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centum of the compensation for such Government transportation as shall at the time be charged to and paid by private parties to any such company for like and similar transportation; and the amount so fixed to be paid shall be accepted as in full for all demands for such service, dollars. Act of March 2, 1901 (31 Stat. L.,

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726. Hereafter all purchases of horses, mules, or oxen, wagons, carts, drays, ships and other seagoing vessels, also all other means of transportation, shall be made by the Quartermaster's Department, by contract, after due legal advertisement, except in cases of extreme emergency. Act of July 5, 1884 (23 Stat. L., 110).

Government sur

Museum, etc., to

July 1884, v.

727. Hereafter the Quartermaster-General and his offi- Property for cers, under his instructions, wherever stationed, shall yeys. National receive, transport, and be responsible for all property be transported turned over to them, or any one of them, by the officers 23, p. 110. or agents of any Government survey, for the National Museum, or for the civil or naval departments of the Government, in Washington or elsewhere, under the regulations governing the transportation of army supplies, the amount paid for such transportation to be refunded or paid by the bureau to which such property or stores pertain.* Act of July 5, 1884 (23 Stat. L., 110).

PUBLIC ANIMALS; VETERINARIANS.

Par.

Par.

728. Draft and pack animals, restriction. 731. Draft animals, restriction. 729. Purchases of animals by contract. 732. The same, cavalry horses. 730. The same, cavalry and artillery 733. Veterinarians.

horses.

Limit to num pack animals.

ber of draft and

Transportation stores, etc., to

contract.

23, p. 109; Sept.

728. The number of draft animals purchased from this appropriation, added to those now on hand, shall be limited to such numbers as are actually required for the serv-of ice, and all transportation of stores by private parties for July 5, 1884. v. the Army shall be done by contract, after due legal adver- 22, 1, v. 25. p. tisement, except in cases of emergency, which must be at v. 31, p. 907. once reported to the Secretary of War for his approval. Acts of July 5, 1884 (23 Stat. L., 109); March 2, 1901 (31 ibid., 907).

486; Mar. 2, 1901,

'The act of February 26, 1900 (31 Stat. L., 214), contained the same requirement. When a contract provides that upon the arrival of a train the Quartermaster's Department shall examine the stores, and, if found to be in good condition and delivered in proper time, shall so indorse the bill of lading, upon which payment shall be made, it will be presumed that such a certificate was made and given when it appears that the contract was fully performed. Curtis v. U. S., 34 Ct. Cls., 5.

Means of trans

portation to be

tract.

23, p. 110.

729. Hereafter all purchases of horses, mules, or oxen, procured by con- wagons, carts, drays, ships and other seagoing vessels, also July 5, 1884, V. all other means of transportation, shall be made by the Quartermaster's Department, by contract, after due legal advertisement, except in cases of extreme emergency. Act of July 5, 1884 (23 Stat. L., 110).

Cavalry and

artillery horses

by contract. In

spection.

July 5, 1884, v.

23, p. 109.

730. Hereafter all purchases of horses, under appropriato be procured tions for horses for the cavalry and artillery and for the Indian scouts, shall be made by contract, after legal advertisement, by the Quartermaster's Department, under instructions from the Secretary of War, the horses to be inspected under the orders of the general commanding the Army and no horse shall be received and paid for until duly inspected.' Act of July 5, 1884 (23 Stat. L., 109).

Draft animals.

Limit.

v. 25, p. 486.

731. Hereafter no part of this appropriation shall be exSept. 22, 1888, pended in the purchase for the Army of draft animals until the number on hand shall be reduced to five thousand, and hereafter shall only be expended for the purchase of a number sufficient to keep the supply up to five thousand." Act of September 22, 1888 (25 Stat. L., 486).

Limit as

to

number of horses

for mounted service.

28, p. 660; Mar.

906.

732. The number of horses purchased under this appropriation, added to the number on hand, shall be limited to Feb. 12, 1895, V the actual needs of the mounted service; and unless other2, 1901, v. 31, P. wise ordered by the Secretary of War no part of this appropriation shall be paid out for horses not purchased by contract, after competition duly invited by the Quartermaster's Department, and an inspection by such Department, all under the direction and authority of the Secretary of War. Act of March 2, 1901 (31 Stat. L., 906).

Feb. 2, 1901,

Veterinarians. 733. Such number of veterinarians as the Secretary of s. 20, v. 31, p. 753. War may authorize shall be employed to attend the

animals pertaining to the Quartermaster's or other Departments not directly connected with the cavalry and artillery regiments, at a compensation not exceeding one hundred dollars per month. Sec. 20, Act of February 2, 1901 (31 Stat. L., 753).

So much of the act of July 5, 1884, as requires these purchases to be reported to the Secretary of War for transmission to Congress was repealed by the act of March 2, 1895 (28 Stat. L., 787).

2 By the act of June 7, 1898 (30 Stat. L., 433), the operation of this statute was suspended, at the discretion of the Secretary of War, during the period of the existing war; by the act of March 3, 1899 (ibid., 1350), its operation was further suspended, at the discretion of the Secretary of War and subject to the further discretion of Congress, until March 1, 1900; by the act of February 24, 1900 (31 Stat. L., 32), the suspension was extended, under the conditions above set forth, until June 30, 1901.

BARRACKS AND QUARTERS.

Par.

734. Permanent barracks and quarters, construction.

735. Barracks and quarters for seacoast artillery.

736. Quarters for hospital stewards.

Par.

737. Restriction on expenditures.

738. Quarters in kind to be furnished to officers.

739. Absent officers, rights of.

barracks.

83, s. 1, v. 11, p.

Sec. 1136, R.S.

734. Permanent barracks or quarters and buildings and Permanent structures of a permanent nature shall not be constructed Mar. 3, 1859, c. unless detailed estimates shall have been previously sub- 432 mitted to Congress, and approved by a special appropriation for the same, except when constructed by the troops; and no such structures, the cost of which shall exceed twenty thousand dollars, shall be erected unless by special authority of Congress.1

for seaJune 6, 1900, v.

735. For the erection of barracks and quarters for artil-Barracks and lery in connection with the project adopted for seacoast cost artillery. defense there shall not hereafter be expended at any one 31, p. 624. point more than one thousand two hundred dollars per man for each man required for one relief to man the guns at the post up to eighty-three men, the present permanent strength of a battery, enlisted and commissioned, and for each man required beyond this number six hundred dollars per man, from any appropriation made by Congress, unless special authority of Congress be granted for a greater expenditure. Act of June 6, 1900 (31 Stat. L., 624).

Quarters

ards.

Feb.

penditures.

for

ex

736. Hereafter the posts at which such quarters [for hospital stewhospital stewards], shall be constructed shall be designated ab. 27, 1893, v. by the Secretary of War, and such quarters shall be built 27, p. 484. by contract, after legal advertisement, whenever the same is practicable. Act of February 27, 1893 (27 Stat. L., 484). 737. Hereafter no expenditures exceeding five hundred Limit on dollars shall be made upon any building or military post, or grounds about the same, without the approval of the Approval of Secretary of War for the same, upon detailed estimates in cases of imof the Quartermaster's Department, and the erection, 1893, v. construction, and repairs of all buildings and other pub- 27, p. 484. lic structures in the Quartermaster's Department shall,

Secretary of War

provements exceeding,

Feb. 27,

The Quartermaster's Department alone is charged with the duty and responsibility of erecting quarters. Travers v. U. S., 5 Ct. Cls., 329.

"This enactment replaces the requirement of the act of July 1, 1898 (30 Stat. L., 629), which restricted expenditures on artillery posts for seacoast defense to $60,000 for a one-battery post and $20,000 additional for each additional battery.

Quarters in kind to be fur

cers.

1878, v. 20, p. 144.

so far as may be practicable, be made by contract, after due legal advertisement.' Act of February 27, 1893 (27 Stat. L., 484).

738. At all posts and stations where there are public nished to offi- quarters belonging to the United States, officers may be Sec. 9, June 17, furnished with quarters in kind in such public quarters, and not elsewhere, by the Quartermaster's Department, assigning to the officers of each grade, respectively, such number of rooms as is now allowed to such grade by the rules and regulations of the Army.3 Sec. 9, act of June 17, 1878 (20 Stat. L., 144).

2

This requirement has appeared in the several acts of appropriation since that of 1884.

*For rules respecting the allowance and assignment of quarters at military posts, see paragraphs 1088-1100 Army Regulations of 1901.

LOCKERS.

The Quartermaster's Department will provide in all permanent barracks a box locker for each enlisted man for his uniform and extra clothing. Each man will provide his own lock. Par. 1085, ibid.

The following table shows the number of rooms, the quantity of fuel, and the allowance of cooking and heating stoves to be supplied for the use of officers and men in quarters and barracks:

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A lieutenant-general or major-general

A brigadier-general or colonel.

A lieutenant-colonel or major.

A captain or chaplain

A lieutenant..

The Commanding General of the Army

The commanding officer of a territorial department.

The aids to the commanding officer of a territorial depart

ment..

An assistant or deputy quartermaster-general, an assistant commissary-general of subsistence, an assistant surgeongeneral, the assistant and deputy paymaster-general, and the chief quartermaster and chief commissary at the headquarters of a territorial department, each

The commanding officer of a regiment or post, or paymaster, quartermaster, assistant quartermaster, commissary, and military storekeeper, each

An assistant adjutant-general, an inspector-general, an acting inspector-general, an engineer officer, (a) an ordnance officer, (a) a signal officer, a judge-advocate or an acting judge-advocate, and the senior medical officer, when stationed on duty as any place not in the field, (a) each....

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1321

a Except at Military Academy.

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porarily absent to lose right to

739. Hereafter officers temporarily absent on duty in the Officers field shall not lose their right to quarters, or commutation in the field not thereof, at their permanent station while so temporarily absent. Act of February 27, 1893 (27 Stat. L., 478).

[Footnote Continued.]

quarters.

Feb. 27, 1893, v. 27, p. 478.

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An acting assistant quartermaster, an acting commissary of subsistence, an adjutant, when approved by the Quartermaster-General, each

A sergeant-major, quartermaster-sergeant, sergeant of the post noncommissioned staff, hospital steward, veterinary surgeon, signal sergeant; (a) a regimental, squadron, and battalion sergeant-major, quartermaster-sergeant, sergeant of the post noncommissioned staff, hospital steward, and chief musician and enlisted men of the signal corps, when employed as signal sergeants, each Superintendent national cemetery

Each noncommissioned officer, musician, private, and hospital matron

Each necessary fire for the sick in hospital, each dispensary and hospital mess room, at a military post or station, to be regulated by the surgeon and commanding officer, not exceeding

For general hospitals, when necessary, not exceeding, for each bed..

Each guard fire, to be regulated by the commanding officer, not exceeding

Each necessary fire for military courts or boards, at a rate not exceeding

Storehouse of commissary and quartermaster, when necessary, not exceeding for each

Each employee of the Quartermaster's, Subsistence, or Medical Department to whom subsistence in kind is issued by the Government..

For library, reading room, schoolroom, chapel, and gymnasium, 1 heating stove for each, and when the garrison exceeds 150 enlisted men, 2 heating stoves, and such quantity of fuel for the same as may be certified to as necessary by the officers in charge and approved by the commanding officer

For a company: 2 large stoves in dormitory, 1 large stove in each mess room and day room, 1 small stove for each of the two rooms for noncommissioned officers, 1 small stove for the library, and 1 cooking stove or range sufficient to cook its food.

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1

a Except when serving in a detachment,

Par. 1006, A. R.,

1895.

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