bureaus thereof, or by the Agricultural Department or by the Public Printer, may be registered without the payment of any registry fee; and any part-paid letter or packet addressed to either of said departments or bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional such letter or packet shall be returned to the sender.-Ibid.

FLAG OF THE UNITED STATES.

224. Description of.-The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirty-seven stars, white in a blue field.-Sec. 1791, R. S.

225. Addition of a star for every new State. On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.-Sec. 1792, R. S.

226. Retention of colors by volunteer regiments authorized.-The Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper officials of the War Department a receipt from the quartermaster general of said State that said colors have been delivered to said State authorities.Act of Feb. 25, 1899 (30 Stat., 890).

227. Use of in registering trade-marks prohibited.-No mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark * * * (b) consists of.or comprises the flag or coat of arms or other insignia of the United States, or any simulation thereof, or of any State or municipality, or of any foreign nation.-Act of Feb. 20, 1905 (33 Stat., 725).

228. Punishment for the desecration, mutilation, or improper use of within the District of Columbia.—That hereafter any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag. standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale or to public view, or give away or have in possession for sale or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words " 'flag, standard, colors, or ensign," as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any sub

stance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.-Act of Feb. 8, 1917 (39 Stat., 900).

MEDALS AND BADGES.

229. Congressional medal to volunteers for service in suppressing Philippine insurrection.-The Secretary of War be, and he is hereby, authorized and directed to procure a bronze medal, with suitable device, to be presented to each of the several officers and enlisted men and families of such as may be dead, who, having volunteered and enlisted under calls of the President for the War with Spain, served beyond the term of their enlistment to help to suppress the Philippine insurrection, and who subsequently secured an honorable discharge from the Army of the United States, or who died prior to such discharge.Act of June 29, 1906 (34 Stat., 621).

230. Certificates of merit.-When any enlisted man of the Army shall have distinguished himself in the service, the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him a certificate of merit.-Sec. 1216, R. S., as amended by act of Mar. 29, 1892 (27 Stat., 12).

NATIONAL CEMETERIES.

CARE AND MAINTENANCE OF.

231. Secretary of War to submit annual estimate.-The Secretary of War shall provide for the care and maintenance of the national military cemeteries, and for this purpose shall submit an estimate with his annual estimates to Congress, and section 4876 of the Revised Statutes is hereby repealed.—Act of July 24, 1876 (19 Stat., 99).

232. Acquisition of land by purchase, etc.-The Secretary of War shall purchase from the owners thereof, at such price as may be mutually agreed upon between the Secretary and such owners, such real estate as in his judgment is suitable and necessary for the purpose of carrying into effect the provisions for national cemeteries, and obtain from such owners the title in fee simple for the same. And in case the Secretary of War is not able to agree with any owner upon the price to be paid for any real estate needed for such purpose, or to obtain from such owner title in fee simple for the same, the Secretary is hereby authorized to enter upon and appropriate any real estate which, in his judgment, is suitable and necessary for such purposes.—Sec. 4870, R. S.

233. Appraisement of real estate when taken.-The Secretary of War, or the owners of any real estate thus entered upon and appropriated, are authorized to make application for an appraisement of real estate thus entered upon and appropriated to any circuit or district court within any State or district where such real estate is situated; and such court shall, upon such application, and in such mode and under such rules and regulations as it may adopt, make a just and equitable appraisement of the cash value of the several interests of each and every owner of such real estate and improvements thereon.-Sec. 4871, R. S.

234. Payment of appraised value.-When appraisement of the real estate thus entered upon and appropriated has been made under the order and direction of the court, the fee simple thereof shall, upon payment to the owner of the appraised value, or in case such owner refuses or neglects for thirty days after the appraisement of the cash value of the real estate or improvements as aforesaid to demand the same from the Secretary of War upon depositing the appraised value in the court making such appraisement to the credit of such owner, be vested in the United States, and its jurisdiction over such real estate shall be exclusive and the same as its jurisdiction over real estate purchased, ceded, or appropriated for the purposes of navy yards, forts, and arsenals. The Secretary of War is authorized and required to pay to the several owner or owners, respectively, the appraised value of the several pieces or parcels of real estate, as specified in the appraisement of any of such courts, or to pay into any of such courts by deposit, as hereinbefore provided, the appraised value; and the sum necessary for such purpose may be taken from any moneys appropriated for the purposes of national cemeteries.-Sec. 4872, R. S.

235. Purchase of additional land in Cave Hill Cemetery. For the purchase of additional land in Cave Hill Cemetery, at Louisville, Kentucky, for the burial of soldiers of the Union Army in the late Civil War and in the War with Spain, twenty-five thousand dollars: Provided, That the amount of land herein authorized to be purchased and the price paid therefor shall be within the discretion of the Secretary of War.-Act of Aug. 24, 1912 (37 Stat., 440).

236. Authority for.-In the arrangement of the national cemeteries established for the burial of deceased soldiers and sailors, the Secretary of War is hereby directed to have the same inclosed with a good and substantial stone or iron fence; and to cause each grave to be marked with a small headstone or block, which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the office of the Quartermaster General, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier; or if these are unknown, it shall be so recorded.-Sec. 4877, R. S.

237. Headstones for soldiers buried in private, village, or city cemeteries.—That the Secretary of War is hereby authorized to erect headstones over the graves of soldiers who served in the Regular or Volunteer Army of the United States during the war for the Union, and who have been buried in private, village, or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy-three, for those interred in national military cemeteries; and for this purpose, and for the expenses incident to such work, so much of the appropriation of one million dollars, made in the act above mentioned, as has not been expended, and as may be necessary, is hereby made available.-Act of Feb. 3, 1879 (20 Stat., 281).

238. Records to be maintained in War Department.-The Secretary of War shall cause to be preserved in the records of his department the names and places of burial of all soldiers for whom such headstones shall have been erected by authority of this or any former acts.—Ibid.