CHAPTER XXVIII.

MISCELLANEOUS PROVISIONS AFFECTING THE ARMY.

ADVERTISEMENTS.

921. It shall be the duty of the several executive departments of the government to publish, in one of the daily newspapers of the city of Washington, on Tuesday of each week, a list of all contracts which shall have been solicited or proposed to each, respectively, during the week next preceding, which list shall state briefly the subject-matter of each contract so solicited or proposed to be made, its terms, the name of the proposed contractor and of all persons known to be interested therein, directly or indirectly, and of all persons who solicit, request, or recommend the making of any such contract. Provided, That the foregoing provision shall not be applicable to bids made in pursuance of advertisements for contracts or purchases made under existing laws, but shall apply to all proposed modifications of existing contracts.'-Joint Resolution, July 12, 1862.

1 Under this joint resolution and the appropriation acts of May 18, 1866, March 2, 1867, July 20, 1868, and July 15, 1870, the heads of executive departments are required to publish all advertisements, to be published in the District of Columbia, and in Maryland and Virginia, in the two daily papers in said District having the largest circulation, and in another paper in said District designated by the clerk of the House of Representatives; and such advertisements as are made to the other Statesand Territories may be published also in these District of Columbia papers, if so. authorized by the chief of the executive department.

(a.) The same publications are to be made in each of said papers equally as to frequency; the circulation of such papers is to be determined upon the 10th day of Juneannually; the publishers of all papers competing for such advertising are to furnish a sworn statement of their bona fide paid circulation of each regular issue for thepreceding three months; and, in like manner, to certify under oath that such circula tion has not, during the said three months, been increased by any gratuitous circula-tion, by a reduction in price below the ordinary and usual price of such papers, or by any other means, for the purpose of obtaining the official advertising; and the chargesfor such advertising are not to be greater than are paid for the same publications in. other cities, or at a higher rate than is paid by individuals for like advertising

(b.) Sec. 7, act of March 2, 1867, provides, That it shall be the duty of the clerk of the House of Representatives to select in Virginia, South Carolina, North Carolina,. Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas, one or more newspapers, not exceeding the number now allowed by law, in which all such.

922. The laws relating to the army, navy, the militia and the marine corps of the United States shall be published officially in the United States Army and Navy Journal, at such rates as are fixed by the secretary of state for the publication of the laws of the United States.-Sec. 13, March 2, 1867, chap. 167.

923. No advertisement, notice, or proposal for any executive department of the government, or for any bureau thereof, or for any office therewith connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such department; and no bill for any such advertising, or publication, shall be paid, unless there be presented with such bill a copy of the written authority aforesaid.'— Sec. 2, July 15, 1870, chap. 292.

AGENTS.

924. Exclusively of the purveyor of public supplies,' paymasters of the army, pursers of the navy, military agents, and other officers already authorized by law, no other permanent agents shall

advertisements as may be ordered for publication in said districts, by any executive officer of the United States, shall be published, the compensation for which, and other terms of publication, shall be fixed by said clerk at a rate not exceeding one dollar per square of eight lines of space, for the publication of advertisements, the accounts for which shall be adjusted by the proper accounting officers and paid in the manner now authorized by law in the like cases; and said clerk shall notify each head of the several executive departments of the papers selected by him in accordance with the foregoing provisions; and it shall be the duty of the several executive officers charged therewith to furnish to such selected papers only an authentic copy of the publications to be made as aforesaid; and no money hereby or otherwise appropriated shall be paid for any publications or advertisements hereafter to be made in said districts, nor shall any such publication or advertisement be ordered by any department or public officer, otherwise than as herein provided.

See also Chap. iii., ¶¶98, 106.

The heads of the several bureaus of the war department will furnish to all officers charged with the publication of advertisements complete lists of newspapers selected for the public advertising, in pursuance of secs. 7 [see clause b, note 1] and 10 of an act approved March 2, 1867, and sec. 2 of an act approved July 20, 1868 [see note 1, and clause a], and the list of newspapers, designated by the secretary of war, together with the regulations and orders of the war department upon the subject, and all necessary blanks for compliance with these regulations. The publication of military orders and circulars in newspapers is, however, not authorized by these regulations. -Special Regulations, August 10, 1871.

For laws governing "job printing," or all other printing than that inserted in newspapers, see ¶¶964-967, and notes thereto.

AGENTS. The offices of "purveyor of public supplies" and of "military agents" were abolished by the act of March 28, 1812 (secs. 9, 18); the purveyor's duties being divided between the purchasing and the quartermaster's department (see Chap. viii., ¶¶225, 226, and notes 7, 10, 14), and the agents being superseded by the "deputy and assistant deputy quartermasters." It had been the duty of these agents "to purchase, receive, and forward to their proper destination all military stores, and other articles for the troops of their respective departments," and were to "account with the department of war, annually, for all the public property which may pass through their hands, and all the moneys which they may expend in discharge of the duties of their offices respectively," etc. See sec. 17, act of March 16, 1802, chap. 9.

3a

be appointed either for the purpose of making contracts, or for the purchase of supplies, or for the disbursement in any other manner of moneys for the use of the military establishment, or of the navy of the United States, but such as shall be appointed by the President of the United States, with the advice and consent of the Senate. Provided, That the President may, and he is hereby authorized, in the recess of the Senate, to appoint all or any of such agents, which appointments shall be submitted to the Senate at their next session, for their advice and consent, and the President of the United States is hereby authorized, until otherwise provided by law, to fix the number and compensation of such agents. Provided, That the compensation allowed to either shall not exceed one per cent. on the public moneys disbursed by him, nor in any instance the compensation allowed by law to the purveyor of public supplies.-Sec. 3, March 3, 1809, chap. 28.

925. Every such agent as may be appointed by virtue of the next preceding section, and every purser of the navy, shall give bond with one or more sufficient sureties, in such sums as the President of the United States may direct, for the faithful discharge of the trust reposed in him.-Sec. 4, ibid.

926. Whenever it shall become necessary for the head of any department or office to employ special agents, other than officers of the army or navy, who may be charged with the disbursement of public moneys, they shall prior to entering upon duty as such give bond in such form and with such security as the head of the department or office employing said agent may approve."-Sec. 14, August 4, 1854, chap. 242.

(a.) A department commander has no authority to appoint a civilian purchasing agent for the government, nor can he invest a civilian with discretion to make contracts.-Reeside v. United States, 2 Nott & Huntington, 1. See also Chap. viii.,

note 7 a.

(b.) The law of general and special agents declared applicable to commanding and subordinate officers in their relations with the government and its contractors.Stevens v. United States, 2 ibid., 101. See Chap. iii., note 65 d.

(c.) The United States are not bound by the declarations and representations of their agents, unless it clearly appears that he was acting within the scope of his authority, and was empowered in his capacity as agent to make the declaration. See 2 Paine's Reports, 68.

(d.) Agents for the transportation of troops, etc., may be appointed by the secretary of war. See Chap. ii., ¶ 5.

(e.) Agents to receive and collect abandoned property, etc., in insurrectionary States, provided for in¶952.

(ƒ.) Ând the acts of June 23, 1866, and March 2, 1867, making appropriations for the public works of internal improvement, provide that "all persons not holding commissions in the regular army of the United States, who shall be intrusted with a disbursement of the funds appropriated for the works named in this act, shall be required to give bond and ample security for the faithful application of the same;

927. No officer or agent of any banking or other commercial corporation, and no member of any mercantile or trading firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation or firm, shall be employed or shall aet as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member, or person, so interested, who shall so act, shall, upon conviction thereof, be punished by a fine of not more than two thousand dollars nor less than five hundred dollars, and by imprisonment for a term not exceeding two years.-Sec. 8, March 2, 1863, chap. 67.

CIVIL EMPLOYMENT.

928. The officers of the army shall not be separated from their regiments and corps for employment on civil works of internal improvement, or be allowed to engage in the service of incorporated companies; and no officer of the line of the army shall hereafter be employed as acting paymaster, or disbursing agent for the Indian department, if such extra employment require that he be separated from his regiment or company, or otherwise interfere with the performance of the military duties proper.-Sec. 31, July 5, 1838, chap. 162.

929. For the purpose of promoting knowledge of military science among the young men of the United States, the President may,

and no such disbursing officer in the army of the United States shall receive any commission or compensation for making such disbursements."

CIVIL EMPLOYMENT OF OFFICERS.-This prohibition is remarkable in view of the fact that the same act in providing (sec. 5) for organization of a distinctive corps of topographical engineers, repealed (sec. 6) the authority granted to the President, by act of April 30, 1824, to employ civil engineers upon national works of internal improvement. See Chap. xii., ¶ 378, and note 6.

(a.) Coast survey.-The act of March 3, 1843, in making provision for a reorganization of the coast survey, directs the employment upon that duty of "as many officers of the army and navy as will be compatible with the successful prosecution of the work," etc. And, for assignment of graduated cadets to that duty, see Chap. iv., 154.

(b.) Lighthouse duty.-For statutes authorizing and directing employment of army officers on this duty see Chap. xii., ¶¶ 386–393; and their employment on the board of public works for the District of Columbia is recognized by the act of February 21, 1871, sec. 38, chap. 62.

(c.) MILITARY INSTRUCTION.-It is a condition of the act of July 2, 1862, "donating public lands to the several States and Territories" for educational purposes, that the funds received from the sales of such lands shall be appropriated by each State to the endowment of "at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts."

(d.) "Any officer" who accepts or holds any appointment in the diplomatic or consular service, or any officer "on the active list" who accepts or exercises the functions of "a civil office," held to have vacated their commissions in the army. See Chap. xx., 562, 563.

upon the application of an established college or university within. the United States, with sufficient capacity to educate at one time not less than one hundred and fifty male students, detail an officer of the army to act as president, superintendent, or professor of such college or university; that the number of officers so detailed shall not exceed twenty at any time, and shall be apportioned through the United States, as nearly as practicable, according to population, and shall be governed by general rules, to be prescribed from time to time by the President."-Sec. 26, July 28, 1866, chap. 299.

COMPANY COOKING.

930. The officers of the medical department shall unite with the line officers of the army, under such rules and regulations as shall be prescribed by the secretary of war, in supervising the cooking within the same, as an important sanitary measure, and that said medical department shall promulgate to its officers such regulations and instructions as may tend to insure the proper preparation of the ration of the soldier.-Sec. 8, March 3, 1863, chap. 78.

931. Cooks shall be detailed, in turn, from the privates of each company of troops in the service of the United States, at the rate of one cook for each company numbering less than thirty men, and two cooks for each company numbering over thirty men, who shall serve ten days each.-Sec. 9, ibid.

COMPANY TAILORING.

932. It shall be lawful for the commanding officer of each regiment whenever it may be necessary, to cause the coats, vests, and overalls, or breeches, which may from time to time be issued to and for his regiment,' to be altered and new made, so as the better to fit them to the persons, respectively, for whose use they shall be delivered, and for defraying the expense of such alteration, to cause to be deducted and applied, out of the pay of such persons, a sum or sums not exceeding twenty-five cents for each coat, eight cents for each vest, and for each pair of overalls or breeches.-Sec. 23, March 3, 1799, chap. 48.

(e.) Officers detailed under this act (¶929) are not absent from their "appropriate duties."-Adjutant-general, June 26, 1868. But under rulings of the secretary of war they are denied mileage, quarters, and fuel.—Ibid., April 2, June 7, 1872.

5 Army Regulations make provision for the necessary alteration of the men's clothing, under direction of the company commanders, and as these regulations were made under authority of more recent legislation (¶ 182), the above paragraph is probably fully supplied.