heads of the executive departments or other Government establishments to be required for official use may be paid in advance from appropriations available therefor. (Act March 4, 1915, c. 141, sec. 5, 38 Stat. 1049.)

(1) CLASSIFIED CIVIL SERVICE.

27-113. Unauthorized employment of clerks and others prohibited. The executive officers of the Government are hereby prohibited from employing any clerk, agent, engineer, draftsman, messenger, watchman, laborer, or other employee in any of the executive departments in the city of Washington or elsewhere beyond provision made by law. (Act August 15, 1876, sec. 5, 19 Stat. 169.)

27–114. Civilian employees for insular possessions, travel pay of. The Secretary of the Navy, in his discretion, is authorized to pay all civilian employees appointed for duty in the Philippines, Hawaiian and Samoan Islands, the island of Guam, and the island of Porto Rico, from the date of their sailing from the United States until they report for duty to the officer under whom they are to serve and while returning to the United States by the most direct route and with due expedition, a per diem compensation corresponding to their pay while actually employed; and in cases where the appointee is not to fill an existing vacancy his pay while traveling may be charged to the annual appropriation of the bureau concerned. (Act of July 1, 1902, 32 Stat. 663.)

27-115. Pay and number of employees at yards and stations; annual report to Congress. That hereafter the rates of pay of the clerical, drafting, inspection, and messenger force at navy yards and naval stations and other stations and offices under the Navy Department shall be paid from lump appropriations and shall be fixed by the Secretary of the Navy on a per annum or per diem basis as he may elect; that the number may be increased or decreased at his option and shall be distributed at the various navy yards and naval stations by the Secretary of the Navy to meet the needs of the naval service; * * * that the total amount expended annually for pay for such clerical, drafting, inspection, and messenger force shall not exceed the amounts specifically allowed by Congress under the several lump appropriations, and that the Secretary of the Navy shall each year, in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each: * * (Act March 3, 1909, 35 Stat. 754–5.)

*

27-116. Pay of technical force; report to Congress. Hereafter such amount may be expended annually for pay of drafting, technical, and inspection force from the several lump-sum appropriations in which specific authority for such expenditure is given, as the Secretary of the Navy may deem necessary within the limitation of appropriation provided for such service in said lump-sum appropriations at such rates of compensation as the Secretary of the Navy may prescribe; and the Secretary of the Navy shall each year, in the annual estimates, report to Congress the number of persons so employed, their duties, and the amount paid to each. (Act August 29, 1916, 39 Stat. 558.)

27-117. Technical services in Bureau of Yards and Docks. The services of skilled draftsmen and such other technical services as the Secretary of the Navy may deem necessary may be employed only in the Bureau of Yards and Docks to carry into effect the various appropriations and allotments thereunder and be paid

*

from such appropriations and allotments: * A statement of the persons employed hereunder, their duties, and the compensation paid to each shall be made to Congress each year in the annual estimates. (Act March 3, 1921, 41 Stat. 1287.)

(J) TELEPHONES.

27-118. Restriction on expenditures from appropriations for private telephones. No money appropriated by this or any other act shall be expended for telephone service installed in any private residence or private apartment or for tolls or other charges for telephone service from private residences or private apartments, except for long-distance telephone tolls required strictly for the public business and so shown by vouchers duly sworn to and approved by the head of the department, division, bureau, or office in which the official using such telephone or incurring the expense of such tolls shall be employed. (Act August 23, 1912, sec. 7, 37 Stat. 414.) The accounting officers of the United States Treasury are hereby authorized and directed to allow in the accounts of disbursing officers of the Navy all payments for telephones in Government quarters which have been disallowed under section seven of the act of August twenty-third, nineteen hundred and twelve (Thirty-seventh Statutes, pages one and four hundred and fourteen), by decision of the Comptroller. (Act August 29, 1916, 39 Stat. 581.)

(K) PRINTING AND BINDING.

27-119. Only appropriations for printing and binding may be used therefor. Hereafter there shall be submitted in the regular annual estimates to Congress under and as a part of the expenses for "Printing and binding" estimates for all printing and binding required by each of the executive departments, their bureaus and offices, and other Government establishments at Washington, District of Columbia, for each fiscal year; and after the fiscal year nineteen hundred and seven no appropriations other than those made specifically and solely for printing and binding shall be used for such purposes in any executive department or other Government establishment in the District of Columbia: Provided, That nothing in this section shall apply to stamped envelopes or envelopes and articles of stationery other than letter heads and note heads printed in the course of manufacture. (Act June 30, 1906, sec. 2, 34 Stat. 762.)

27-120. Printing to be done by Government Printing Office; exception as to field service. That on and after July 1, 1919, all printing, binding, and blankbook work for Congress, the Executive Office, the judiciary, and every executive department, independent office, and establishment of the Government shall be done at the Government Printing Office, except such classes of work as shall be deemed by the Joint Committee on Printing to be urgent or necessary to have done elsewhere than in the District of Columbia for the exclusive use of any field service outside of said District. (Act March 1, 1919, 40 Stat. 1270.)

(L) PURCHASE AND ISSUE OF SUPPLIES.

27-121. Classifying and cataloguing supplies for Navy. For expenses of arranging, classifying, consolidating, and cataloguing supplies for the Navy herein provided for and now on hand, ten thousand dollars; and all supplies purchased with moneys appropriated by this act shall be deemed to be purchased for the Navy and not for any bureau thereof, and these supplies, together 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 rega bureau for which they were purchased. (Act of June 30, 1890, 26 Stat. 205.)

27-122. Naval supplies; purchase and issue, for Navy, and not for bureaus. All supplies hereafter purchased with moneys appropriated for any branch of the naval establishment shall be purchased, classified, and issued for consumption or use subject to the provisions contained in the act making appropriations for the naval service, approved June thirtieth, eighteen hundred and ninety, in reference to supplies therein provided for and on hand. (Act March 2, 1891, 26 Stat. 807.) NOTE.-Extract from the act of June 30, 1890, is quoted in preceding paragraph. GROUP 8. CONTRACTS.

(A) SPECIFIC LAW REQUIRED.

27-123. Unauthorized contracts prohibited; exceptions as to War and Navy Departments. No contract or purchase on behalf 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, or transportation, which, however, shall not exceed the necessities of the current year. (R. S. sec. 3732.)

(B) RECORDING AND FILING; DUTIES OF CONTRACTING OFFICERS. 27-124. Contract to be filed with auditors. All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress. (R. S. sec. 3743, as amended by act July 31, 1894, sec. 18, 28 Stat. 210.) NOTE.-Under budget and accounting act of June 10, 1921, section 304, Yards and Docks contracts are required to be deposited in Navy Department Division, General Accounting Office.

27-125. Contracts to be in writing; copy filed in returns office. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior, to cause and require every contract made by them severally on behalf of the Government, or by their officers under them appointed to make such contracts, to be reduced to writing, and signed by the contracting parties with their names at the end thereof; a copy of which shall be filed by the officer making and signing the contract in the returns office of the Department of the Interior, as soon after the contract is made as possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal, and marked by numbers in regular order, according to the number of papers composing the whole return: Provided, That the Secretary of War or the Secretary of the Navy may extend the time for filing such contracts in the returns office of the Department of the Interior to ninety days whenever in their opinion it would be to the interest of the United States to follow such a course. (R. S. sec. 3744, as amended by act June 15, 1917, 40 Stat. 198.)

27-126. Oath to copy of contract. It shall be the further duty of the officer before making his return, according to the preceding section, to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with -; that I made the same fairly without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said or any other person; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided." (R. S. sec. 3745.)

27-127. Penalty for omitting returns. Every officer who makes any contract, and fails or neglects to make return of the same, according to the provisions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred, and imprisoned not more than six months. (R. S. sec. 3746.)

27-128. Instructions to be furnished officers making contracts. It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer, under the two preceding sections, and also to furnish therwith forms, printed in blank, of contracts to be made, and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible. (R. S. sec. 3747.)

27-129. Contracts for military or naval service. All purchases and contracts for supplies or services for the military and naval service shall be made by or under the direction of the chief officers of the Departments of War and of the Navy, respectively. And all agents or contractors for supplies or services as aforesaid shall render their accounts for settlement to the accountant of the proper department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before prescribed. (R. S. sec. 3714, as amended by act February 27, 1877, 19 Stat. 249.)

(C) ADVERTISEMENT.

27-130. Advertisements for proposals required, except in public exigency. All purchases and contracts for supplies or services, in any of the departments of the Government, except for personal services, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles or performance of the service. When immediate delivery or performance is required by the public exigency, the articles or service required may be procured by open purchase or contract, at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals. (R. S. sec. 3709.)

27-131. Newspaper advertising; written authority required. No advertisement, notice, or proposal for any executive department of the Government, or for any bureau thereof, or for any office there with connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from

the head of such department; and no bill for any advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority. (R. S. sec. 3828.)

In no case of

27-132. Advertisements in District of Columbia. advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such advertisement are to be furnished or performed in said District of Columbia. (Act July 31, 1876, 19 Stat. 105.)

27-133. Rate of payment for advertisements, notices, and proposals. Hereafter all advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts; such rates to be ascertained from sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise: Provided, That all advertising in newspapers since the tenth day of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates; but the heads of the several departments may secure lower terms at special rates whenever the public interest requires it. (Act June 20, 1878, 20 Stat. 216.)

27-134. Advertising in District of Columbia; rate of compensation. All advertising required by existing laws to be done in the District of Columbia by any of the departments of the Government shall be given to one daily and one weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Provided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspaper selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes. (Act January 21, 1881, 21 Stat. 317.)

(D) LIMITATION OF AMOUNT OF CONTRACT.

27-135. No contract to exceed appropriation. No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose. (R. S. sec. 3733.) NOTE.-See also act of June 30, 1906, section 9, 34 Stat. 764, under Group 7-b. 27-136. Officer contracting beyond specific appropriation; penalty. Whoever, being an officer of the United States, shall knowingly contract for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined not more than two thousand dollars and imprisoned not more than two years. (Act March 4, 1909, c. 321, sec. 98, 35 Stat. 1106.)

(E) BIDS.

27-137. Opening bids, notification of. Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the bids, and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made. (R. S. sec. 3710.)

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