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articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations be intrusted with the same; and shall fix and make reasonable allowances for the storerent and storage necessary for the safe-keeping of all military stores and supplies.

Act March 3, 1813, c. 48, § 5, 2 Stat. 817.

Contracts for supplies or services for the military service were required to be made by or under the direction of the chief officers of the War Department, and accounts were to be rendered for settlement to the accountant of the Department, by R. S. § 3714, post, § 6842. See note to that section.

The Secretary of War was to prescribe regulations for bids for contracts under the War Department, by provisions of Act April 10, 1878, c. 58, amended by Act March 3, 1883, c. 120, post, § 6843.

Provisions for inspection of disbursements by officers of the Army were made by Act April 20, 1874, c. 117, post, §§ 330, 331. Notes of Decisions

Performance of contracts.-The Secretary of War, subject to the authority of the President, must see that contracts which belong to his office are properly and faithfully executed, wheth er he made the contracts himself or con

ferred authority on others to make them, and where the contracts are being fraudulently executed, he must protect the government. U. S. v. Adams (1868) 7 Wall. 463, 477, 19 L. Ed. 249.

§ 322. (R. S. § 220.) Transportation of troops, etc.

The transportation of troops, munitions of war, equipments, military property, and stores, throughout the United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint.

Act Jan. 31, 1862, c. 15, § 4, 12 Stat. 334.

(R. S. §§ 221-223. Superseded.)

These sections required the Secretary of War to provide for meteorological observations, for giving notice of storms, for signal stations and telegraph lines connecting them, etc. They were superseded by the transfer of the Weather Service to the Department of Agriculture by Act Oct. 1, 1890, c. 1266, and subsequent statutes, collected under Title XII, "The Department of Agriculture," c. B.

Provisions relating to the Signal Corps of the Army, as part of the military establishment, are collected under Title XIV, "The Army," c. 1.

§ 323. (R. S. § 224.) Loss of certificate of discharge.

Whenever satisfactory proof is furnished to the War Department that any non-commissioned officer or private soldier who served in the Army of the United States in the late war against the rebellion has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish, on request, to such non-commissioned officer or private a duplicate of such certificate of discharge, to be indelibly marked, so that it may be known as a duplicate; but such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case.

Act March 3, 1873, c. 248, § 1, 17 Stat. 582.

Further provisions for the issue of a certificate in lieu of a lost certificate, to any officer or enlisted man honorably discharged from the military service, as well as to those who served in the War of the Rebellion, as provided by this section, were made by Act July 1, 1902, c. 1353, post, § 324.

Similar provisions for furnishing duplicates of lost or destroyed certificates of discharge to officers or men who served in the Navy or the Marine Corps in the War of 1812, the Mexican War, or the War of the Rebellion, were made by Act Feb. 7, 1890, c. 8, post, § 620.

Provisions for the issue of certificates of discharge or orders of acceptance of resignation in the true names of persons who enlisted or served under assumed names in the Army or Navy during the war of the Rebellion, or during any war between the United States and any other nation or people, were made by Act April 14, 1890, c. 80, and Act Aug. 22, 1912, c. 329, post, §§ 325, 326. Provisions for the return to officers and enlisted men of their evidence of

honorable discharge, filed to secure the settlement of their accounts, were made by R. S. § 282, post, § 452.

$324. (Act July 1, 1902, c. 1353.) Certificate of discharge in lieu of lost or destroyed certificate.

Whenever satisfactory proof shall be furnished to the War Department that any officer or enlisted man who has been or shall hereafter be honorably discharged from the military service of the United States has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish to such officer or enlisted man, or to the widow of such officer or enlisted man, a certificate of such discharge, to be indelibly marked, so that it may be known as a certificate in lieu of a lost or destroyed discharge: Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other case. (32 Stat. 629.) This act was entitled "An act to authorize the Secretary of War to furnish certificates in lieu of lost or destroyed discharges."

§ 325. (Act April 14, 1890, c. 80, as amended, Act June 25, 1910, c. 393.) Certificates of discharge and orders of acceptance of resignation in true names of persons who enlisted or served under assumed names in Army or Navy during war of the Rebellion, war with Spain, or Philippine insurrection. The Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the army and navy during the war of the rebellion, the war with Spain, or the Philippine insurrection, and were honorably discharged therefrom. Applications for said certificates of discharge or amended orders of acceptance of resignation may be made by, or on behalf of, persons entitled to them; but no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. (26 Stat. 55. 36 Stat. 824.)

This act, as originally enacted, was entitled "An act for the relief of soldiers and sailors who enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during the war of the Rebellion," and its provisions related only to persons who enlisted or served during that war. It was amended by adding to said title, at the end thereof, the words "the war with Spain, or the Philippine insurrection," and also by inserting in the text of the act, after the words "war of the Rebellion," the same words, "the war with Spain, or the Philippine insurrection," making the act read as set forth here, by Act June 25, 1910, c. 393, cited above.

Similar provisions for relief of soldiers and sailors who enlisted or served under assumed names during any war with any foreign nation or people, were made by Act Aug. 22, 1912, c. 329, post, § 326.

Provisions for the issue of duplicates of certificates of discharge lost or destroyed were made by R. S. § 224, ante, § 323.

326. (Act Aug. 22, 1912, c. 329.) Certificates of discharge and orders of acceptance of resignation in true names of persons who enlisted or served under assumed names in Army or Navy during war between United States and any other nation or people.

That the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army or Navy during any war between the United States and any other nation or people and were honorably discharged there

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from. Applications for said certificates of discharge or amended. orders of resignation may be made by or on behalf of persons entitled to them, but no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence. (37 Stat. 324.)

This act was entitled "An act for the relief of soldiers and sailors who enlisted or served under assumed names, while minors or otherwise, in the Army or Navy of the United States during any war with any foreign nation or people."

Similar provisions for relief of soldiers and sailors who enlisted or served under assumed names during the war of the Rebellion were made by Act April 14, 1890, c. 80, ante, § 325.

§ 327. (R. S. § 225, as amended, Act Feb. 27, 1877, c. 69, § 1.) Power to administer oaths.

The Secretary of War is authorized to detail one or more of the employés of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouchers or company books, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case.

Act March 3, 1865, c. 79, § 25,,13 Stat. 491. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 241.

The amendment of this section by Act Feb. 27, 1877, c. 69, § 1, cited above, consisted in the addition of all the provisions as to affidavits of commanding officers of companies, which follow the words "parties taking them," at the end of the first clause of the section.

Provisions applicable to all the Departments, as to administration of oaths by officers and clerks, were made by R. S. § 183, and the statutes referred to under that section, ante, § 265.

§ 328. (R. S. § 226.) Surplus charts may be sold.

Any surplus charts of the northwestern lakes may be sold to navigators upon such terms as the Secretary of War may prescribe.

Act March 3, 1869, c. 122, § 1, 15 Stat. 301.

§ 329. (R. S. § 227.) Surplus maps and publications of SignalOffice.

The Chief Signal-Officer may cause to be sold any surplus maps or publications of the Signal-Office, the money received therefor to be applied toward defraying the expenses of the signal-service; and an account of the same shall be rendered in each annual report of the Chief of the Signal-Service.

Act March 3, 1873, c. 227, 17 Stat. 527.

This section was practically superseded by the transfer of the Weather Service to the Department of Agriculture, by Act Oct. 1, 1890, c. 1266, post, §§ 840-842; the maps, etc., mentioned being those issued by the Weather Bureau in that Department.

The sale by the Secretary of Agriculture of any surplus maps or publications of the Weather Bureau, the money received to be deposited in the Treasury of the United States, notwithstanding this section, was authorized by a provision of Act March 4, 1907, c. 2907, post, § 848.

§ 330. (Act April 20, 1874, c. 117, § 1.) Inquiries as to disbursements by disbursing officers of Army.

It shall be the duty of the Secretary of War to cause frequent inquiries to be made as to the necessity, economy, and propriety

of all disbursements made by disbursing officers of the Army, and as to their strict conformity to the law appropriating the money; also to ascertain whether the disbursing officers of the Army comply with the law in keeping their accounts and making their deposits; such inquiries to be made by officers of the inspection department of the Army, or others detailed for that purpose: Provided, That no officer so detailed shall be in any way connected with the department or corps making the disbursement. (18 Stat. 33.) This section and the section next following were an act entitled "An act to provide for the inspection of the disbursements of appropriations made by officers of the Army."

§ 331. (Act April 20, 1874, c. 117, § 2.) Reports of inspections. of disbursements.

The reports of such inspections shall be made out and forwarded to Congress with the annual report of the Secretary of War. (18) Stat. 33.)

See note to preceding section.

Provisions applicable to all the Departments as to reports of expenditures by disbursing officers are contained in R. S. § 193, and Act March 3, 1877, c. 102, § 1, ante, §§ 275, 276.

§ 332. (R. S. § 228.) Report of unexpended balances to Congress. The Secretary of War shall make an annual report to Congress. containing a statement of the appropriations of the preceding fiscal year for the Department of War, showing the amount appropriated under each specific head of appropriation, the amount expended under each head, and the balance which, on the thirtieth day of June preceding such report, remained unexpended. Such reports shall be accompanied by estimates of the probable demands which. may remain on each appropriation.

Act May 1, 1820, c. 52, § 2, 3 Stat. 567.

Reports of inspections of disbursements by disbursing officers of the Army were required to be made with the annual report of the Secretary of War, by Act April 20, 1874, c. 117, § 2, ante, § 331.

Provisions applicable to all the Departments, relating to the time of making annual reports, and the time of furnishing copies thereof to the printer, are contained in R. S. §§ 195, 196, ante, §§ 278, 279.

General provisions relating to the submission by the heads of Departments to Congress of estimates of expenditures and appropriations are contained in Title XLI, "Appropriations."

§ 333. (R. S. § 229, as amended, Act March 2, 1895, c. 177, § 1.). Annual statement of expenditures for contingent expenses. The Secretary of War shall lay before Congress, at the commencement of each regular session, a statement of the expenditure of the moneys appropriated for the contingent expenses of the military establishment.

Act March 3, 1809, c. 28, § 5, 2 Stat. 536. Act March 2, 1895, c. 177, §. 1, 28 Stat. 787.

This section, as enacted in the Revised Statutes, required the Secretary to lay before Congress, at the commencement of each regular session, "a statement of all contracts for supplies or services which have been made by him or under his direction during the year preceding." The Army appropriation act of July 5, 1884, c. 217, § 1, 23 Stat. 109, also required the QuartermasterGeneral and the Commissary-General of Subsistence to report all purchases of supplies made by their Departments to the Secretary of War, for transmission to Congress annually. These requirements were expressly repealed by the legislative, executive, and judicial appropriation act of 1895, cited above.

The powers and duties of the Secretary as to the purchase and transportation of supplies were prescribed by R. S. § 219, ante, § 321.

Provisions applicable to all the Departments, as to reports of expenditure of contingent funds, were made by R. S. § 193, and Act March 3, 1877, c. 102, § 1, ante, §§ 275, 276.

The Secretary was directed to submit to Congress annually a report of expenditures made by him in the execution of the requirements as to issue of arms, etc., to the militia, of Act Jan. 21, 1903, c. 196, § 13, as amended by

Act May 27, 1908, c. 204, § 8, by a proviso annexed to that section as so amended, set forth post, § 3059.

Notes of Purposes of expenditures.-The contingent fund of the War Department cannot be applied to meet the expense attending the employment of a detective to discover and furnish evidence necessary to convict the persons con

Decisions

cerned in setting fire to certain quartermaster's buildings, erected on ground, which was rented to the United States, but jurisdiction over which had never been ceded by the state. (1879) 16 Op. Atty. Gen. 412.

§ 334. (R. S. § 230.) Report of bids for works.

Whenever the Secretary of War invites proposals for any works, or for any materials or labor for any work, he shall report to Congress, at its next session, all bids therefor, with the names of the bidders.

Act June 23, 1866, c. 138, § 3, 14 Stat. 73.

The duties of the Secretary of War in regard to contracts for works, or for material or labor therefor, or material for public improvements, were prescribed by R. S. § 3717, and Act March 3, 1875, c. 133, § 2, post, §§ 6858, 6859.

(R. S. § 231. Transferred to Title LXIII.)

This section required the Secretary to cause to be prepared and submitted to Congress, in connection with reports of examinations and surveys of rivers and harbors, statements showing the effect of the improvements contemplated. It is placed, with other provisions relating to the subject, under Title LXIII, "Rivers and Harbors and Canals," Chapter B, post, § 9871.

Estimates by the Secretary of War for river and harbor improvements were required by provisions of Act June 4, 1897, c. 2, § 1, post, § 6699.

Provisions authorizing the Secretary of War to sell land or other property acquired for river and harbor improvements when no longer needed or when no longer serviceable were made by Act June 13, 1902, c. 1079, § 5, post, § 9882.

Provisions authorizing the Secretary of War to complete works for river and harbor improvements by contract or otherwise were made by Act March 2, 1907, c. 2509, § 1, post, § 9885.

(R. S. § 232. Repealed.)

This section required the Secretary to lay before Congress, each year, an abstract of the returns of the adjutants-general of the several states, of the militia thereof. It was repealed by the act to promote the efficiency of the militia, and for other purposes, which contained more comprehensive provisions of the same nature. Act Jan. 21, 1903, c. 196, § 12, post, § 3053.

§ 335. (Act Aug. 24, 1912, c. 391, § 1.) Adjustment and report of claims for damages to private property due to military operations.

Hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor. (37 Stat. 586.)

This was a proviso annexed to an appropriation for settlement of claims for damages to private property, in the Army appropriation act for the fiscal year 1913, cited above.

A similar provision for adjustment and report by the Secretary of the Navy of claims not exceeding $500 for damages by collision for which vessels of the Navy shall be found responsible, was made by Act June 24, 1910, c. 378, post, § 652.

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