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702. The Quartermaster's Department shall consist of composition one Quartermaster-General with the rank of brigadier- 16. v. 31, p. 751.

Sec. 1132, R. S. general, six assistant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant-colonel, twenty quartermasters with the rank of major, sixty quartermasters with the rank of captain, mounted,

and one hundred and fifty quartermaster-sergeants. Sec. 16, act of February 2, 1901 (31 Stat. L., 751).

PROMOTIONS, TRANSFERS, AND DETAILS.

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703. So long as there remain any officers holding per- Feb. 2, 1901, s. manent appointments in the

Quartermaster's 26, 31, p. 755. Department

including those appointed to original vacancies in the grades of captain and first lieutenant under provisions of sections sixteen, seventeen, twentyone, and twenty-four of this act, they shall be promoted

For historical note see end of chapter.

? Section 16 of the act of February 2, 1901 (31 Stat. L., 752), contained the requirement that “the President is authorized to continue in the service, during the present emergency, for duty in the Philippine Islands and on transports, twenty-four captains and assistant quartermasters of volunteers.” The same enactment provided that “all vacancies in the grade of colonel, lieutenant-colonel, and major created or caused by this section shall be filled by promotion according to seniority as now prescribed by law.” It also provided "that to fill original vacancies in the grade of captain created by this act in the Quartermaster's Department the President is authorized to appoint officers of volunteers commissioned in the Quartermaster's Department since April 21, 1898." See also a clause extending the scope of selection in such appointments in paragraph 578, ante,

Details.
Ibid.

according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which officers so promoted shall hold their appointments. Sec. 26, act of February 2, 1901 (31 Stat. L., 755).

704. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps.

Ibid. 705. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may from time to time prescribe. Ibid.

706. When a vacancy shall occur through death, retirement, or other separation from active service in the office of storekeeper in the Quartermaster's Department and

Ordnance Department, respectively, now provided for by Mar: 2; 1899, v. law, said offices shall cease to exist. Acts of March 2,

1899 (30 Stat. L., 977), and February 2, 1901 (31 Stat. L., 748).

POST QUARTERMASTER-SERGEANTS.

The same. Ibid.

Office of store keeper discontinued.

30, p. 977.

Post quartermaster ser geants.

July 5, 1881, v.

30, p. 751.

707. That the Secretary of War is authorized to appoint,

on the recommendation of the Quartermaster-General, as 23,2. 109: Julys many post quartermaster-sergeants, not to exceed one Feb. 2, 1901, v. hundred and fifty,' as he may deem necessary for the inter

ests of the service, said sergeants to be selected by examination from the most competent enlisted men of the Army who have served at least four years, and whose character and education shall fit them to take charge of public property and to act as clerks and assistants to post and other quartermasters. Said post quartermaster-sergeants shall, so far as practicable, perform the duties of storekeepers and clerks, in lieu of citizen employees. The post quartermaster-sergeants shall be subject to the Rules and Articles of War and shall receive for their services the same pay and

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For statutory regulations respecting details to the staff, see the title Details to the Stall, in the chapter entitled THE STAFF DEPARTMENTS.

2 The above statute replaces a similar restriction which was contained in section 2 of the act of March 3, 1875 (18 Stat. L., 339); the act of February 2, 1901, contained the same restriction. The office of storekeeper in the Quartermaster's Department, by the retirement of the last incumbent, has ceased to exist as a grade of rank on the active list.

3 Twenty-five post quartermaster-sergeants added to the existing establishment by the act of July 8, 1898 (30 Stat. L., 728); forty added by section 16, act of Februwry 2, 1901 (31 ibid., 751).

allowances as ordnance-sergeants. Acts of July 5, 1884 (23 Stat. L., 109), July 8, 1898 (30 Stat. L., 728), and February 2, 1901 (31 ibid., 751).

DUTIES.

Mar. 28, 1812, c.

and

amount of sup

Sec. 219, R. S.

708. It shall be the duty of the officers of the Quarter- Duties: master's Department, under the direction of the Secretary : Aug 13: of War, to purchase and distribute to the Army all military 1812, c. 186,6. 3, stores and supplies, requisite for its use, which other corps 1828 4, 74, s. 1, v. are not directed by law to provide; to furnish means of Sec. 1133, R.S. transportation for the Army, its military stores and supplies, and to provide for and pay all incidental expenses of the military service which other corps are not directed to provide for and pay.

709. The Secretary of War shall from time to time define Kind and prescribe the kinds as well as the amount of supplies plies to be preto be purchased by the Subsistence and Quartermaster tary of War. Departments of the Army, and the duties and powers 48, s. 5, v. 2, p. 317 thereof respecting such purchases; and shall prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such 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 store rent and storage necessary for the safe-keeping of all military stores and supplies.

710. The officers of the Quartermaster's Department Supplies to shall, upon the requisition of the naval or marine officerrine detachcommanding any detachment of seamen or marines under Dec. 15, 1811, c. orders to act on shore, in cooperation with land troops, and 151. during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage.

711. Assistant quartermasters shall do duty as assistant subsistence commissaries of subsistence when so ordered by the Secre-quartermasters. tary of War.

13, ss. 1, 2, v. 3, p.

Sec. 1135, R.S.

Sec. 1134, R.S.

*For corps of army service men, see chapter entitled The Military ACADEMY.

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Par.

Par.

Procurement

Purchases.

Mar. 3, 1901, v. 31, p. 905.

712. Method of procurement.

717. Purchase of clothing, transportation, 713. Purchases.

etc. 714. Bakeries, schools, messes.

718. Purchases from Indians. 715. Post gardens, exchanges.

719. Officers not to engage in trade. 716. Printing, restriction. of supplies.

712. The Quartermaster's Department of the Army, in Sec: 3716, R. S. obtaining supplies for the military service, shall state in

all advertisements for bids for contracts that a preference shall be given to articles of domestic production and manufacure, conditions of price and quality being equal, and that such preference shall be given to articles of American production and manufacture produced on the Pacific Coast, to the extent of the consumption required by the public service there. In advertising for army supplies the Quartermaster's Department shall require all articles which are to be used in the States and Territories of the Pacific Coast to be delivered and inspected at points designated in those States and Territories; and the advertisements for such supplies shall be published in newspapers of the cities of San Francisco, in California, and Portland, in Oregon.

713. Hereafter, 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 seryice, 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. Act of

March 3, 1901 (31 Stat. L., 905). 1 For general provisions on this subject see the chapter entitled CONTRACTS AND PURCHASES; see also for expenditures upon buildings at military posts the chapter entitled The Public Lands, MILITARY RESERVATIONS, AND MILITARY Posts. See also in respect to the construction of buildings at military posts, paragraphs 734 and 737, post.

? The acts of March 16, 1896 (29 Stat. L., 65), and March 2, 1897 (ibid. 613), contained a similar requirement. These clauses were suspended during the period of the existing war by the act of June 7, 1898 (30 Stat. L., 433). By the act of March 3, 1899 (30 Stat. L., 1350), the act of June 7, 1898, was continued in operation “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 1, 1900. By the act of February 24, 1900 (31 Stat. L., 32), the suspension was still further extended under the same conditions until June 30, 1901.

The requirement of section 229 of the Revised Statutes that the Secretary of War shall lay before Congress at the commencement of each regular session a statement

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v. p. 178.

Feb. 12, 1891,

714. For the current year and thereafter there may be Expenses of expended from the appropriation for regular supplies the schools

, ' messes, amounts required for the necessary equipments of the June 13:18903 bakehouse to carry on post bakeries; for the necessary 19, 1892, v. 27, p. furniture, text-books, paper, and equipments of the post schools; for the tableware and mess furniture for kitchens and mess halls;

each and all for the use of the enlisted men of the Army. Acts of June 13, 1890 (26 Stat. L., 152), July 16, 1892 (27 Stat. L., 178).

715. Hereafter no money appropriated for the support ost, gardens of the Army shall be expended for post gardens or July 14, 1892, exchanges; but this proviso shall not be construed to prohibit the use, by post exchanges, of public buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. Act of July 16, 1892 (27 Stat. L., 178).

716. No part of the appropriations for the Quarter- Printing master's Department shall be expended on printing unless V. 28, p. 659. 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; 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. Act of March 2, 1901 (31 Stat. L., 905).

717. No contract or purchase on behalf of the United Purchases States shall be made unless the same is authorized by law Sec. 3732, R.S. or is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, or transportation, which, however, shall not exceed the necessities of the current year.

718. That the Secretary of War be, and he is hereby, lurchases from authorized and directed, when making purchases for the Jan. 19, 19.

of

8. 4, v. 26, p. 721.

of all contracts and purchases made by him or under his direction during the year preceding; and so much of the act of July 5, 1884, as requires the QuartermasterGeneral and the Commissary-General of Subsistence to report all purchases made by their departments with the cost price and place of delivery to the Secretary of War for transmission to Congress annually, were repealed by the act of March 2, 1895 (28 Stat. L., 787).

This provision replaces a requirement which had been embodied in the several acts of appropriation for the support of the Army since that of June 30, 1886 (24 Stat. L., 96). This enactment was suspended by the acts of June 7, 1898 (30 Stat. L., 433), and March 3, 1899 (ibid., 1350), subject to the discretion of the Secretary of War and the further order of Congress, until March 1, 1899. By the act of February 21, 1900 (31 Stat. L., 32), the suspension was extended, under the conditions above stated, to June 30, 1901.

H. Doc. 545—18

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