Use of funds.

SEC. 5. That the funds appropriated in this act shall be drawn from the Treasury as required by section thirty-six hundred and seventy-three, Revised Statutes of the United States, in the case of moneys appropriated for the use of the War Department. And the said board of trustees. shall submit to the Secretary of War estimates for his approval, which shall form the basis of his requisition. The funds so drawn shall be disbursed, under the direction of the Secretary of War, by the disbursing officer of the United States Military Academy, upon vouchers certified to by the president and secretary of the said board of trustees for and in behalf of said board, and shall be accounted for by the said disbursing officer in the same manner and under the same conditions as other public Proviso. funds of the United States: Provided, That the authority Secretary of War of the Secretary of War for any expenditure under the Sees 1-5 July provisions of this act shall be conclusive evidence of the 23, 1892, v. 27, p. 262. Sections 1-5, act of July 23, 1892 (27 Stat.

Approval of

final.

Purpose of the memorial hall. Sec. 6, ibid.

legality thereof.

L., 262).

1140. That the memorial hall to be erected under the provisions of this act shall be a receptacle of statues, busts, mural tablets, and portraits of distinguished and deceased officers and graduates of the Military Academy, of paintings of battle scenes, trophies of war, and such other objects as may tend to give elevation to the military profession; and to prevent the introduction of unworthy subjects into this hall the selection of each shall be made by not less than two-thirds of the members of the entire academic board of the United States Military Academy, the vote being taken by ayes and nays and to be so recorded. Sec. 6, ibid.

THE SERVICE SCHOOLS.

The Engineer Depot at Willets Point, N. Y.

Sept. 22, 1888, v. 25, p. 487.

1141. The Engineer Depot at Wil- 1143. The Infantry and Cavalry lets Point, N. Y.

1142. The Artillery School at For

tress Monroe, Va.

School at Fort Leavenworth, Kans.

1144. The Cavalry and Light Artillery School at Fort Riley, Kans.

THE ENGINEER DEPOT AT WILLETS POINT, N. Y.

1141. Engineer depot at Willet's Point, New York: Incidental expenses of the depot: For purchase of materials for the instruction of engineer troops at Willets' Point in their special duties of sappers, miners, for land and submarine mines, and pontoneers, torpedo drill and signaling, one

thousand five hundred dollars; library of the Engineer School of Application: purchase and binding of professional works of recent date treating of military and civil engineering, five hundred dollars; in all, fifteen thousand dve hundred dollars.' Act of September 22, 1888 (25 Stat. L., 477).

THE ARTILLERY SCHOOL AT FORTRESS MONROE, VA.

School at For

June 11 1896,

1142. To provide for means of instruction, such as text The Artillery books, instruments, drawing materials, and stationery tress Monroe, Va required in the courses of artillery, engineering, law, and v. 29. p. 444 the science and art of war, and for other necessary expenses of the school, five thousand dollars. Act of June 11, 1896 (29 Stat. L., 444).

THE INFANTRY AND CAVALRY SCHOOL AT FORT LEAVENWORTH, KANS,

and Cavalry

Leavenworth,

1143. For text-books, books of reference, instruments The Infantry and materials for use in theoretical and practical instrue-School at Fort tion, one thousand five hundred dollars.' Act of June 11, Kans. 1-96 (29 Stat, L., 444).

THE CAVALRY AND LIGHT ARTILLERY SCHOOL AT FORT RILEY, KANS,

June 11 1×96, v. 29. p. 444.

alry and Light

struction estab

Kiley, Kins

1144. That the Secretary of War be, and he is hereby, School of Cav. authorized and directed to establish upon the military res. Artillery Inervation at Fort Riley a permanent school of instruction lished at Fort for drill and practice for the cavalry and light artillery service of the Army of the United States, and which shall be the depot to which all recruits for such service shall be

· The engineer de pot was established by executive order, but has been recognized in the several acts of appropriation See acts of March 3, 1871 (16 Stat L, 525); March 1 1801 417 Stat. L' 546) June 16, 1874 (1× Stat. L., 74) July 24, 1876 (1) Stat. I. 1 March 3, 1×7× 129 Stat 1.52) March 3, 1879 (ibid, 467), May 4 1××0 (21 Stat 1 1. February 24, 1981 rabid (949), June 30, 1882 (22 Stat L. 121) March 3, 1**. ibid 450 July 5. 1884 (2) Stat. L, 112). March 3, 1××5 vibid. 434) June 30, 1986 24 Stat L 9 February 9. 1887 (bid., 400) September 22, 1988 (25 Stat. L., 487); March 2 199 ph.d. 82, June 11, 18×90 (26 Stat L, 155, February 24, 1×91 obid

July 16 1×2 (27 Stat L 1×1) February 29 1×93 abid 4× August 6, 194 (28 Stat L. 241), February 12, 105 übid 662) and March 16, 16 (29 Stat. L, 67). The Artillery School was established at Fortress Monroe, Va, in pursuance of General Orders, No in Adjutant General » Office of April 5, 1×24 It ceased toexist, in * by reason of the transfer of the troops con posing the school to other duties. It was reestabonded by General Orders. No. 9, Adistant General » Office of October A code of regulations and plan of instruction was approved by the SecTE tary of War and p b, abed to the Army in General Orders No 5 Adjutant General's 0oce of May in ina The school was again discontinued at the outbreak of the war of the rebell om in 1×f] It was again or, anised on its present foundation by General Orders. No 90 Adinfant General a Office of November 1: 1×67. Although pot created by statute, ita existence has been recognized and the courses of study ported have been sanctioned by Congress in several acts of appropriation meta of Jure 2 March 31-79 qbid 3×9. Marchi * 1*1 (21 Mat I 445 Au ̧ta! ↑ 1×*: (22 stat L. 20. March 31**, (bid. 6] × July 7.1884 **་,་ 1 March 1 ibid August 4 1 (24 Stat L 21 October - Stat [ March 2 10 9 at $1. Augst 10-10-26 Stat L 4020, March 191 tid 979) August 5 19:27 Stat I 474 March 1 1×9% Ed 001. Ang at in 194 (28 Stat. L., 406, Mar 2 196 (bid 951), and June 11, 1×96 (29 Stat 1. 444

The Infantry and Cavalry School was established at Fort Leavenworth Kans in pa...ce of General Orders No 42 Adat in Generals (ince of May 7 Armengd not created by statute its existence has been recet ed by Congress in Beveral act of at-putrafin Nee acts of March 2 1895 ST Agast stat 1 4020 March 1 1991 (rbod August 5 12 27 Stat L 1-8 August is i×94 (28 Stat. L, 4009 March 2 in übid, K1), zied June 11, 1836 129 Stat. k., 4443.

Jan 29, 1887,

v. 24, p. 372.

sent; and for the purpose or construction of such quarters, barracks, and stables as may be required to carry into effect the purposes of this act the sum of two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated.' Act of January 29, 1887 (21 Stat. L., 372).

The Cavalry and Light Artillery School was established in pursuance of the act of January 29, 1887, by General Orders, No 17, Adjutant-General's Office, of March 14, 1882. See also in connection with this school the acts of October 2, 1888 (25 Stat. L... 534), and March 2, 1889 (ibid., 966).

Par

CHAPTER XXXI.

CONTRACTS AND PURCHASES.

GENERAL PROVISIONS.

Par.

1145. Contracts for military serv- | 1150. Acceptance of voluntary

ice to be made under direc

tion of Secretary of War.

service prohibited; ex-
ceptions.

1146. Unauthorized contracts pro- | 1151. Contracts and purchases,

the military serv

under direction

1145. All purchases and contracts for supplies or serv- Contracts for ices for the military and naval service shall be made by or ice to be made under the direction of the chief officers of the Departments of Secretary of of War and of the Navy, respectively. And all agents or

Under this statute the Secretary of War is the source of all authority to make evntracts or purchases in all branches of the military establishment "Whether he makes the contracts himself or confers the authority upon others, it is his duty to see that they are properly and faithfully executed, and if he becomes satisfied that eus tracta which he has made himself are being fraudulently executed, or those nade by others were made in disregard of the rights of the Government, or with the intent to defraud it, or are being unfaithfully executed, it is his duty to interpome arrest the execution, and adopt effectual measures to protect the Government aga rat the dishonesty of subordinates.' U– S. 6. Adams 7 Wall., 463, 477, Parish

• 188 Wall 4×9

T. head of an Executive Department mat when not prejudicial to the interests of the Government or for its benefit, alter or modify the terms of a contract made under ) la direction but his sabordinates may not take such action without express authority from h ma 12 Compt. Dec, 1×2 )

The iswa „overning the purchase of supplies for the Army are equally applicable whether the purchases are made from funds received from the sale of stores or from the regular appropriations available there for. (1 Dng Compt. Dec, 260

the

It is of 1 an express contract which (in the absence of special authority from Cheers can legví ́s boentered into by the Secretary of War or a military officer, or can be recr„lized and acted upon as binding upon the United States, Claims against tom In ted States aris 1g upon alleged impied contract can not be entertained but Its not be referred to the Court of Claims or Congress Further the evntract to be les made or recognized as legal must be in writing (a) (except according to the ruing in Cobb • Came (by when entered into without previous advert menent by revmon of the existence of a' public exigency see itifra) No, In a cow are the only dence of an seged cor tract of le ise'cous sted of vouch eru setting forth accourts for rent clased a; proved by an assistant quartermaster, that there was no muff cente dence of an exprija or written contract upon which payment could be authorized by the Secretary of War (c) (Dig Op.m. J. A. 25 par 1

The Secretary of War has authority to extend the time for the execution of a con tract ħadeeħ behalf of 1 « Department when the interests of the Government are Dir thereby prej diced and particularly when its noncompletion within the time fru telier 4 d x to the ne ziigence of the contractor Compt Der 242 Nolomon e, UN 19 Wall 17 1 Sr. Corliss Steam Engine Co. 91 US,541, 18 Opin. Att-Gen, 101 2 Compt. Dex, 635 )

see Henderson v. U 8,4 C Cls R 75 14 Opin Att Gen 229 Clark = 1-8-95 Murb • U. 8, 7 C Cla R, 470, and 9 ibid, 291. And see Thompson ↑ US, 45 14 Opin Att Gen 230.

1919-26

War.

July 16, 1794 e.

858 3. v.1.p 6.0. Feb. 27, 1877, c. 69, v. 19, p 249. Sec. 3714, R. S.

Unauthorized contracts prohibited.

Mar. 2, 1861, c.

220.

contractors for supplies or service 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 revi sion of the officers of the Treasury in the manner before prescribed.

1146. No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law 84, s. 10, v. 12, p. or is under an appropriation adequate to its fulfillment, Sec. 3732, R.S. 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.1

No contract to exceed appropriation.

July 25, 1868, c.

1147. No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any 233, s. 3, v. 15, p. public improvement which shall bind the Government to Sec. 3733, R. S. pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose.2

177.

Purchases of

land.

1148. No land shall be purchased on account of the United May 1, 1820, e. States, except under a law authorizing such purchase.'

52, s. 7, v. 3. p. 568.

Sites for build

ings.

18, p. 371.

Sec. 3736, R. S.

1149. No money shall be paid nor contracts made for Mar. 3, 1875, v. payment for any site for a public building in excess of the amount specifically appropriated therefor. Act of March 3, 1875 (18 Stat. L., 371).

The restrictions of section 3732, Revised Statutes, are in the alternative, pro hibiting a contract or purchase on the part of the United States unless "authorized by law or unless such contract or purchase is made under an appropriation adequate to its fulfillment." Contracts to be valid must be shown to come under one or the other of these provisions. Shipman v. U. S., 18 C. Cls. R., 138. When the authority to enter into a contract for a particular work in behalf of the United States depends wholly upon an appropriation of money made for that pur pose, no officer of the Government has power to create a liability therefor beyond the amount of the appropriation, and a contractor can not recover more than the money appropriated, whatever may be the extent of his work. When an alleged liability rests wholly upon the authority of an appropriation, they must stand of fall together, so that when the latter is exhausted the former is at an end, to be revived, if at all, only by subsequent legislation by Congress. Shipman r. U.S. 18 C. Cls. R., 138, 147; McCullom v. U S., 17 ibid., 92, 103; Trenton Co. r. U. S., 12 ibid, 147, 157.

If an officer is clothed with authority to do a piece of work without limitation as to cost, the contracts made by him therefor are binding upon the Government, whether money is appropriated for the purpose or not. Shipman v. U. S., 18 ibid, 138; Collins r. U. S., 15 ibid., 22, 35, 13 Op. Att. Gen., 315; 15 ibid., 236.

Acknowledgments and promises made by executive officers of the Government do not bind the United States when they are not made under express or implied authority of Congress. Leonard et al. v. U. S., 18 C. Cls. R., 382.

*Authority to contract for the completion of an entire structure, the plan of which has been determined on, can not be inferred from the mere fact that an appropriation of a certain sum, to be expended on the structure, has been made. Hence a contract though it be good to the extent of such appropriation, could not affix itself to future appropriations and control their expenditure. A contract of this character would be in violation of the spirit of section 3, act of July 25, 1868 (sec. 3733, R. S.), if not of its express terms 15 Opin. Att. Gen., 236.

Under section 5 of the act of June 20, 1874 (18 Stat. L.. 111), all appropriations for "public buildings" are available until otherwise ordered by Congress. 3 Compt Dec., 29. A sub-appropriation for a public building must, under the act of June 20 1874 (18 Stat. L., 110, 111), remain available until its object has been accomplished or until it has been exhausted, unless otherwise ordered by Congress. Ibid.

The act of Congress does not prohibit the acquisition by the United States of the legal title to land, without express legislative authority, when it is taken by way of security for debt. Neilson r. Lagow, 12 How

4 See, also, for additional restrictions the act of March 3. 1875 (18 Stat. L., 3713.