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178. Exchange of sewing machines, etc., in part payment for new.--Hereafter sewing machines and other labor-saving machinery used in the manufacture of clothing and equipage, motor trucks and passenger-carrying vehicles, and band instruments, may be exchanged in part payment for new machines, vehicles, and instruments used for the same purpose as those proposed to be exchanged.-Act of Aug. 29, 1916 (39 Stat., 635).

179. Exchange of motor-propelled vehicles, in part payment for new.-Here after motor-propelled vehicles, aeroplanes, engines, and parts thereof may be exchanged in part payment for new equipment of the same or similar character, to be used for the same purpose as those proposed to be exchanged.-Act of May 12, 1917 (40 Stat., 43).

180. Exchange of typewriters, adding machines, etc., in part payment.-The executive departments and other Government establishments and all branches of the public service may hereafter exchange typewriters, adding machines, and other similar labor-saving devices in part payment for new machines used for the same purpose as those proposed to be exchanged. There shall be submitted to Congress, on the first day of the session following the close of each fiscal year, a report showing, as to each exchange hereunder, the make of the article, the period of its use, the allowance therefor, and the article, make thereof, and price, including exchange value, paid or to be paid for each article procured through such exchange.-Sec. 5, act of Mar. 4, 1915 (38 Stat., 1161).

181. Duties of officers of Subsistence Department.-It shall be the duty of the officers of the Subsistence Department, under the direction of the Secretary of War, to purchase and issue to the Army such supplies as enter into the composition of the ration.-Sec. 1141, R. S.

182. Dutics of officers of Quartermaster's Department.-It shall be the duty of the officers of the Quartermaster's Department, under the direction of the Secretary of War, to purchase and distribute to the Army all military stores and supplies requisite for its use which other corps are not directed by law to provide; to furnish means of 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.-Sec. 1133. R. S.

183. Secretary of War to define and prescribe kinds, etc.-The Secretary of War shall from time to time define and prescribe the kinds as well as the amount of supplies to be purchased by the Subsistence and Quartermaster Departments of the Army, and the duties and powers 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 headquarters, 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.-Sec. 219 R. S.

184. Preference to be given to articles of American production.—The Quartermaster's Department of the Army, in obtaining supplies for the military service, shall state in all advertisements for bids for contracts that a prefer

ence shall be given to articles of domestic production and manufacture, 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, California, and Portland, in Oregon.-Sec. 3716, R. S.

185. Delivery of subsistence supplies.-Contracts for subsistence supplies for the Army, made by the Commissary General, on public notice, shall provide for a complete delivery of such articles, on inspection, at such places as shall be stipulated.—Sec. 3715, R. S.

186. Not to exceed current year necessities.-No contract or purchase on be half of the United States shall be made, unless the same is authorized by law, or, is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies, which, however, shall not exceed the necessities of the current year.-Act of June 12, 1906 (34 Stat., 255).

187. Members of Congress prohibited from sharing in profits.—In every such contract or agreement to be made or entered into or accepted by or on behalf of the United States, there shall be inserted an express condition that no Member of (or Delegate to) Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.-Sec. 3741, R. S., as amended by act of Feb. 27, 1877 (19 Stat., 249).

188. Contracts not transferable; rights of action reserved to United States.— No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States.-Sec. 3737, R. S.

189. In time of war-Purchase or procurement of military supplies in time of actual or imminent war.-The President, in time of war or when war is imminent. is empowered, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, company, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry.

Compliance with all such orders for products or material shall be obligatory on any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof and shall take precedence over all other orders and contracts theretofore placed with such organized manufacturing industry, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any plant equipped for the manufacture of

arms or ainmunition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, association, company, corporation, or organized manufacturing industry or the responsible head or heads thereof owning or operating any manufacturing plant, which, in the opinion of the Secretary of War shall be capable of being readily transformed into a plant for the manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall refuse to give to the United States such preference in the matter of the execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammunition, or other supplies or equipment, at a reasonable price as determined by the Secretary of War, then, and in either such case, the President, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or when war shall be imminent, such product or material as may be required, and any individual, firm, company, association, or corporation, or organized manufacturing industry, or the responsible head or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000.

The compensation to be paid to any individual, firm, company, association, corporation, or organized manufacturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just.-Sec. 120, act of June 3, 1916 (39 Stat., 213).

SUPPLIES FOR EXECUTIVE DEPARTMENTS.

190. Time-recording clocks.-That no recording clocks used for recording time of clerks or other employees shall be purchased for use in any of the executive departments at Washington, D. C., except from moneys specifically appropriated therefor.-Act of July 7, 1898 (30 Stat., 655).

191. Books, laws and reference, and periodicals.-That hereafter law books, books of reference, and periodicals for use of any executive department, or other Government establishment not under an executive department, at the seat of the Government, shall not be purchased or paid from any appropriation made for contingent expenses or for any specific or general purpose unless such purchase is authorized and payment therefor specifically provided in the law granting the appropriation.-Sec. 3, act of Mar. 15, 1898 (30 Stat., 316).

192. Fuel, ice, stationery, and other miscellaneous supplies; general supply committee created, duties, etc.--Hereafter all supplies of fuel, ice, stationery, and other miscellaneous supplies for the executive departments and other Government establishments in Washington, when the public exigencies do not require the immediate delivery of the articles, shall be advertised and contracted for by the Secretary of the Treasury, instead of by the several departments and establishments, upon such days as he may designate. There shall be a general supply committee in lieu of the board provided for in section thirty-seven hundred and nine of the Revised Statutes as amended, composed of officers, one from each such department, designated by the head thereof, the

duties of which committee shall be to make, under the direction of the said Secretary, an annual schedule of required miscellaneous supplies, to standardize such supplies, eliminating all unnecessary grades and varieties, and to aid said Secretary in soliciting bids based upon formulas and specifications drawn up by such experts in the service of the Government as the committee may see fit to call upon, who shall render whatever assistance they may require. The committee shall aid said Secretary in securing the proper fulfillment of the contracts for such supplies, for which purpose the said Secretary shall prescribe, and all departments comply with, rules providing for such examination and tests of the articles received as may be necessary for such purpose; in making additions to the said schedule; in opening and considering the bids, and shall perform such other similar duties as he may assign to them: Provided, That the articles intended to be purchased in this manner are those in common use by or suitable to the ordinary needs of two or more such departments or establishments; but the said Secretary shall have discretion to amend the annual common supply schedule from time to time as to any article that, in his judgment, can as well be thus purchased. In all cases only one bond for the proper performance of each contract shall be required, notwithstanding that supplies for more than one department or Government establishment are included in such contract. Every purchase or drawing of such supplies from the contractor shall be immediately reported to said committee. No disbursing officer shall be a member of such committee. No department or establishment shall purchase or draw supplies from the common schedule through more than one office or bureau, except in case of detached bureaus or offices having field or outlying service, which may purchase directly from the contractor with the permission of the head of their department: And provided further, That telephone service, electric light, and power service purchased or contracted for from companies or individuals shall be so obtained by him-Sec. 4, act of June 17, 1910 (36 Stat., 531).

FUEL-PURCHASE AND INSPECTION OF.

193. Appointment of inspectors; duties, etc. It shall not be lawful for any officer or person in the civil, military, or naval service of the United States in the District of Columbia to purchase anthracite or bituminous coal or wood for the public service except on condition that the same shall, before delivery, be inspected and weighed or measured by some competent person to be appointed by the head of the department or chief of the branch of the service for which the purchase is made from among the persons authorized to be employed in such department or branch of the service.

The person appointed under this section shall ascertain that each ton of coal weighed by him shall consist of two thousand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred and twenty-eight cubic feet. Each load or parcel of wood or coal weighed and measured by him shall be accompanied by his certificate of the number of tons or pounds of coal and the number of cords or parts of cords of wood in each load or parcel.-Sec. 3711, R. S., as amended by sec. 6, act of Mar. 2, 1895 (28 Stat., 808), and sec. 6, act of Mar. 15, 1898 (30 Stat., 316).

194. Copy of certificate of appointment of inspectors to be furnished.—The proper accounting officer of the Treasury shall be furnished with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section.-Sce. 3712, R. S.

195. No payment without certificate.--It shall not be lawful for any accounting officer to pass or allow to the credit of any disbursing officer in the District of Columbia any money paid by him for purchase of anthracite or bituminous coal or for wood, unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer.-Sec. 3713, R. S.

196. Certificate of weight to be furnished.-That no person shall sell or deliver any coal within the limits of the District of Columbia unless there shall be delivered to the person in charge of the wagon or conveyance used in delivering such coal a certificate duly signed by the person selling the same and showing the weight of the coal purporting to be delivered and weight of the wagon or conveyance used in such delivery, the total weight of coal and conveyance, and the name of the purchaser.-Sec. 12, act of Mar. 2, 1895 (28 Stat., 813).

197. Exhibiting certificate when required.-That no person in charge of the wagon or conveyance used in delivering coal, to whom the certificate mentioned in section six of this act has been delivered, shall neglect or refuse to exhibit such certificate to the sealer or the assistant sealer of weights and measures, or to any person designated by them, or to the purchaser or intended purchaser of the coal being delivered; and when said officers, person so designated, or such purchaser or intended purchaser shall demand that the weight shown by such certificate be verified it shall be the duty of the person delivering such coal to convey the same forthwith to some public scale of the District, or to any private scale the owner whereof shall consent to such use, and to permit the verifying of the weight shown, and shall, after the delivery of such coal, return forthwith, with the wagon or conveyance used, to the same scale and verify the weight of the wagon or conveyance.-Sec. 13, ibid.

HORSES PURCHASE OF.

198. Breeding purposes; appropriation not available for.—No part of this appropriation shall be used for breeding purposes.—Annual appropriation acts.

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199. Appropriation available for breeding purposes.-That of the sum thus appropriated may be used by experiments in the breeding and maintenance of horses for military purposes.-Annual appropriation acts, Department of Agriculture.

200. Horses for Cavalry, Artillery, and Indian Scouts.-Hereafter all purchases of horses under appropriations 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 of 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.. 109.)

201. Horses, mules, oxen, wagons, carts, drays, ships, etc.-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.--Ibid., p. 110.

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