Title 15, chap. 1. SEC. 1395. There shall be in the Navy, for the public Number and armed vessels of the United States in actual service not appointment of. Apr. 21, 1806, s. exceeding twenty-four chaplains, who shall be appointed v. 3, p. 125; Aug. 4, 1842, s. 1, v. 5, p. 500. of. Qualifications SEC. 1396. A chaplain shall not be less than twenty-one July 14, 1862, s. or more than thirty-five years of age at the time of his appointment. 7, v. 12, p. 565. See note 1. Form of wor ship. SEC. 1397. Every chaplain shall be permitted to conduct June 1, 1860, s. public worship according to the manner and forms of the church of which he may be a member. 1, v. 12, p. 24. Annual report. 1, v. 12, p. 24. Title 15, Chap.4. Rank. SEC. 1398. Chaplains shall report annually to the Secretary of the Navy the official services performed by them. 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 sec., "Rank mander or lieutenant. 9, v. 16, p. 536. See and Precedence." Rank when re tired for age or 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. Title 15, Chap.8. 3, v. 16, p. 331. * * 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. SEC. 1556. Chaplains, during the first five years after date of commission, when at sea, two thousand five hunJuly 15, 1870, s. dred dollars; on shore duty, two thousand dollars; on 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. Note 1.-Under this act the President can not appoint a chaplain above the age of thirty-five, 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.) 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 navy-yards. at each of the navy-yards where such officers may be "Mar. 2, 1867, s. 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. 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. Civil engineers will take precedence in their corps, and with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy. Rank. Mar. 3, 1871, s. 9, v. 16, p. 536. See same sec., "Rank and Precedence." See note 1. General Order 263, Feb. 24, 1881. 3, v. 10, p. 331. 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. 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 appropria- June 3, 1896. tions for the legislative, executive, and judicial expenses 29 Stat. L., 202. of the Government for the fiscal year ending June thirtieth, 2 SR. S., v. p. 498. eighteen hundred and ninety-five, and for other purposes, Rivers and har bors. approved July thirty-first, eighteen hundred and ninety-Retired army four, shall not be so construed as to prevent the employ and navy officers 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, s. 2, ante and harbors of the United States, or the payment by the P212 Became a law proper officer of the Treasury of any amounts agreed upon notwithstanding as compensation for such employment. Note 1.-See Ops., XV, pp. 165, 597; XVI, p. 203, and June 17, 1881. may be employed the President's veto, June 3, 1896. Title 15, chap. 7. supplies. Sec. 3736. Restriction on purchases of land. 3740. What interest Members of Congress Stipulation that no Member of Congress has an interest. 3741. 3742. Penalty against officer for making f contract with a Member of Con gress. 3743. Deposit of contracts. 3744. Contracts to be in writing. 3746. Penalty for omitting returns. 512-515. Returns office. 5503. Contracting beyond appropriations. Materials for steam boilers. Cotton cordage for the Navy. Torpedoes for the Navy. 3711. Inspection of fuel in District of 3712. Appointment of inspectors, etc., to SEC. 1549. It shall be the duty of the President to make, Regulations of subject to the provisions of law concerning supplies, such P26, 1842, 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 Aug. v. 9, p. 171. See note 1. See sec. 1549. tration of that branch of the public service. 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 regard 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 the pleasure of a head of a Department. No extension, unless for a period fixed as an 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 perse. 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 and 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 executed 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 exercise, by the head of a Department, of a discretion to consent to modifications of detail, in the course of the execution of public contracts, when such modifications (not being in contravention of law) are found to be 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 due, held that the appropriation was exhausted when latter amount was paid. (Op., IX, 451; see Op., 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 prevented. (C. C., VII, 543; affirmed by S. C.) A military board of survey is an ex parte tribunal; decision not binding on a contractor, its proceedings not evidence against him, etc. (C. C., VIII, p. 213.) The award 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 his death, ou what are called personal contracts, where skill or taste is required. (Op., VI, p. 410.) A claim for damages was adjusted by the appropriate Department on a basis to vol. 2, p. 599. Permanent [Par. 1.] Naval Supply Fund: (1) And the Secretary of March 3, 1897. the Treasury is hereby authorized and directed to cause 29 Stat. L., 648. the general account of advances to be charged with the Supp. R. S., sum of one million dollars, in addition to the 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 direction 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. * Title 40. contracts. Advances of public money on Jan. 31. 1823, of, p. 7231 SEC. 3648. No advance of public money shall be made in any case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or the articles delivered previously to such payment. * See act of May *5, 1894. 18 A. G. Op., p. 105. p. 517. That hereafter no payment shall be made from appropri-Supp. R. 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 bidden to officers employed by conis employed, after June thirtieth, eighteen hundred and tractors. ninety-seven, by any person or company furnishing naval supplies or war material to the Government; R. S., § 5498. and such employment is hereby made unlawful after Employment said date. * * forbidden. proposals. 18, p. 177. SEC. 3709. All purchases and contracts for supplies or Title 43. services, in any of the Departments of the Government, Advertisements except for personal services, shall be made by advertising for pr. 2, 1861, 8. a sufficient time previously for proposals respecting the 10, v. 12, p. 220; same, when the public exigencies do not require the imme- June 22. 1874, v. diate delivery of the articles, or performance of the service. See notes 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. which the contractor agreed. His acceptance and receipt, 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, 535.) 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 performance by con tractor (see C. C., IV, 258, 271; IX, p. 244; Op., XI, 263). Government requesting alterations (C. C., IX, 50; Wallace, XVII, p. 592). Willingness and efforts to perform (C. C., VII, 93; V, 490; Wallace, VIII, 77). Fraudulent contracts (Wallace, VII, 463). Set offs (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, 489; Op.. XV, 226; C. C., V, 215). Note 2.-This section (3648) 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 officer 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 Op., III, 437; C. C., I, 48: VII, 84; II, 96; IX, 291.) Note 4.-A navy paymaster purchasing under instructions from commanding officer, entitled to credit for sum expended, although purchased without advertising. (C. C., XV, 247.) ing this section. Mar. 2, 1891. 900. All supplies hereafter purchased with moneys appropri 26 Stat. L., 799. ated for any branch of the naval establishment 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 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. how purchased and issued. Mar. 2, 1889, 678. See note 5. June 30, 1890. All supplies purchased with moneys appropriated by 26 Stat. L., 205. this act shall be deemed to be purchased for the Navy and Supplies to be 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, under such regulations as the Secretary may prescribe, without regard to the bureau for which they were purchased. plies. Jan. 27, 1894. 1892-95, p. 169. and 8. 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 all Departments. R. S., s. 3709. 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, War, and Navy building, except for paper and materials for 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 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; -except for certain printing and engraving. be -to taneous. Bids, when opened. Attorney-General's opinion, Sept. 22, 1894, vol. 21, p. 59. And the Secretary of the Treasury shall designate the 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 Note 5.-All purchases and contracts for supplies in any of the Departments of the Government must be made by advertisement unless immediate delivery is necessary. The first two sentences of section 3709, Revised Statutes, as amended by the acts 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 pur chases 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 considerable scale and used alike by many or all of the various Departments and Government 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 exigency. 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 Columbia unless the contracts are to be performed there. By 1878, June 20, ch. 359, pars. 4, 5 (1 Supp. 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 Navy. 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. 9, p. 131. |