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1395. Number and appointment of.
1396. Qualifications of.
1397. Form of worship.
1398. Annual report.

1479. Rank.
1481. Rank when retired from age, etc.
1556. Pay.

p. 500.


See note 1.
Form of wor-


Title 16, chap. 1. SEC. 1395. There shall be in the Navy, for the public Number a n d armed vessels of the United States in actual service not

Apr. 21, 1806, s. exceeding twenty-four chaplains, who shall be appointed 3, v. 2, p. 390; by the President with the advice and consent of the A pr. 16, 1814, s. 5, v. 3, p. 125; Aug.

Senate. 4, 1842, s. 1, v. 5, Qualifications SEC. 1396. A chaplain shall not be less than twenty-one July 14, 1862, s. Dor more than thirty-five years of age at the time of his 7, v. 12, p. 565.


SEC. 1397. Every chaplain shall be permitted to conduct ship.

June 1, 1860, s. public worsbip according to the manner and forms of the 1, v. 12, p. 24.

church of which he may be a member. Annual report. SEC. 1398. Chaplains shall report annually to the SecreJune 1, 1860, s. tary of the Navy the official services performed by them. 1, p. Title 15, Chap. 4. SEC. 1479, Chaplains shall have relative rank as follows:

Four, the relative rank of captain; seven, that of comMar 3, 1871, 8: mander; and not more than seven, that of lieutenant-comsame soc., "Rank mander or lieutenant. and Precedence. SEC. 1481. Chaplains,

who shall length of service. have served faithfully for forty-five years, shall, when

Mar. 3, 1871, s. retired, have the relative rank of commodore; and 11, v. 16, p. 337.

who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service,

have the relative rank of commodore. Title 15, Chap.8. SEC. 1556. Chaplains, during the first five years after Pay.

date of commission, when at sea, two thousand five hunJuly 15, 2870, s. dred dollars; on shore duty, two thousand dollars; on 3, v. 16, 331.

leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars; on leave, or waiting orders, one thousand nine hundred dollars.

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Rank when re. tired for age or


416. In Bureau Yaris and Docks,
1413. Appointment of civil engineers.

1478. Rank. General order.
1556. Pay.

Title 10.

Bureau of

SEC. 416. There shall be in the Yards and

Yards and Docks: one civil engineer. Docks.

July 5, 1862, v. 12, p. 510.

See sec. 1396.

Note 1.- Under this act the President can not appoint a chaplain above the age of thirty.tive, although before its passage he had instructed the Secretary of the Navy to prepare the nomination of the person to the Senate. (Op., X, p. 324, Bates, Aug. 28, 1862.)



Mar. 2, 1867, 8.



See note 1.


SEC. 1413. The President, by and with the advice and Title 15, chap. 1. consent of the Senate, may appoint a civil engineer

Appointment at each of the navy-yards where such officers may be

navy-yards. necessary.

1, v. 14, p. 490; June 17, 1868, s.

1, v. 15, p. 69. SEC. 1478. Civil engineers shall have such relative rank Title 15, chap. 4. as the President may fix.

Mar. 3, 1871, 8. 9, v. 16, p. 536. See same sec., “Rank

and Precedence." The President of the United States has this day, under the provisions of section 1478 of the Revised Statutes, conferred relative rank on civil engineers of the Navy, and fixed the same as follows:

One with the relative rank of captain. Two with the relative rank of commander. Three with the relative rank of lieutenant-commander. Four with the relative rank of lieutenant. Civil engineers will take precedence in their corps, and General Order with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy. SEC. 1556.

Civil engineers, during the first five Title 15, chap. 8. years after date of appointment, when on duty, two thou

Pay. sand four hundred dollars; on leave, or waiting orders, one, July 15, 1870, s.

3, v. 16, p. 331. thousand five hundred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand six hundred dollars.

SEC, 7. That section two of the Act making appropriations for the legislative, executive, and judicial expenses 29 Stat. L., 202. of the Government for the fiscal year ending June thirtieth, 2, S. R. S., V. eighteen hundred and ninety-five, and for other purposes, Rivers and harapproved July thirty-first, eighteen hundred and ninety- boretired army four, shall not be so construed as to prevent the employ.

and navy ofBeers

may be employed ment of any retired officer of the Army or Navy to do work and compen. under the direction of the Chief of Engineers of the United sated,

July 31, 1894, States Army in connection with the improvement of rivers ch. 174, g. 2, ante and harbors of the United States, or the payment by the P. Bela proper officer of the Treasury of any amounts agreed upon notwithstanding as compensation for such employment.

veto, June 3, 1896.

June 3, 1896.

Became a law



Note 1.-See Ops., XV, pp. 165, 597; XVI, p. 203, and June 17, 1881.



Sec. 1549. Regulations of supplies.

3736. Restriction on purchases of land. 3648. Advances of public money on con

3737. Notransfer of contract. tracts.

3738. Eight hours to be a day's work. 3709. Advertisements for proposals, 3739. Members of Congress not to be in. 3710. Opening bids.

terested in contracts. 3714. Contracts for the military or naval 3740. What interest Members of Congress service, how controlled.

may have 3718. Naval supplies to be furnished by 3741. Stipulation that no Member of Con. contract.

gress has an interest. 3719. Guarantee.

3742. Penalty against officer for making 3720. Record of bid and report to Con- |

contract with a Member of Con. gross.

3721. Purchase without advertisements. 3743. Deposit of contracts.
3722. What bids may be rejected, etc.; 37-14. Contracts to be in writing.
opening bids.

37.15. Oath to contract.
3723. Contracts for foreign supplies for ' 3746. Penalty for omitting returns.
the Navy.

1 3747. Instructions.
3724. Rejection of excessive bids.

1512-515. Returns office. 37:25. Hemp.

5503. Contracting beyond appropriaticns. 3726. Preserved meats, etc.

Rent of buildings.
3727. Flour and bread.

Materials for steam boilers.
3728. Home manufactures to be preferred; Tobacco for the Navy.

Cotton cordage for the Navy.
3729. Bunting

Life-saving dress.
3730. Relinquishment of reservations on Torpedoes for the Navy.

Small stores fund.
3731. Name of contractor to appear on 3711. Inspection of fuel in District of

Columbia; appointment of in3732. Unauthorized contracts prohibited.

spectors, etc. 3733. No contract to exceed appropria 3712. Appointment of inspectors, etc., to tion.

be notitied to accounting oflicers. 2734. Restrictions on commencement of 3713. No payment withont certificates. new buildings.

28 Stat., p. 278. Material men. 3735. Contracts limited to one year.

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Title 16, chap. 7. SEC. 1549. It shall be the duty of the President to make,

Regulations of subject to the provisions of law concerning supplies, such supplies. regulations for the purchase, preservation, and disposition

, s. 2, v. 5, p. 535; of all articles, stores, and supplies for persons in the Navy, Mar 3, 1847, s. 1, as may be necessary for the safe and economical adminis

tration of that branch of the public service.


See note 1.

See sec. 1549.

Note 1.-Authority given by Congress to make a contract implies none to change it after it is made. (Op., IX, 80, 104; see post, Supreme Court Decisions.)

Where a contract is made, after advertisement, with the lowest bidder, the head of a Department has no authority to modify its terms in regarıl to time of delivery, or any other of its material elements. (Op., IV, Sept. 24, 1844, p. 334.)

Can not be renewed and extended at iho pleasure of a head of a Department. No extension, unless for a period fixed as au alternative in the proposals, is authorized or sanctioned by law. (Op., XIII, 175, Dec. 4, 1869.)

An act directing the Secretary of the Navy to enter into a contract is not a contract per se.

The Secretary makes the contract, and may vary the details. (Wallace, VIII, p. 358; C. C., I. 28.)

Where the Secretary of the Navy may enter into a contract for the construction of a vessel, he may suspend the work contracted for anıl agree with the contractors as to the compensation to be paid for the partial completion of the same. (C.C., II, p. 126: Otto, V, 91, p. 321.)

When a contract is closed the general rule is that it must be exocuted without change of terms, which are not subject, in general, to change at the will of either party or of both parties. (Op., X, 480.) Later authorities appear to favor the exer. cise, by the head of a Department, of a discretion to consent to modifications of detail, in the course of the execution of public contracts, wlien sneh modifications (not being in contravention of law) are found to bo for the public interest, and are not of such a character as to operate to the pecuniary disadvantage of the United States. (Winthrop's Digest cites Otto 91, p. 321, and Op., XV, 481.)

Where Congress authorized the examination of a claim and appropriated a sum not exceeding a fixed amount to pay it, and a less sum was found ine, held that the appropriation was exhausted when latter amount was paidl.. (Op., IX, 451; see (p., IX, 449, as to principles governing payment of money to a citizer under a special act of Congress.)

In breach of contract the law contemplates two elements of damage: (1) Losses sustained; (2) gains provented. (C.C., VII.543; atlirmed by S.C.).

A military board of survey is an ex parte tribunal; decision not binding on a contractor, ils proceedings not evidence against him, etc. (C.C., VIII, p. 213.) The awarı by a commission on a contract can be refused to be received, or the contractor can accompany his receipt of it with a proper protest. (Idem. See also C.C., II.95.)

The sureties of a contractor are not responsible for fulfillment, after bis death, on what are called personal contracts, where skill or taste is requireil. (Op., VI, 1. 410.)

A claim for damages was adjusted by the appropriate Department on a basis to

29 Stat. L., 648.

[Par. 1.] Naval Supply Fund: (1) And the Secretary of March 3, 1897. the Treasury is hereby authorized and directed to cause the general account of advances to be charged with the volupp: 5 S., sum of one million dollars, in addition to tho sum of two Navy. hundred thousand dollars, provided in the Act approved naval supply March third, eighteen hundred and ninety-three, and the fund. three hundred thousand dollars, provided in the Act approved June tenth, eighteen hundred and ninety-six, making in all one million five hundred thousand dollars, which amount shall be carried to the credit of the permanent naval supply fund, to be used under the directiou of the Secretary of the Navy in the purchase of supplies for the naval service, and to be reimbursed from the proper naval appropriations, whenever the supplies purchased under said fund are issued for use.

SEC. 3648. No advance of public money shall be made in Title 40. auy case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of public money on any description, for the use of the United States, payment Jan. 31, 1823, shall not exceed the value of the service rendered, or of S. L. -723,

See act of May the articles delivered previously to such payment.

18 A.G.Op., p.


Advances of


* 5, 1894.


See note 2.


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Title 43.

That hereafter no payment shall be made from appropri- von: 51: S., ations made by Congress to any officer in the Navy or Payment for Marine Corps on the active or retired list while such officer

bidilen to officers

omployed by conis employed, after June thirtieth, eighteen hundred and tractors, ninety-seven, by any person or company furnishing naval 1. S., 5498. supplies or war material to the Government;

and such employment is hereby made uulawful after, Employment said date.

SEC. 3709. All purchases and contracts for supplies or services, in any of the Departments of the Government, Advertisements except for personal services, shall be made by advertising for proposals . a sufficient time previously for proposals respecting the 10, v. 12, p. 220 samne; when the public exigencies do not require the immediate delivery of the articles, or performance of the service. See notos 3 When immediate delivery or performance is required by the See act of Jan. public exigency, the articles or service required may be pro-27. 1894, amendcured by open purchase or contract, at the places and in See sec. 3718, the manner in which such articles are usually bought and same title. sold, or such services engaged, between individuals.

Juno 22, 1874, v. 18, p. 177.

which the contractor agreed. His acceptance and roceipt, in full, for the sum allowed
is a bar to his suit for a further sum. (S.C., Otto, 104, 461; see also Wallace, XIV,

Rescinding or renouncing contracts (see C.C., I, 61, 336; III, 38; V, 496; VII, 331 ;
VIII, 67, 319; Op., X, 416). Government delaying or preventing perforinance by con-
tractor (see C.C., IV, 258. 271 ; IX, p. 244; Op., XI, 263). Government requesting alter-
ations (C. C., IX, 50; Wallace, XVII, p. 592). Willingness and efforts to perform
(C.C., VII, 93; V, 190; Walis VIII, 77). Fraudulent contracts (Wallace, VII, 463).
Set off's (Op., IV, 380, XI, 120; C.C., XVII, 39, 236, 322). Fines and penalties (Op.,
IX, 32). Erasures and substitution of items (C. C., II, 366; Wallace, VIII, 189; Op.,
XV, 226; C.C., V, 215).

Note 2.-This section (3618) does not preclude a payment in any case where the money has been actually earned and the Government has received an equivalent therefor: its object is to prevent payment being made to contractors in advance of the performance of their contracts, whether for services or supplies (18 A. G., 105).

Note 3, This section invests the oflicer charged with the duty of contracting for supplies, or services, with discretion to dispense with advertising if the exigencies of the service require immediate delivery or performance. (C. C., VII, 93; S. C., Wallace, VIII, 77; see also (p., III, 437; C. C. I, 48. VIT, 84; II, 96; IX, 291.)

Vote 4.-A navy paymaster purchasing under instructions from commandling officer, entitled to credit for sum expended, although purchased without advertising. (C, C., XV, 247.)

Mar. 2, 1891. All supplies hereafter purchased with moneys appropri26 Stat. L., 799, ated for any branch of the naval éstablishment shall be Supp. R. S., P. purchased, classified, and issued for consumption or use Naval supplies, subject to the provisions contained in the act making how purchased

appropriations for the naval service, approved June thirR.S., s. 3718., tieth, eighteen hundred and ninety, in reference to supch. 371, ante, p. plies therein provided for and on hand.

and issued.

See note 5.


June 30,

R.S., s. 3709.

All supplies purchased with moneys appropriated by 26 Stat. L., 205. this act shall be deemed to be purchased for the Navy and deemed naval and not for any bureau thereof, and these supplies, together not bureau sup with all supplies now on hand, shall be arranged, classified,

consolidated, and catalogued, and issued for consumption or use, uuder such regulations as the Secretary may prescribe, without regard to the bureau for which they were

purchased. Jan. 27, 1894. That section thirty-seven hundred and nine of the Re28 Stat. L., 33. vised Statutes is amended by adding thereto the following: Supp. R. S., And the advertisement for such proposals shall be made Advertisements by all the Executive Departments, including the Departfor proposals for ment of Labor, the United States Fish Commission, the

Interstate Commerce Commission, the Smithsonian InstituSee notes 6, 7, tion, the Government Printing Office, the government of the

District of Columbia, and the superintendent of the State, -excopt for cer: War, and Navy building, except for paper and materials for tain printing and engraving.

use of the Government Printing Office, and materials used in the work of the Bureau of Engraving and Printing,

which shall continue to be advertised for and purchased as be simul- now provided by law, on the same days and shall each

designate two o'clock post meridian of such days for the opening of all such proposals in each Department and other Government establishment in the city of Washington;

And the Secretary of the Treasury shall designate the opened.

day or days in each year for the opening of such proposals and give due notice thereof to the other Departments and Government establishments.

Such proposals shall be opened in the usual way and

and 8.

--to taneous.



Attorney-Gen. Note 5.--All purchases and contracts for supplies in any of the Departments of the eral's opinion, Government must be made by advertisement unless immediate delivery is necessary. Sept. 22, 1894, vol. Tbe first two sentences of section 3709, Revised Statutes, as amended by the acts 21, p. 59. of January 27, 1894, chapter 22, and April 21, 1894, chapter 61, apply to purchases

anywhere in the United States. The remaining three sentences apply only to purchases in the city of Washington.

The word " miscellaneous," in the urgent deficiency act of April 21, 1894, section 2, must be restricted to that class of commodities which must be purchased on a con. siderable scale and used alike by many or all of the various Departments and Gov. ernment establishments in the city of Washington.

Note 6.-R. S., sec. 3709, provides for advertisement for public supplies or services, except in cases of public oxigency.

Note 7.--See limitation upon this act, 1894, Apr. 21, ch. 61, sec. 2.

Note 8.--The laws in regard to advertisements for proposal are contained in the following acts: R. S. , sec. 3709 (see note 5 above). R.S., sec. 3828, no advertisement is to be published without authority from the head of a Department. By 1876, July 31, ch. 246, par. 2 (1 Supp. R. S., 114), advertisements are not to be published in the District of Columbin unless the contracts are to be performed there. By 1878, June 20. ch.359, pars. 4,5 (1 Supr. R. S., 202), no more than commercial rates are to be paid for advertisements. By 1881, Jan. 21, ch. 25 (1 Supp. R. S., 314), advertising in the District of Columbia is regulated.

Special provisions in regard to advertising for the Nary.

In the naval service: In general, R. S., secs. 3718 to 3729 ; 1890, June 30, ch. 640, par. 3 (1 Supp. R. S., 762); 1893, Mar. 3, ch. 212, par. 6.

Plate iron, 1878, June 14, Res. No. 30 (1 Supp. R. S., 205).
Tobacco, 1881, Mar. 3, ch. 147 (1 Supp. R. S., 326).
Gun steel or armor, 1893, Mar, 3, ch. 212, par. 2, p. 131.

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