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Feb. 2, 1901. S. 26, v. 31, p. 755.
759. So long as there remain any officers holding permanent appointments in the
including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twentyone, and twenty-four of this act, they shall be promoted 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 the officers so promoted shall hold their appointments. Sec. 26, act of February 2, 1901, (31 Stat. L., 755).
760. 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.
761. 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.
762. The Secretary of War is authorized to select from var i 1873. the sergeants of the line of the Army who shall have faithSer. 1142, R.S. fully served therein five years, three years of which in the
grade of noncommissioned officers, as many commissarysergeants as the service may require, not to exceed one for each military post or place of deposit of subsistence supplies, whose duty it shall be to receive and preserve the subsistence supplies at the posts, under the direction of
? Section 17 of the act of February 2, 1901, contained a provision excepting vacancies caused by that enactment from the operation of this section. Such vacancies are filled by the President under his constitutional power to appoint, as modified by the acts of August 6, 1894, (28 Stat. L., 234), February 2, 1901 (section 17), and the act of March 3, 1901.
? For regulations respecting details to the staff see the article so entitled in the chapter relating to the STAFF DEPARTMENTS.
The employment of civilians in the Subsistence Department is regulated by the annual acts of appropriation. The amount to be expended for such services was fixed at $105,000 in the acts of March 3, 1883, July 5, 1884, March 3, 1885, and June 30, 1886; at $110,000 by the acts of February 9, 1887, September 22, 1888, March 2, 1889, June 13, 1890, February 24, 1891, July 16, 1892, and February 27, 1893, and at $100,000 by the acts of August 6, 1894, February 12, 1895, and March 16, 1896.
the proper officers of the Subsistence Department, and under such regulations as shall be prescribed by the Secretary of War. The commissary-sergeants hereby authorized shall be subject to the rules and articles of war, and shall receive for their services the same pay and allowances as ordnance-sergeants.'
See, 1141, R.S.
763. It shall be the duty of the officers of the Subsistence Duties:
Apr. 14, 1818, , Department, under the direction of the Secretary of War, 51, :3, P. to purchase and issue to the Army such supplies as enter:19
, s. 1, v. 7, p. into the composition of the ration."
764. The officers of the Subsistence Department shall Salex to ufficers procure and keep for sale to officers and enlisted men at men. cost prices, for cash or on credit, such articles as may from July 28, 1968, c. time to time be designated by the inspectors-general of 335
Sec. 1144, R.S. the Army. An account of all sales on credit shali be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General.
1 For regimental commissary-sergeants of cavalry, see section 2, act of February 2, 1901 (31 Stat. L., 748); for regimental commissary-sergeants of infantry, see section 10 of the same enactment. The act of June 30, 1882 (22 Stat. L., 123), authorizes the detail of one commissary-sergeant to act as assistant to the commissary of cadets at the Military Academy. By General Orders No. 17, A. G. O., of February 16, 1900, the number of post commissary-sergeants was fixed at 165; by General Orders No. 59, A. G. O., of May 3, 1900, the number was increased to 200. General Orders No. 1, A. G. O., of 1900, contains the requirement that “at military posts and stations and in the field the regimental commissaries and regimental commissary-sergeants of cavalry and infantry regiments will perform the necessary work of their respective offices in the subsistence department at the stations of the headquarters of their regiments, and no commissary-sergeants of the general staff will be assigned to posts at which there is a regimental headquarters, except under unusual conditions."
The Subsistence Department, under the direction of the Secretary of War, provides for the distribution and expenditure of funds appropriated for subsisting enlisted men and for purchasing articles kept for sale to officers and enlisted men. The Commissary-General furnishes lists of articles authorized to be kept for sale, and gives instructions for procuring, distributing, issuing, selling, and accounting for all subsistence supplies. Par. 1351, A. R., 1901.
Subsistence supplies comprise
(1) Subsistence stores, consisting of articles composing the ration and those furnished for sale to officers and enlisted men, also lantern candles for stable use, forage for beef cattle, and coarse salt for public animals and rebrining:
(2) Subsistence property, consisting of the necessary means for handling, preserving, issuing, selling, and accounting for these stores. Par. 1355, ibid.
3 For general provisions respecting the procurement of supplies, see the chapter entitled CONTRACTS AND PURCHASES; see algn the chapter entitled The QUARTERMASTER'S DEPARTMENT.
* See the title, post, Sales of Subsistence Stores.
seamen and marines.
Officers not to trade in articles
Exceptional 765. Hereafter exceptional articles of subsistence stores supplies.
Feb. 12, 1895 v. for officers and enlisted men, which are to be paid for by 28, p. 658.
them, regardless of condition upon arrival at posts, may, under regulations to be prescribed by the Secretary of War, be obtained by open purchase without advertising.
Act of February 12, 1895 (28 Stat. L., 658). Subsistence to 766. The officers of the Subsistence Department shall, Sec. 1143, R. s. upon the requisition of the naval or marine officer com
manding any detachment of seamen or marines under orders to act on shore, in cooperation with the land troops, and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and marines of the same.
767. No officer belonging to the Subsistence Department, for issue. Thisle: or doing the duty of a subsistence officer, shall be con927.
Misce: cerned, directly or indirectly, in the purchase or sale of any commal
, X 1.2 article entering into the composition of the ration allowed 999,0013.to troops in the service of the United States, or of any c. 299, s. 25, v. 14, article designated by the inspectors-general of the Army, Sec. 1150, R. S. and furnished for sale to officers and enlisted men at cost
prices, or of tobacco furnished for sale to enlisted men, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law.
768. 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 service 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 2, 1901 (31 Stat. L., 905).
Mar. 2, 1901, v. 31, p. 905.
* The object of this provision is to secure the Government the benefit arising from competition. It is expected that this benetit will manifest itself in the selection of the best and most suitable supplies for the least expenditure of public money. Where the prices for supplies are fixed and uniform it is unusual and impracticable to advertise for proposals. Such cases are not within the meaning of the statute. 3 Dig. 2nd Compt. Dec., par. 1112. Expenditures for water and gas are not expenditures for supplies within the meaning of this act. Ibid., 1111. So held also as to streetcar tickets. Ibid., 1124.
The officers of the Quartermaster's Department are not bound to award contracts
the emergency ration; meat issues, 774. Issues to Indiang.
777. The same, commutation. 769. The President is hereby authorized to prescribe the President to kinds and quantities of the component articles of the army ponents of raration, and to direct the issue of substitutive equivalent Feb, 2, 1901, s. articles in place of any such components whenever, in his opinion, economy and due regard to the health and comfort of the troops may so require. Sec. 40, act of February 2, 1901 (31 Stat. L., 758).
to the lowest bidder in every instance, but only to the lowest responsible bidder for the best and most suitable article, in case the right to reject “any and all bids,' which the statute reserves, is not exercised. Ibid., 433.
Evidence of compliance with the requirements of this statute should accompany all contracts filed in the Second Comptroller's Office. Ibid., 426.
Whenever an officer of the Army enters into a contract on behalf of the Government for the purchase of quartermaster's or subsistence supplies, under the authority conferred by this statute, it should be made to appear by the certificate of the officer that the supplies were required for immediate use. The officer should also certify as to the time and manner of the advertisement, and that the award was made to the lowest responsible bidder for the best and most suitable article. Ibid., 428.
Under the act of July 5, 1884 (23 Stat. L., 109), there are four classes of purchases of army supplies made by the Quartermaster and Subsistence Departments, namely; First emergency purchases," which must be at once reported to the Secretary of War for his approval; second, purchases of “small amounts for immediate use, which must be made by contract after public notice of not less than ten days;'' third, purchases of the great bulk of army supplies, which must be made under the general rule prescribed by the Army Regulations, that is, after public notice of not less than thirty days; and, fourth, unusual and important purchases, where the Secretary of War deems public notice of from thirty to sixty days advisable. Ibid., 1119.
In all cases where purchases of regular or miscellaneous supplies for the Army are made by the Quartermaster's Department or by the Subsistence Department after public notice of ten days or more, without executing formal written contracts, the vouchers therefor must be accompanied by the following evidence, namely: First, a copy of the public notice for bids; second, a certificate as to the time and manner of the public notice for bids; third, the accepted bid; fourth, a copy of the letter accepting the bid, and, fifth, a certificate that the award was made to the lowest responsible bidder for the best and most suitable article. Ibid., p. 1122.
The object of this legislation is to secure for the Government the benefit of competition in obtaining supplies and to prevent favoritism in making the purchases thereof. It contemplates one general mode of purchase, namely, by contract, after advertisement, with the lowest responsible bidder for the best and most suitable article," with but a single exception, and that is where an emergency” exists requiring the purchase to be otherwise made. Such emergency may arise not only before the required public notice can be given, but after it has once been given, in consequence of the failure to receive any bids or proposals; in either case the purchase thereupon would be an emergency purchase, and come within the requirement of the statute for an immediate report to the Secretary of War for his approval. This requirement is, I think, designed to extend to all purchases which are not made agreeably to the general mode above indicated, and hence it applies to the purchase of parts of machinery, or parts of stoves or ranges, for repairs, or of patented articles, when the same is (as in cases of emergency, and those only, it may be) made in open market. XVIII Opin. Att. Gen., 349.
For historical note in reference to the army ration see end of chapter. ? This enactment replaces the requirement of section 1146, Revised Statutes, which authorized the President to “make such alterations in the component parts of the ration as a due regard to the health and comfort of the Army and economy may require."
770. In accordance with the provisions of section 40 of the act entitled "An act to increase the efficiency of the permanent military establishment of the United States," approved February 2, 1901, which authorizes the Presi. dent to "prescribe the kinds and quantities of the component articles of the army ration, and to direct the issue of substitutive equivalent articles in place of any such components whenever, in his opinion, economy and a due regard to the health and comfort of the troops may so require,” the following is promulgated for the information and guidance of all concerned:
The kinds and quantities of articles composing the army ration and the substitutive equivalent articles which may be issued in place of such components shall be as follows:
1. For troops in garrison (garrison ration).
Pepper, black. Soap and candle compo- Soap. nents.
a When the cost does not exceed that of fresh beef.
In Alaska the allowance of fresh vegetables will be 24 ounces instead of 16 ounces.
tance. q When impracticable to furnish fresh vegetables. In Alaska 31 ounces instead of 27 ounces. h Thirty per cent of the issue to be prunes when practicable. iWhen illumination is not furnished by the Quartermaster's Department. In Alaska i ounce
instead of A ounce.