64. There shall be in the Department of War: Subordinate of ficers. One chief clerk of the Department, at a salary of two, Mar. 3, 1853, v. thousand five hundred dollars a year.1 Que disbursing clerk. One superintendent of the War Department building, at a salary of two hundred and fifty dollars a year.]2 In the office of the Adjutant-General: One chief clerk, at a salary of two thousand dollars a year. In the office of the Quartermaster-General: One chief clerk, at a salary of two thousand dollars a year. [One superintendent of the building, at a salary of two hundred dollars a year. (See secs. 169, 173, 174, 176, R. S.)]2 In the office of the Paymaster-General: One chief clerk, at a salary of two thousand dollars a year. One superintendent of the building occupied by the Paymaster General, at a salary of two hundred and fifty dollars a year.] In the office of the Commissary-General: One chief clerk, at a salary of two thousand dollars a year. One superintendent of building at corner of Seventeenth and F streets, at a salary of two hundred and fifty dollars a year.]2 In the office of the Surgeon-General: One chief clerk, at a salary of two thousand dollars a year. In the office of the Chief of Engineers: One chief clerk, at a salary of two thousand dollars a year. In the office of the Chief of Ordnance: One chief clerk, at a salary of two thousand dollars a year. In the office of Military Justice: One chief clerk, at a salary of two thousand dollars a year. 10, p. 211. Feb. 27, 1877, v. 65. There shall be in the said Department an inferior Chief clerk, officer, to be appointed by the said principal officer to be 19, p. 241. employed therein as he shall deem proper, and to be called The present composition of the clerical force of the War Department proper is as 1 ** Que chief clerk. $2,500; 1 disbursing clerk, $2,000; 3 chiefs of division, at Keach 1 stenographer, $1,800; 5 clerks of class 4: clerk to Assistant Secretary, Scerka of class 3; 9 clerks of class 2; 12 clerks of class 1; 4 clerks, at $1,000 4 messengers, 7 assistant messengers; 8 laborers; 1 carpenter and foreman of aletera at $1,000 each : 2 carpenters, at $900 ach; 1 hostler, $600; 2 hostlers and * Valiman at 8540 each. Act of May 28, 1896 (20 Stat. L., 161). "The udices included in brackets have ceased to exist. Management of military affairs. Aug. 7, 1789, c. the chief clerk in the Department of War, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books, and papers appertaining to the said Department.' Act of February 27, 1877 (19 Stat. L., 241). 66. The Secretary of War shall perform such duties as shall from time to time be enjoined on or intrusted to him 7, s. 1, v. 1. p. 49. by the President relative to military commissions, the mili Sec. 216, R. S. tary forces, the warlike stores of the United States, or to other matters respecting military affairs; and he shall conduct the business of the Department in such manner as the President shall direct. (See secs. 3660-3665, 3669, R. S.) Custody of the 67. The Secretary of War shall have the custody and departmental records and prop charge of all the books, records, papers, furniture, fixtures, Aug, 7, 1789, c. and other property appertaining to the Department. 7,88. 2,4, v. 1, p. 50. erty. Collecting flags, etc. Sec. 217, R. S. 68. The Secretary of War shall from time to time cause to be collected and transmitted to him, at the seat of Govc. 78, 8.1, v.3, p. ernment, all such flags, standards, and colors as are taken Sec. 218, R. S. by the Army from the enemies of the United States. Apr. 18, 1814, 133. Purchase and supplies. transportation of 69. The Secretary of War shall from time to time define Mar. 3, 1813, c. and prescribe the kinds as well as the amount of supplies 48, 8. 5. v. 2, P. to be purchased by the Subsistence and Quartermaster Sec. 219, R.S. Departments of the Army, and the duties and powers 817. See paragraphs 15-17 and 34 for the general powers and duties of chief clerks. The Secretary of War is the regular constitutional organ of the President for the administration of the military establishment of the nation; and rules and orders publicly promulgated through him must be received as the acts of the Executive and, as such, be binding upon all within the sphere of his legal and constitutional authority. Such regulations can not be questioned or defied because they may be thought unwise or mistaken. The right of so considering and treating the authority of the Executive, vested as it is with the command of the military and naval forces, could not be intrusted to officers of any grade inferior to the Commander in Chief; its consequence, if tolerated, would be a complete disorganization of both the Army and Navy. U. S. v. Eliason, 16 Pet., 291, 302; Wilcox v. Jackson, 13 Pet., 498, 513; Wolsey v. Chapman, 101 U.S., 755; Runkle v. U. S., 122 U. S., 543, 557; U. S. v. Adams, 7 Wall., 463. The Secretary of War is not required to perform duties in the field. He does not compose any part of the Army, and has no service to perform that may not be done at the seat of Government. 1 Opin. Att. Gen., 457; U. S. v. Burns, 12 Wall, 246; see, also, note 2 to par. 5, and the title Bridges over the navigable waters of the United States, in the chapter entitled THE CORPS OF ENGINEERS. Duties imposed by statute. In addition to his duties as the constitutional organ of the President for the administration of the military establishment, the Secretary of War is, by other statutes, charged with the supervision of the administration of the several bureaus or oflices of the War Department, their estimates, contracts, expenditures, reports and returns being under his sole direction and control. He has also been charged, from time to time, with the execution of laws relating to national cemeteries, the Soldiers' Home, the National Home for Disabled Volunteer Soldiers, the Military Prison, the detail of officers to colleges, the distribution of relief to sufferers by fire, flood, or by the failure of crops, due to drought or other causes, the construction and operation of canals, roads, and lines of telegraph, the location and and construction of bridges over the navigable waters of the United States, of railroads through the public lands, the protection of settlers and emigrants, the estab lishment of harbor lines, the adjustment of claims, the establishment and maintenance of national military parks, and the location, marking, and preservation of lines of battle on the battlefields of the civil war. Since the act of June 28, 1864, all statutes authorizing the construction of works of river and harbor improvement have contained the provision that the sums appropriated shall be expended under his direction. The Military Academy, and the schools of application at Willetts Point, Fortress Monroe, and at Forts Leavenworth and Riley are also carried on under the immediate supervision of the Secretary of War. By the act of April 10, 1878, the Secretary of War is authorized to prescribe rules and regulations to be observed in the preparation, submission, and opening of bids for contracts under the War Department. See also pars. 5 and 6, and notes thereunder for general provisions respecting the powers and duties of the heads of the several Executive Departments. 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 quartermasters, 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. Transportation of troops, etc. 15, s. 4, v. 12, p. 334. 70. The transportation of troops, munitions of war, equipments, military property, and stores, throughout the Jan. 31, 1862, c. United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint. Sec. 220, R. S. of new lines of June 20, 1878, v. cate of discharge. Mar. 3, 1873, c. 248, s. 1, v. 17, p. 582. Sec. 224, R. S. 71. That the construction of new lines of telegraph shall Construction be under the supervision and direction of the several mili- telegraph, etc. tary commanders, subject to the approval of the Secretary 20, p. 219. of War. Act of June 20, 1878 (20 Stat. L., 219). 72. Whenever satisfactory proof is furnished to the War Loss of certifi Department that any non-commissioned officer or private, woldier who served in the Army of the United States in the te war against the rebellion has lost his certificate of disarge, or the same has been destroyed without his privity or procurement, the Secretary of War shall be authorized to furnish, on request, to such non-commissioned officer or private a duplicate of such certificate of discharge, to be ndelibly marked, so that it may be known as a duplicate; bat such certificate shall not be accepted as a voucher for he payment of any claim against the United States for pay, bounty, or other allowance, or as evidence in any other Affidavits may be received in counts of com 73. In settling the accounts of the commanding officer of a company for clothing and other military supplies, the settlement of ac davit of any such officer may be received to show the pany commanders for clothing, * of vouchers or company books, or any matter of cir- etc. Feb. 27. 1877, stance tending to prove that any apparent deficiency v. 19, p. 241. das occasioned by unavoidable accident or lost in actual act of October 1, 1890, provides that "the civilian duties now performed by Aga ferie of the Army shall hereafter devolve upon a bureau, which, on or y first z „hteen hundred and ninety-one, shall be established in the De* ་ z iture, and the Signal Corps of the Army shall remain a part of esta" Lshment, under the direction of the Secretary of War, and all esti*** pjort shall be included with other estimates for the support of the Vol. 26. Stat. L., ch. 1266, p. 653. This statute operates to . ‚ of sections 221, 222, and 223 of the Revised Statutes as imposed duties Seerstars of War and the Chief Signal Officer in connection with the obser16 sati report of storms, leaving under their direction such duties, in connection estriction and repair of military telegraph lines as were imposed by the 297) 18 Stat. 1, p. 388; and June 20, 1878, 20 Stat. L., p. 219. See *** #lala si THE SIGNAL DEPARTMENT, post. Sec. 224, R. S. Power to administer oaths. 79, s. 25, v. 13, p. 491. Sec. 225, R. S. service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case. 74. The Secretary of War is authorized to detail one or Mar. 3, 1865, c. more of the employees of the War Department for the purpose of administering the oaths required by law in the settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. Surplus charts may be sold. 75. Any surplus charts of the northwestern lakes may be Mar. 3, 1869, c. sold to navigators upon such terms as the Secretary of War may prescribe. 122, s. 1, v. 15, pp. 301, 303. Sec. 226, R. S. and publications may be sold. 76. The Chief Signal-Officer may cause to be sold any of Signal Office Surplus maps or publications of the Signal-Office, the money Mar. 3, 1873, c. received therefor to be applied toward defraying the expenses of the signal-service; and an account of the same Sec. 227, R.S. shall be rendered in each annual report of the Chief of the Signal-Service.1 227, v. 17, p. 510 (527). expended bal ances. May 1, 1820, c. Apr. 20, 1874, c. 33. REPORTS. Report of un 77. The Secretary of War shall make an annual report to Congress containing a statement of the appropriations of 52, s. 2. v. 3. p. 567; the preceding fiscal year for the Department of War, show117, s. 2, v. 18, p. ing the amount appropriated under each specific head of Sec. 228, R. s appropriation, the amount expended under each head, and the balance which, on the thirtieth day of June preceding such report, remained unexpended. Such reports shall be accompanied by estimates of the probable demands which may remain on each appropriation.2 Annual statement of expendi 78. The Secretary of War shall lay before Congress, at ture of appropri- the commencement of each regular session, a statement of ation for contin gent expenses. Mar. 3, 1809, c. ** * the expenditure of the moneys appropriated for 28, s. 5, v. 2, p. the contingent expenses of the military establishment." Sec. 229, R. S. Act of March 2, 1895 (28 Stat. L., 787). 536. Report of bids for works. 79. Whenever the Secretary of War invites proposals for June 23, 1866, c. any works, or for any materials or labor for any work, he 2 See title Annual Reports in chapter entitled PROVISIONS APPLICABLE TO THE SEV ERAL EXECUTIVE DEPARTMENTS. 3 The act of March 2, 1895, repeals so much of this paragraph as requires the Secretary of War to lay before Congress, at the commencement of each regular session, a statement of all contracts for supplies and services which bave been made by him or under his supervision during the year preceding. 28 Stat. L., 787. shall report to Congress, at its next session, all bids therefor. with the names of the bidders. Report of exriver and harbor improvements. Res. No. 76, v. 15, aminations of Sec. 231, R. S. 80. The Secretary of War shall cause to be prepared and Submitted to Congress, in connection with the reports of examinations and surveys of rivers and harbors hereafter July 27, 1868, made by order of Congress, full statements of all existing p. 262. facts tending to show to what extent the general commerce of the country will be promoted by the several works of Improvements contemplated by such examinations and surveys, to the end that public moneys shall not be applied excepting where such improvements shall tend to subserve the general commercial and navigation interests of the United States. 81. The Secretary of War shall lay before Congress, on or before the first Monday in February of each year, an abstract of the returns of the adjutants-general of the several States of the militia thereof.1 THE WAR DEPARTMENT BUILDING. 82. The fourth story and attic of the south wing of the State. War, and Navy building, except such portion as is ow within the Library of the State Department, are assigned to the War Department for such uses of the Depart ment as in the judgment of the Secretary of War they may be best fitted, and the sum of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated, ont of any money not otherwise appropriated, to be expended under the direction of the Secretary of State to enable the Department to remove from said fourth story and attic the records, documents, and papers, now stored there, and to re-arrange them in other rooms in said Department. That the partition wall separating the corridors of the first, second, third, and fourth stories of the East wing from the said stories of the South wing of the State, War, and Navy building shall be removed so as to afford easy access from one wing to the other on the afore ntioned floors of said building: Prorided, That a joint elect committee of three members of the House of Repreentatives and three Senators, to be appointed respectively the Speaker of the House and the President of the Se: ate, upon the passage of this act, shall, on or before the completion of the North wing of the State, War, and ander entitled THE MILITIA. For statute requiring a report of the names, fum arata z etc of civil engineers employed on works of river and harbor im to be rendered to Congress, annually, by the Secretary of War, see the lajbeg eslatard THE ENGINEER DEPARTMENT. Returns of the militia. Sec. 232, R. S. Assignment of State, War, and Navy building. rooms, etc., of Sec. 6, Aug. 5, 1882; v. 22, p. 256. |