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ENGINEER REGULATIONS

AND

DIGEST OF
ORDERS, CIRCULARS, REGULATIONS, ETC.,

RELATING TO

THE WORK OF THE ENGINEER DEPARTMENT,
U. S. ARMY.

IN FORCE MARCH 22, 1906.

\)j

WAR DEPARTMENT,
Document No. 269.
Office of the Chief of Engineers.
2

CONTENTS.

Page.

Letter of transmittal 5

Chiefs of Engineers, 1868-1906 7

Engineer Regulations 9

Digest of orders, circulars, etc. :

Chapter I : Correspondence 19

Chapter II : Reports and Returns 27

Chapter III: Records 43

Chapter IV: Engineer Boards and Division P^ngineers. 47

Chapter V: Fortifications 61

Chapter VI : Rivers, Harbors, and Canals 78

Chapter VII : Travel and Transportation 98

Chapter VIII: Contracts and Other Methods of Pur-
chase 114

Chapter IX: Money accountability 143

Chapter X: Public Property and Property Account-
ability 170

Chapter XI : Furnishing Supplies, etc 181

Chapter XII: Civilian Employees 190

Chapter XIII: Authorities in General 223

Chapter XIV: Miscellaneous 226

Addendum to Digest 233

List of orders, circulars, etc., included in Digest 235

Index to Digest 247

LETTER OF TRANSMITTAL

War Department,
Office of the Chief of Engineers,

Washington, March Se, 1906.
Sir: I have the honor to submit herewith a revised and corrected
compendium of general orders and circulars issued from this oflBce,
together with citations from Army Regulations, from Decisions of
the Comptroller of the Treasury, and from the Opinions of the
Judge- Advocate General of the Army in matters affecting officers
of the Corps of Engineers.

2. The publication of a similar compendium for use of the offi-
cers of this corps was authorized by the Secretary of War June
26, 1902, and it has been found to be exceedingly useful and
helpful as well as a great convenience, but the lapse of time and
the many changes in orders, etc., render it highly desirable that
a new edition, corrected to date, be provided for engineer officers
charged with the duty of disbursing public funds.

3. I have therefore to recommend that authority be given for
printing and binding 400 copies of the accompanying compendium,
which embodies no changes in that heretofore authorized except-
ing such modifications and additions as are necessitated by the
provisions of orders, circulars, etc., issued since the edition au-
thorized in 1902 was printed.

4. If the authority now asked for is granted, it is proposed to
include in the compendium the approved Engineer Regulations
as at present in force, but no changes or modifications in these
regulations are involved.

Very respectfully,

A. Mackenzie,
Brig. Gen., Chief of Engineei's, U. S. Army.
Hon. Wm. H. Taft,

Secretary of War.

[First indorsement.]

War Department, March ge, 1906.
Approved:

Robert Shaw Oliver,

Assisianl Secretary of War.

CHIEFS OF ENGINEERS, 1868-1906.

Chiefs of Engineers having command of the Corpe of Engineers
and charge of the Engineer Department, during the period (1868-
1906) covered by the within orders, circulars, etc., assumed com-
mand as follows:

Brig. Gen. Andrew A. Humphreys August 9, 1866.

Brig. Gen. Horatio G. Wright July 3, 1879.

Brig. Gren. John Newton March 13, 1884.

Brig. Gen. James C. Duane October 14, 1886.

Brig. Gen. Tho'. Lincoln Casey July 23, 1888.

Brig. Gen. William P. Craighill May 11, 1895.

Brig. Gen. John M. Wilson February 8, 1897.

Brig. Gen. George L. (iJillbspie May 3, 1901.

Brig. Gen. A. Mackenzie January 23, 1904.

Brig. Gens. Henry M. Robert and John W. Barlow were
appointed Chief of Engineers on April 30 and May 2, 1901, respec-
tively, but did not assume command of the Corps of Engineers
and charge of the Engineer Department.

ENGINEER REGULATIONS.

[Adopted June 26, 1902.]

1. The Chief of Engineers shall supervise all disbursements by
officers of the Corps, and his approval of their accounts, so far as
relates to the necessity or expediency of the expenditure, and the
prices paid, and his certificate that the mode of expenditure
adopted was the most economical and advantageous to the Gov-
ernment, shall be final. If the disbursing officer certifies that the
mode of expenditure adopte<l was the most economical and advan-
tageous to the Government, the certificate of the Chief of Engi-
neers to that effect may be omitted. The approval of the Chief
of Engineers will be indorsed on the account current.

2. He shall present to the Secretary of War, on or before the
15th day of October in each year, a report of the operations of the
Engineer Department for the year ending on the 30th day of
June preceding, with such suggestions relative to its affairs as he
may deem expedient, accompanied by an entimate of funds re-
quired for the service of the department for the ensuing year.

3. AVith the approbation of the Secretary of War, he shall
regulate and determine the number, quality, form, and dimen-
sions of the necessary vehicles, pontons, tools, implements, and
arms and other supplies and materials for the use and service of the
engineer troops, to be procured as far as practicable by fabrication
in the Engineer and Ordnance estal)li8hments of the (iovernment.

4. The Chief of Engineers shall, from time to time, personally
inspect the public works under the charge of officers and agents
of his department, under the authority of the Secretary of War.

6. Journeys to be performed by officers of the Corps of En-
gineers on duty connected with river and harbor work and with
fortification work may be ordered by the Chief of Engineers, or
approved by him when the emergency requiring the journey does
not permit of obtaining an order previous to making the journey.

10 ENGINEER REGULATIONS.

In the latter case, the officer should cei'tify upon the mileage
voucher " that urgent public duty required the journey to be per-
formed without previous orders," and the voucher must be ac-
companied by the approval of the journey by the Chief of
Engineers or superior officer.

6. There shall be attached to the headquarters of the Chief of
Engineers as many officers as the service of his office and the bu-
reau of engineers may require, and through whom the commander
of the corps may issue orders and instructions.

7. All projects for commencing new works must be submitted
to the Secretary of War, through the Chief of Engineers, for
consideration.

8. When plans of any kind, for public work under the Engineer
Department, have been sanctioned by the Secretary of War or by
the Chief of Engineers, they must not be departed from in any
particular without the express permission of the Secretary of War
or of the Chief of Engineers.

9. Public works in the charge of the Corps of Engineers shall
be inspected at least once a year, and when completed, by such
officers of the corps as the Chief of Engineers, with the approval
of the Secretary of War, shall designate.

10. There shall be a Board of Engineers whose duty it shall be
to plan or revise, as may be directed by the Chief of Engineers,
from time to time, projects of permanent fortifications required
for the defense of the territory of the United States and works of
river and harbor improvement; also to consider and report upon
such other matters as may be referred to it by the Chief of Engi-
neers.

11. It shall also be the duty of the members of the Board, when-
ever required by the Chief of Engineers, to inspect and report
upon any of the works of construction or other of the operations
of the Engineer Department, the inspection reports to be made
to the Board and by it submitted to the Chief of Engineers, with
such remarks as it may deem proper.

12. The Board shall consist of not less than three officers, to be
designated by the Chief of I^ngineers, with the sanction of the
Secretary of War.

13. Two members of the Board shall constitute a quorum for
the transaction of business, but its final decisions in important
matters must be sanctioned by a majority of its members.

ENGINEER REGULATIONS. 11

14. The reports of the Board will be made to the Chief of Engi-
neers. It will keep a journal of its proceedings, and will on the
first day of each month report to him the movements of its mem-
bers and a brief statement of the occupation of the assembled
Board.

15. The Chief of Engineers shall submit all important reports
of the Board, with his views thereon, to the Secretary of War,
without whose sanction no important work shall be undertaken.

16. The orders of the senior officer of the Board shall be author-
ity for journeys made by its members and associates and for the
necessary expenditures incurreti by the Board in pursuance of its
duties, but the authority of the Chief of Engineers must be ob-
tained by the senior officer of the Board for all journeys made by
the Board or members thereof to localities other than the usual
place of meeting. Payment of mileage and for these expenditures
shall be made from the appropriation for works of river and har-
bor improvement when the duty is connected with such works.

1 7. Under the direction of the Secretary of War as many officers,
not below the rank of lieutenant-colonel, as may l)e necessary, may
be assigned by the Chief of Engineers as division engineers, the
extent of each division to be determined by the Chief of Engineers.

18. A report shall be sent in time to reach the Bureau as soon
after the first of July of each year as practicable, and not later
than July 20, of the operations on each work or survey during the
fiscal year ending 30th June prece<ling, with the necessary draw-
ings, and showing the condition of the work, the extent and cost
of the principal operations (as brickwork, stonework, earthwork,
surveys), accompanied by a summary statement of expenditures
during the year, with a detailed estimate of the funds required for
the next year, and an estimate of the amount required to com-
plete the work.

The report should conclude with a recapitulation, giving a brief
of its more important facts and interesting particulars; this should
be of such a form that it may be embodied in the annual report of
the Chief of Engineers.

19. "That the Secretary of War shall report to Congress, at its
next and each succeeding session thereof, the name and place of
residence of each civilian engineer employed in the work of
improving rivers and harbors by means and as the result of appro-

ENGINEER REGULATIONS.

priations made in this and succeeding river and harbor appropria-
tion bills, the time so employed, the compensation paid, and the
place at and work on which employed." (Act August 5, 1886,
sec. 8,— 24 Stats., 335.)

Officers and agents in charge of works will make out and forward
to this office, with their annual report at the end of each fiscal
year, a statement in accordance with the above act. With a view
to securing uniformity in these statements a blank form is
appended.

List of civilian engineers employed on work of river and harbor im-
provements in the charge of , Corps of Engineer's, be-
tween July 1, 190 — , and June 30, 190 — , inclusive.

Name.

Place of
residence.

Time em- Compensa-
ployed. tion.

Where em-
ployed.

Work on which
employed.

, Corps of Engineers.

20. An officer of the corps or agent in charge of any work of
construction or survey, or any operation involving the expendi-
ture of money, shall disburse the money for the same, and when
informed of the fund applicable thereto, will furnish the Chief of
Engineers a project for the manner in which it is proposed to apply
it, with an estimate of the probable monthly expenditures.

21. "All officers, agents, or other persons who are charged with
the safe-keeping, transfer, or disbursement of the public moneys
shall keep an accurate entry of each sum received and of each
payment or transfer; and shall render distinct accounts of the
application thereof according to the appropriation under which
the moneys may have been advanced to them. Every officer or
agent who, having received public money which he is not author-
ized to retain as salary, pay, or emolument, fails to render his
accounts for the same, shall be deemed guilty of embezzlement,
and shall be fined in a sum equal to the amount of the money

ENGINEER REGULATIONS. 13

embezzled, and shall be imprisoned not less than six months nor
more than ten years." (R. S. 3623, 3643, 5491. )

22. Every officer or agent of the War Department who receives
public money which he is not authorized to retain as salary, pay,
or emolument shall render his accounts monthly. (See A. R. 631. )

23. The law requires that a separate account be kept with each
appropriation disbursed. The forms of account current and ab-
stracts prepared for this purpose and approved by the Comptroller
of the Treasury will be used by disbursing officers. The blanks
will be procured from the Chief of Engineers. Accounts current
will be made in triplicate and abstracts in duplicate; two copies of
the account current, accompanied by one copy of the abstract and
one set of vouchers complete, will be forwardeil to the Chief of
Engineers; the other copy, also accompanied by abstract and
vouchers, will \)e retained by the officer.

24. An error made in an account must be corrected in the next
account current of the officer after he is informed of the error, and
reference w ill be made therein to the particular voucher in which
the error occurred.

25. In notifying officers of remittances, the Chief of Engineers
will inform them of the amount remitted under each head of
appropriation. All officers who make transfers of public funds
will pursue a similar course, stating in the invoices and receipts
the amount transferred from each appropriation. When notify-
ing officers of requests for remittances, the Chief of Engineers, in
addition to the amount of each appropriation, will give the titles
of appropriations to be used in accounts current, abstracts, and
vouchers.

2«. Funds received from overpayments previously made will be
entered on the account current in the proper column. The entries
should show by whom and to whom the overpayments were made,
on what account, and refer to the voucher (and abstract).

27. Funds received from sales will be entered in the proper col-
umn on the account current, and will show the fiscal year in which
the articles were purchased, if known.

28. Whenever money is refunded to the Treasury, the name of
the person refunding, and the purpose for which it is done, must
be stated.

14 ENGINEER REGULATIONS.

29. Eeceipts for funds disbursed and receipts and invoices of
funds transferred will state the place and date of payment or trans-
fer, the name and rank of the officer from whom the money is
received.

30. (Revoked. See G. 0. 7, O. C. E., 1905.)

31. When an officer is relieved from duty on any work he shall
certify the outstanding debts to his successor and transmit an ac-
count of the same to the Chief of Engineers. Unless otherwise
ordered, he will turn over the public money and property, and
the books and papers appertaining to the service from which he is
relieved, to his successor.

32. Disbursing officers, when they have the money, shall pay
cash and not open an account.

33. When disbursing officers draw checks in payment of ac-
counts on funds placed to their credit with assistant treasurers or
other depositaries of the United States, they will note upon the
receipt taken for such payment the number, date, and amount of
the check given in payment and designate the assistant treasurer
or depositary upon whom it is drawn; and when an account is
paid in part by currency, the amount of the same will be stated.

34. Persons employed in the engineer service may be allowed
actual traveling expenses for travel on duty under orders, to be
paid from the appropriations applicable to the works upon which
such persons are employed. The affidavit of the person will be
in accordance with the prescribed form.

35. When it is intended to have any work performed, service
procured, or purchase made, by contract, the advertisement and
the specifications, except in case of an emergency contract (Form
19b), must be previously submitted to the Chief of Engineers for
his approval.

36. In advertising for proposals for contract work to be done
under the direction of the Chief of Engineers, officers and agents
of the Engineer Department will state in the specifications what
proportion of the total consideration of the contract will determine
the amount of the contractor's bond to be required.

37. When bids are opened, and it is contemplated to enter into
formal written contracts with bonds, the abstracts of the bids, ex-
cept in cases of emergency contracts (Form 19b), will be forwarded
to the office of the Chief of Engineers, with recommendation for

ENGINEER REGULATIONS. 15

action in regard to accepting or rejecting the bid or bids received,
and no such bid will be accepted or rejected by the oflBcer in
charge of work in advance of approval by the Chief of Engineers.

38. All contracts and papers connected with the same, made by
oflScers of the corps or agents in charge of works, will be made in
accordance with the printed forms prescribed by the Secretary of
War; and these forms, and other printed forms allowed, will be
furnished from the Bureau when required. "

39. Extensions of, or waivers of time limit on, contracts are not
in any case to be made until the approval of the Chief of Engineers
has been obtained.

40. (Superseded by A. R. 637 and 638, and Par. 1, Cir. 21, W.
D., 1905, and Par. 2, G. O. 5, O. C. E., 1905,— §324.)

41. When original vouchers can not be furnished with accounts,
copies duly certified as true by a disinterested officer may be ac-
cepted. If no other officer than the payor or payee is at the station
when payment is made, both must Certify to that fact, and also to
the correctness of the copy.

42. When vouchers are not sent with the account to which they
belong, an explanation must be made as to why they were not
produced with and included in the proper account.

43. At the time when vouchers are transmitted by an officer
with his account^, if any of the articles purchased as noted thereon
have been "expended and applied to the purpose for which pur-
chased," a certificate to that effect may be made by the officer
upon the voucher, and when so made the articles referred to need
not be taken up on abstracts ot" property or on property returns.

44. Requests for the admission, free of duties an<l charges, of
articles imported for the use of the Government of the United
States must be accompanied with a list of the same, to be for-
warded to the collector of customs for his information and guid-
ance and for the permanent files of his office.

45. Authority to purchase materials and execute work by con-
tract or otherwise, in the manner most economical and advan-
tageous to the United States, may be granted by the Chief of
Engineers when such method is authorized by act of Congress.

DIGEST OF ORDERS, CIRCULARS, REGULATIONS. ETC,
RELATING TO THE WORK OF THE ENGINEER DEPART-
MENT, U. S. ARMY.

[In force March 22, 1906.]

[Note.— In the preparation of this digest most of the references to Statutes,
Comptroller's Decisions, Opinions of the Judge-Advocate-General, etc., in the
index to regulation.*!, general orders, circulars, and decisions published in 1902,
have been included, and aLso references to a few later decisions. No effort,
however, has been made to cover all Statutes, decisions, and opinions afTect-
ing the work of the Engineer Department, as such matter is covered by the
published Decisions of the Comptroller, Digest of Opinions of the Judge-
Advocate-General, and Military Laws of the United States.]

LIST OF ABBREVIATIONS USED.

General Orders G. O.

Circular Cir.

Army Regulations, edition of 1904 A. R.

Engineer Regulations, 1902 E. R.

Office of the Adjut4int-General, U. S. Army A, G. O.

War Department W, D.

Chief of Engineers C. of E.

U. S. Statutes at Large Stats.

U. S. Revised Statutes R. S.

Supplement to the Revised Statutes Sup. R. S.

Postal Laws and Regulations, 1902 P. L. & R.

Published Decisions of the Comptroller of the Treasury Corap. Dec.

Digestof Opinions of the Judge- Advocate-General, U. S. Army.. Dig. Op. J. A. G.
Opinions of the Attorney-General Op. A. G.

24890—06 2

CHAPTER I.

GORRESPOxNDENCE.

GENERAL PROVISIONS.

I. Distribution of duties in the otHce of the Chief of

Engineers;

Fortijicatiom-and'peraonnel Brandi.

1. Fortifications and their sea walls.

2. The Board of Engineers.

3. The Battalions of Engineers.

4. The Engineer School.

5. Construction work at Washington Barracks.

6. Specifications for fortification works — engineering ques-

tions, advertisements, and final action.

7. Surveys in military departments.

8. Engineer equipment of troops, and preparation of Engi-

neer manuals.

9. Personnel.

10. Orders and circulars.

II. Civilian assistants to Engineer oflTicers on the staffs of divi-

sion commanders.

12. Authorities in connection with fortifications other than for

personal employment.

13. Field and seacoast maneuvers.

14. Requisitions for supplies for seacoast defenses.

20 CORRESPONDENCE.

River-and-harbor Branch.

1. Improvement of rivers and harbors, including examinations,

sur^»eys, and projects.

2. Establishment of, and changes in, harbor lines.

3. Removal of wrecks and other obstructions to navigation.

4. Bridging navigable waters, including alteration of bridges.

5. Permits for structures in navigable waters, and other matters

arising under the laws for the protection and preservation
of navigable waters.

6. Congressional matters relating to navigable waters.

7. Supervision of the harbor of New York.

8. Public buildings and grounds. District of Columbia.

9. Specifications for river and harbor works — engineering

questions, advertisements, and final action.

10. Authorities in connection with river and harbor works other

than for personal employment.

11. California Debris Commission.,

12. International congresses of navigation.

Accounts-and-contracis Branch.

1. Money and property accounts.

2. Issue and transfer of property, excepting requisitions for

supplies for seacoast defenses.

3. Contracts.

4. Claims.

5. Engineer depots,

6. Specifications, as regards contract questions.

7. Water supply of Washington.

8. Lake survey.

9. Distribution of maps, documents, and blank forms.

10. Yellowstone National Park.

11. Military roads, other than those connected with seacoast

defenses.

12. Civil service, and authorities for personal employment.

13. System of accounts and records for district offices.

14. All j)apers pertaining to information circulars.

15. Purchase and issue of property required for the engineer

equipment of troops.

CORRESPONDENCE. 21

2. Subject matter. — Communications relating to one Division
of the duties of the Office of the Chief of Engineers should not
include any subject relating to any other Division. (Par. Ill,
G. 0. 4, C. of E., 1874.)

(a) Citation: An official letter should refer to one subject
only. (A. R. 778.)

3. File marks. — Officers of the Corps of Engineers, in their
communications to the Chief of Engineers, when citing previous
letters or reports, will give the file marks as well as the dates.
(Cir. 3, C. of E., 1891.)

4. Paragraphing:. — In important letters and indorsements of
considerable length sent to or through the office of the Chief of Engi-
neers by officers of the Corps of Engineers and agents of the United
States emi>loyed under the Engineer Department, the subject
matter will be divided into separate paragraphs, which will be
numbered consecutively, using Arabic numerals. (Cir. 13, C. of E.,
1901.)

5. Designations of officers detailed to Staflf Corps, — Officers
detailed as members of the General Staff Corp.>« and those detailed
in the several staff departments and corps will be addres.sed and
designated in correspondence and orders only according to their
rank and the positions to\vhich they are detailed, thus: "Major
A. B. C, General Staff;" "Captain D. E. F., Paymaster," etc., and
they will append only such titles to their official signatures, except
where their assignment to duty involves the use of another title,
as in the case of an adjutant-general, chief quartermaster, etc., of
a military department, and in these cases also the arm of the serv-
ice from which the officer is detailed will be omitted. (Par. I,
G. O. 24, \V. D., 1903.)

6. Estimates to accompany all projects.— When an officer
has occasion to propose the execution of any special work, as
repairs, temporary buildings, special surveys, rebuilding or
repairs of wharves, roads, etc., etc., the proposition should
always be accompanied by an estimate (with items where this is
practicable) of the probable cost of such work. (Par. II, G. 0. 1,
C. of E., 1868.)

22 CORRESPONDENCE.

TRANSMISSION BY MAIL.

7. Damage to papers in the mail. — The use of envelopes
lined with cotton or linen is enjoined, when ttie occasion requires
more than ordinary precautions for safe transmittal of packages
of valuable papers.

Officers receiving packages from this office in a damaged con-
dition are desired to report the fact at once.
(Cir.,C. of E., Dec. 9, 1869.)

8. Printed matter. — All printed matter which does not require
to be treated with the same care and forwarded with as much
celerity as letter mail should be distinctly marked ''Printed mat-
ter." (Cir. 7, C. of E.,1888.)

9. Registry fees. — The fees on official matter registered else-
where than at the Washington post-office must be paid. (Order
of Postmaster-General, dated July 18, 1884, published in Cir. 8,
C. of E., 1884.)

10. Property returns, etc.— The sending of property returns
and official papers of that class by registered mail is prohibited.
(G. 0. 65, A. G. O., 1881.)

11. Deficient postage. — Any part-paid letter or packet ad-
dressed to either of the Executive Departments or Bureaus at
Washington may be delivered free; but where there is good reason
to believe that the omission to prepay the full postage thereon
was intentional, such letter or packet shall be promptly returned
to the sender.

This exemption from the payment of deficient postage does not
apply to any letters or packets addressed to officers of the United
States outside of the city of Washington.

(Order of Postmaster-General, dated July 18, 1884, published in
Cir. 8, C. of E., 1884.)

12. Citations and cross reference :

(a) As to the use of official penalty envelopes in corre-
spondence with attorneys regarding the accounts of officials
with the Government, and in correspondence with private
citizens generally, see G. 0. 8, A. G. O., 1897.

CORRESPONDENCE. 23

(6) For regulations regarding the use of penalty envelopes,
see A. R. 843-846, 848.

(c) Disbursing officers of the Engineer Department are to
be supplied with envelopes under contracts annually made
by the Postmaster-General. (§243.)

[d) Persons, not officers, writing to the Executive Depart-
ments or to officers of the United States concerning the
business of the writers with the Government can not use the
penalty envelope to transmit their correspondence. Officers
authorized to use such envelopes should not furnish them for
use to contractors with the Government. (P. L. & R. 514. )

{e) The use of freight or express lines for official matter that
can be sent by mail is forbidden. (A. R. 847.)

TELEGRAMS AND CABLEGRAMS.

13. To aiul from the Chief of Engineers.— All official tele-
grams from this office to officers of the Corps of Engineers, and
agents of the United States employed under the Engineer Depart-
ment, will be sent "Collect," and all telegrams to this office from
officers and agents will be sent "Prepaid." (Par. I, Cir. 10, C. of
E., 1899.)

14. Place of payment to be indicated. — All official telegrams
payable at any originating office will be marked as follows: "Offi-
cial Business, Charge Engineer Office at "

Those on which the charges are collectible at the destination will
be marked "Official Business, Collect." (Par. II, Cir. 10, C. of
E., 1899.)

15. Telegraph ciphers and codes.— The cipher of the War
Department, the War Department Telegraphic Code, and the Tele-
graphic Code to Insure Secrecy (Gregory's), received by officers of
the Army for their official use, are in the nature of confidential docu-
ments, and care should be taken to prevent access thereto by un-
authorized persons. The cipher and codes will be held subject to
the order of the War Department and accounted for by number
and turned over on duplicate memorandum receipts when the offi-
cer responsible therefor has delivered the same to another officer,
and one of the receipts will be promptly forwarded to The Military

24 CORRESPONDENCE.

Secretary, War Department, Washington, District of Columbia, in
order that these important documents may be properly accounted
for and the responsibility for their loss or neglect be definitely
fixed without the necessity of extended correspondence. Semi-
annual reports M'ill be rendered, giving title and number of each
copy on hand. (Par. I, G. O. 84, W. D., 1904.)

16. Citations:

(a) For general provisions regarding telegraphing on mili-
tary business, see A. R. 1194-1203, andPar. II, G. 0. 180, W. D.,
1905.

(6) As to the use of the *' Western Union Telegraphic Code,"
the "War Department Telegraphic Code," and the "Tele-
graphic Code to Insure Secrecy in the Transmission of Tele-
grams," see G. O. 203, A. G. O., 1899.

(c) As to abbreviations in addressing officials at the War
Department in cable messages, see Par. I, G. 0. 9, A, G. O.,
1899.

{d) The assistant treasurer of the United States at New
York is registered at the different cable companies in that
city under the code word " Subty." (Par. I, Cir. 6, A. G. O.,
1899.)

WITH BUREAUS OF THE NAVY DEPARTMENT.

17. To be forwarded to the Cliief of Engineers.— All requests
for materials, publications, and information desired from the Navy
Department will be forwarded to the Chief of Engineers. (Cir. 23,

C. of E.,.1899.)

WITH THE DEPARTMENT OF JUSTICE.

18. Duplicate copies unnecessary. — It is not necessary to pre-
pare a duplicate copy of reports and papers for the Department of
Justice in cases pending before the Court of Claims, except upon
a special request made for the same in some particular case. (W.

D. Cir., dated June 16, 1886, published in Cir. 3, C. of E., 1886.)

19. Lists of papers. — In cases where original papers are for-
warded to the Court of Claims, or Department of Justice, the
chiefs of bureaus are requested to prepare a list (in duplicate) of

CORRESPONDENCE. 25

the papers to accompany them, whicli list should show the names
of the writers and to whom addressed, the date, and a blank space
to insert the War Department inclosure mark. Other papers or
documents should be described so that they may be identified.
(W. D. Cir., dated June 16, 1886, published in "cir. 3, C. of E., 1886.)

CITATIONS AND CROSS REFERENCES.

20. (xeneral Provisions:

(a) For general provisions regarding military correspond-
ence, see A. R. 778-795.

(6) As to correspondence with the Central Civil Service
Board in the office of the Chief of Engineers, see Cir. 14,
C. of E., 1902,— § 469.

(c) Certain papers are to l3e submitted to the Chief of En-
gineers through the Division Engineer; no papers to be for-
warded by him without a definite expression of opinion.
(G. O. 9, 1901, and G. 0. 10, 1903, C. of E.,— §§ 112, 115.)

(d) Confidential maps, etc., desired by officers of artillery,
to be sent to the Chief of Engineers for issue* (G. O. 6,
C. of E., 1903,— § 126.)

(e) An officer's report should \je accompanied by reports
of assistants whenever necessary to a clear and complete un-
derstanding of the subject considered. (Cir. 3, C. of E.,
1887,-§22.)

(/) All reports required to be transmitteil to Congress to
be submitted in duplicate. (G. O. 6, modified by G. O. 10,
C. of E., 1889,— §23.)

(g) Drawings accompanying reports which will probably
be transmitted to Congress and printed to be so prepared that
they may be immediately placed in the hands of the engraver
or photolithographer. (Cir. 16, C. of E., 1880,— § 25.)

(/i) The use of colored inks in correspondence is prohibited,
except as carmine or red ink is used in annotation and ruling.
(A. R. 829.)

(i) Hectograph impressions of papers not to be used where
permanence is desired. (Cir. 12, C. of E., 1887,— § 293.)

( j) When two or more affidavits and certificates as to lost
property are forwarded at the same time, they should be

26 CORRESPONDENCE.

accompanied by a letter of transmittal; a single affidavit or
certificate should be forwarded by indorsement. (Cir. 26, '
C. of E., 1905,— §374.)

,{k) Names of officers or other persons will not be printed
on letter or note headings for use in any branch of the mili-
tary service. (A. R. 511.)

(Z) Manuscript returns, rolls, certificates, and other docu-
ments are prohibited, when the proper printed forms are on
hand. (A. R. 1604.)

21. Correspondence regarding* contracts:

(a) Applications for authority to advertise for proposals to
be submitted through the Chief of Engineers to the Secretary
of War. (Cir., C. of E., July 26, 1872,— § 267.)

(6) Hectograph impressions of papers not to be used when
permanence is desired. (Cir. 12, C. of E., 1887,— § 293.)

{d) One copy of notification to contractor of approval of
contract to be sent to the Chief of Engineers. (Cir. 15,
C. of E., 1899,— §282.)

(e) The title of the appropriation chargeable with the obli-
gations incurred by an emergency contract to be stated in the
letter sending copy of the contract to the Chief of Engineers
(Cir. 11, C. of E., 1901,— § 300.)

CHAPTER II.

REPORTS AND RETURiNS.

REPORTS IN GENERAL.

22. Reports of assistants.— When a report is rendered to this
office by an officer in charge of works, it should l)e accompanied
by the reports of assistants whenever, in the judgment of the
officer, the latter are necessary to a clear and complete under-
standing of the subject considered. Officers in charge should,
however, endeavor to make their own reports as complete as pos-
sible, and should include therein all points of imix)rtance in the
subre ports, together with their own jxjrsonal views and recom-
mendations. (Cir._3, C. of E., 1887.)

23. Reports for Congress in dn plicate. — Annual reports and
also all reports on examinations and surveys and other reports
required to be transmitted to Congress must be submitted in dupli-
cate, one copy to be made on legal-cap paper (8 by 12^ inches), on
one side only, for the use of the printer. (G. O. 6, modified by
G. O. 10, C. of E., 1889.)

24. Citations and cross references:

(a) As to reports by boards of Engineer officers and the ren-
dition of minority reports, see G. O. 4, C. of E., 1892,— §68.

(6) Officers or troops of the Corps of Engineers detached
from the command of the Chief of Engineers will continue to
conform to the regulations of the Engineer Department in
regard to the rendition of reports. (A. R. 1524.)

28 REPORTS AND RETURNS.

(c) The Division Engineer will inspect the principal works
in his division at least once a year, and submit a report to the
Chief of Engineers upon each inspection. (G. 0. 9, 1901,
and G. 0. 10, 1903, C. of E.,— §§ 108, 115.)

{d) As to the rendition of reports of open-market purchases,
see Par. In, G. O. 4,'C. of E., 1901; Cir. 17, C. of E., 1901;
Cir. 7, C. of E., 1895; and Cir. 29, C. of E., 1904,— §§ 330-383.

{e) The standard blank forms used in army administration,
with the notes and directions thereon, have the force and
effect of Army Regulations. (A. R. 1603.)

(/) Manuscript returns, rolls, certificates, and other docu-
ments are prohibited, when the proper printed forms are on
hand. (A. R. 1604.)

25. Drawings accompanying reports.— Drawings accompany-
ing reports to be transmitted to Congress and printed should be so
prepared that they may be immediately put into the hands of the
engraver or photolithographer. No colors or tints should be used,
but black ink alone. All lines should be firm, decided, and full;
the light and dark parts of the drawing must be produced by lines
of different degrees of width or thickness in ink gf the same shade,
and in no case should the lighter parts be 'made with light ink.
Drawings should be prepared with a view to a reduction of about
one-fifth, and all letters and figures especially should be made large
enough to remain clear and distinct when so reduced. (Cir.,
C. of E., March 22, 1875, republished in Cir. 16, C. of E., 1880.)

LISTS OF REPORTS, ETC., REQUIRED.

26. Annual:

A. 1. Annual report of operations (July 1). E. R. 18.

2. Expenditures from indefinite river and harbor funds
(July 1). Cirs. 12, 1897, and 4, 1898, C. of E.,—
§§ 156, 158.

B. Completed batteries, etc. (Dec. 31). Cirs. 30, 1900,
18, 1903, and 3, 1905, C. of E., and circular letter, C. of E.,
June 11, 1904,— §§ 49-57.

C. Statement of floating plant (July 1.) Cir. 2, 1899, mod-
ified by Cir. 20, 1900, C. of E.,— § 363.

REPORTS AND RETURNS. 29

D. Estimates, operation, and care of canals (before July 1).
Circular letter, C. of E., July 23, 1889,— § 157.

E. Civilian engineers (July 1). E. R. 19.

F. Authority to advertise (July 1). Cir. 2, C. of E., 1902,—
§ 269.

G. Requests for authorities (November 1). Cir. 18, C. of
E., 1904,— §§ 423, 424, 504, 505.

H. Efficiency report (June 30). A. R. 838.

I. Checks outstanding three years (July 1). A. R. 606.

J. Statements of balances in the Trea.sury from river and
harbor appropriations (December 31). Cir. 25, C. of E.,
1903,— § 335.

(Cir. 6, C. of E., 1902, modified to date.)

27. Semiaiiniial:

A. Property returns (March 31 and September 30). Cir. 7,
C. of E., 1904,— §386.

B. Certificate of lost property. A. R. 687, and Cir. 4, 1896,
Cir. 6, 1899, and Cir. 7, 1904, C. of E.,— §§ 371, 372, 377, 386.

C. Reports of telegraph codes on hand. (Par. I, G. O. 84,
W. D., 1904,— § 15.)

(Cir. 6, C. of E., 1902, modified to date.)

28. (Juarterly:

A. Return of employees (December 1, March 1, June 1,
and September 1). Cir. 19, C. of E., 1903,— § 475.

B. Inspection of fortifications (about February 28, May
31, August 31, and November 30). G. O. 23, amended by
Par. II, G. O. 102, W. D., 1905,— § 121.

(Cir. 6, C. of E., 1902, modified to date.)

29. Monthly:

A. Personal reports. A. R. 836.

B. 1. Vouchers. E. R. 23, A. R. 630 et seq.

2. Abstract of disbursements. E. R. 23, A. R. 630 et seq.

3. Accounts current. E. R. 23, A. R. 630 et seq.

4. Open-market purchases. A. R. 552. ,

5. Abstract of property paid for. Cir. 5, C. of E., 1892, —

§382.

30 KEPOKTS AND RETURNS.

6. Changes in the classified service. Cir. 11, 1898, Par.

VI, Cir. 14, 1902, C. of E., and C. S. R. XIII,—
§§ 470-474.

7. Temporary employees. Par. VI, Cir. 14, C. of E.,

1902, and C. S. R. XIII,— §§ 470, 471, 474.

8. Transportation requests. Cir. 15, C. of E. , 1897,— § 209.

C. 1. Report of operations. Cir. 2, 1896, Cir. 6, 1901, and
Cir. 18, 1903, C. of E.,— §§ 38-48.

2. Changes of armament. Cir. 18, C. of E., 1903,— § 41.

D. Estimates of fmids. A. R. 581, and Cir. 3, C. of E.,
1904,— § 337.

E. Statistics of freight. Cir. 4, C. of E., 1902,— § 181.

F. Changes affecting navigation on the Great Lakes. Cir-
cular letters, C. of E., June 4, Sept. 25, Oct. 1 and Oct. 16,
1901, May 28, 1902, and Apr. 22, 1903.

G. Statistics of passengers and freight (to newspapers on
application). Cir. 8, C. of E., 1897,— § 180.

H. Reports of typewriting machines purchased. Cir. 28,
A. G. O., 1901,-§'390Ai.

(Cir. 6, C. of E., 1902, modified to date.)

30. Special:

A. Occupation of, trespass upon, or injury to, public works.
G. 0. 2, 1892, and Cir. 17, 1897, C. of E.,— §§ 176-178.

B. Obstructions to navigation. G. O. 2, 1892, and Cir. 17,
1897, C. of E.,— §§ 176-178.

C. Removal of wrecks, etc. Cir. 3, 1889, and Cirs. 4 and 30,
1905, C. of E.,— §§ 160-162.

D. Completion of supervision of bridges. Letter of
instructions.

E. Receipt of new armament. Cir. 21, C. of E., 1897, —
§ 128.

F. Authority to mount new ordnance. Cir. 22, C. of E.,
1900,— § 137.

G. Installation of motors on carriages for seacoast arma-
ment. Circular letters, C. of E., June 11, 1904,— § 130.

PI. Menaces to navigation and removal of wrecks on the
Great Lakes. Circular letters, C. of E., June 4 and Oct. 16,
1901, and Nov. 20, 1902.

REPORTS AND RETURNS. 31

I. Emergency use of Government property. Cir. 18, C. of
E., 1896,— § 361.

J. Change of station. A. R. 68, 835, and G. 0. 11, C. of E.,
1905,— § 34.

K. Canceled or mutilated checks. A. R. 611.

L. Damaged mail packages. Cir. , C. of E. , Dec. 9, 1 §69, — § 7.

M. Changes in channel location and depth, and removal of
wrecks, etc., for Coast and Geodetic Survey. Cir. 20, C. of E.,
1904,— §§ 182, 184.

N. Outstanding debts (when relieved). A. R. 634.

0. Inspection of engineering works (division engineer).
G. 0. 9, C. of E., 1901,— § 108.

P. Office force and methods (division engineer). G. O. 9,
C. of E., 1901,— § 111.

Q. Absence on leave. A. R. 50, 64.
(Cir. 6, C. of E., 1902, modified to date.)

PERSONAL REPORTS, EFFICIENCY REPORTS. ETC.. OF OFFICERS.

31. Residences to be shown in personal reports.- Officers
of the Corps of Engineers will, on their monthly personal reports
to the Chief of Engineers, rejKjrt their residences, giving the ad-
dresses thereof in such detail as may be necessary to insure the
delivery of telegrams at other than office houi-s. (Cir. 1, C. of E.,
1892.) '

32. Additional information in personal reports.— Officers'
monthly i)ersonal reports to the Chief of Engineers should contain
the following information just before the lists of their duties:

1. Whether the officer is married or not.

2. If married, whether he has any minor children, and if so,
how many.

3. The name and address of the nearest relative or person who
should be notifie^l in case of accident or death.

(G. 0. 10, C. of E., 1905.)

83. By whom to be submitted.— Paragraph 836, Army Regu-
lations, as amended by General Orders, No. 25, War Department,
February 15, 1905, so far as concerns the report to the Chief of

32 REPORTS AND RETURNS.

Engineers, is interpreted to cover the cases of otficers serving with
troops as well as those engaged on strictly staff duties:

836. An officer of a staff corps or department, or an officer
serving therein by detail, will report to The Military Secretary
of the Army and to the head of his corps or department on the
last day of every month, giving his address, a statement of the
duties orf which he has been employed during the month, the
date of his assignment thereto, and the authority by which so
assigned. * * *

(Par. 1, G. 0. 11, C. of E., 1905.)

34. Change of station. — When an officer changes station, the
date of leaving one station and joining the other, and the authority
for the change, will immediately be reported to the Chief of En-
gmeers by the officer concerned. (Par. 2, G. 0. 11, C. of E., 1905. )

35. Absences from Station. — All absences from an officer's
station or 'its immediate vicinity are "on leave" or "on duty,"
and should be noted on personal reports under the heads of
"Date of leaving station," "Date of return to station," and "On
leave or on duty." (Cir. 6, C. of E., 1896.)

36. Efficiency reports. — Efficiency reports will be made on
June 30 of each year and forwarded to The Military Secretary of
the Army through intermediate commanders, who will indorse
thereon such remarks as may be proper in each case:

•K- * * * * * *

2. By the chief of each staff department or corps and each staff
bureau respecting each officer of his department, corps, or bureau
not otherwise reported on.

* -Jt * * ^t -X- -Sf

4. By each officer of the Corps of Engineers serving as division
engineer respecting each officer in charge of an engineering dis-
trict within his division; and by each district officer respecting
each officer on duty under his orders.

* * * * * * -x-

(A. R. 838.)

37. Citations and cross references:

(a) For general provisions regarding personal and efficiency
reports, see A. R. 832-842,— Pars. 833 and 836 amended by
G. 0. 25, W. D., 1905.

(6) As to the meaning of the term "station," see Cir. 6,
C. of E., 1896,— § 516.

REPORTS AND RETURNS. 83

MONTHLY REPORTS OF OPERATIONS.

38. General provisions.— Monthly reports of operations should
be so prepared as to give full and specific information regarding
each work, and should contain all items relating to the progress
of the work desirable for incorporation in the annual report.
(Cir. 2, C. of E., 1896.)

39. Fortifleation works: Form to be used.— The following
form, with such modifications as any particular work may require,
will be used for works of fortification:

Report of operations for the month of , 19...,

FOR

(Give title of appropriation and name of harbor or fort. )

List of allotments.

(See §40, below.)

* Money statement.

Amount expended on present project to end of last

fiscal year $

Balance unexpended at end of fiscal year $

Amount expended from end of last fiscal year to

end of previous month $

Amount expended during the month $

Balance unexi)ended at end of month $

In Treasury United States $

In hand $

t Outstanding liabilities at end of
month $

J Amount covered by existing con-^
tracts at end of month $

Balance available at end of month I

Progress of the work.

(Here state briefly for each allotment what has been accom-
plished, the relation of the work done to the whole work author-

* Funds from appropriations of different titles will not be included in one
statement.

t " Outstanding liabilities " should include amounts due for labor performed,
for contracts completed, and for materials or land purchased.

t "Amount covered by existing contracts" ha.s reference to incomplete
formal contracts, and this should be estimated, if it can not be ascertained
accurately. Probable engineering or contingent expenses attending the com-
pletion of the contracts will not be included.
24390—06 3

34 REPORTS AND RETURNS.

ized, and its present condition, which, in case of construction 6i
modern emplacements, should show the progress of each emplace-
ment and its platform toward completion, the guns, mortars, and
carriages received, and whether mounted or not. If work is being
carried on by contract, give the names of the contractors, dates of
contracts and of their approval, and time of commencement and
completion. State when the work was inspected last by the
Engineer officer in charge.)

Operations during the month of , 19...

(A separate statement will be given for each allotment. Give
a summary of the amount and character of the work done during
the month, the results accomplished, and the nature and quantity
of materials received.)

Probuble operations for next month.

(To follow report of operations during month. A brief state-
ment of the work proposed to be performed during the month
next succeeding. )

(Pars. I and II, Cir. 2, C. of E., 1896, modified to date. )

40. Fortification works: Additional instructions. — Only one
money statement for each harbor will be submitted for each of
the following appropriations: "Search lights for Harbor Defenses,"
''Preservation and Repair of Fortifications," "Supplies for Sea
Coast Defenses," "Sea Walls and Embankments," "Casemates,
Galleries, etc., for Submarine Mines," and "Torpedoes for Har-
bor Defense." For each of the following appropriations only one
money statement for each fort will be submitted : ' * Gun and Mortar
Batteries " (for battery construction ) , '.' Gun and Mortar Batteries ' '
(for installation of range and position finders), "Fire Control
at Fortifications," and "Sites for Fortifications and Seacoast
Defenses." Similar consolidations of allotments will be made in
the duplicate accounts current of future money accounts. Further
consolidations than herein authorized must not be made.

All reports of operations upon fortifications will contain, imme-
diately preceding the money statement, a list of all allotments
accounted for therein, the list to show, for each allotment, its date,
the act from which made, the purpose for which made, and the
amount allotted. If the work under any allotment has been com-
pleted, a simple statement to that effect should be made under
the heading, "Progress of the work;" if no work was done during

REPORTS AND REITJRNS. 35

the month that fact should be stated and the reasons given there-
for. In any case the exact condition of the work under each
allotment included in the money statement must be clearly shown
in each monthly report. The headings "Progress of the work,"
"Operations during the month," and "Probable operations for
next month," will be used as provided in § 39. When any work
has been completed and the funds allotted therefor expended, the
allotments should still be carried in the list of allotments and in
the money statement to the end of the fiscal year, and the final
monthly report for the fiscal year should contain a statement of
the allotments exhausted; thereafter these allotments will be
dropped from the list of allotments and the money statement, and
reports thereunder discontinued.

(Pars. 3 and 4, Cir. 18, C. of E., 1903, modified by G. O. 2,
C. of E., 1906.)

41. Fortification works: Armament.— In each district all
changes in annament which are sufhciently important to affect the
fighting efficiency of the defense should be reported monthly on
one report for the district, and not under each battery. In these
monthly reports of changes in armament the emplacement num-
bers, as well as the gun numbers and carriage numbers, should
always be stated. (Par. 2, Cir. 18, C. of E., 1903.)

(a ) CroHs reference: The condition of new armament, whether
mounted or not, to be reported in the monthly reports of opera-
tions by all engineer officers responsible for such armament.
(Cir. 21, C. of E., 1897, — § 128.)

42. River and harbor works: Form to be used. — The follow-
ing form will be followed in reports of operations for works of
river and harbor improvement:

Report of operations for month of ,

FOR improving

(Give title of work as nearly as practicable in the words of the
appropriation. )

Present project, adopted , 19...

( A brief statement of the whole work, proposed and approved,
the general object of the improvement, and the statement of cost. )

36 REPORTS AND RETURNS.

Statement of condition of appropriation or allotment.

Amount expended on previous projects $

Amount expended on present project to end of last

fiscal year $

Balance unexpended at end of last fiscal year $

Amount expended from beginning of present fiscal

year to end of previous month $

Amount expended during the month $

Balance unexpended at end of month $

In Treasury United States $

In hand I

*Outstanding liabilities at end of
month $

tAmount covered by existing con-
tracts at end of month %

Balance available at end of month $

Approved project for expenditure of available funds.

(Statement of any special objects to which the present available
funds are to be devoted. )

Progress of the ivork.

(Here give summary of the condition of the work at the time
of the adoption of the present project, and state briefly what has
been accomplished, the relation of the work done to the whole
project, and its present condition with respect to the object aimed
at by the whole improvement. If the work is being carried on
by contract, give the name of the contractor, date of contract and
of its approval, and time of commencement and completion.
State when the work was inspected last by the engineer officer in
charge. )

Operations during the month of , 19...

(Give a summary of the amount and character of the work
done during the month and the results accomplished. )

* " Outstanding liabilities" should include amounts due for labor performed,
for contracts completed, and for materials or land purchased.

t " Amount covered by existing contracts " has reference to incomplete formal
contracts, and this should be estimated, if it can not be ascertained accurately.
Probable engineering or contingent expenses, attending the completion of the
contracts will not be included.

REPORTS AND RETURNS. 37

Probable operations for next month.

(A brief statement of the work proposed to be performed during
the month next succeeding.)

(Sec. Ill, Cir. 2, O. C. E., 1896.)

REPORTS OF OPERATIONS. MONTHLY AND ANNUAL.

43. When project is completed. — If a project is completed
and no estimates for further appropriations are to be submitted,
either for additional work or for maintenance, and the balance, if
any, remaining on hand can not be properly expended for con-
tingent or office expenses, such balances should be deposited in
the United States Treasury to the credit of the appropriation. A
final report should be submitted in the next following annual
report and the work thereafter dropped. A brief final monthly
report should also be submitted, with a detailed statement of out-
standing liabilities, if any.

If no work is proposed in advance of further appropriation, and
the balance on hand, if any, can not be proj>erly used for office or
contingent expenses, such balance should be deposited in the
United States Treasury to the credit of the appropriation.

(Cir. 6, C. of E., 1901.)

44. When funds are exhausted.— If no money is on hand and

no work is proposed in advance of further appropriation, there
should be substituted for the usual monthly report and money
statement under the proper title of appropriation a simple state-
ment that no work was done during the month, no money being
available, and a reference made to the last full report of opera-
tions. If there are a numlier of such works, they may be reported
on a single sheet as follows:

At following localities no work was done, no money being
available —

Improving harbor at . See report dated .

Improving River. See report dated .

(Cir. 6, C. of E., 1901.)

45. When no work done.— If no work is done or expenditures
made during any month, even if money is available, such a report

38 REPORTS AND RETURNS.

as is referred to in paragraph next above, with proper modifica-
tions, may be substituted for the required monthly report if labor
is thereby saved. (Cir. 6, C. of E., 1901.)

46. Object of expenditures to be stated.— If expenditures are
made, the object of such expenditures should be stated in opera-
tions of the month even if no work is done. (Cir. 6, C. of E.,
1901.)

47. Drawings accompanying annual reports. — Illustrations
to accompany annual reports should be limited in number and con-
fined to those that are directly related to the text and necessary
to its clear understanding. To enable the Public Printer to pro-
duce the best results they will be sent in their original form.
Maps, plans, and drawings, intended to be lithographed, must be
on tracing linen or drawing paper, photographs must be the best
possible prints from the negatives, and no photo-engraving or
lithographic work will be ordered without special authority of the
Secretary of War. (G. O. 89, A. G. O., 1901.)

48. Citations and cross references:

(a) The Chief of Engineers to present to the Secretary of
War, on or before the 15th day of October in each year, a re-
port of the operations of the Engineer Department for the year
ending on the 30th day of June preceding. (E. R. 2.)

(?>) Annual reports to be submitted in duplicate. (G. O. 6,
modified by G. O. 10, C. of E., 1889,— § 23.)

(c) No modification of the approved project for a work, or
increased estimate for the completion of the project, to be in-
cluded in an ofiEicer's annual report before the modified project
or estimate has been submitted in a special report and has
been duly approved. (G. 0. 7, C. of E., 1891,— § 153.)

(d) As to furnishing an itemized statement of expenses of
operating canals and preserving certain channels, required by
law to accompany the annual report of the Chief of Engineers,
see Cir. 4, C. of E., 1898,— § 156.

(e) Copies of all annual and monthly reports of operations
to be furnished by all district officers to the respective Divi-
sion Engineers. (G. 0. 10, C. of E., 1903,— § 115.)

REPORTS AND RETURNS.

(f) Copies of monthly leporta of operations upon fortifica-
tions to be furnished to the Chief Engineer Officers of MiH-
tary Divisions. (Cir. 17, C. of E., 1905,— § 58.)

{g) Balances of appropriations held for repairs, etc., not to
be charged with a greater percentage of contingent expenses
than the actual work in connection with such balances justi-
fies. (Cir. 17, C. of E., 1898— § 512.)

REPORTS OF COMPLETED BATTERIES, ETC.

49. Form of report. — Officers in charge of fortification work
will report annually, at the close of each calendar year, on the
old works and on all completed modern batteries, range-finding
stations, torpedo-defense structures, etc., which have been trans-
ferred to the artillery in their districts, using the appended con-
densed form.

For works completed before 1890 the data contained in the first two
columns and the column of remarks only are required.

Report of completed batteries^ etc.

For December 31, 190. . .
District in the charge of , Corps of Engineers.

Name of harbor.

Name and arma-
ment of battery.

Date when

turned over to

artillery.

Total

cost to

that

date.

Remarks.

(Cir. 30, C. of E., 1900, modified by Cir. 18, C. of E., 1903.)

40 REPORTS AND RETURNS.

50. Batteries. — For all works the armament will be stated in
the second column, showing the number and caliber of guns on
hand, and whether mounted or not. In the column of remarks
the general condition of old works will be tersely stated. In
modern batteries the facts as to the wetness or dryness of maga-
zines and whether an electric plant is installed or not, and, if so,
its condition, will be given in this column. All reports of com-
pleted batteries will show the official name of each battery, and
the individual number and name of the manufacturer of the gun
or mortar and carriage mounted on each platform in modern
works of defense, the gun and mortar platforms and mortar pits
being designated in the manner prescribed in Par. II, G. 0. 51,
W. D., 1906,— § 118. (Cirs. 30, 1900, and 18, 1903, C. of E.)

61. Motors on carriages. — The reports should contain infor-
mation as to what carriages have been equipped with motors for
retracting, traversing, elevating, or depressing. (Circular letters,
C. of E., June 11, 1904.)

52. Range-flndiiig stations.— The reports will also show, in
the column of remarks, for each completed range-finding station,
the reference of the site of the station and the reference of the axis
of the instrument when mounted, with respect to mean low water;
the number of rooms and the inside dimensions of each; and the
character of the structure, whether of steel, concrete, or wood,
and whether at a distance of four miles it is conspicuous or not
when viewed from the usual channels of approach. (Cir. 18,
C. of E., 1903.)

53. Electric plants.— Each electric plant which has been trans-
ferred to the Artillery will be entered as a separate item in the
report of completed batteries, etc., and the following information
will be given for each plant:

a. The location of the plant.

b. A description of the boilers, if any, including names of
makers, actual horsepowers, approximate dates of purchases,
types, etc.

c. A description of the engines, including names of makers, -
actual horsepowers, approximate dates of purchases, whether
oil or steam, types, etc.

REPORTS AND RETURNS. 41

d. A description of the generators, including names of makers,
approximate dates of purchases, voltages and kilowattages,
whether currents are direct or alternating, etc.

e. A description of transformers, if any.

/. A description of storage batteries, if any, including names of
makers, approximate dates of purchases, numbers and types of
cells, the purposes for which the currents from the storage batter-
ies are used, etc.

g. All purposes for which the current supplied by each inde-
pendent plant is used, including a statement of exactly what em-
placements, if any, are lighted therefrom; whether additional cur-
rent is used in the emplacements for furnishing power for the
ammunition service or for maneuvering the guns, and if so, to what
extent; whether the plant is used for post lighting, and if so, to
what extent; and the number and diameters of searchlights oper-
ated from the plant.

h. Kilowattage required for inside and outside illumination 9f
defensive works; for motors; for searchlights; for telautographs,
stated separately; also kilowattage required for post lighting.
• i. Statement whether or not each power house and plant has
been so designed as to permit the installation of parallel units, to
meet future demands.

j. The total cost of each plant.

k. The date of it« transfer to the Artillery.

(Cir. 3, C. of E., 1905.)

64. Searchlights. — Each searchlight projector, for whatever
purpose it may be used, should be entered as a separate item in
the report of completed batteries, etc., and for each projector in-
formation should be furnished as to its diameter; its maker; the
approximate date of its purchase, or, if this is not known, the date
of its receipt in the district and from whom received; whether
projector is electrically controlled or hand controlled; which plant
of those described supplies current for its operation; whether the
projector and plant are fixed or are capable of being moved, and
if movable, the degree of mobility; if the projector is fixed, where
it is installed; the Department to which returns for each light are
submitted; the cost of the projector, if known; and whether it has
been transferred by the Engineers to the Artillery, and if so, the
date of transfer. (Cir. 3, C. of E., 1905.)

42 REPORTS AND RETURNS.

55. Reports to be typewritten.— No forms for these reports
will be printed, but they will be typewritten, as required by the
Chief of Staff. (Cir. 18,'c. of E., 1903.)

56. Scope of reports. — The above provisions apply only to

defensive works completed before 1890 and. to those turned over to the
artillery since 1890. (Cir. 30, C. of E., 1900, modified to date.)

57. Additional pages when transfers are made to troops. —

Whenever during the year a new battery or other defensive unit
is completed or transferred to the troops for use and care, an addi-
tional page of the same size of paper as the original report, and, as
far as the new battery is concerned, containing all the data called
for by this order, will be promptly submitted to the Chief of Engi-
neers. (Cir. 18, C. of E., 1903.)"

COPIES OF REPORTS FOR CERTAIN OFFICERS.

58. Reports of operations and of completed batteries.—

The reports of completed batteries, and all sheets supplementary
thereto, directed by Circular No. 30, Office of the Chief of En-
gineers, October 12, 1900, and modified by subsequent circulars,
(§§ 49-57) will hereafter be made in triplicate, one copy to be sub-
mitted by the District Engineer Officer to the Chief of Engineers,
one copy to the Division Engineer, and one copy to the Chief En-
gineer Officer of the Military Division in which the work is located.
To the latter officer District Engineer Officers having fortifications
in their charge will also mail monthly a complete set of all their
monthly reports of operations affecting fortifications. (Cir. 17,
C. ofE., 1905.)

(a) Cross reference: Copies of all annual and monthl}^ reports

to be filed with the respective Division Engineers. (G. 0. 10,

C.of E.,1903,— § 115.)

chaptp:r hi.
RECORDS.

69. Records to be kept in District Offices.— The following
permanent records shall be kept in each Engineer OflEice in which
are disbursed funds under the control of the Chief of Engineers :

1. Finance. In sufficient detail to show at any time the exact
state of the publi'c funds pertaining to each allotment or appropri-
ation, and the expenditures made therefrom, and the liabilities
incurred thereunder.

2. Employment. In sufficient detail to permit at any time the
preparation or verification of the pay rolls pertaining to each allot-
ment or appropriation.

3. Supervision. A daily journal of each season's operations to be
kept by each employee in charge of independent work, to be
turned in from time to time to form part of the permanent office
records, and such other records and reports as will enable the
Engineer Officer in charge to have at all times a thorough knowl-
edge of the details of the work and to properly supervise it.

4. Correspondence. Copies of letters sent, suflticiently indexed ;
letters received or copies thereof, when necessary, sufficiently
indexed.

5. CHvil service. Such records as are required by the Engineer
Department and the rules of the Civil Service Commission.

6. Indexes. Sufficiently in detail for the records of the office.

7. Indexes. Sufficiently in detail for the map files of the office.

8. Property. In sufficient detail to show the source, date of
receipt, distribution, responsibility, and disposal of all property
for which the officer is responsible.

44 RECORDS.

9. Such other records as may be necessary for the proper, effi-
cient, and economical prosecution of the work, keeping in mind
the provisions of Circular No. 34, Office of the Chief of Engineers,
1900. (See §61.)

(Cir. 7, C. of E., 1902.)

60. Changes in systems of records. — No radical changes will
be made in the methods of keeping accounts and of recording and
indexing correspondence in District Offices without the prior
authority of the Chief of Engineers.

This is not intended to discourage the making of such changes
when desirable, but to insure that changes when made shall be
along lines that will lead to greater uniformity in office methods.

(Cir. 2, C. of E., 1906.)

61. Personal and office records.— All official communications
received at District Offices upon any subject pertaining to the work
of the district are to be considered as a part of the office records
and are to be retained on the files of the office unless it is required
by some law or regulation that the papers be attached to vouchers
for payments or that some other disposition be made of them.

Such official records are not to be considered as a part of an
officer's retained papers, except such as are by law or regulation
required to be attached to retained vouchers. Neither is it con-
sidered necessary or proper that copies of such papers, except in
some special case, should be made by office forces for the retained
files of an officer. Many such papers may contain the authority
for certain action, but that such papers are a part of an office
record is considered proper official protection.

(Cir. 34, C. of E., 1900.)

62. Comptroller's decisions. — Volumes of Decisions of the
Comptroller of the Treasury are forwarded for office use, and
should be turned over by officers to whom they have been fur-
nished to their successors upon change of station or surrender of
office. (Cir. 2, C. of E., 1901.)

63. Croyernment publications generally. — Government pub-
lications furnished to officers of the United States for their official
use shall not become the property of these officers, but on the ex-

RECORDS. 45

piration of their" official term shall be delivered by them to their
successors in otfice. (Sec. 74, act of Jan. 12, 1895; 28 Stats., 620,
or 2 Sup. R. S.,360.)

64. Ecoiidmy of clerical work.— Much clerical work can be
avoided by reducing and simplifying methods, office reports,
blanks, systems of briefing, indexing, references, etc. Systems
more elaborate and detailed than is required by law or regulation
should be avoided.

It is desirable to have office records sufficiently complete to per-
mit a ready reference to any matter of importance, but in all offices
there is found a large mass of correspondence and jjapfers, of which
the indexing and filing with the same detail that is applied to
papers of importance is labor wasted.
(Cir. 34, C. of E., 1900.)

(a) Cross reference: Rigid economy to be exercised as to
number of employees, office expenses, transportation, etc.
(G. O. 1., C. of E., 1869,— § 510.)

65. Copies for certiflcation by War Department.— In pre-
paring copies [of records and papers] for the seal of the [War]
Department care must be taken that no words are inserted in the
copy which are not contained in the original. The word "signed "
before a signature, and the words **a true copy" or "official
copy," etc., with signature, sometimes placed on copies of original
papers, should be omitted, as they are evidently not contained in
the original. The indorsement on the paper inclosing the copy
should show that it is a true copy, or a statement may be pinned
to the copy certifying to that fact.

In this connection attention is invited to the decision of the
Department published in circular from this office of September
20, 1870, as follows:

"It is not deemed proper to intrust attested transcripts of the
public records to private persons for use in controversies in which
the United States has no real interest, except upon the certificate
of the tribunals before which such controversies are to be decided
that such transcripts of the public records are deemed essential to
the ends of justice."

(W. D. Cir., Jan. 15, 1886, published by Cir. 3, C. of E., 1886.)

46 RECORDS.

66. Authentication by impressed stamp. — Copies of any rec-
ords or papers in the War Department or any of its bureaus, if
authenticated by the impressed stamp of the bureau or office hav-
ing custody of the originals {e. g., "Adjutant Gen.erars Office,
Official Copy"), maybe admitted in evidence equally with the
originals thereof before any court-martial, court of inquiry, or in
any administrative matter under the War Department. (Par. II,
G. 0. 91, A. G. O., 1900.)

67. Citations and cross references:

(a) For general provisions regarding military records, see
A. R. 827-831.

(c) When an officer is relieved from duty on any work he
will, unless otherwise ordered, turn over the books and papers
pertaining thereto to his successor. (E. R. 31.)

{d) The Division Engineer to exercise supervision over the
office methods in each district in his division. (G. O. 9,
C. of E., 1901,— § 111.)

(e) The division engineer may call upon any district officer
in his division for necessary data, reports, etc., from the files
of the district office; unnecessary duplication of records, how-
ever, to be avoided. (G. O. 9, C. of E., 1901,— § 110.)

(^) Hectograph impressions not to be used in the prepara-
tion of contracts or other papers where permanence is desired.
(Cir. 12, C. of E., 1887,— § 293.)

CHAPTER IV.

ENGINEER BOARDS AND DIVISION ENGINEERS.

REPORTS OF BOARDS.

68. Separate reports by individual meiiibers.— When the

report of a Board of P^ngineers is signed by all the members, no
individual member will submit an additional report, but when a
member of a board can not sign the report of the Board he may
submit his views in a minority report; it should, however, be
remembered that questions are submitted to boards for consider-
ation, discussion, and determination, and that minority reports
are not to be encouraged. (G. O. 4, C. of E., 1892.)

THE BOARD OF ENGINEERS.

69. Division and district eng^ineers to be associated
with. — Whenever the defense or improvement of any particular
locality or other work is under consideration by The Board of En-
gineers, the corresponding division engineer ordistrict engineer, or
both, may be associated with the Board as a member, or as mem-
bers thereof, if in the opinion of the Chief of Engineers this can
be done consistently with their other duties. (G. O. 6, C. of E.,
1893.)

(o) Citation: For general provisions regarding The Board of
Engineers, see E. R. 10-16.

INSTRUCTIONS FOR BOARDS OF PROMOTION.

70. Selection and composition.— The examination of all offi-
cers of the Corps of Engineers below the grade of major shall be
conducted by boards selected in accordance with the act of Con-

48 ENGINEER BOARDS AND DIVISION ENGINEERS.

gress approved October 1, 1890 (26 Stats., 562), published in Gen-
eral Orders, No. 116, 1890, Adjutant-General's Office, and com-
posed of five members, two of whom shall be medical oflficers, and
three shall, if practicable, be oflScers of the same corps or depart-
ment as the oflBcer to be examined and senior to him in rank.
The junior member of the board, exclusive of medical officers,
shall act as recorder. (G. O. 81, W. D., 1904.)

71. Org'aiiization. — The organization of boards shall conform
to that of retiring boards, the recorder swearing the several mem-
bers, including the medical officers, faithfully and impartially to
examine and report upon the officer about to be examined, and
the president of the board then swearing the recorder to the faith-
ful performance of his duty. Proceedings shall be made separately
in each case. (G. 0. 81, W. D., 1904.)

72. Challenges. — Previous to the swearing of the board, mem-
bers thereof may be challenged for cause stated to the board, the
relevancy and validity of which shall be determined by the full
board, according to procedure of courts-martial in like cases. The
record shall show that the right to challenge was accorded. If
the number of members is reduced by challenge or otherwise, the
board shall adjourn, and report the facts to The Military Secre-
tary, through the president of the board, for the action of the War
Department. (G. O. 81, W. D., 1904.)

73. Reexamination: Members of prior board not to serve. —

When an officer has been suspended from promotion for one year
on account of failure in his professional examination, no officer of
his branch of the service who served upon the board which found
him deficient shall be a member of the board which reexamines
such officer, provided the reexamining board can be so constituted
without manifest injury to the service. (G. O. 81, W. D., 1904.)

74. Medical officers on boards.— Medical officers shall not
take part in the professional examination except in the cases of
assistant surgeons. They shall make the necessary physical exam-
ination of all officers, and shall report their opinion in writing to
the board. All questions relating to the physical condition of an
officer shall be determined by the full board. (G. 0. 81, W. D.,
1904.)

ENGINEER BOARDS AND DIVISION ENGINEERS. 49

75. Evidence. — If anything should arise during the examina-
tion requiring the introduction of evidence, the inquiry shall pro-
ceed upon written interrogatories as far aa possible, the board
determining to whom questions shall be forwarded. When, in
the opinion of the board, it becomes essential to take oral testi-
mony the facts should be reported to the War Department for the
necessary orders in regard to witnesses to be summoned from a
distance. Witnesses examined orally shall be sworn by the
recorder. (G. O. 81, W. D., 1904.)

70. Officer examined to be present. — All public proceedings
shall be in the presence of the officer under examination. (G. O.

81,W. D.,1904.)

77. Statement of finding. — Whenever the board finds an offi-
cer disqualified for promotion from any cause the record shall
contain a full statement of the case.

The finding of the board shall be stated according to circum-
stances as indicated below:

The board is of the opinion that has the phys-
ical, moral, general efficiency, and professional qualifications to
perform efficiently the duties of the grade to which he will next
be eligible, and does therefore recommend his promotion thereto;
or, has the but has not the qualifica-
tions to perform efficiently the duties of the grade to which he
will next be eligible, and does not, therefore, recommend his pro-
motion thereto; or, is physically incapacitated for service. His

disability is due to and was contracted in

line of duty. (G. 0. 81, W. D., 1904.)

78. Authentication of record.— The record in each case where
an officer is found physically disqualified shall be authenticated
by all the members, including medical officers, and the recorder.
In all other cases the medical officers will not be required to sign
the proceedings. If any member dissents from the opinion of the
board, it will be so stated. (G. O. 81, W. D., 1904.)

79. Findings to be confidential.— The conclusions reached
and the recommendations entered in each case shall be regarded
as confidential. (G. O. 81, W. D., 1904.)

24390—06 i

50 ENOINEER BOARDS AND DIVISION ENGINEERS.

80. Preparation and transmission of report. — The proceed-
ings of examining boards shall be made up according to forms
furnished by the War Department, and shall be forwarded to The
Military Secretary, War Department, for final action of the Secre-
tary of War. (G. 0. 81, W. D., 1904.)

81. Order of examination. — The examination of an officer for
promotion shall be conducted in the following order: First, as to
physical; second, as to moral; third, as to general efficiency;
fourth, as to professional qualifications; and the record of the final
opinion of the board as to the fitness or unfitness of an officer for
promotion shall show which of the above qualifications he does,
and which he does not, possess. (G. O. 81, W. D., 1904.)

82. Physical examination. — Before proceeding with the phys-
ical examination, the officer about to be examined shall be
required to submit, for the information of the board, a certificate
as to his physical condition. In event of no cause for disqualifi-
cation existing, the certificate shall take the following form:

"I certify, to the best of my knowledge and belief, I am not
affected with any form of disease or disability which will interfere
with the performance of the duties of the grade for promotion to
which I am undergoing examination."

The physical examination will be thorough, and shall include
the ordinary analysis of the urine.

Defects of vision, resulting from errors of refraction, that are
not excessive, and that may be entirely corrected by glasses, do
not disqualify, unless they are due to or are accompanied by
organic disease.

When the board finds an officer physically incapacitated for
service, it shall conclude the examination by finding and report-
ing the cause which, in its judgment, has produced his disability,
and whether such disability was contracted in the line of duty.
(G. 0. 81, W. D., 1904.)

83. Retirement of officer pliysically incapacitated.— Any

officer reported by a retiring board as incapacitated by reason of
physical disability, the result of an incident of service, shall, if
the proceedings of said board are approved by the President, be
regarded as physically unfit for promotion within the meaning

ENGINEER BOARDS AND DIVISION ENGINEERS. 51

of section 3 of the act of October 1, 1890, and shall be retired
with the rank to which his seniority entitles him whenever a
vacancy occurs that otherwise would result in his promotion on
the active list: Provided, That before the occurrence of such va-
cancy he shall not have been placed on the retired list. (G. O. 81,
W. D., 1904.)

84. Moral fitness for promotion. — Examining boards should
fully satisfy themselves with reference to this point, making care-
ful inquiry in all cases of doubt. To this end company com-
manders will report in writing to commanding officers any facts
relating to lieutenants which in their opinion indicate moral un-
fitness to perform the duties of an officer. Commanding officers
shall, when any officer of their command is ordered for examina-
tion for promotion, at once report in writing to the president of
the examining board any facts in their knowledge relating to such
officer's moral disqualifications, at the same time furnishing a
copy of said report to the officer concerned. These reports will be
thoroughly inquired into and given due weight by examining
boards in determining upon an officer's fitness for promotion. In
the absence of any detrimental reports from commanding officers,
from the records of The Military Secretary's Office, or other
reputable and authentic sources, all officers shall be presumed to
be of good character, and no testimonials or letters to that effect
will be required, submitted, or attached to the proceedings of
examining boards. (G. O. 81, W. D., 1904.)

85. Fitness as regards general efficiency.— The use an offi-
cer has made of his opportunities in the past, his ability to apply
practically his professional knowledge, and his general trustwor-
thiness in the performance of his official duties, will be taken
under consideration. To this end, whenever an officer is ordered
for examination for promotion, the commanding officer under
whom he is serving shall, without further instructions, furnish to
the examining board, in writing, a concise statement of the use
the officer has made of his opportunities for perfecting himself in
his professional duties and of his appreciation of his responsibili-
ties as an officer. In case the statement contains facts showing
any disqualifications or failure on the part of an officer in these

52 ENGINEER BOARDS AND DIVISION ENGINEERS.

respects, a copy of the statement shall be furnished to the officer
concerned at the time it is made. In the absence of evidence to
the contrary from authoritative sources, an officer's fitness as to
general efficiency shall be assumed. (G. O. 81, W. D., 1904.)

86. Professional qnaliflcations: Method of examination.—

Examinations in all professional subjects shall be oral and practi-
cal, with the exception hereinafter mentioned. (G. 0. 81, W. D.,
1904. )

87. Written examination: Where officer can not he
present. — If, owing to the exigencies of the service, it is imprac-
ticable for an officer to appear before an examining board, his
professional examination shall be conducted in writing alone, in
the presence of an officer to be selected by his commanding offi-
cer, or such other officer as may be designated by the convening
authority. Examining boards shall in such cases prepare ques-
tions and forward them to the commanding officer of the officer
to be examined or to the designated officer, with instructions to
have the questions answered in the manner above indicated, the
medical examination having been first conducted by two medical
officers especially designated for this purpose. The results of the
examinations shall be forwarded by registered mail to the presi-
dent of the board. (G. 0. 81, W. D., 1904.)

88. Written examination: When oral examination is
nnsatisfactory. — Whenever the oral examination of any officer
is unsatisfactory in any subject the board shall at once proceed
with a written examination in that subject, and in case the officer
is not found proficient, the questions and answers shall be attached
to the proceedings. The examination shall be sufficiently com-
prehensive in scope to properly test the officer's knowledge of the
whole subject. (G. O. 81, W. D., 1904.)

89. Written examination: Manner of conducting. — Written
examinations may be conducted in the presence of one member
of the board, or the recorder, for which purpose the board may
be divided into committees, before whom the examination shall
be conducted from day to day until completed; after which the
board shall reassemble to consider its findings.

ENGINEER BOARDS AND DIVISION ENGINEERS. 53

Papers should be so given out that everything in the hands of
the officer being examined may be answered before a recess or
adjournment. A statement showing that such was the procedure
during the written examinations shall be embodied in the record.

(G. O. 81, W. D., 1904.)

90. Oral and practical examinations. — During oral and
practical examinations all the members, excepting the medical
officers, shall be present.

Where blackboard or other illustrations will facilitate the oral
and practical examinations their use is authorized. Examina-
tions will l)e conducted in a sufficiently exhaustive manner to de-
termine not only that the subject is thoroughly comprehended,
but the degree of proficiency of the officer l>eing examined, and
until the board is positively satisfied as to his ability to impart
instruction in the various subjects. *

(G. O. 81, W. D., 1904.)

91. Practical examination. — In case of unpropitious weather,
practical exercises may be postponed from day to day, but never
omitted or materially curtailed.

In case of failure in the practical examination in any subject,
the board will at once proceed with a second practical examination
of sufficient scope to properly test the officer's efficiency. If suc-
ces.sful upon reexamination, the record shall show that he had
two practical examinations. In case of failure, an outline of the
exercises given and the percentages attained in both practical
examinations will be attached to the record.

Commanding officers of posts at or in the vicinity of which
boards may be appointed to meet shall, without further instruc-
tions, furnish, upon request, such available troops and material aa
may be required by boards in the execution of their duties.

(G. O. 81, W. D., 1904.)

92. (Juestions furnished by The Military Secretary.— To

secure some degree of uniformity of examination of line officers,
boards will be furnished by The Military Secretary with lists of
questions, with values attached. Boards will not, however, be
confined to the questions contained in these lists, but are author-
ized to ask any questions, selected from the publications recom-

54 ENGINEER BOARDS AND DIVISION ENGINEERS.

mended herein for study, deemed necessary (luring the progress
of the oral, written, or practical examinations.

The numerous questions embraced in each list, together with
such original questions as may be formulated by the board, admit
of considerable variation, and make it possible to arrange exami-
nations radically different as regards particular questions, but essen-
tially the same in repect to scope and character. It is desirable
that the questions be selected indiscriminately in each case, to the
end that each officer undergoing examination may have a differ-
ent arrangement of questions, even when simultaneous examina-
tions of a similar character are being conducted.

(G. O. 81, W. D., 1904.)

93. Publications recommended for special study.— For the

present questions furnished by The Military Secretary for the use
of examining boards will be prepared from Army Regulations,
Drill Regulations, Firing Regulations for Small-Arms, General
Orders, Circulars, and the following publications:

Abridgment of Military Law — Winthrop.

Horses, Saddles, and Bridles— Carter.

Manual of Field Engineering — Beach.

Military Topography and Sketching — Root.

Organization and Tactics — Wagner.

The Service of Security and Information — Wagner.

Military Hygiene — Woodhull.

International Law — Davis.

Under these conditions they are recommended for special study
by officers preparing for examination for promotion.

(G. O. 81, W. D., 1904.)

94. Numerical values of questions.— In the oral and practical
examinations the examining board shall give a numerical value
to each head under which questions are asked or exercises given.
In written examinations the board shall give a numerical value (to
be previously entered on the margin) to each question, and in
like manner shall subsequently enter the estimated value to each
answer. In all cases, for convenience in calculating percentages,
these values must be such as to aggregate 100 or some multiple
thereof in each oral, written, or practical examination in each
subject. (G. 0. 81, W. D., 1904.)

ENGINEER BOARDS AND DIYISION ENGINEERS. 55

05. Percentage in each examination to be reported. —

Where both oral (or written) and practical examinations are re-
quired in the same subject the board shall report the percentages
attained in each. No officer shall be passed who fails to obtain
75 per cent in each oral and in each practical examination in each
subject; or, in case of reexamination, in the written or the second
practical examination. (G. O. 81, W, D., 1904.)

06. Snbjects. — The subjects upon which engineer officers may
be examined to determine their mental fitness for promotion are
as follows:

1. Seacoast defenses, including submarine mines.

2. Field and permanent fortifications, siege operations, and
military mines.

3. Ordnance and gunnery, including guns, carriages, armor,
and explosives.

4. Military bridges.

5. Practical electricity.

6. Duties of engineer officers and troops in war.

7. Art of war.

8. Military administration.

9. Hydrographic, topographic, and geodetic surveys.

10. Mechanics of engineering.

11. Construction, including foundations and building materials.

12. Improvement of rivers and harbors and construction of
canals.

13. Light-houses and other aids to navigation, including loca-
tion, character, and construction.

14. Military law.

15. Minor tactics.

(G. O. 81, VV. D., 1904.)

07. * * *

08. Character and extent.— The character and extent of the
examination in each subject will depend upon the length of the
service and special experience of the candidate for promotion. For
promotion to a first lieutenancy, an oflScer should know at least
as much on these subjects as he has had an opportunity of learn-
ing at the United States Military Academy or service schools; for
promotion to a captaincy, his knowledge should have been con-

56 ENGINEER BOARDS AND DIVISION ENGINEERS.

siderably extended by professional reading and practical experi-
ence; and for promotion to a majority, he should have a general
knowledge of all subjects connected with the various duties with
which the corps is charged. (G. 0. 81, W. D., 1904.)

99. Practical experienceof officer examined.— In examining

an officer who has had practical experience, examining boards w ill
give special attention to the character and quality of the officer's
services and his knowledge within the field of the duties which he
has performed; and the officers under whom he has served, upon
application by the examining board, may furnish, through the
office of the Chief of Engineers, full information as to his qualifi-
cations. (G. O. 81, W. D., 1904.)

100. Original reports. — Individual investigations, reports
involving original studies of professional problems, and journals
containing notes on professional reading, references to authorities,
or other matters, may be submitted by the candidate to the
board, and should be given due weight in the examination.

At the examination for promotion to a captaincy or a majority,
the officer shall submit an original report or project prepared by
himself upon some professional subject. This paper may be one
w^hich he has written in the course of his professional duties, or
he may prepare it especially for the occasion. In addition to this
paper the officer may be required to prepare and submit a paper
on some subject selected by the board. Papers of special merit
may be published for the information of the corps, and such pub-
lication will be considered an honorable distinction.

(G. O. 81, W. D., 1904.)

101. Diplomas from Engineer School. — Diplomas from the
Engineer School shall be accepted for the period of two years
from date of such diploma in lieu of all examination for promo-
tion, except as to moral, physical, and general efficiency qualifi-
cations. (G. 0. 81, W. D., 1904.)

102. general provisions as to thoroug-hness. — In all exami-
nations it is expected that examining boards will apportion the
subjects to members in such a manner as to insure thoroughness
in conducting examinations. It should be borne in mind that
the object of the examination is to determine the actual profes-

ENGINEER BOARDS AND DIVISION ENGINEERS. 57

sional fitness of officers for promotion. Mere cramming is not a
desirable feature in the examination of mature and generally well-
educated men. Boards should so conduct examinations that the
qualifications for promotion will be developed by the officer's
ability to make practical application of all he has learned, rather
than the committal to memory of equations and jlata which he
would under ordinary conditions obtain from books of reference.
Correct understanding of theory is indispensable, but should in
all cases be coupled with the ability to make practical application
of the knowledge. (G. O. 81, W. D., 1904.)

103. When officer is found deficient at service school.—

Whenever an officer of the line has been pronounced deficient at
any of the service schools, in any subject in. the course of instruc-
tion, in which subject examination for promotion is required in
his arm, information to that effect shall be furnished the exam-
ining board by The Military Secretary, when that officer is ordered
to be examined for promotion for the next higher grade.

The board shall examine him in that subject in writing, and
questions shall be prepared under all the heads which are pre-
scribed for the oral examination and which relate to that subject:
Provided, That in case of failure at the above-named schools in
administration, military law, guard duty, or hippology, the ex-
amining board will prescribe the extent of written examination.
This examination shall be final in that subject except as to the
practical examination, which, when one is required, shall include
exercises under all the prescribed heads relating to that subject.

(G. O. 81, W. D., 1904.)

104. Certificate of officer examined.— At the conclusion of
his examination, each officer shall be called upon to sign and sub-
mit a certificate in his own handwriting to the effect that he has
not received assistance from any unauthorized source. (G. 0. 81,
W. D., 1904.)

DIVISION ENGINEERS.

105. Duties in general.— The division engineer will exercise
general care and supervision over the execution of the public
works assigned to his engineer division. In all cases he will use
every possible endeavor to cause the work in his division to be

58 ENGINEER BOARDS AND DIVISION ENGINEERS.

executed economically, efficiently, and in conformity with law and
regulations.

He will familiarize himself with the laws and projects authoriz-
ing the works, and by frequent inspections and correspondence'
will assure himself that they are being carried on in accordance
with the law and with the approved projects.

(G. O. 9, C. ofE., 1901.)

106. Speciflcations. — Specifications prepared by the district
officers, which require the approval of the Chief of Engineers,
will be carefully scrutinized by the division engineer to ascertain
if they are adapted to the requirements of the proposed engineer-
ing work. Should any corrections or modifications be deemed
advisable in any case, the papers will be returned to the district
officers with suggestions for explanation or further consideration.
The specifications will be finally forwarded by the division engi-
neer to the Chief of Engineers with recommendations. (G. 0. 9,
C. of E., 1901.)

107. Contracts. — The division engineer will familiarize him-
self with the details of existing contracts, and in his inspection of
work under contract or by hired labor will verify the fact that the
work is being done in accordance with the terms of the contract,
or as authorized by the Chief of Engineers. (G. 0. 9, C. of E.,
1901.)

108. Inspections. — The division engineer will inspect the prin-
cipal works in his division at least once a year, and at such other
times as, in his opinion, the interests of the service demand, or as
may be directed by the Chief of Engineers.

Upon the conclusion of each inspection he will submit to the
Chief of Engineers a concise report stating the condition of each
work visited and the progress being made upon it, with such rec-
ommendations as are pertinent. If no recommendations are
deemed advisable, the fact will be so stated. A simple itinerary
of a journey is not a report.

(G. O. 9, 0. C. E.,1901.)

109. Advice, etc., to district officers.— The division engineer
will counsel and advise with the district officers, and will render
them such other assistance as may tend to promote the interests
of the service. (G. O. 9, C. of E., 1901.)

ENGINEER BOARDS AND DIVISION ENGINEERS. 59

110. Information from district officers. — The division engi-
neer is authorized to call upon any district oflBcer in his division
for such data, reports, and charts belonging to the files of the office,
and for such reasonable information or service as may be necessary
for the consideration of matters relating to works of civil improve-
ment and defense in his division, bearing in mind to avoid, as far
as possible, the unnecessary duplication of records. To this end,
it is believed that many papers can be profitably borrowed tem-
porarily from the district officers, to be returned after the subject
has had full consideration. (G. O. 9, C. of E., 1901.)

111. Office methods, etc. — The division engineer will exer-
cise a proper supervision over the organization of the office force
and office methods in the districts in his division, and will, from
time to time, make such recommendations for changes and modi-
fications as may seem desirable. (G. O. 9, C. of E., 1901.)

112. Forwarding ])apcrs. — No papers will be forwarded to the
Chief of Engineers without a definite expression of opinion on the
part of the division engineer.

The division engineer will especially scrutinize all estimates of
cost, satisfying himself as to the correctness of quantities and prices.
In his inspections he will ascertain whether quantities and prices
vary from the express terms of a contract or from the authority
granted by the Chief of Engineers.

The following papers will be forwarded through the division
engineer:

Requests for authorities under Circular 18, Office of the Chief of
Engineers, 1904, §§ 414-419, 421-424, 501-505; leaves of absence;
projects and other papers relating to engineering features of works;
specifications, proposals, and abstracts of bids relating to formal
contracts.

(G. O. 9, C. of K, 1901, modified to date.)

113. Office force of division engineer. — In the performance of
the duties required of him the division engineer will be allowed
such office force as the Chief of Engineers may authorize, to be
paid pro rata from the appropriations for the works in his divi-
sion, but the Chief of Engineers desires that the office force and

60 ENGINEER BOARDS AND DIVISION ENGINEERS.

records be reduced to the minimum compatible with the proper
performance of the duties above outlined. (G. O. 9, C. of E.,
1901.)

114. Mileagre. — Mileage due to the division engineer as pro-
vided for by law, for travel in connection with works of river and
harbor improvement or other nonmilitary works, will be paid by
the district officers from the proper appropriations. For travel on
duty connected with fortifications, or on any other military duty,
the mileage will be paid by the Pay Department. (G. O. 9, 1901,
and Cir. 23, 1905, C. of E. )

115. When district officers are above the rank of major. —

The regulations and orders defining the duties of division engi-
neers are not intended to require that official papers (except proj-
ects) emanating from engineering districts in the charge of offi-
cers above the rank of major shall pass through the hands of
division engineers, but each division engineer will inspect the
principal works of all engineering districts within the geograph-
ical limits of his division at least once a year, and at such other
times as in his opinion the interests of the service demand, or as
may be directed by the Chief of Engineers, and upon the conclu-
sion of each inspection will submit to the Chief of Engineers a
report thereof, in accordance with the provisions of General Or-
ders, No. 9, Headquarters Corps of Engineers, August 28, 1901
(see §108).

Except projects, all matters relating to the administration of a
district under the command of an officer above the rank of major
will be the subject of direct communication between the district
officer and the Chief of Engineers; a copy of all annual and
monthly reports for the district w^ill, however, be filed wdth the
division engineer for his information in connection with his in-
spection duties.

(G. O. 10, C. of E., 1903.)

116. Citations and cross references:

(a) As to the assignment of division engineers, see E. R. 17.
(6) Copies of reports of completed batteries, etc., to be fur-
nished to the division engineer. (Cir. 17, C. of E. , 1905, — § 58. )

CHAPTER V.

fortifications;

ALTERATIONS AND ADDITIONAL STRUCTURES.

117. The attention of all oflBcere of the Corps of Engineers is
called to A. R. 1534, with a view to its enforcement as far as pos-
sible. (Cir. 15, C. of E., 1896.)

NUMBERING EMPLACEMENTS.

118. At all posts with fixed batteries the position of every gun,
mounted or to be mounted, will have its number, which will be
placed on the gun when in position.

Guns and mortars arranged in line will be numbered from right
to left in separate series for each battery.

The two pits of each mortar battery will be lettered from right
to left or from rear to front A and B. The mortars in each pit
will be numl)ered as follows:

No. 1. The right rear mortar.

No. 2. The right front mortar.

No. 3. The left rear mortar.

No. 4. The left front mortar.
The mortar-pit letter will be painted with its median line on
the median line of the front vertical wall or interior slope of the
pit and with its middle point about 10 feet above the floor. The
letter will be block, 10 inches high and 8 inches wide, painted in
white on circular black background 16 inches in diameter. The
mortar number will be painted with its median line on the upper
element of the mortar, halfway between the median circular ele-
ment of the trunnion band and the face of the breech, the top of
the figure being toward the trunnion band. The number will be
block, 4 inches high, painted white.

62 FORTIFICATIONS.

The tactical numbers of guns of 8 inches caliber and upward
will be painted on the left half of the horizontal diameter of the
face of the breech, halfway between the circumference of the
opening of the breech recess and the circumference of the face of
the breech. The numbers will be block, 4 inches high, painted
in white.

The tactical numbers of guns of caliber less than 8 inches will be
so located on the gun or carriage as to be easily visible from the
rear, the location on each class of gun and carriage in an artillery
district being uniform and being prescribed by the district com-
mander. The numbers will be block, li inches high, painted in
white.

Stencils for all gun and mortar batteries are furnished by the
Ordnance Department.

(Par. II, G. 0. 51, W. D., 1906.)

Citations:

(a) Seacoast batteries include guns of one caliber only.
(Cir. 42, A. G. O., 1903.)

(6) As to former designations of pits in batteries of sixteen
mortars, see G. 0. 82, A. G. 0., 1902.

FOETIFICATIONS AT GARRISONED POSTS.

119. Repairs by (Quartermaster and Engineer Depart-
ments.— When under the provisions of paragraph 1535, Army
Regulations, any seacoast post or any part of it has been turned
over to and garrisoned by the coast artillery, all repairs to the
buildings, plumbing, water-supply and sewer systems, roads,
walks, and grounds will be made by the Quartermaster's Depart-
ment, governed in this work by the provisions of paragraph 1534,
Army Regulations.

Repairs to the fortifications, including the ramps, gutters, etc.,
connected thereto, will remain in the hands of the Engineer
Department.

(Cir. 23, W. D., 1905.)

120. Keys to he turned over.— Whenever emplacements,
range-finder stations, magazines, or other structures pertaining to
seacost defenses are turned over by the Engineer Department to

FORTIFICATIONS. 63

the Artillery, all keys belonging to such structures will be turned
over to the proper artillery officer at the time of the transfer.
(Par. I, G. O. 172, W. D., 1905.)

INSPECTIONS.

121. By district engineer, commanding officer, and artil-
lery engineer. — The district engineer officer will make an inspec-
tion of the engineering features of each garrisoned fort within his
district during the last ten days of the second month of each quar-
ter. He will give timely notice of the dates of his intended visit
to the commanding officer of the artillery district, who, with the
artillery engineer of the district, will accompany him in his visit
of inspection, in order that they may present their views with ref-
erence to any defects in engineer appliances and electrical equip-
ment. Each post commander will accompany the inspectors
during the inspection of his post. Defects of a minor character
which pertain to the work of the Engineer Department and are
plainly the result of a normal and proper use of the emplacements
and engineer appliances will be repaired at once by the district
engineer officer, if the balances in his hands from the general al-
lotment for preservation and repair of fortifications are sufficient.
Defects which indicate imperfections in the installation of the
engineer appliances or electrical equipment, or lack of care in op-
erating, will be jointly investigated by the district engineer officer,
the commanding officer of the artillery district, and the district
artillery engineer. The district engineer officer will forward at
the earliest practicable date a report of the inspection to the Chief
of Engineers for such further action as he may deem necessary in
the premises and a copy of the report will be furnished at the
same time to the commanding officer of the artillery district.
Should a post commander become aware at any time, other than
at a regular quarterly inspection, that a serious defect has devel-
oped in the engineering appliances or electrical equipment it will
be his duty to notify the artillery district commander who will
inform the district engineer officer at once in order that the cor-
rection may be made, if possible, before the next regular quarterly
inspection, and upon the receipt of such notification the district

64 FORTIFICATIONS.

engineer officer will make an investigation with the least practi-
cable delay and submit a special report thereon to the Chief of
Engineers.

The tour of the commanding officer of the artillery district and
his engineer officer made in compliance with this order will be
reckoned as one of the visits required by General Orders, No. 27,
Headquarters of the Army, Adjutant General's Office, March 11,
1903.

At those harbors where there are no artillery district headquar-
ters, the duties devolved in this order upon the commanding offi-
cer of the artillery district and the district artillery engineer will
be performed respectively by the post commander and the post
artillery engineer.

(G. O. 23, W. D., 1905, amended by Par. II, G. O. 102, W. D.,
1905.)

122. Reports to show availability of funds.— Where any

defect is noted by the district engineer officer in his quarterly in-
spection report, a statement should be made as to whether correc-
tion will be made with funds in his hands or not. The relative
urgency for allotments to remove defects for which additional
funds are needed should also be given clearly. (Circular letter,
C. of E., June 23, 1905, E. D. 55786. )

123. Citations:

(a) Public works in the charge of the Corps of Engineers to
be inspected at least once a year, and when completed, by
officers of the Corps of Engineers, duly designated. ( E. R. 9. )

(b) As to inspections by commanding officer, in company
with the district engineer officer, on the occasion of the trans-
fer of seacoast fortifications or their adjuncts to the artillery
for use and care, see G. O. 65, A. G. 0., 1901.

CONFIDENTIAL NATURE OP PLANS, ETC.

124. yisitors, descriptions for publication, etc. — No per-
sons, except officers of the Regular Army and Navy of the United
States, and persons in the service of the United States and em-
ployed in direct connection with the construction or care of these

FORTIFICATIONS. 65

works, will be allowed to visit any parts of the coast defenses of
the United States, the care and custody of which are in the Engi-
neer Department, without the written authority of the oflficer in
charge.

Officers of the Corps of Engineers having charge of fortifications
are directed to exercise such caution in the care of them as will
insure a strict compliance with this order.

(G. O. 2, C. of E., 1897.)

125. References to modern defenses to be omitted from all
maps. — All officers of the Corps of Engineers in charge of works
of defense should exercise care to see that when maps of military
reservations are to be made for any authorized person not directly
connected with fortification construction, no description or loca-
tion of any modern defensive work shall show thereon. (Cir. 20,
C. of E., 1902.) #

126. Confidential maps, etc., to be fiirnislied tlirongrh the
Chief of Engineers. — When applications are made by officers of
other branches of the service to district engineer officers for copies
of confidential maps, drawings, or reports, the desired copies
should, if available, be forwarded to the Chief of Engineers, with
the correspondence, for issue. The only case to which this does
not apply is that of the blueprints of emplacements, etc., fur-
nished at the time of transfer to the troops. (G. O. 6, C. of E.,
1903. )

127. Citations:

(rt) For provisions in the Army Regulations regarding visits
to fortifications, and descriptions thereof for publication, see
A. R. 353, 354.

(6) No written or pictorial description of tests by the Gov-
ernment of the United States of arms or munitions of war to
be made for publication without the authority of the Secretary
of War; no information, written or verbal, concerning them
which is not contained in the printed reports or documents
of the War Department to be given to any unauthorized per-
son. (A. R. 1585.)

24390-06 5

Q6 FORTIFICATIONS.

ORDNANCE.

128. Examination upon receipt.— The maintenance in good
condition of all new seacoast armament is enjoined upon officers
of the Corps of Engineers temporarily responsible for the same.
To this end the armament will be inspected frequently and the
necessary measures taken to preserve it from rust and deteriora-
tion. The piston rods and all bearing surfaces should receive par-
ticular attention.

A careful inspection will be made of all new armament as soon
as received, and a special report setting forth its condition will
be submitted. The condition of the new armament, whether
mounted or not, will hereafter be reported in the monthly reports
of operations by all officers responsible for such armament.

Timely requisitions for cleaning and preserving materials should
be made to the Chief of Ordnance, with a view to having them on
hand when needed. In cases of emergency these materials may
be purchased by the Engineer Department.

(Cir. 21, C. of E., 1897.)

129. Disappearing carriages.— The amount of lead counter-
weight furnished with some disappearing carriages is much greater
than that found to be necessary to raise the guns properly to the
firing position when the carriages are in good condition, the excess
of counterweight being designed for use only when necessary. The
proper amount of counterweight is that which will bring the gun
loaded to the firing position without shock to the buffers or stops,
and in no case should any more weight be used than that neces-
sary to accomplish this result, and officers in charge of these car-
riages should be cautioned against allowing all of the counterweight
received with a carriage to be piled unless found by tentative trials
to be necessary. When the cylinders are partially filled with oil
less counterweight will be required to raise the gun, and the proper
amount should be determined in each case.

When the gun is in the loading position the ends of the gun
levers should be about two inches from the recoil buffers, and to
avoid breaking the retracting chains efforts should not be made to
retract the gun below this position.

(Letter of Acting Chief of Ordnance, dated April 27, 1899, pub-
lished in Cir. 9, C. of E., 1899.)

FORTIFICATIONS. 67

130. Motors on carriage^. — Whenever additional motors for
retracting, traversing, elevating, or depressing are installed, a re-
port should be submitted to the Chief of Engineers, showing the
name of the battery and the number of the emplacement in which
each is installed and whether the present electric plant is suffi-
cient to supply the power required. (Circular letters, C. of E.,
June 11, 1904.)

131. Citations:

(a) For certain instructions regarding the care of ordnance
material, see G. O. 200, A. G. O., 1899; Par. II, Cir. 6, A. G.
O., 1901; Par. I, Cir. 11, A. G. 0., 1902; Cir. 30, A. G. O.,
1902, amended by Par. II, Cir. 43, A. G. O., 1902; Par. I,
Cir. 43, A. G. O., 1902, amended by Par. I, Cir. 30, A. G. 0.,
1903; Cir. 46, A. G. O., 1902; Par. II, Cir. 56, A. G. O., 1902;
Cir. 59, A. G. O., 1902; Cir. 36, A. G. O., 1903; and Cir. 48,
W. D., 1905.

(6) Pent houses or other forms of shelter for seacoast artil-
lery not to be provided. (Cir. 8, A. G. O., 1901.)

(c) As to the methods to be pursued in making repairs to
ordnance material, and as to district armament oflScers of the
Ordnance Department and the limits of their districts, see
G. 0. 109, W. D., 1904.

MOUNTING ARMAMENT.

132. To be done, as a rule, by the artillery.— The work of
mounting heavy guns, mortars, or carriages in fortifications will,
as a rule, be done by the artillery troops. (Par. 2, Cir. 5, A. G. O.,

1896.)

(d) Citation: As to the appropriation chargeable with the
cost of moving armament from the wharf to the battery, see
4 Comp. Dec, 65.

133. At posts garrisoned or under artillery commander.—

This course will be followed habitually in all garrisoned fortifi-
cations which are neither in whole nor in part under the control
of the engineers. When guns, etc., are to be mounted in a garri-
soned fortification or in an ungarrisoned work upon a military

68 FORTIFICATIONS.

reservation under the control of an artillery commander, these
works being still in whole or in part under the control of the
engineers, the engineer officer in charge of construction will,
after consulting with the artillery commander, decide whether
the mounting shall be done under his own direction and by the
use of the machinery and labor of the Engineer Department, or
under the direction of the artillery commander and by the labor
of the troops. The former course will be followed whenever it is
so desired by the Engineer Department as being necessary to pre-
vent interference with other work of construction upon the fortifi-
cation, and the artillery commander will afford the engineer officer
in charge, and upon the latter' s request, all possible assistance by
the loan of machinery and by details from his command. In like
manner, when the work is done under the direction of the artil-
lery commander the engineer officer in charge will, with the
approval of the Chief of Engineers, afford him whatever assist-
ance may be practicable. (Par. 2, Cir. 5, A. G. O., 1896.)

134. At iiiigarrisoned works. — In fortifications which are as
yet ungarrisoned the engineer officer may himself conduct the
work of mounting the guns, etc., using his own machinery and
labor and, if necessary, the aid of materials and details from con-
venient artillery commands, which will be given on application to
the department commander; or, if the engineer officer so request,
the department commander will direct that the work be done
entirely by the artillery troops. (Par. 2, Cir. 5, A. G. O., 1896.)

135. When 111 oiiii ted by artillery. — If it be decided that the
guns, etc., shall be mounted under the direction of the artillery
commander, the latter will designate the most competent officer
of his command to conduct the work, and this officer will confer
from time to time with the engineer officer with a view to so con-
ducting it as not to interfere with the engineer work on the forti-
fications. If, in his judgment, it be necessary, the commanding
officer will apply to the department commander for the detail of
an artillery officer from another command to conduct the work,
and if such officer be not available he will request the services of
an ordnance officer for that purpose. (Par. 2, Cir. 5, A. G. 0.,
1896.)

FORTIFICATIONS. 69

136. Inspection by ordnance officer. — When gun carriages
and guns are to be assembled or mounted in seacoast fortifications,
they shall be subject to the inspection of an officer of the Ordnance
Department both during process of erection and after its comple-
tion, in order to insure that all parts are correctly assembled and
in proper working order. Such officer of the Ordnance Depart-
ment shall, under instructions from the Chief of Ordnance, take
all measures necessary, including, if deemed desirable, the firing
of the piece, to give assurance of the perfect serviceability of the
armament Yyeiore it shall be turned over for use.

Installed armament shall be subject at any time to the inspec-
tion of ordnance officers, to be designated by the Chief of Ordnance,
to see that it is in efficient condition for use, and to place it in such
condition if it shall not be so. Department commanders will
instruct commanding officers to furnish such assistance as may be
necessary to carry out the inspections and to perform necessary
work on the armament.

(Cir. 19, A. G. 0., 1898, published in Cir. 13, C. of E., 1898.)

137. Authority of Chief of Engineers required.— No guns,
mortars, or carriages, large-calil)er or rapid-fire, will l^e a.ssembled
or mounted until written authority is received. Application for
this authority should be made to the Chief of Engineers in time
to permit him to communicate with the Chief of Ordnance and
return the papers to the district officer before the latter is ready
to do the mounting.

The date on which the guns are desired to be mounted should
in all cases be distinctly stated.
(Cir. 22, C. of E., 1900.)

ELECTRIC PLANTS AND SEARCHLIGHTS.

138. Care and operation. — Where electric light and power
plants have been installed they will be put in operation once a
month. In firing boilers the temperature in the fire box should
be raised very gradually to avoid sudden expansions of the metal
shell. All machinery, such as engines, pumps, and boilers, will
be kept in good working order at all times. Lubricating material

70 FORTIFICATIONS.

and electrical supplies will be secured on quarterly requisitions
from the proper supply departments. (Par. IV, G. O. 6S, A. G. O.,
1897.)

139. Increase of load upon electric plants. — No increase of
load upon any fortification electric plant beyond that contemplated
at the time of installation, or transfer, or any change in the elec-
trical connections shall be made without the approval of the Chief
of Engineers. Should additions to load or changes in connections
be desired, a statement of the reasons therefor, accompanied by
detailed information relative thereto, will be forwarded by the
commanding officer of the artillery district to the Chief of Engi-
neer through the district engineer officer. (G. O. 23, W. D.,
1905, amended by Par, II, G. 0. 102, W. D., 1905.)

140. Occasional repairs to be made by ordnance mechan-
ics.— Resident ordnance machinists are authorized to make such
repairs to the machinery of the engineer power plants as may be
required from time to time in the maintenance and care of such
plants, provided such work does not interfere with their regular
duties in connection with the maintenance and care of the seacoast
armament; all such repairs to be made under the direct supervision
of the District Ordnance Officer. (Letter of Chief of Ordnance to
District Armament Officers, published in Cir. 21, C. of E., 1904.)

141. Not to be transferred to troops without prior author-
ity of Chief of Eng'ineers. — No searchlight projector, searchlight
plant, or electric plant will hereafter be transferred to the Artil-
lery for use and care without prior authority from the Chief of
Engineers. (Cir. 3, C. of E., 1905.)

142. Citations and cross references:

(a) For general provisions regarding the various classes of
electrical equipment to be furnished by each of the supply de-
partments, see G. 0. 72, W. D., 1906,— §§ 404-407.

(6) For provisions regarding the use of fortification electric
plants for lighting buildings and grounds, see A. R. 1066.

(c) As to the test to be given to storage batteries by the
receiving officer at the time of their transfer to the troops, see
Par. II, G. O. 6, A. G. O., 1902.

FORTIFICATIONS. 71

(rf) Searchlights and their accessories for use in connection
with submarine defense are to be accounted for on Engineer
returns. (G. 0. 47, W. D., 1905.)

(e) As to information regarding electric plants and search-
lishts to be included in reports of completed batteries, etc.,
see Cir. 3, C. of E., 1905,— §§ 53, 54.

FIRE CONTROL.

143. Changres in installations. — Fire-control installation ap-
proved by the Secretary of War, in progress or completed at coast
fortifications, will not be changed in any respect without his ex-
press sanction. (Par. II, G. O. 68, W. D., 1905.)

14:4. Designations of stations.— The position-finder stations of
a single tire command at a seacoast fort shall hereafter be known
and designated as follows:

The Primary Station Fire Command ( F' )

The Secondary Station Fire Command (F''^)

The Supplementary Station Fire Command (F^'')

The stations used in connection with the position-finder service
of a battery shall hereafter be known and designated as follows:

The Primary Station, Battery (B')

The Secondary Station, Battery ( B'O

The Supplementary Station, Battery (B'^O

The abbreviations given in each case are authorized for use in
official correspondence and on charts and maps.

The abbreviation B in use on harbor charts furnished by the
Engineer Department will be changed to B', and shall be read,

"Primary Station, Battery "

If at any post a vertical-base system only is installed the several

stations shall be known and designated as ** Primary Station,

Fire Command " and "Primary Station, Battery "as desig-
nated above.

(Par. II, G. 0. 61, W. D., 1903.)
Citalions:

[a] The abbreviation C is used for the stations of the Battle
Commander. (Indorsement of the Chief of Artillery, dated
October 29, 1904,— E. D. 33778/751. )

72 FORTIFICATIONS.

(6) The abbreviations M^, M^^, and M^^^ are authorized for
the stations of a mine command, for use in official correspon-
dence and on charts and maps. (Artillery Memorandum
No. 3, W. D., 1904.)

145. Base lines. — At each coast artillery post the Engineer
Department will establish a base line between two mutually inter-
visible distant position-finder stations from which as wide a
horizontal field of view as possible can be obtained. The true
astronomical azimuth and the length of this base line will be fur-
nished as a basis from which the artillery will determine such
other azimuths and distances as they wish to appear on the harbor
charts. These data will be furnished the Chief of Engineers by
the artillery district commanders concerned through the Chief of
Artillery. (Par. II, G. 0. 36, W. D., 1904.)

14G. Installation of Signal Corps apparatus.— With a view
to prompt settlement of local questions relating to emplacement
cutting or to special duct installation in connection with work pre-
viously authorized, and in order to coordinate the work of the
Engineer Department, Signal Corps, and Artillery Engineers, so
far as possible, the following instructions are issued:

When informed by the local representative of the Signal Corps
that that Corps is ready for the installation of apparatus in any
battery, emplacement, or range-finder structure the district engi-
neer officer will confer in person, or through his military or civil-
ian assistants, with the local representatives of the Signal Corps,
and with the Artillery Engineers, in order that convenient loca-
tions may be selected for the cut-out cabinets, telephones, telauto-
graphs, bells, etc.

When the location for the apparatus has been so decided upon,
any excavation required, either in the concrete or in the ap-
proaches, will be executed by the district engineer officer, if he
has funds available for and applicable to the work, a wooden
cover being provided by the Engineer Corps for cables where
trenching is necessary.

The installation of the cables or iron-armored conduit in connec-
tion with Signal Corps cabling, together with the securing of such
cables, conduits, and instruments to the walls of the emplacement,
is to be done by the Signal Corps.

FORTIFICATIONS. 73

The district engineer officer will, upon request of the local rep-
resentative of the Signal Corps, give the latter all information in
connection with details of the engineer installations necessary to
insure harmony between the plans of cable runs of the two corps.

Where difficulties arise which can not be met locally, they will
be submitted for decision of higher authorities through the usual
channels.

(Circular letter, C. of E., October 6, 1905.)

147. Citations and cross references:

(a) For general provisions regarding fire-control systems
and the work devolving upon each of the supply departments
in connection therewith, see G. O. 72, W. D., 1906,— §§ 409-
412.

(6) As to the supplies to be furnished by the Engineer,
Ordnance, and Quartermaster's Departments, and by the Sig-
nal Corps, in connection with temporary fire-control installa-
tions at seacoast fortifications, see G. 0. 13, and Par. I, G. O.
54, W. D., 1906.

GENERAL CITATIONS AND CROSS REFERENCES.

148. Projects:

(rt) Projects for commencing new works to l)e submittetl to
the Chief of Engineers. When plans for public works have
been sanctioned by the Secretary of War or the Chief of Engi-
neers, they must not be departed from in any particular
without express permission. (E. R. 7, 8.)

(6) An officer charged with any work involving the exj^end-
iture of money to submit a project for the manner in which
it is proposed to apply the funds, with an estimate of the
probable monthly expenditures. (E. R. 20.)

(c) Every project for any sjiecial work to be accompanied
by an itemized estimate of cost. (Par. II, G. O. 1, C. of E.,
1868,-§6.)

{d) Projects of permanent fortifications to be prepared or
revised by The Board of Engineers. ( E. R. 10. )

74 FORTIFICATIONS.

149. Reports:

(a) As to rendition of annual and monthly reports of
operations, see Cir. 2, 1896, Cir. 6, 1901, and Cir. 18, 1903, C.
of E.,—§§ 38-41, 43-48.

(6) As to reports of completed batteries, etc., see Cir. 30,
1900, Cir. 18, 1903, and Cir. 3, 1905, C. of E.,— §§ 49-57.

(c) As to copies of reports on fortifications to be furnished
to certain officers, see Cir. 17, 1905, and G. 0. 10, 1903, C. of
E.,-§§ 58, 115.

150. Transfers of completed works to the troops:

(a) As to the transfer of completed fortification works to the
troops for use and care, see A. K. 1535.

(6) As to inspections by commanding officer, in company
with the district engineer officer, on the occasion of the trans-
fer of seacoast fortifications or their adjuncts to the artillery
for use and care, see G. O. 65,A. G. O., 1901.

(c) When completed works of fortification are turned over
to the artillery the receipt from the artillery officer should
state that all the articles have been turned over to him in good
order and condition. (Cir. 2, C. of E., 1900,— § 369. )

(d) As to transfers of property on invoices and receipts in
connection with turning over fortification works to the artillery,
see Par. 3, Cir. 2, C. of E., 1900,— § 369.

(e) As to the test to be given to storage batteries by the
receiving officer at the time of their transfer to the troops,
see Par. II, G. 0. 6., A. G. 0., 1902.

(/) Searchlights and electric plants not to be transferred
without prior authority of the Chief of Engineers. (Cir. 3,
C.ofE., 1905,— §141.)

151. Sites for fortitlcations and supervision thereover:

{a) For provisions of law regarding the acquisition of land
for fortification purposes, see fortification appropriation act
approved August 18, 1890; 26 Stats., 315, or 1 Sup. R. S., 780;
25 Stats., 357, or 1 Sup. R. S., 601; and R. S. 355, 3736.

(b) No public money to be expended upon any site or land
purchased by the United States for the purposes of erecting
thereon any armory, arsenal, fort, fortification, navy-yard.

FORTIFICATIONS. 75

custom-house, light-house, or other public building, of any
kind whatever, until the written opinion of the Attorney-
General is had in favor of the validity of the title, nor until
the consent of the legit«lature of the State in which the land
or site may be, to such purchase, has been given. (R. S. 355;
A. R. 708.)

(c) The expense of procuring an abstract of title to land
owned by the United States is payable from the appropriation
for contingencies of the Department procuring the abstract.
(5Comp. Dec, 62.)

(d) The expense of procuring an abstract of title to land to
be used as a site for a fortification is a proper charge against
the appropriation made for the purchase of the site if the
abstract is needed by the United States attorney to assist him
in examining the title, provided the land is to be purchased
and not condemned. (3 Comp. Dec, 216.)

(e) When recommendation is made for the purchase of
land it should be accompanied by the specific statement that
the price agreed upon and recommended to be paid is reason-
able and the best obtainable under all the circumstances.
(Cir. 11, C. of E., 1904— § 189.)

(/) As to payment of taxes on land to be acquired by the
United States before title is finally approved by the Attorney-
General, see Cir. 9, C. of E., 1904— §§ 186-188.

{g) As to Federal and State jurisdiction over military res-
ervations, see Cirs. 38 and 53, A. G. O., 1900.

(A) Department commanders to supervise all military res-
ervations within the limits of their commands. Permission
to a civilian not in the employ of the Government to occupy
any part of a reservation not to be given, except by the Secre-
tary of War. (A. R. 209.)

(0 Military posts temporarily evacuated by troops and
lands reserved for military use will be under the charge of
the Quartermaster's Department. (A. R. 211.)

(j) Permanent works of defense, and the lands appurte-
nant thereto, are under the supervision of the Engineer De-
partment. (A. R. 211.)

{k) As to erection of temporary fortifications, under emer-
gency, on land not owned by the United States, see joint

76 FORTIFICATIONS.

resolution approved April 11, 1898 (30 Stats., 737), published
in Par. II, G. O. 21, A. G. 0., 1898.

(l) For opinions of the Judge-Advoeate-General of the
Army regarding licenses granted by the United States to do
certain acts on land owned by the Government, see Dig. Op.,
J. A. G., 1599-1616.

(m) The Secretary of War may lease land under his control
for periods not exceeding five years. (Act of July 28, 1892;
27 Stats., 321, or 2 Sup. R. S., 56.)

152. Miscellaneous:

(a) For provisions regarding the supplies to be furnished
and the work to be done at seacoast fortifications by the various
supply departments, see G. 0. 13, 51, and 72, W. D., 1906,— § §
118, 404-413.

(6) The fouling by a vessel of cable or other material form-
ing part of the seacoast defenses to be reported to The Military
Secretary by the commanding officer of the post or station, in
order that the proper steps may be taken under the act of
July 7, 1898 (30 Stats., 717, published in Par. VI, G. 0. 96,
A. G. 0. , 1898 ) , or otherwise. ( Par. I, G. O. 30, W. D. , 1905. )

(c) For provisions regarding the artillery staff officers of
coast artillery posts and districts, and their duties, see G. O.
109, W. D., 1904, and A. R. 296-300.

(d) Vouchers for mileage in connection with fortification
work will be presented to the nearest paymaster. (Cir. 23,
C. of E., 1905,— §197.)

(e) For general provisions regarding contracts and othex
methods of procuring supplies and executing work in connec-
tion with fortifications, see G. O. 4, 1901 (amended by G. O.
3, 1902, and by G. 0. 6, 1905), and G. O. 5, 1905, C. of E.,—
§ § 251-259.

(/) Submarine-mine property not to be used for other pur-
poses without prior authority of the Chief of Artillery. (Par.
II, G. O. 86, VV. D., 1905.)

{g) Cable tanks to be kept filled with fresh water so far as
practicable. (Par. II, G. O. 86, W. D., 1905.)

FORTIFICATIONS. 77

(h) As to items of property at fortifications which are ex-
pendable and those which are not expendable, see Cir. 45,
A. G. O., 1901,— §§379, 380.

(i) Officers in charge of fortification works in the United
States to keep in their possession at any one time only so
many surveying instruments as are in actual use, as may be
needed for probable emergencies, or as will certainly be re-
quired for use within the next succeeding four months. (Cirs.
6, 1871, and 15, 1904, C. of E.,— §364.)

(j) For instructions regarding the ventilation of magazines,
see pp. 22-24, 56, and 57, Artillery Circular D, revised edi-
tion, 1903.

(^•) For concealment of batteries, seeds, nuts, acorns, etc.,
will be planted by the troops on the slopes and grounds adja-
cent to the batteries. Where necessary, the seeds may be
supplied by the Engineer Department. (Letter of The Mili-
tary Secretary, dated August 12, 1904; E. D. 51394/3; Cir. 7,
Atlantic Division, 1904. )

CHAPTER VI.

RIVERS, HARBORS, AND CANALS.

PROJECTS.

153. Proposed modiflciitions to be omitted from annual
reports. — No inodification of the approved project or plan for a
work or increased estimate for the completion of the project shall
be included in the annual -report of any officer in charge of a dis-
trict before the modified project or estimate has been submitted
to this office in a special report and approved by the Chief of
Engineers or Secretary of War. (G. 0. 7, C. of E., 1891.)

Citations:

[a) Projects for commencing new works of river and har-
bor improvement to be submitted to the Chief of Engineers.
When plans for river and harbor works have been approved
by the Chief of Engineers, they must not be departed from in
any particular without express permission. (E. R. 7, 8; E. D.
54554.)

( b) An officer charged with any work involving the expendi-
ture of money to submit a project for the manner in which it
is proposed to apply the funds, with an estimate of the prob-
able monthly expenditures. (E. R. 20.)

154. Not to be modified witliout proper autliority.— The

river and harbor act of June 3, 1896, makes provision for the
completion of certain works in accordance with projects which
have been sanctioned by Congress, and in each case a limit is
fixed for the cost of the improvement. In the case of some of
these works the law provides that the Secretary of War shall not
obligate the Government to pay more than |400,000 annually.

RIVERS, HARBORS, AND CANALS. "79

In other cases this annual allotment is placed at 25 per cent of the
amount authorized to be expended.

It is the understandino: of the Chief of Engineers that "the
amount authorized to be expended " in each case is not the limit-
ing cost mentioned, but is the actual cost of the items of the
projects which have been approved by Congress. It is not con-
sidered permissible to modify, without proper authority, such
projects or add to them without further action by Congress, even
though the execution of work for less than the estimate leaves a
balance of the sum fixed as limiting cost.

It is understood that the authority granted by Congress is for
certain work and not for the expenditure of the certain sums
named as limits of cost. It was the expectation of Congress that
the method of contract authorized would result in a less cost than
that estimated and that a saving to the Government would thereby
result.

The remarks herein, regarding modification or extension of
projects which have been approved by Congress, apply with equal
force to all works of improvement as well as to those carried on
under continuing contract.
(Cir. 5, C. of E., 1898.)

EXAMINATIONS AND SURVEYS.

155. Reports to contain information as to com iiierce.— Full

statements of all existing facts tending to show to what extent the
general commerce of the country will be promoted by works of
improvements contemplated by examinations and surveys, must
accompany each and every report upon an examination or survey
ordered by Congress. (G. 0. 2, C. of E., 1879; R. S., 231.)
Cross references:

(a) All reports on examinations and surveys and other re-
ports required to be transmitted to Congress to be submitted
in duplicate; one copy to be made on legal-cap paper (8 by
12^ inches), written on one side only, for the use of the
printer. (G. 0. 6, modified by G. O. 10, C. of E., 1889,— § 23. )
(6) Drawings accompanying reports which will probably
be transmitted to Congress and printed to be so prepared that
they may be immediately placed in the hands of the engraver
or photoiithographer. (Cir. 16, C. of E., 1880,— § 25.)

80 RIVERS, HARBORS, AND CANALS.

OPERATING AND CARE OF CANALS AND OTHER WORKS OF
NAVIGATION.

156. Statement of expenses for annual report.— The river
and harbor act approved July 5, 1884, makes provision, in section
4 (23 Stats., 147), for the expenses of operating canals and pre-
serving certain channels, and requires "that an itemized state-
ment of said expenses shall accompany the annual report of the
Chief of Engineers."

It is understood to be the intent of this law to require a state-
ment of expenditures in sufficient detail to show that the appro-
priation is not being used for any other purpose except the pay-
ment of actual expenses of operating and keeping in proper repair
certain works of improvement. It is thought that the intent of
the law will be complied with in all such cases by a statement
similar to that on page 2652 of the Annual Report of the Chief of
Engineers for 1901, relative to operating snag boats on the Ohio
River. (Cir. 4, C. of E., 1898, modified to date. )

157. Projects and estimates to be submitted annually. —

Officers in charge of works operated and maintained under the
authority granted in section 4 of river and harbor act of July 5,
1884, will submit as soon after the end of each fiscal year as it is
practicable to ascertain the expenses incurred during that year
a project with an estimate of the probable cost of operating and
maintaining the works during the next fiscal year, in order that
an additional allotment necessary for their maintenance during
that period may be made. The amount estimated to be necessary
for each work should be diminished by the balance of the allot-
ment made for the preceding year which remains unexpended and
that is not needed for liquidating the outstanding liabilities at its
close. The following money statement should accompany each
project:

Amount required for fiscal year ending June 30, 19 $

Balance remaining from allotment of preceding year,

exclusive of outstanding liabilities $

Additional allotment required for fiscal year ending

June 30, 19 $

(Circular letter, C. of E., July 23, 1889.)

RIVERS, HARBORS, AND CANALS. 81

168. Information to be furnished in connection witli an-
nual estimates. — For consideration in connection with their an-
nual estimates, officers having charge of works the operation
and care of which are carried on under allotments from the indef-
inite appropriation (section 4 of the river and harbor act of July
5, 1884, — 23 Stats., 147) will submit a statement giving in compara-
tive tabular form for each work in their charge, operated under
such indefinite appropriation, the items of approved project,
amounts authorized to be expended under each item of such ap-
proved project, and the amoimt actually expended under each
item. (Cir. 12, C. of E., 1897.)
150. Citation:

The indefinite appropriation made by the fourth section of
the act of July 5, 1884, chapter 229, for ** oj>erating and care
of canals and other works of navigation," is not applicable to
river and harbor improvements generally, but only to a par-
ticular class of publie works, such as canals, locks, etc., in
the use of which both operating expenses and expenses for
repairs are necessarily incurred. (18 Op. A. G., 188; Cir. 13,
C. of E., 1885.)

REMOVAL OF WRECKS, ETC.

160. Special report upon completion.— Officers who are

charged with the removal of wrecks obstructing or endangering
navigation will upon the completion of such removal submit a
special report thereof for the information of the Chief of Engi-
neers. This report is in addition to the usual monthly reports of
operations. (Cir. 3, C. of E., 1889.)

161. Information for Light-House Inspector. — Whenever
any wreck, which has been buoyed by the Light-House t^tablish-
ment, has been so far removed or destroyed that buoys are no
longer needed, this fact will be reported at once, by the officer
under whose direction the wreck was removed, to the Light-House
Inspector of the district in which the wreck was located. (Cir.
30, C. of E., 1905.)

162. Obstructing craft to be taken charge of by agrents of
the United States. — Whenever any vessel, boat, water craft, or
raft sinks, grounds, or is unnecessarily delayed in any canal, lock,

24390—06 6

8^2 RIVERS, HARBORS, AND CANALS.

or other improvement controlled or owned by the United States,
or in any of the navigable waters of the United States under cir-
cumstances of emergency, the officer in charge of such lock, canal,
improvement, or district will take charge of such vessel, boat,
water craft, raft, or other obstruction, with a view to its imme-
diate removal or destruction, using his best judgment, in all cases,
to prevent any unnecessary injury. Any action taken under the
above instructions will be reported forthwith to the Chief of En-
gineers for the information or action of the Secretary of War.

Requests for allotment of any funds that may be required in
connection with the removal of obstructions under this order must
be made as usual to the Department.

(Cir. 4, C. of E., 1905, publishing instructions of the Secretary
of War based on sec. 20 of the river and harbor act of March 3,
1899— 30 Stats., 1154-1155.)

163. Citations:

(a) The Treasury Department is' authorized to remove at
once, without notifying the War Department of the locality
of the same, any wrecks or derelicts found within the three-
mile limit by the several vessels of the Revenue-Cutter Serv-
ice designated by the President for winter cruising along the
Atlantic coast when such obstructions can not be towed into
port. (Cir. 34, C. of E., 1904.)

(6) For certain opinions of the Judge-Advocate-General of
the Army regarding the removal of wrecks, etc., obstructing
or endangering navigation, see Dig. Op., J. A. G., 1488, 1789.

(c) For certain provisions of law regarding the removal of
wrecks obstructing or endangering navigation, see 21 Stats.,
197, or 1 Sup. R. S., 296; 22 Stats., 208, or 1 Sup. R. S., 369;
26 Stats., 454, or 1 Sup. R. S., 802.

SPECIAL PEIVILEGES.

164. Identity of grantee to be established.— When an act of

Congress granting a privilege to an individual or a corporation
contains a clause requiring the approval of the Secretary of War
to certain matters of detail, the grantee will be required to estab-
lish his identity; if the grant is to a corporation, there will be
required a copy of its charter or articles of incorporation, and of

RIVERS, HARBORS, AND CANALS. 83

the minutes of the organization of the company; also extracts from
the company minutes showing the names of the present officers
of the company and the acceptance by the company of the pro-
visions of the act of Congress, all properly authenticated. (Rule
of Secretary of War of July 31, 1886, published in Cir. 6, C. of E.,
1886. )

165. Form of approyal of plans, etc.— The identity of the
grantee having been established, and the provisions of the law
having been complied with, the terms, conditions, requirements,
etc., will be reduced to writing. This paper will be approved by
the Secretary of War, one copy thereof to be filed in the War
Department and the other given the grantee. (Rule of Secretary
of War of July 31, 1886, published in Cir. 6, C. of E., 1886.)

166. Fish weiriJ, traps, etc.— Prior to action by the Depart-
ment on an application for permission to construct a fish weir,
trap, or similar contrivance in any navigable waters of the Ignited
States, the applicant shall be required to furnish the Department
with evidence that the proper license has been granted by the
State or municipal authorities in cases where the laws prescribe
such requirements, or to show that there is no State law or munici-
pal regulation relating to the subject. (Decision of Secretary of
War, Nov. 11, 1897, published in Cir. 19, C. of E., 1904.)

167. General permission to Western Union Telegraph
Company to replace existing cables.— General permission,
revocable at will by the Secretary of War, has been granted the
Western Union Telegraph Company to lay telegraph cables under
the navigable waters of the United States, to take the place of
existing cables which may become defective and unserviceable,
subject to the following conditions:

1. That the cables shall be so laid and the operations in connec-
tion therewith shall be so conducted as not to obstruct or interfere
in any way with navigation.

2. That each cable shall be laid and all the work in connection
therewith executed under the supervision and to the satisfaction
of the engineer officer in charge of river and harbor improvements
in the district where it is laid.

(Cir. 23, C. of K, 1904.)

84 RIVERS, HARBORS, AND CANALS.

168. Water-power privileges in navigable waters.— The fol-
lowing report on a bill introduced and considered at the third
session of the Fifty-eighth Congress is published for the informa-
tion of officers of the C»rps of Engineers in charge of river and
harbor works, it being thought that the important legal proposi-
tions discussed, and a knowledge of the Department's position
regarding the subject-matter, may be of interest and value:

War Department,

January 17, 1905.
Respectfully returned to the chairman Committee on Interstate
and Foreign Commerce, House of Representatives, inviting atten-
tion to the accompanying report of the Chief of Engineers, U. S.
Army, of yesterday's date, and to drafts of bills therein referred
to. The report seems to me to he very comprehensive, accurate, ayid
instructive.

Wm. H. Taft,

Secretary of War.

War Department,
Office of the Chief of Engineers,

Washington, January 16, 1905.

Hon. Wm. H. Taft, Secretary of War.

Sir: 1. I have the honor to return herewith a letter, dated the
13th ultimo, from the Committee on Interstate and Foreign Com-
merce of the House of Representatives, inclosing, for the views of
the War Department thereon, H. R. 16298, Fifty-eighth Congress,
third session, — "A bill to provide for and regulate the use of the
navigable rivers and streams of the United States for manufac-
turing, industrial, and other purposes by means of water power
obtained therefrom."

2. There are two distinct propositions embraced in the bill, as
follows:

( a) To authorize the Secretary of War to grant leases and licenses
to private persons or corporations for the use of water power
created by dams and other structures built by the Government on
navigable waters for the benefit of navigation.

(6) To empower the Secretary of War to authorize private per-
sons or corporations to construct dams and other structures, and
to develop and use water power at points on navigable rivers,
where the Government has not built such structures.

3. In connection with legislation of this kind careful considera-
tion should be given to the question of the limitations of the power
of the Federal Government over navigable waters. By virtue of

RIVERS, HARBORS, AND CANALS. 85

ite power to regulate commerce, Congress may exercise control
over the navigable waters of the United States, but only to the
extent necessary to protect, preserve, and improve free navigation.
The Federal Government has no possessorv title to the water flow-
ing in navigable streams, nor to the land comprising their beds
and shores, and hence Congress can grant no absolute authority to
any one to use and occupy such water and land for manufacturing
and industrial purposes. The establishment, regulation, and con-
trol of manufacturing and industrial enterpri.ses, as well as other
matters pertaining to the comfort, convenience, and prosperity of
the people, come within the powers of the States, and the Supreme
Court of the United States holds that the authoritv of a State over
navigable waters within its borders, and the shores and beds
thereof, is plenary, subject only to such action as Congress may
take in the execution of its powers under the Constitution to regu-
late commerce among the several States,

4. Many of the provisions of the bill under consideration appear
to conflict with these principles of law, and particularly sections 3
and 6, which propose to confer upon the Unite<l States, and upon
any lessee or grantee under the provisions of the bill, the power to
condenm any land or other property bordering on or a<ljacent to
the river or stream to be used. P'minent domain is the right to
take property for public tises, and is inherent in the Unite<l States
by virtue of its sovereignty. Private prot)erty can be expropriated
by the Federal Government, however, for public purposes only;
that is, when it is necessary for the use of the Government in the
exercise of any of its legitimate powers. To take or to authorize
the taking of the property of one indivi<lual for the use and bene-
fit of another in carrying on a private buisness or industrv, as pro-
posed by the bill, is not a proper exercise of the right of eminent
domain. There may be certain enterprises of a quasi-public
character, such as electric-light and railway companies, that would
desire to avail themselves of the use of water power, and to which
the right to condemn private property could properly be granted;
but the granting of such right is believed to be a function of the
States, inasmuch as the organization and incorporation of these
enterprises, as well as the title and ownership of the property
affected, are matters for State control and regulation. In view of
the foregoing, I am unable to recommend favorable consideration
of the bill in its present form.

5. To legislation authorizing the Secretary of War to lease water
power created by works constructed by the Government, I see no
special objection, but 1 know of no demand for it in the public
interest. The right of Congress to regulate, control, and dispose
of such water power is believed to be unquestionable, inasmuch
as the power constitutes a valuable property created at the public
expense, and when utilized by private persons or corporations
should be paid for. Whether a general policy of this kind should

86 RIVERS, HARBORS, AND CANALS.

be adopted, however, is a question that should be very carefully
considered. Locks and dams are built and operated for the pur-
pose of facilitating navigation and commerce, and nothing should
be permitted that would tend to imj)air their usefulness or inter-
fere with their operation for this purpose. Partnerships or quasi
partnerships between the Government and private persons or
corporations have not been generally favored in the past, as
experience has shown that they are apt to be attended by many
annoying complications. I do not believe that sufficient revenue
would be derived from renting water power to compensate for the
trouble and inconvenience that might ensue from the adoption of
such a policy. Congress has heretofore authorized the renting of
land and water power at the locks and dams on the Muskingum
River and Green and Barren rivers; but it is understood that this
was done for the reason that at the time these works came into the
possession of the United States there was in existence a number
of leases granted by the former owners which constituted an
easement on the property, some of which leases had many years
to run. In cases where a new privilege is asked, it has been
customary to invite public competition, setting a minimum price;
but no active competition has been developed. There is also one
company which uses land and water power at Lock No. 4 on the
Kentucky River, under a lease granted by the State of Kentucky,
which expires in 1977. During the past fiscal year there were in
existence 27 different leases, and the total gross revenue received
by the Government was only $4,500, and in a number of instances
in the past the Government has been compelled to resort to suits
against lessees to collect the rental. While many applications
would be made for permission to use Government water power, if
no charge was made therefor, it is believed that few leases would
be made, and then only at favored localities, if adequate compen-
sation were exacted. In the river and harbor act of June 13, 1902,
Congress authorized the leasing of water power at the locks and
dams on the Cumberland River. Before the enactment of this
law a number of persons appeared to be desirous of using water
power in this river, but although the law has been in existence
more than two years not a single lease has been applied for or
granted. If, however. Congress should decide to adopt this policy,
I beg to recommend that the legislation take the form of the
accompanying draft of a bill which, in my opinion, is so drawn
as amply to protect the interests of the Government.

6. Regarding the proposition to empower the Secretary of War
to authorize the use and development of water power at localities
not improved by the United States, it should be borne in mind
that natural water power, that is, power made available by the
existence of natural falls and rapids in a river, is appurtenant to
riparian ownership, and the right to use it is governed by State
laws on the subject of private property. As above set forth, the

RIVERS, HARBORS, AND CANALS. 87

Federal Government can regulate and control it only to such ex-
tent as may be necessary in the interest of navigation. Sections 9
and 10 of the river and harbor act of March 3, 1899, cover cases of
this kind, and under this law the interests of the Government can,
in my opinion, be better protected than by a law general in its
scope, as contemplated by the bill. I do not favor the proposed
legislation, but if any is'enacted it should be permissive in its
character, simply giving the consent of Congress, with suitable
limitations, to the erection of the necessary structures in navigable
streams for the development of water power, this consent to be
executed through the Chief of Engineers and the Secretary of
War, to whom should be left entire control in the matter of plans
and details. A draft of a bill embodying these views is submitted
herewith for the consideration of the committee.

Very respectfully,

A. Mackenzie,
Brig. Gen., Chiff of Engineers, U. S. Army.

(Cir. 14, C. of E., 1905.)

109. Citations:

(a) No Executive Department of the Government can give
private parties the exclusive privilege of harvesting ice from
any part of a navigable river of the United States. (Dig. Op.,
J.A.G., 1795.)

(6) A contractor engaged upon river and harbor work for
the Government may obstruct navigation to the extent neces-
sary to do his work, if such obstruction can not reasonably be
avoided. He is, however, liable both civilly and criminally
for an unauthorized obstruction, and the Secretary of War is
without authority to relieve him from such liability. (Dig.
Op., J. A. G., 1497.)

PUBLIC HEARINGS IN GENERAL.

170. General instructions in the case of bridges. — When-
ever complaint is made that a designated bridge over a navigable
waterway of the United States is an obstruction to navigation, the
Chief of Engineers shall refer such complaint to the engineer
officer in charge of the district in which the bridge is situated,
who shall personally inspect and investigate the same and report
thereon. If he finds the bridge an unreasonable obstruction to

88 RIVERS, HARBORS, AND CANALS.

navigation he shall specify the character of the obstruction and
the changes necessary to render navigation through or under the
bridge reasonably free, easy, and unobstructed, and state what
will be a reasonable time in which to make them. If the Secre-
tary of War believes it an unreasonable obstruction, the matter
will be again referred to the engineer officer, who shall give the
owners and controllers of the bridge, as well as the complainants,
and all known parties in interest, a reasonable opportunity to be
heard.

The notice shall state when and where the hearing will be and
the changes required, and the time considered reasonable to make
them in. It shall specifically designate the particular locality,
street, number, and room in the city, town, or village where the
hearing is to be held. It shall also state whatever else the Secre-
tary or Chief of Engineers may suggest for the particular case.
The hearing shall be had before the engineer officer in charge, or
before a Board of Engineer Officers as the Chief of Engineers may
direct. Every party in interest shall have a reasonable opportun-
ity to be heard. The evidence, statements, propositions, and ar-
guments shall be required to be in writing, but no interested party
shall be denied being heard orally if insisted upon. A full report
of the hearing shall be made to the Chief of Engineers, who will
submit it with his views and recommendations to the Secretary of
War for his action.

(G. O. 6, modified by G. O. 8, C. of E., 1891; 26 Stats., 453; 30
Stats., 1153.)

171. Form of notice:

[Notice of Hearing.]
To

Whereas the Secretary of War has good reason to believe
that the bridge over

is an unreasonable obstruction to the free navigation of

on account of - .

It is proposed to require the following changes to be made in
said bridge by the day of ,19 , to wit:

In order to give you an opportunity to be heard as required
by the act of Congress approved March 3, 1899, you are hereby

RIVERS, HARBORS, AND CANALS. 89

notified that a hearing will be had before ,

, at

, in

at o'clock m., on the day of 19 ,

where and when you will be given an opportunity to be heard in
the matter. As all the papers will be laid before the Secretary of
War for his decision it will perhaps best suit your purpose to sub-
mit in writing whatever you may wish to present.
By authority of the Secretary of War.

[Affidavit of Service of Notice, Indorsed on First Fold of

THE KOTICE of HeaRING.]

Vss.

being duly sworn, on his oath

states that he made service of the within on the*

bj^ personally delivering a copy thereof to t of

said co;npany at , on the .day

of ,19 .

Subscribed and sworn to this day of .

19 , before me.

Copies of the above form (No. 26) will l^e furnished by this
office when required.

(G. O. 6, modifieti by G. O. 8, C. of E., 1891.) S

172. Object. — Public hearings regarding matters in which the
interests of navigation are involved are frequently directed by the
War Department to be held by district officers. The object of
such hearings is: First, to give the public an opportunity to hear
all the evidence in the case, and to express its views frankly,
fully, and publicly upon the expediency and advisability of the
particular work which is the cause of the hearing; second, to
secure all available facts bearing upon the matter for the informa-

*Name of company. fName of proper official.

90 RIVEKS, HARBORS, AND CANALS.

tion of the reviewing authority, so that speedy action may be
taken by the Secretary of War when the papers are submitted to
him for consideration. (Cir. 25, C. of E., 1902.)

173. Publicity. — To insure the fullest attendance the district
officers will give the greatest possible publicity to the proposed
hearings, and at the opening of the proceedings will read each and
every paper bearing on the case, previously received, and invite
from every person present a thorough and candid discussion of the
pending matter in all its bearings. (Cir. 25, C. of E., 1902.)

1 74. Delays for additional evidence.— If it be alleged by any-
one present at the hearing that important evidence exists which
is pertinent to the inquiry, but can not be prepared properly in
time for presentation at the hearing, the district officer may at his
discretion either adjourn the hearing for a reasonable period or
may delay transmitting his report until after the receipt of the
evidence and its examination by the opposition. (Cir. 25, C. of E.,
1902. )

175. Decision upon evidence and arguments presented to
he final. — The district officer will keep in mind the main object
of the hearing, and impress upon all interested parties that it is
the intention of the Department that the matter in question be
completely and finally settled upon the evidence and arguments
presented at the hearing, and that ex parte evidence and arguments
will not be entertained later by the reviewing authorities. ( Cir.
25, C. of E., 1902.)

PROSECUTIONS FOR VIOLATIONS OF LAW.

176. District attorney to be informed of violations.— Sec-
tion 17 of the river and harbor act of March 3, 1899 (30 Stats.,
1153) makes it the duty of officers and agents having the super-
vision of works in progress for the preservation and improvement
of the navigable waters of the United States to enforce the pro-
visions of the act by giving information to the district attorney of the
United States for the district in which any violation of the provi-
sions of this act shall have been committed. (G. 0. 2, C. of E.,
1892, modified to date. )

RIVERS, HARBORS, AND CANALS. 91

177. Engineer officers not to demand reparation.— All offi-
cers of the Corps of Engineers and agents of the Engineer De-
partment are prohibited from demanding of any person or per-
sons who may have committed any violation of the provisions of
the act any sum of money or any reparation whatever because
of said violation, or because of any damage arising within the pro-
visions of this act or otherwise. (G. O. 2, C. of E., 1892.)

178. Information to be fnruished direct to the district
attorney. — Section 771, Revised Statutes, makes it the duty of
every district attorney to prosecute in the district to which he is
appointed all delinquents for crimes and offenses cognizable under
the authority of the United States. If evidence presented by
officers tends to show a violation of law, the district attorney is
authorized to begin prosecutions without specific instructions from
the Attorney-General.

Violations of the laws for the preservation and protection of
navigable waters coming to the knowledge of officers will be
promptly reported by them to the proper United States district
attorney, with such evidence as may be in their possession. For
the information of the Department of Justice a statement of each
case, in duplicate, will be forwarded to the Chief of Engineers,
together with copies, in duplicate, of any correspondence had with
the district attorney in relation thereto.

(Cir. 17, C. of E., 1897; circular letter of Oct. 19, 1905, E. D.
57216. )

COMMERCIAL STATISTICS.

179. To be fnrnished by owners, agents, etc., of Tessels:

AN ACT to facilitate the collection of commercial statistics required by section
two of the river and harbor appropriation acts of eighteen hundred and
sixty-six and eighteen hundred and sixty-seven.

Beit enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That owners, agents, mas-
ters, and clerks of vessels arriving at or departing from localities
where works of river and harbor improvement are carried on
shall furnish, on application of the persons in local charge of the
works, a comprehensive statement of vessels, passengers, freight,
and tonnage.

92 RIVERS, HARBORS, AND CANALS.

Sec. 2, That every person or persons offending against the pro-
visions of this act shall, for each and every offense, be liable to a
fine of one hundred dollars or imprisonment not exceeding two
months, to be enforced in any district court in the United States
within whose territorial jurisdiction such offense may have been
committed.

Approved, February 21, 1891.

(Cir. 2, C. of E., 1891; 26 Stats., 766.)

180. To be furnished to newspapers.— Officers will furnish
monthly to newspapers, upon application, statistics of number of
passengers and tons of freight passing through canals and up and
down rivers in their charge. (Cir. 8, C. of E., 1897.)

181. To be furnished to Bureau of Statistics.— When

monthly statistical reports are received, officers will send to the
Bureau of Statistics, Department of Commerce and Labor, at the
end of each month, the totals of the different classes of freight
passing at the more important locks. (Cir. 4, C. of E., 1902.)

COOPERATION WITH COAST AND GEODETIC SURVEY.

182. Information to be furnished by Engineer Depart-
ment.— Oflicers having charge of improvements of rivers and har-
bors included in charts of the United States Coast and Geodetic
Survey will send to this office, from time to time, as results are
accomplished, or changes discovered, for transmission to the Super-
intendent of the Coast and Geodetic Survey, a description of
improvements effected in those waters, or of changes in channel
location and depth, with such maps (tracings or blueprints) and
such other information as may be necessary to permit the existing
charts to be corrected to date. When surveys of those w^aters are
made, a blueprint of the map will be sent in each case for the above
purpose. All maps should contain sufficient data to permit the
fixed plane of reference, bench marks, base lines, etc., to be deter-
mined and located from them at any time without reference to
notebooks. (Par. 2, Cir. 20, C. of E., 1904.)

183. Data to be furnished by Coast Survey. — Should a resur-
vey of any body of water, which has previously been mapped by

RIVERS, HARBORS, AND CANALS. 93

the Coast and Geodetic Survey, become desirable, the Superin-
tendent of the Coast and Geodetic Survey will furnish all availa-
ble data relating to the earlier survey on application through this
office. (Par. 3, Cir. 20, C. of K, 1904.)

184. Information as to removal of wrecks, etc.— In the case
of the removal of a wreck or other obstruction to navigation,
information as to the name of the vessel, its class, approximate
location, low-water depth at spot after removal, date of removal,
and any further details which may be available, will be furnished
for transmission as above. (Par. 4, Cir. 20, C. of E., 1904.)

185. Triangnlation stations to be shown on maps of Engi-
neer surveys. — Where no unreasonable expenditure of time or
labor is involved, officers will record and show on the maps pre-
pared under § 182 one or more triangulation stations of the Coast
and Geodetic Survey. Geographic data and descriptions concern-
ing such stations will he furnished by the Coast and Geodetic Sur-
vey. (Cir. 24, C. of E., 1903.)

ACQUISITION OF LAND.

180. General statements.— Under R. S. 355, "No public
money shall be expended upon any site or land purchased by
the United States for the purpose of erecting thereon any armory,
arsenal, fort, fortification, navy-yard, custom-house, light-house,
or other public building of any kind whatever until the written
opinion of the Attorney-General shall bfi had in favor of the
validity of the title," and by the proviso in the act of March 2,
1889, 25 Stats., 941, "hereafter in the procurement of sites for such
public buildings it shall be the duty of the Attorney-General to
require of the grantors in such case to furnish free of all expenses to
the Government all requisite abstracts, official certifications, and
evidences of title that the Attorney -General may deem necessary."

Evidences of title are required to be furnished under such rules
and regulations as the Attorney-General may direct, one of which
is that a deed of the property shall be prepared and "submitted
by the grantor for acceptance" on the part of the Government
when the validity of the title to the land is established.

94 RIVERS, HARBORS, AND CANALS.

The delivery of the deed to the officers of the Government is not
an acceptance of title at the time of the delivery. The deed is
submitted for acceptance provided that the title proves to be good
in the proposed grantor on investigation of same as provided by
R. S. 355.

While delivery is essential to the transfer of title it is not the
completion of same. Title vests in the grantee when he accepts a
duly executed deed. (Hanfes v. Schultz, 2d 111. App., 196, and
A. & E. Ency. of Law, 2d ed., p. 161.)

Executed deeds are delivered in execution of contracts to sell
property to the Government, with the intention that they shall
become presently operative when the Attorney-General approves
of the titles. (See opinion of the court in Ryan v. U. S., 136
U. S., p. 86.)

The Government has no right to enter and take possession be-
fore the approval of the title by the Attorney-General. A vendee
under an executory contract can not maintain ejectment against
his vendor.

In order to enforce a specific performance by ejectment the
vendee must have paid or tendered the purchase money. (War-
velli on Vendors [1902], 2d vol., p. 1048, sec. 887; Vincent v.
Huff, 4 Serg. & R. Pa., p. 298, and Bell v. Clark, 111 Pa. St.,
p. 92.)

(Cir. 9, C. of E., 1904.)

187. Taxes. — Until a title is examined and approved by the
Attorney-General according to law no acceptance of the deed takes
place, the property remains vested in the proposed grantor, and
does not come into possession of the Government until that time;
therefore any taxes which may become due before the approval
of the title by the Attorney-General and payment of the purchase
money are payable by the owners of the property. ( Cir. 9, C. of E. ,
1904.)

188. Taxes may be paid by U. S. if stipulated in writing
as a part of tlie purcliase price. — Officers in charge of river
and harbor works are authorized, in making contracts for the
purchase of land needed in the prosecution of such works, to
enter into a stipulation in writing that, in addition to the price

RIVERS, HARBORS, AND CANALS. 96

agreed uix)n to be paid for the land, the Government shall dis-
charge any taxes that may be lawfully assessed against the prop-
erty between the date of the execution and delivery of the deed
of conveyance and the payment of the purchase money. (Cir. 9,
C. of E., 1904.)

189. Statement required as to price agreed upon for pur-
chase.— In all requests for authority to purchase land by volun-
tary agreement with the owner, the Chief of Engineers desires that
officers specifically state, for the information of the Secretary of
War, that the price agreed upon and recommended to be paid is
reasonable and the best obtainable under all the circumstances.
(Cir. 11, C. of E., 1904.)

190. Citations:

(a) For provisions of law regarding the acquisition of land
for use in connection with the improvement of rivers and har-
bors, see 25 Stats., 94, or 1 Sup. R. S., 584; 25 Stats., 357, or
1 Sup. R. S., 601; and R. S. 355, 3736.

(b) In the absence of an appropriation for the works, or
express authority from Congress, the Secretary of War is pro-
hibited by R. S. 3736 from acquiring lands for river and har-
bor improvements. (Dig. Op., J. A. G., 1491.)

(c) The expense of procuring an abstract of title to land
owned by the United States is payable from the appropriation
for contingencies of the Department procuring the abstract.
(5Comp. Dec, 62.)

(d) In a suit in a United States court brought to condemn
land for use in connection with the work of improving a river,
the expenses of taking the jury to view the land are payable
from the appropriation of the Department of Justice made for
the expenses of United States courts, and not from the War
Department appropriation for the improvement in connection
with which the land is needed. (2 Comp. Dec, 201. )

(g) The owner of lands flooded by dams constructed in
improving navigation is entitled to compensation for damages
sustained by such flooding. The Secretary of War has au-
thority, under the act of April 24, 1888 (25 Stats., 94; 1 Sup.
R. S., 584), to purchase lands flooded by dams constructed in

96 RIVERS,

river and harbor improvements, or the right to flood the
same, and where springs are located on such lands this fact
may properly be considered in determining the amount to be
paid. (Dig.' Op., J. A. G., 1492.)

(/) The Secretary of War is authorized to acquire, by pur-
chase or condemnation, land, right of way, or material needed
to maintain, operate, or prosecute works for the improvement
of rivers and harbors when provision for the same has been
made by law. But he can not lease land unless appropriation
has been made to pay the rental thereof. He may permit the
use of land under his control by revocable license or by lease
under the act of July 28, 1892. (Dig. Op., J. A. G., 2307.)

(g) No public money to be expended upon any site or land
purchased by the United States for the purposes of erecting
thereon any armory, arsenal, fort, fortification, navy-yard,
custom-house, light-house, or other public building, of any
kind whatever, until the written opinion of the Attorney-.
General is had in favor of the validity of the title, nor until
the consent of the legislature of the State in which the land
or site may be, to such purchase, has been given. (R. S. 355;
A.R. 708.)"^

GENERAL CITATIONS AND CROSS REFERENCES.

191. (a) Every project for any special work to be accom-
panied by an itemized estimate of cost. (Par. II, G. O. 1,
C. of E., 1868,— §6.)

(6) Public works to be inspected at least once a year, and,
when completed, by an officer of the Corps of Engineers duly
designated. (E. R. 9.)

(c) As to reports of names, etc., of civilian engineers em-
ployed on river and harbor works, to be submitted annually,
see E. R. 19.

(d) Statements to be rendered annually at the close of the
calendar year, showing balances in the Treasury pertaining to
appropriations for river and harbor works. (Cir. 25, C. of E.,
1903,— §335.)

(e) As to rendition of monthly and annual reports of opera-
tions, see Cir. 2, 1896, and Cir. 6, 1901, C. of E.,— §§ 38,
42-46.

RIVERS, HARBORS, AND CANALS. 97

(/) For general provisions regarding contracts and other
methods of procuring supplies and executing work in connec-
tion with river and harbor improvements, see G. 0. 4, 1901;
G. O. 3, 1902; and G. O. 5 and 6, 1905, C. of E.,— §§ 251-259.

{(j) Officers in charge of river and harbor works in the
United States to keep in their possession at any one time only
so many surveying instruments as are in actual use, as may
be needed for probable emergencies, or as will certainly be
required for use within the next succeeding four months.
(Cir. 6, 1871, and Cir. 15, 1904, C. of E.,— § 364.)

{h) Appropriations for continuing the improvement of
rivers and harbors, not being limited to a particular fiscal
year and being made (by section 5 of the act of June 20, 1874)
available until otherwise ordered by Congress, may be used
for the payment of expenses properly incurred at any time
after the work for which they are made was authorized.
(2Comp. Dec, 496.)

(?) An appropriation made for the improvement of a river
by dredging the channel can not be used to build a training
wall as a part of the improvement. (3 Comp. Dec, 32.)

(,;) For certain provisions of law regarding navigation on
the Great Lakes and their connecting and tributary waters,
see act approved Feb. 8, 1895; 28 Stats., 645, or 2 Sup. R. S.,
370.

(k) For provisions of law r^arding harbor lines, see sec. 5,
act of July 13, 1892 (27 Stats., Ill, or 2 Sup. R. S., 30), and
sec 11, act of March 3, 1899 (30 Stats., 1151, or 2 Sup. R. S.,
996.)

(/) For opinions of the Judge- Advocate-General of the
Army regarding licenses gmnted by the United States to do
certain acts on land owned by the Government, see Dig. Op.,
J. A. G., 1599-1616.

(m) For decision of the Comptroller of the Treasury regard-
ing an exchange of old material for services, or articles, under
act of June 13, 1902 (32 Stats., 373), see 9 Comp. Dec, 311,—
§ 370 L

(n) For opinions of the Judge- Advocate-General as to w^hat
constitute navigable waters of the United States, see Dig. Op.,
J. A. G., 614, 1777.

24390—06 7

CHAPTER VII.

TRAVEL AND TRANSPORTATION,

TRAVEL BY OFFICERS.

192. Necessity for travel. — Applications to the Chief of Engi-
neers for orders to travel, in addition to the requirements of
General Orders, No. 3, 1880 H. Q. C. of E., (§§ 194, 195), will
contain a certificate of the following form: "This travel is neces-
sary for the public service." (Par. 1, G. O. 6, C. of E., 1882.)

193. General authority not to be given.— The regulations
respecting orders to travel on duty contemplate that, as a rule, an
order shall cover a single journey only. General authorities to
officers to visit their works, or make other journeys at their dis-
cretion, will not be issued, (Par. 2, G. 0. 6, C. of E., 1882.)

194. Prior order or subsequent approval necessary.—

Travel must be covered by a specific order issued prior to the
commencement of the journey. Such orders will be issued only
where the journey is on account of, and indispensable to, the pub-
lic service.

Where urgent public duty requires travel without previous
orders, the case must be reported without delay to the proper
superior, whose approval, in subsequent orders, shall be accepted
in lieu of a previous order in the case.

In every case where the necessity for a journey on duty con-
nected with any of the works of the Engineer Department can
be foreseen in time to receive an answer before the desired date
of departure, the order contemplated in the above extract will be
asked for.

TRAVEL AND TRANSPORTATION. 99

In any case where the necessity for a journey can not be fore-
seen in time to receive an answer before the desired date of
departure, the journey will be made and approval will be requested,
as stated above.

In the former case the intended date of departure will be stated
approximately. In the latter case the dates of departure and
return to station, and the fact that the necessity for the journey
could not have been foreseen will be stated, and in either case,
the reasons for the journey will be set forth in such manner that
the Chief of Engineers may judge of the necessity for the journey.
(G. O. 3, C. of E., 1880; E. R. 5.)

195. Visits to works on same general route.— Visits to works
upon the same general route of travel will be made as far as prac-
ticable in the same journey, and separate orders to visit such
works should not be asked for, except in cases where the interests
of the service make separate journeys indispensable. (G. 0. 3,
C. of E., 1880.)

196. Applications for orders. — Applications for travel orders
will be forwarded direct to the Chief of Engineers. (G. O. 12,
C. of E., 1901.)

197. Payment of mileage.— Officers of the Corps of Engineers,
or those on Engineer duty, traveling on service connected with
works of public improvement which are not of a military nature,
will be paid their travel allowances from the special apjiropriations
for the work. When traveling on duty connected with fortifica-
tions, or on any other military duty, the mileage will be paid by
the Pay Department. (A. R. 1536, modified to date in accord-
ance with decision of the Comptroller of the Treasury, published
inCir. 23, C. of E., 1905.)

19S. Travel to the Philippine Islands.— Oflicers of the Army
who are individually ordered to proceed to the Philippines Divi-
sion will, immediately after receiving their orders, apply to the
Quartermaster-General of the Army for transportation on the
army transport upon which such orders require them to embark,
or on the first transport to leave San Francisco, California, after
their arrival at that place.

100 TRAVEL AND TRANSPORTATION.

Officers who are on leave of absence in the United States and
who are required to return to the Phihppine Islands will apply,
at the earliest date practicable, to the Quartermaster-General of
the Army for transportation to Manila on the first transport to
leave San Francisco after the expiration of their leaves of absence.
Officers who fail through their own neglect to secure transporta-
tion on the first transport sailing after the expiration of their
leaves will be required to return to Manila, at their own expense,
upon the first commercial vessel leaving San Francisco after the
departure of the transport upon which they should have secured
accommodations.

(Par. I, G. O. 182, W. D., 1905.)

199. Citations and cross references:

(a) As to travel on duty by officers, see A. R. 68-75.

(b) For general provisions regarding mileage for officers
traveling on military duty, see A. R. 1307-1326,— Par. 1316
amended by G. O. 189, W. D., 1904, and Par. 1320, by G. O.
135, W. D., 1905.

(c) If an officer is traveling on a transport on which troops
are not being transported, — the officers and men constituting
the regular personnel or staff of the transport, and detach-
ments of less than ten armed or unarmed men, such as guards
and nurses for disabled or insane officers or soldiers or escorts
for inspectors, paymasters, or others, or the public funds
and property in their charge, being disregarded, — he is not
traveling with troops within the meaning of the laws and
regulations. (Cir. 10, W. D., 1905.)

{d) As to orders by the Chief of Engineers for travel, or
subsequent approval thereof by him, see E. R. 5.

(e) As to travel by members and associates of The Board of
Engineers, see E. R. 16.

(/) Mileage to the division engineer to be paid by the dis-
trict officers from the proper appropriations, except when
journey pertains to fortifications or other military duty, when
it will be paid by the Pay Department. (G. O. 9, 1901, and
Cir. 23, 1905, C. of E.,— § 114.)

(g) When property is to be inspected, information as to its
location and the best way to reach it should be furnished the
inspecting officer. (Cir. 3, C. of E., 1898,— § 375.)

TRAVEL AND TRANSPORTATION. 101

(/».) As to visits by officers to works within, and works with-
out, their districts, see Cir. 6, C. of E., 1896,— §§ 517, 518.

(i) An oflBcer who is ordered to change station while he is
on leave of absence is entitled to mileage from the place of
the receipt by him of the order to his new station. (Cir. 19,
W. D., 1905.)

(j) Officers on leave of absence may visit Mexico, Canada,
Porto Rico, and Hawaii without special permission from the
War Department. (Cir. 9, C. of E., 1905,— § 520.)

(k) A charge for eight days' board by an officer of the Army
who was delayed in New York City awaiting the sailing of
the steamer, while en route from Washin^n, D. C, to Puerto
Principe, Cuba, under orders, is warranted by General Orders,
No. 68, A. G. O. of 1899. (See A. R. 1308). (5 Comp. Dec,
903.)

(l) The expense for transportation to a point not located on
a railroad incurred by an officer of the Inspector-General's
Department in insi)ecting unserviceable river and harlx)r ma-
terial is properly payable from the appropriation for the
river and harbor work. (3 Comp. Dec., 3. )
, (m) For decisions of the Comptroller of the Treasury regard-
ing mileage for travel over land-grant and bond-aided roads,
see 5 Comp. Dec, 196, 364.

{n ) For decisions of the Comj^troller of the Treasury regard-
ing the payment of mileage to officers of the Army while
traveling under orders while on leave of absence, see 8 Comp.
Dec, 161; 10 do., 113; 11 do., 537.

(o) For certain decisions of the Comptroller of the Treas-
ury regarding the general subject of mileage and travel allow-
ances to officers, see 1 Comp. Dec, 115, 118; 2 do., 544; 3 do.,
128, 210; 4 do., 175, 429; 5 do., 55, 70, 664, 687, 691, 705, 721,
955, 958; 6 do., 351, 479, 578, 622; 10 do., 51, 396; 11 do., 178.

TRAVEL OF CIVILIAN EMPLOYEES.

200. Beyond limits of district.— Journeys made by civil
employees under the Engineer Department which take them
beyond the limits of the district in which they are employed
require the antecedent authority of the Chief of Engineers, except
in emergency, when approval of the journey will be requested by

102 TRAVEL AND TRANSPORTATION.

the district officer, with the usual gtatement that the emergency
was such that antecedent authority could not be obtained.

Requests covering journeys of this character should invariably
include the statement that the travel is, or was, necessary for the
public service.

Certified copy of the authority or approval should be attached
to the travel-expense voucher.

(Cir. 14, C. of E., 1904.)

201. Expenses of civilian electricians. — Travel expenses of
civilian electrician experts, on duty under the Chief of Artillery,
will notbQ paid from Engineer-Department appropriations. (Cir.
13, C. of E., 1903.) ■

202. Citations and cross references:

{«) For general provisions regarding the travel of civilian
employees, see A. R. 735-742,— -Par. 736 amended by G. 0. 207,
W. D., 1905.

{b) Civilian employees are entitled to actual traveling ex-
penses for travel on duty under orders. (E. R. 34.)

(c) As to payment of traveling expenses of civilian em-
ployees in cases of transfers, see Cir. 3, C. of E., 1896, — § 491.

{d) Discharged civilian employees who are entitled to
return transportation to the United States must avail them-
selves of the privilege by the first available army transport.
(Par. 1, G. O. 166, W. d!, 1905.)

(e) For provisions regarding the traveling expenses of civil-
ian employees summoned as witnesses before military courts^
see A. R. 998.

(/) A clerk who is ordered to a new station and is granted
leave of absence, and who at the expiration of such leave pro-
ceeds to his new station, is entitled to traveling expenses not
to exceed the amount which it would have cost him to pro-
ceed directly to his new station. (8 Comp. Dec, 189.)

{g) An employee appointed or employed while in Wash-
ington, D. C, as a stenographer and typewriter at Portland,
Me., is not entitled to traveling expenses for proceeding to
his place of service, the contract with him not having pro-
vided therefor. (5 Comp. Dec, 179; see also 5 Comp. Dec.
662.)

TRAVEL AND TRANSPORTATION. 108

(h) For decisions of the Comptroller of the Treasury re-
garding the traveling expenses incurred by civilian emplyees
while on leave of absence, see 8 Comp. Dec, 161; 9 do., 614;
11 do., 705.

(i) Ordinarily the cost of lodging incurred by an employee
while traveling will be regarded as pertaining to the day in
which the night for which the lodging was procured began.
(7 Comp. Dec, 338.)

(j) For certain decisions of the Comptroller of the Treasury
upon the general subject of the traveling expenses of civilian
employees, see 5 Comp. Dec, 369; 6 do., 672; 8 do., 328; 9
do., 105, 156, 359; 11 do., 190, 339, 442, 683.

ENGINEER-DEPARTMENT TRANSPORTATION REQUESTS.

203. Blank requests to be supplied on requisition.— Blank

requests for transportation will be issued to disbursing officers and
agents of the Corps of Engineers, on their requisition, which may
be used for travel in connection with works of fortification and
river-and-harbor improvements. (Par. 2, Cir. 15, C. of E., 1897,
modified by army appropriation act of March 15, 1898, — 30 Stats.,
321.)

204. When not to be used.— These requests will not be used
in connection with travel on duty which is purely military, nor
in connection with travel by officers on duty connected with for-
tifications. For journeys of this nature transportation, in kind,
may be procured from the nearest officer of the Quartermaster's
Department, and be paid for by that Department. (Par. 3, Cir.
15, O. C. E., 1897, modified by Cir. 23, C. of E., 1905,— § 197,— and
by anny appropriation act approved March 15, 1898, — 30 Stats.,
321. )

205. Routes of trarel. — The requests will be filled out in full,
and will clearly designate the various lines over which the journey
is to be made, and in every case the roads which furnish the low-
est through rate between the terminal points of the journey will
be selected. Preference will be given to land-grant and bond-aided
roads whenever practicable. (Par. 4, Cir. 15, C. of E., 1897.)

104 TRAVEL AND TRANSPORTATION.

206. Date of order for travel, etc., to be shown.— Across the

face of the request the date of the order covering the journey, or
the date of approval of the journey, will be written in red ink.
(Par. 4, Cir. 15, C. of E., 1897.)

207. By whom payment is to be made. — The requests will be
payable by the officer or agent who has to his credit the appro-
priation chargeable with the journey. Payments for requests
should be made on the ordinary voucher, to which should be
attached the request. When travel, or any part of it, covered by
a particular request, has been over land-grant, bond-aided, or 50-
per-cent roads, the requests, accojnpanied by a bill for the service
showing the proportionate share of each road when more than one
road is concerned, will be forwarded for settlement by the Treas-
ury Department. (Pars. 6 and 7, Cir. 15, C. of E., 1897.)

208. Separate settlements with each road. — If the carriers
prefer that a separate settlement be made with each road forming
part of the through line, that course may be pursued. In such
event the initial company will bill only for its proportion and
state on the bill the through rate and the proportions accruing to
each line of road, the sum of which makes the through rate.
Vouchers accompanied by bills and properly signed will warrant
payment to the separate companies, reference being made to the
voucher to which the request is attached. (Par. 8, Cir. 15, C. of E.,
1897.)

(a) Cross reference: Through transi)ortation requests should
be issued in all instances covering service from stated point
to destination. (Cir. 18, C. of E., 1902,— § 237. j

209. Care of blank requests. — Officers and agents are cau-
tioned to exercise the same care of these requests as is taken of
check books. At the close of each month officers and agents
having blank requests in their charge will render with their money
accounts a statement showing the number of requests used during
the month, and will forward all mutilated requests or such as have
been filled out and are not to be used to this office, with the word
"canceled" written on the face of the request over the officer's
signature. (Par. 9, Cir. 15, C. of E., 1897.)

TRAVEL AND TRANSPORTATION. 105

210. Travel by civilian employees.— These requests should
be used for travel of civilian employees on duty connected with
fortifications or other military work over any of the land-grant
or bond-aided railroads. When civilian employees travel under
proper orders on duty connected with purely civil works over any
railroad, it will not be necessary to issue transportation requests
for such travel. Under such circumstances the civilian employees
may pay their fare and be reimbursed in the usual manner. They
are also to be used for sleeping and parlor car transportation au-
thorized by A. R. 1134, as amended by G. O. 53, W. D., 1906.
(Par. 10, Cir. 15, C. of E., 1897, modified by Cir. 12, C. of E.,
1901.)

211. Printed copies of requests.— Printed copies of the re-
quests, not good for transportation, will be furnished for the in-
formation of railroad officials, and it is considered advisable that
the passenger agents of the roads on which these requests are to
be drawn should be supplied with a sufficient numl^er of such
printed copies for the information of the local agents. (Par. 11,
Cir. 15, C. of E., 1897.)

212. Requests upon' The Pullman Company.— Transporta-
tion requests for accommodations on cars of The Pullman Com-
pany should be drawn in favor of "The Pullman Company."
(Cir. 1, C. of E., 1900.)

213. Citations:

(«) When transportation is furnisheil to officers for travel
over free, land-grant, or bond-aided railroads, transportation
requests must Ixj used. (A. R. 1307.)

{b) For tables of land-grant and bond-aided railroads and
general provisions, etc., regarding same, see G. O. 140, A. G.
O., 1899, amended by G. O. 47, A. G. 0., 1901, by G. O. 114,
A. G. O., 1901, and by G. 0. 178, W. D., 1905.

ACCOUNTS FOR TRANSPORTATION SERVICE.

214. Original bills of lading, etc., to be filed.— Original
bills of lading or express receipts should be filed with all accounts
for transportation service. (Par. 1, Cir. 8, C. of E., 1899.)

106 TRAVEL AND TRANSPORTATION.

215. What bill of lading, etc., should show.— The date of
shipment, shipping point, destination, name of consignor and
consignee, weight (or quantity), rate, kind of property, receipt of
consignee with condition of property when delivered to him, and
amount charged, should be shown on bill of lading or otherwise
for each shipment, whether by ordinary freight or express.

The kind of property and the use for which intended should be
detailed sufficiently to indicate clearly the classification and rate
of charge, and the appropriation chargeable with the cost of trans-
portation.

(Pars. 2 and 3, Cir. 8, C. of E., 1899.)

216. Erasures, etc., to be explained. — Erasures, interlinea-
tions, or alterations in bills of lading should be explained thereon
by the proper person over his signature. (Par. 5, Cir. 8, C. of E.,

1899.)

217. Private property shipped at (government expense. —

When private property is shipped at Government expense it
should be so indicated, and the reason and authority therefor
should be shown. (Par. 6, Cir. 8, C. of E., 1899.)

218. Shipments by express. — Whenever regulations of a de-
partment or service require the necessity or authority for ship-
ment by express to be shown, such regulations will be strictly en-
forced. (Par. 7, Cir. 8, C. of E., 1899.)

Citations:

(a) The prepayment to an express company of charges for
transportation is prohibited by section 3648, Revised Statutes,
which provides that "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 services rendered or of the
articles delivered previously to such payment." (4 Comp.
Dec, 544.)

(b) Charges by the Adams Express Company for trans-
portation for the Government over land-grant railroads are
not subject to deduction on account of aid received by such
railroads by grant of land. (7 Comp. Dec, 334.)

TRAVEL AND TRANSPORTATION. 107

219. Evidence as to rates chargred the pnblic.— The pub-
lished tariffs effective at the time of sliipment should be referred
to by number or other convenient designation and furni.<ihed to
the accounting officers of the Treasury whenever requested. In
the absence of published tariffs, other satisfactory evidence of the
rates charged the public should be furnished. (Par. 8, Cir. 8,
C. of E., 1899.)

220. Bill of lading to accompany accounts.— The bill of
lading should be furnished with the accounts transmitted to the
Treasury Department, or its absence satisfactorily accounted for.
(Par. 9, Cir. 8, C. of E., 1899, modified to date.)

221. Loss of bill of lading or express receipt —In case of
the loss of a bill of lading or express receipt, satisfactr)ry evidence
of its loss and of the facts required to be substantiated by it should
be furnished. (Par. 10, Cir. 8, C. of E., 1899.)

222. Payment by disbursing officers.— Payment by disburs-
ing officers should be by check on a designated depository, and
should be drawn to the order of the person, linn, or corporation
rendering the service, which fact, with the date and number of
check and name of depository, should be stated on the voucher:
Prorided, That in case of a small payment for an occa.sional serv-
ice, when it is impracticable to issue a check as above indicated,
the receipt of the company by its local agent, when the disburs-
ing officer is satisfied that the person receiving and receipting fs
such local agent, will, in the absence of any counter evidence, be
accepted. (Par. 11 , Cir. 8, C. of E. , 1 899. )

223. Accounts of bond-aided and ftfty-per-cent roads. —

Accounts involving transportation over the bond-aided and fifty-
per-cent railroads should be forwarded to the Chief of Engineers
for settlement by the Treasury Department. In no case should
they be paid by disbursing officers. (Par. 12, Cir. 8, C. of E.,
1899; Cir. 16, C. of E., 1889.)

224. Bond-aided and land-grant roads to be used when
practicable. — Public policy and regard for economy in the serv-
ice dictate that the bond-aided and land-grant railroads should be

108 TRAVEL AND TRANSPORTATION.

used whenever practicable unless as favorable rates for the Gov-
ernment are obtained from other lines. (Par. 14, Cir. 8, C. of E.,
1899.)

226. Citations:

(a) No deduction is required to be made in freight charges
over a line of railroad not aided by the Government, although
owned and operated by a land-grant road. (1 Comp. Dec,
391.)

(&) For decision of the Comptroller of the Treasury regard-
ing the settlement of charges for transportation, part of which
was over a bond-aided or land-grant railroad, of envelopes
shipped by the contractor to the purchasing officer, see Cir.
9, C.of E., 1900.

226. Shipments by the Qnartermaster's Department. —

Under the provisions of the act of July 5, 1884 (23 Stats., Ill), the
Quartermaster's Department of the Army will ship all freight
that may be delivered to it, securely packed and properly marked
by any Government officer or agent. The facilities thus provided
may in many cases be utiHzed with advantage. (Par. 15, Cir. 8,
C. of E., 1899.)

22 7. (General provisions. — The evidence above required should
be furnished with all accounts for transportation service, whether
by ordinary freight or express. (Par. 16, Cir. 8, C. of E., 1899.)

228. Citations and cross references:

(a) For regulations regarding transportation by the Quarter-
master's Department, see A. R. 1146-1150.

(6) Rigid economy to be exercised in the means of trans-
portation belonging to the Engineer works, surveys, posts, and
depots, such as steamboats, sailing vessels, boats, barges,
wagons, animals, etc. (G. 0. 1, C. of E., 1869,— § 510. )

(c) The utmost economy to be exercised in gathering un-
serviceable property together by the use of Government trans-
portation whenever practicable. ( Cir. 7, C. of E. , 1894, — § 384. )

(d) Where a portion of an officer's personal baggage, in the
course of transportation by rail at Government expense, has

TRAVEL AND TRANSPORTATION. 109

been stolen, the remedy of the officer is against the railroad
company, not against the United States. (Dig. Op. J. A. G.
787,— § 522c.)

{e) A common carrier receiving goods for shipment, although
not accompanied by a bill of lading or shipping directions, is
liable for their loss as such common carrier, provided there
was no unreasonable delay by the shipper in furnishing the
necessary shipping directions. (7 Comp. Dec, 65.)

(/) An officer of the Army who, on retirement, procured
the transportation of his personal effects from his duty station
to his home, is not entitled to reimbursement for the cost
thereof. (6 Comp. Dec, 84.)

{g) A disbursing officer is prohibited by R. S. 3648 from
paying more than a proper proportion of the entire contract
price agreed upon for the transportation of public property
when only a portion of the property has been delivered.
(3 Comp. Dec, 221.)

(h) For certain decisions of the Comptroller of the Treasury
regarding claims for demurrage, see 2 Comp. Dec, 179; 3 do.,
337; 5 do., 305.

SHIPMENT OF INSTRIMENTS OF THE ENGINEER DEPARTMENT.

229. To be placed in the special cases provided for them. —

Surveying and other delicate instruments belonging to the Engi-
neer Department should always be transported in the special cases
provided for them. These cases are provided for carrying pur-
poses and not for shipping and should therefore be inclosed in a
box for shipment. Such instruments always come into rigid con-
tact with some part of their special cases, and a cushion of elastic
material should be placed on all sides between the case and the
shipping box to prevent the direct transmission of shocks to the
instrument from rough or careless handling in transit. As an
additional precaution against injury, particularly from loose parts,
the instrument case should be filled with soft, dustless material.
(G. O. 14, W. D., 1905.)

230. Packing boxes.— Packing boxes should be made of light,
sound lumber, securely and rigidly put together. Half-inch boards

110 tRAVEL AND TRANSPORTATION.

for the top, sides, and bottom and one-inch for the ends are gen-
erally sufficient for single instruments. For more than one instru-
ment or for large instruments one-inch lumber should be used.

They should be made at least two inches and preferably four
inches larger in all dimensions, inside measurements, than the
instrument case, to provide a one or two inch space all around for
a cushion of packing material.

Transits, levels, and other delicate instruments will be less liable
to injury if the packing box is provided with a carrying strap or
rope to facilitate gentle handling in transit.

(G. 0. 14, W. D., 1905.)

231. Packing material. — Excelsior, straw, hay, cotton waste,
or any other material that produces or contains dust, chaff, lint,
or litter will under no circumstances be used as packing material
inside of instrument cases, since the dust, etc., gets into the crevices,
telescopes, and delicate parts of the instrument and necessitates a
thorough and minute cleaning of the instrument before it can be
used. Such materials may be used for packing the instrument
case in the shipping box, but when so used the instrument case
should have a double wrapping of paper to prevent dust entering
the case through cracks around the door or lid.

For packing an instrument in its case there should be used only
soft, tough tissue paper, or similar material, crushed in the hand
into pads and stuffed gently around the instrument so as to form a
complete, firm cushion on all sides, great care being taken to avoid
injury to delicate parts.

(G. 0. 14, W. D., 1905.)

232. Greneral rules.— Before packing the instrument the case
will be carefully examined to determine whether it is in suffi-
ciently good condition for the safe transportation of the instru-
ment, particular attention being given to the door or lid, the re-
ceptacles for detached parts, and the base or seat upon which the
instrument rests. When repairs are required to the case, they
will, if possible, be made l)efore shipment to the extent necessary
for the safe transportation of the instrument, and when such re-
pairs are impracticable the following precautions will be taken:
Loose or broken doors or lids will be firmly secured in place by

TRAVEL AND TRANSPORTATION. Ill

lashing, but without the use of tacks, nails, or screws. Detached
parts for which the receptacles are broken or for which none is
provided will be so secured in the case as to absolutely forbid
their getting loose, and when this can not be done with certainty
they will be shipped separately. If the seat upon which the in-
strument rests and that part of the lid that rests upon the instru-
ment have lost any of their padding, it will l^e replaced by a
thin pad of soft doth or blotting paper securetl so as to remain in
position in transit.

Place the instrument in the case in such manner that it rests in
the seat provided for it, that the lid or door closes without diffi-
culty, and that the instrument touches the case or lid only at such
points as are provided for supporting or steadying it. Place the
detached parts in their receptacles and adjust the stops to hold
them securely in place. Stuff the case with soft tissue paper, as
above described, and close and lock it, attaching the key to the
handle, strap, or other fixture on the case. Wrap separately in
two thicknesses of paper to prevent dust, etc., entering the case
and pack with hay, excelsior, or any other elastic material in a
suitable box. {G. O. 14, \V. D., 1905.)

233. Theodolites and transits.— Theodolites and transits, espe-
cially such as have vertical limbs (arcs or circles), are by reason
of their construction most difficult to pack and most liable to in-
jury in transit, particularly if not carefully packed. Especial care
will therefore be exercised in preparing them for shipment, fol-
lowing these rules:

Examine the baseboard and its attached screw plate to see that
they are in good order and will hold tlie instrument securely in
place. Screw the instrument firmly upon the screw plate, lift the
compass needle from its pivot, adjust leveling screws to approxi-
mate evenness, place in ca.se and shift the instrument until it fits
easily and the door can be closed without making contact between
the instrument and the case at any point excepting where such
contact is intenderl. Screw up all clamp screws so as to hold all
parts of the instrument firmly in position, using judgment and
avoiding force. Place the detached parts in their receptacles,
seeing that none is omitted, and secure them carefully. Much
damage frequently results from a plumb bob or other accessory

112 TRAVEL AND TRANSPORTATION.

becoming loose in the case in transit. Crumple soft paper into
pads and stuff them gently all around the instrument, taking care
not to wrench, twist, or break any of the delicate attachments.
Construct thus a perfect cushion, filling the case and permitting
the door to close with light pressure. Close the door, secure and
lock it, and attach the key to the outside of the case.
(G. O. 14, W. D., 1905.)

234. Tripods. — Tripods should be boxed or crated, as they are
liable to damage in transit unless protected by a rigid case. The
box or crate must be long enough to provide for a pad of packing
material at each end for the protection of the head and shoes.
The tripod cap should be firmly screwed in place, and if it is miss-
ing the screw threads should be fully protected by other means.
(G. O. 14, VV. D., 1905.)

235. Shipping directions. — Packages should be marked "Deli-
cate Instruments, Handle with Care," and shipments should be
made by express and not by ordinary freight.

Shipments of instruments from one military post or station to
another or between posts and division or department headquar-
ters, or between military headquarters or posts and engineer
depots, will be turned over to the Quartermaster's Department
with request for transportation by express.

Shipments made from engineer depots to officers who have charge
of public works and who have funds at their disposal, or from
such officers to engineer depots, will be made on Engineer-Depart-
ment bill of lading (Forms 34 and 34a) at the charge of the appro-
priations for such works.

(G. O. 14, W. D., 1905.)

236. Cross reference:

Surveying instruments turned in to the engineer depot
should be sent by express.
(Cir. 15, C. of E., 1904,— § 364. )

THROUGH TRANSPORTATION REQUESTS AND BILLS OP LADING.

237. To be used in all cases. — Through requests and bills of
lading should be issued in all instances covering service from stated
point to destination. (Comptroller's decision of December 20,
1901, as published in Cir. 18, C. of E., 1902.)

TRAVEL AND TRANSPORTATION. 113

TRANSPORTATION IN VESSELS OP THE UNITED STATES.

238. To he used for supplies for Army and Navy:

AN ACT to require the employment of vessels of the United States for public
purposes.

Be it enacted bij the Senate and Home of Representatives of the
United States of America in Congress assembled, That vessels of the
United States, or belonging to the United States, and no othere,
shall be employed in the transportation by sea of coal, provisions,
fodder, or supplies of any description, purchased pursuant to law,
for the use of the Army or Navy unless the President shall find
that the rates of freight charges by said vessels are excessive and
unreasonable, in which case contracts shall be made under the
law as it now exists: Prodded, That no greater charges be made
by such vessels for transportation of articles for the use of the said
Army and Navy than are made by such vessels for transportation
of like goods for private parties or companies.

Sec. 2. That this act shall take effect sixty days after its passage.

Approved, April 28, 1904.

(Cir. 27, C. of E., 1904; 33 Stats., 518.)

24390—06 8

CHAPTER VIII.

CONTRACTS AND OTHER METHODS OF PURCHASE.

GENERAL PROVISIONS.

239. Obligations not to l)e incurred in excess of Congres-
sional authority. — No Department of the Government shall ex-
pend in any one fiwscal year any sum in excess of appropriations
made by Congress for that fiscal year or involve the Government
in any contract or obligation for the future payment of money in
excess of such appropriations unless such contract or obligation is
authorized by law. Nor shall any Department or officer of the
Gov^ernment accept voluntary service for the Government or em-
ploy personal service in excess of that authorized by law, except
in cases of sudden emergency involving the loss of human life or the
destruction of property. All appropriations made for contingent
expenses or other general purposes except appropriations made for
the fulfillment of contract obligations expressly authorized by law,
or for objects required or authorized by law without reference to
the amounts annually appropriated therefor, shall, on or before
the beginning of each fiscal year, be so apportioned by monthly
or other allotments as to prevent undue expenditures in one por-
tion of the year that may require deficiency or additional appro-
priations to complete the service of the fiscal year; and all such
apportionments shall be adhered to except when waived or modi-
fied in specific cases by the written order of the head of the Exec-
utive Department or other Government establishment having
control of the expenditure, but this provision shall not apply to
the contingent appropriations of the Senate or House of Represent-
atives; and all such waivers and modifications, together with the

114

CX)NTRACTS AND OTHER METHODS OF PURCHASE. 115

reasons therefor, shall be eonnnunicated to Congress in connection
with estimates tor any additional appropriations required on ac-
count thereof. Any person violating any provision of this section
shall be summarily removed from office, and may also be punished
by a fine of not less than one hundred dollars or by imprisonment
for not less than one month.

( R. S. , 3679, amended by deficiency appropriation act approved
March 3, 1905—33 Stats., 1257— published in Cir. 8, C. of E., 1905. )

(a) Citation: Generally, the authority of the accounting officers
to certify a balance in favor of a person dejiends upon the validity
of the contract under which the claim arose. If the contract tran-
scends the law, it is illegal to that extent. When the authority
to enter into a contract depends wholly upon an appropriation for
that purpose, no officer can create a liability therefor l)eyond the
amount appropriated. (4 Comp. Dec, 314. )

240. Contracts for labor of oouyiets of the United States
forbidden:

AN ACT to prohibit any officer, agent, or servant of the Government of the
United States of America to hire or contract out the labor of prisoners incar-
cerated for violating the laws of the Government of the United States of
America.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress nssembled, That it shall not Ije lawful
for any officer, agent, or servant of the Government of the United
States to contract with any person or corporation, or jjermit any
warden, agent, or official of any State prison, penitentiary, jail, or
house of correction where criminals of the United States may l)e
incarcerated to hire or contract out the labor of said criminals or
any part of them who may hereafter be confined in any prison,
jail, or other place of incarceration for violation of any laws of the
Government of the United States of America.

Sec. 2. That any person who shall offend against the provisions
of this act shall be deemed guilty of a misdemeanor, and, on con-
viction thereof, shall be imprisoned for a term not less than one
year nor more than three years, at the discretion of the court, or
shall be fined not less than five hundred dollars nor more than one
thousand dollars for each offense.

1J6 CONTRACTS AND OTHER METHODS OF PURCHASE.

Sec. 3. That all acts or parts of acts inconsistent with the pro-
visions of this act are hereby repealed; and this act shall take
effect and be in force from and after its passage.

Approved, February 23, 1887.

(Cir. 6, C. of E., 1887; 24 Stats., 411.)

241. Contracts for labor of convicts of States, etc., forbid-
den.— Whereas, By an act of Congress which received Executive
approval on February 23, 1887, all officers or agents of the United
States were as a matter of public policy forbidden, under appro-
priate penalties, to hire or contract out the labor of any criminals
who might thereafter be confined in any prison, jail, or other
place of incarceration for the violation of any laws of the Govern-
ment of the United States of America;

It is hereby ordered, That all contracts which shall heraftf^r be
entered into by officers or agents of the United States involving
the employment of labor in the States composing the Union, or
the Territories of the United States contiguous^ thereto, shall,
unless otherwise provided bylaw, contain a stipulation forbidding,
in the performance of such contracts, the employment of persons
undergoing sentences of imprisonment at hard labor which have
been imposed by courts of the several States, Territories, or mu-
nicipalities having criminal jurisdiction.

(Executive Order of May 18, 1905, published in Par. II, G. 0.
78, W. D., 1905.)

242. Rent of offices, etc. — Hire of rooms and buildings and
leases of land, vessels, etc., must be covered by a written agreement
in the form contemplated by R. S., 3744, (Cir. 10, C. of E., 1905. )

Citations and cross reference:

(a) Contracts for lease or hire not to be filed with vouchers;
the copies of such contracts to be treated like those of all
other contracts. (Cir. 43, C. of E., 1905,— § 294. )

{b) Where the rent to be paid by the Government for leased
premises is derived from an annual appropriation a lease for
a period longer than the fiscal year for which the appropria-
tion is made would be in derogation of the existing law.
Where it is desired to occupy the premises for a longer term

CONTRACTS AND OTHER METHODS OF PURCHASE. 11 7

than one year the lease should be taken to the end of the cur-
rent fiscal year at a certain rent, and a new lease be then
entered into for the next fi.scal year, and so on, a lease de
novo being necessary for each fiscal year, though the succes-
sive leases be mere repetitions and extensions of the original
lease, and though it be expressly stipulated in the original
lease that the United States shall have the privil^e of such
extensions if desired. (Dig. Op., J. A. G., 886.)

(c) R. S. 3477, 3737, which prohibit the transfer or assign-
ment of claims against, or contracts with, the United States,
have no application to the payment of rent by the Govern-
ment to a lessor who is the agent of the owner of the leased
premises. (9 Comp. Dec, 611.)

{(l) Where a lease made to the United States, of land to be
used for publi(t purposes, contained no stipulation other than
one for the payment of certain rent, such lease was not annulled
by transfer under R. S. 3737, but was l^ally assignable.
(Dig. Op., J. A. G., 1587.)

{e) The laying of conduits and wires in premises occupied
by the United States under a lease from the owner is an
improvement of the premises, and unless provision has been
made in the lease for the making of such an improvement by
the United States as a consideration, in whole or in part, for
the use thereof, payment of the cost of such an improvement
is not authorized. (6 Comp. Dec, 943. )

(/) Under an agreement in a lease that the Government
would deliver the property on expiration of the lease in as
good condition as when received, ordinary wear and tear
excepted, the Government is liable for unnecessary injury to
the property during its occupancy. (9 Comp. Dec, 488. )

{g) For decisions of the Comptroller of the Treasury regard-
ing notice to vacate leased premises, see 7 Comp. Dec, 342;
9 do., 366; lido., 784.

243. Envelopes.— The Postmaster-General shall contract for all
envelopes, stamped or otherwise, designed for sale to the public,
or for use by his own or other Departments, and may contract for
them to be plain or with such printed matter as may be prescribed
by the Department making requisition therefor: Prodded, That no

118 CONTRACTS AND OTHER METHODS OF PURCHASE.

envelope furnished by the Government shall contain any business
address or advertisement. (Sec. 96, act of Jan. 12, 1895; 28 Stats.,
624, or 2 Sup. R. S., 364.)

Schedules of contracts entered into by the Postmaster-General
for supplying the Executive Departments of the Government with
envelopes are published annually in general orders from The Mili-
tary Secretary's Office.

244. Citations:

(«) For general provisions regarding the purchase of
supplies and engagement of services, see A. E. 514-519,
548-552.

( b) All executory contracts under the War Department must
be in writing and signed at the end thereof by both parties.
(Comptroller's Decision, Dec. 8, 1904, published in Cir. 54,
W. D., 1904.)

(c) In the absence of clear proof, a contract will not be con-
strued as having been made with reference to a local custom
in conflict with the general law of bailments. (5 Comp.
Dec, 15.)

{d) R. S. .3744, which requires that all contracts made by
the Secretaries of War, the Navy, and the Interior shall be
"reduced to writing and signed by the contracting parties with
their names at the end thereof," is mandatory, and a written
order by the Secretary of War for the purchase of arms and
cartridges does not constitute a valid executory contract which
can be enforced. (6 Comp. Dec, 880; see also Cir. 44, A. G. O.,
1900.)

{e) For certain decisions of the Comptroller of the Treasury
regarding claims for demurrage, see 2 Comp. Dec, 179; 3 do.,
337; and 5 do., 305.

GENERAL INSTRUCTIONS OF THE WAR DEPARTMENT REGARDING
CONTRACTS FOR SUPPLIES FOR THE ARMY.

(The following provisions affect the work of the Engineer De-
partment, except in so far as they are inconsistent with special
legislation governing work under appropriations for fortifications
or river and harbor improvements.)

CONTRACTS AND OTHER METHODS OF PURCHASE. 119

245. Advertisements. — Advertisements for supplies should
contain the instruction to bidders, who are not manufacturers of
the goods called for to submit the name of the manufacturer from
whom such goods are to be obtained, unless it be manifestly
impracticable to furnish this information. (Par. 1, G. O. 167,
W. D., 1905.)

246. Grounds for rejection of bids.— Lack of commercial
standing on the part of the bidder or inadequate facilities or plant
on the part of the manufacturer will constitute good and sufficient
grounds for the rejection of bids. Abnormally low bids should
be subjected to the strictest scrutiny and comparison with prevail-
ing market rates.

All bids received from contractors who have failed unjustifiably
to fill former contracts with the .Government shall be rejected.
(Pars. 2 and 3, G. 0. 167, \V. D., 1905.)

247. Individnal bondsmen. — Careful investigation will be
made of the financial status of individual bondsmen offering
themselves as sureties on contractor's bonds, and no bonds of
individuals will be accepted until it is conclusively shown to the
satisfaction of the contracting officer that such bonds afford ample
security to the United States for the fulfillment of the undertaking
in question. (Par. 4, G. O. 167, W. D., 1905.)

248. Contracts to be strictly constrned. — Contracts once
executed will be strictly construed and no variation from stand-
ards or specifications will be permitted or authorized. If it be
demonstrated that contract requirements are unreasonable, or that
the prescribed tests are not practical, or that for any reason the
stipulations can not be rigidly applied or enforced, such contract
must not be modified, but may be annulled, with the approval of
the Secretary of War, if for the best interests of the Government;
and after again inviting competition from bidders, who are fully
informed of the changed requirements, a new award and contract
can be entered into. To sanction variations or to relax stringency
in any particular of an existing contract is irresrular, and is likely
to give the contractor an advantage which is unfair to competitors
whose proposals were based on the expectation of being held to
the strictest observance of the published requirements. (Par. 5,
G. 0. 167, W. D., 1905.)

120 CONTRACTS AND OTHER METHODS OF PURCHASE.

249. Inspections. — Rav) material used by manufacturers in
furnishing finished products will be as frequently inspected as the
interests of the Government may require, by inspectors especially
qualified for such work, subject to frequent personal supervision
by a commissioned officer.

All supplies furnished under contract or otherwise will be sub-
jected, whenever practicable, to the personal inspection of a com-
missioned officer at the time of delivery; otherwise such inspec-
tions will be made by civilian inspectors, under his personal
supervision, subject to test and verification at irregular intervals
and at unexpected times by such officer.

Commissioned officers charged with such inspections and with
the supervision of civilian inspectors must qualify themselves by
study, observation, and practice for such supervision as shall
effectively protect the Government interests.

(Pars. 6-8, G. 0. 167, W. D., 1905.)

SPECIAL PEOVISIONS GOVERNING FORTIFICATION WORK AND
WORK OF IMPROVEMENT OF RIVERS AND HARBORS.

250. Legislation on which based. — " That it shall be the duty
of the Secretary of War to apply the money herein and hereafter
appropriated for improvements of rivers and harbors, other than
surveys, estimates, and gaugings in carrying on the various works,
by contract or otherwise, as may be most economical and advan-
tageous to the Government. Where said works are done by con-
tract, such contract shall be made after sufficient public advertise-
ment for proposals, in such manner and form as the Secretary of
War shall prescribe; and such contracts shall be made with the
lowest responsible bidders, accompanied by such securities as the
Secretary of War shall require, conditioned for the faithful prose-
cution and completion of the w^ork according to such contract."
(Sec. 3, river and harbor act of July 31, 1888,-25 Stats., 423.)

A similar provision, applicable to the funds therein appropriated
for the work of the Engineer Department, is contained in the for-
tification appropriation act of June 6, 1902, and each subsequent
fortification act.

251. Proposed method of pnrchase, etc., to be stated in
project. — Every new project submitted will contain a recommen-

CONTRACTS AND OTHER METHODS OF PURCHASE. 121

dation, with reasons therefor, as to the method to be employed in
purchasing necessary supplies, and executing the work required.
(Par. I (a), G. O. 4, C. of E., 1901, amended by G. O. 3, C. of E.,

1902. )

252. Advertisement to be made when practicable.— In pro-
curing supplies and nonpersonal services, advertisement will be
made, when practicable and to the advantage of the Government,
either in newspapers, by poster, or by written notice, as prescribed
in Army Regulations for expenditures from appropriations other
than those for fortification work or for river and harbor improve-
ment. (Par. I (6), G. O. 4, C. of E., 1901, amended by G. O. 3,
C. of E., 1902.)

253. Methods of purchase, etc. — Supplies and nonpersonal
services will be procured as conditions warrant and require —

1. By formal contract.

2. By emergency contract.

3. By written notice and written acceptance.

4. By oral agreement, after inquiry, in the manner common
among business men. ,

(Par. I (c), G. O. 4, C. of E., 1901, amended by G. 0. 3, C. of E.,
1902.)

254. Formal contracts. — Formal contract will l)e entered into
when time permits and other conditions make that method the
most economical and advantageous to the Government; otherwise
one of the other above-mentioned methods (§ 253) will be em-
ployed. (Par. I (cf), G. O. 4, C. of E., 1901, amended by G. 0. 3,
C. of E., 1902.)

255. Emergency contracts.— Where the interests of the United
States do not allow time for the preparation of a formal contract,
but where the delivery of supplies or performance of nonpersonal
service will necessarily extend over a considerable period of time,
the form of emergency contract will be used. (Par. I («), G. O. 4,
C. of E., 1901, amended by G. 0. 3, C. of E., 1902.)

256. Written notice and written acceptance.— Written no-
tice and written acceptance will be employed when advertising

122 CONTRACTS AND OTHER METHODS OF PURCHASE.

by newspapers or posters is incompatible with the interests of the
Government, but circumstances permit and justify seeking a
greater degree of competition than seems practicable under oral
agreement. (Par. I (/) , G. O. 4, C. of E., 1901, amended by G. O.
3, C. of E., 1902.)

257. Oral ag:reement. — The method by oral agreement will
be employed in the following cases:

1. In an emergency, as wdien the public exigencies require im-
mediate delivery of supplies or performance of services, and there
is no time to advertise by newspapers, posters, or written notice.

2. When it is impracticable to secure competition.

3. When proposals have been invited and none received.

4. When proposals are above the market price or otherwise un-
reasonable.

5. When, in the opinion of the responsible disbursing officer,
it is most economical and advantageous to the Government to dis-
pense with advertising.

A. R. 549 does not revoke case 5.

(Par. I {g), G. O. 4, C. of E., 1901, amended by G. 0. 3, C. of E.,
19D2, and by Par. 1, G. O. 5, C. of E., 1905.)

258. Requirements as to formal contracts.— Formal con-
tracts are subject to all the requirements of law and regulations
relating thereto. (Par. I (/i), G. 0. 4, C. of E., 1901, amended by
G. 0. 3, C. of E., 1902.)

259. Certificate as to award. — Every formal or emergency
contract must be accompanied by a certificate to the effect that
the award was made to the lowest responsible bidder for the best
and most suitable article or service. (Par. I (?), G. O. 4, C. of E.,
1901, amended by G. O. 3, C. of E., 1902.)

260. Citation:

For general provisions regarding the various methods of
procuring supplies or services for the Army, see A. R. 518,
548-552.

CONTRACTS AND OTHER METHODS OF PURCHASE. 123

SPECIFICATIONS.

261. General reqiiireiiieiits. — In all cases where advertise-
ments are to be issued inviting proposals for material or labor
for works of improvement of rivers and harbors or other works of
the Engineer Department, full and detailed specitications must be
prepared in time to supply all parties desiring to bid under the
advertisement.

The specifications, should be comprehensive, clear, and, sutfi-
cientlv detailed to enable bidders to understand fullv what is
required; and as it is designed that these, together with the
advertisement, be attached to and form a part of the contract, it is
important that great care be observed in their preparation, in
order that all probable questions which may arise during the exe-
cution of the contract may be settled and determined by reference
to the instrument itself. A copy of the advertisement should
form a prefix to the specifications. (Cir., C. of E., September 13,
1871.)

262. Previous approval of Chief of Engineers required.—

When a contract is intended to be made, the adverti.«ement and
specifications must have the prior approval of the Chief of Engi-
neers, except in case of an emergency contract (E. R. 35). The
specifications will state the amount of the bond to be required
(E. R. 36.) (Cir. 3, C. of E., 1899, modified to date.)

263. Drawings. — When forwarding specifications for approval
officers will transmit at the same time copies of all drawings neces-
sary to a clear understanding of the work proposed, unless such
drawings have been filed in this office at some previous tinie. In
the latter case the letter forwarding the specific-ations should refer
to the drawings in such manner as to insure their identification.

In cases where it will facilitate a bidder's understanding of the
specifications such drawings as may be necessary for this purpose
may be prepared suitably for reproduction and binding with the
specifications. Prior authority for such illustration will be re-
quested.

(Cir. 10, C. of E., 1903.)

124 CONTRACTS AND OTHER METHODS OF PURCHASE.

264. Standard specifications for cement. — Compliance with
the standard specifications of the Engineer Department for hy-
draulic cement is enjoined, but changes in essential features due
to the special requirements of a particular work may be made by
authority of the Chief of Engineers. (Cir. 10, C. of E., 1901.)

265. Copies for office of Chief of Engineers.— One hundred
and seventy-five copies of all printed specifications, except specifi-
cations for stationery, drawing materials, office supplies, and
articles of a kindred nature will be forwarded to the Chief of
Engineers. (Cir. 1, 1893, amended by Cir. 16, 1902, C. of E.)

266. Citation and cross references:

(a) Authority to have specifications printed may be granted
by the Chief of Engineers. Vouchers for printing to be
addressed to the chief clerk of the War Department. (Cir.
10, C. of E., 1897,— § 506.)

(6) Specifications to be submitted through the division
engineer. (G. O. 9, 1901, and G. 0. 10, 1903, C. of E.,—
§§112, 115.)

{d) When it is intended to provide for liquidated damages
in the contract, care should be taken that the specifications do
not conflict with the contract provisions; the sum to be charged
per day as damages should be stated in the specifications. (Cir.
25, 1899, and Cir. 27, 1905, C. of E.,— § 285.)

{e) For provisions regarding job printing, see A. R. 509-513.

ADVERTISING.

267. Reqnests for anthority.— Requests for authority to ad-
vertise should be forwarded through the Chief of Engineers. (Cir.,
C. of E., July 26, 1872.)

268. Approximate anticipated expenditure to be stated.—

Requests for authority to invite proposals by advertisement will
state in the letter of transmittal the approximate amount of
money to be expended under the advertisement. (Cir. 9, C. of
K, 1897.)

CONTRACTS AND OTHER METHODS OF PURCHASE. 125

269. General authority.— Disbursing officers engaged in mak-
ing frequent purchases and contracts will, before the commence-
ment of a fiscal year, request general authority to advertise for
the ensuing fiscal year. Such authority will be granted to the
office, not to the officer. Accounts for publishing advertisements
will be submitted for audit, in accordance with A. R. 505, as soon
as practicable after their receipt from the publisher or proprietor
of the newspaper in which the advertisement was published.
(Par. II, Cir. 4, A. G. 0., 1902, republished in Cir. 2, C. of E.,
1902. )

270. Period of advertising.— All newspaper advertisements
for bids shall allow at least thirty days to intervene between the
date of first insertion and the date of opening, excepting in emer-
gencies, when the letter requesting authority to advertise must
set forth the character of the emergency. Contracts made after
public notice or circulars of ten days, or more, must be accom-
panied by a certificate setting forth the fact that the circumstances
were such as not to permit longer advertisement. (Cir. 3, C. of E.,
1899; see also A. R. 520.)

271. In nei^'spapers published in the District of Columbia.—

No advertisement for contracts for the public service shall be pub-
lished in any newspaper published and printed in the District of
Columbia unless the supplies are to be delivered or the labor is to
be performed in said District. (W. D. Cir., Jan. 21, 1884, pub-
lished in Cir. 3, C. of E., 1884. )

272. Copies to be furnished to certain papers.- When pro-
posals for work, materials, or supplies are invited by newspaper
advertisement officers of the Corps of Engineers in charge of
Government works will furnish, direct from their offices, copies
of such advertisements to the **U. S. Government Advertiser,"
the "Associated Trade and Industrial Press," and to the "Gov-
ernment-Contract Information Bureau," Washington, D. C. (Cir.
16, C. of E., 1905.)

126 CONTRACTS AND OTHER METHODS OF PURCHASE.

273. Citations and cross references:

(«) For regulations for advertising, see A. R. 498-508, 520-
524.

(6) Advertisements calling for proposals for contract work,
except in case of an emergency contract, to be submitted to
the Chief of Engineers for his approval before publication.
(E. R. 35.)

(c) V'ouchera for printing and for advertising and requests
for authority to publish advertisements to be addressed to the
chief clerk of the War Department. (Cir. 10, C. of E., 1897—
§ 506. )

{d) Before dishursing officers can be allowed credit for pay-
ment of bills for publishing advertisements, there must be
presented with each voucher a properly certified copy of the
written authority for the publication. (Cir. 6, W. D., 1905.)

(e) Advertisements for supplies to require bidders who are
not manufacturers of the goods called for to submit the name
of the manufacturer from whom the goods are to be obtained,
unless this be manifestly impracticable. (Par. 1, G. 0. 167,
W. D., 1905,— § 245.)

(/) When supplies or nonpersonal services are procured
by contract or by circular notice, in connection with fortifica-
tion or river and harbor work, advertisement will be made as
prescribed in Army Regulations for expenditures from other
appropriations. (Par. I (6), G. O. 4, C. of E., 1901, amended
by G. O. 3, C. of E., 1902,— § 252.)

{g) The written authority of the head of the Department
required by section 3828, Revised Statutes, for publishing in
any newspaper any advertisement, notice, or proposal is re-
quired to be given before publication thereof, and a subse-
quent approval or ratification will not legalize publication
without such previous authority. (5 Comp. Dec, 166.)

(h) The cost of advertising for proposals for supplies or
other articles is payable from the appropriation for the fiscal
year within which the advertising was actually done, although
the supplies or other articles are required for the service of
the ensuing fiscal year. (9 Comp. Dec, 243. )

CONTRACTS AND OTHER METHODS OF PURCHASE. 127
PROPOSALS AND AWARDS.

274. Abstracts of proposals. — In the case of all formal con-
tracts (not including emergency contracts, as to which see § 298)
the abstract of bids, accompanied by one copy (original) of each
proposal received (A. R. 547; E. R. 37), will be forwarded, with
recommendation for action, to the Chief of Engineers for his
approval antecedent to any action thereon. The abstract will
show the totals of the respective bids and the amount available
for payments under the proposed contract. To obtain the amount
available all outstanding liabilities and amounts covered by ex-
isting contracts should be deducted from the unexjiended appro-
priations for the work in so far as their expenditure has been
authorized by approved project*. A copy of the advertisement
and of the specifications, if any, will be attached to the abstract
of bids (A. R. 539), and the abstract will show the title of the
appropriation and the allotment, if any, the dates of the adver-
tisement and of the opening, and the work or materials for which
bids are asked. All bids received and opened will be entered
upon the abstract, and any informalities will Ije noted in the
colunm of "remarks." (Cir. 3, 1899, and Cir. 20, 1888, C. of E.,
modified to date.)

275. Original estiiiintes to be shown.— Abstracts of bids for
work or materials, other than small supplies of which the market
price is well known, will contain a column showing the originally
estimated cost of the items for which bids were received.

This information should not appear in the aljstracts which ac-
company the annual report, nor on those furnished for publication.
(Cir. 32, C. oft:., 1905.)

276. Citations and cross references:

(a) For general regulations regarding proposals and awards,
see A. R. 525-547.

(6) Proposals and abstracts of bids to be submitted through
the division engineer. (G. 0. 9, 1901, and G. O. 10, 1903,
C. of E.,— §§ 112,115.)

(c) For certain grounds for the rejection of bids for furnish-
ing supplies for the Army, see pars. 2 and 3, G. O. 167, W. D.,
1905,— § 246.

128 CONTRACTS AND OTHER METHODS OF PURCHASE.

(d) AVere it not for the provisions of R. S. 3744, the accept-
ance of a bid would, under the general law of contracts, bind the
United States. But this section has been construed by the
Supreme Court as being in the nature of a statute of frauds and
mandatory in its requirements, and therefore making it essen-
tial that a contract, to be legal and obligatory, shall be in writ-
ing and signed by the parties. The mere proposal of a bidder
accepted on the part of the Government does' not therefore
operate as a contract, but is simply a proceeding preliminary
to contract; nor does such an acceptance bind the United
States to enter into a contract. (Dig. Op., J. A. G., 879.)

GENERAL PROVISIONS AS TO FORMAL CONTRACTS.

277. What are contracts.— All agreements ''reduced to writing
and signed by the contracting parties, with their names at the end
thereof," are contracts such as are contemplated by section 3744,
Revised Statutes, and by the Regulations (A. R. 548). To all
such contracts, and to them alone, are applicable the provisions
of the statutes and regulations relating to this subject. (Cir. 3,
C. of E. , 1899. )

278. Contracts must be authorized by law.— No contract on
behalf of the United States shall be made unless the same is author-
ized by law or is under an appropriation adequate to its fulfillment
(R. S.', 3679, 3732, 3733; 33 Stats., 1257,— § 239; A. R. 514, 580),
and for the violation of this prohibition a penalty is prescribed
(R. S., 5503, and 33 Stats., 1257,— § 239), the officer charged with
the duty of making a contract being responsible under the laws
and regulations for his action (A. R. 519). (Cir. 3, C. of E., 1899,
modified to date. )

270. Supplemental contracts. — Every legally executed con-
tract is equally binding upon both parties thereto, and none of the
provisions of such a contract can be materially modified without
at the same time affecting the rights of one or both of the con-
tracting parties. Any changes in the specifications such as would
increase or diminish the cost of the work must be agreed upon in
writing by the contracting parties, with a full statement of the rea-
sons for the change and of the prices substituted for those of the

CONTRACTS AND OTHER METHODS OF PURCHASE. 129

original contract. Such supplemental agreements must have the
approval of tlie Secretary of War, and, in order to enable payments
thereunder to be made, must be signed and approved before the
obligation arising under such modification was incurred. Supple-
mental agreements have been criticised as to their legality, and
unless the reasons for their execution show the interest of the
United States to be better protected thereunder than under the
original contract the Chief of Engineers will not feel warranted
in recommending their approval by the Secretary of War. In all
cases antecedent authority to enter into such agreements should
be obtained. Vexatious claims sometimes arise from failure to
observe the above-noted contract requirements, and many of them
are such as can not be liquidated by any executive officer, even
whe: e their equity is conceded. Such claims are usually made in
an amount greater than the terms obtainable under an antecedent
agreement, and their settlement inflicts hardships upon the con-
tractors by forcing them to resort to judicial proceedings to obtain
payment. The necessity of adhering closely to the provisions of
contracts as set forth therein, and of avoiding any modification of
their terms by verbal or written understandings other than in ac-
cordance with contract requirements, can not be too strongly im-
pressed upon officers and agents. (Cir. 3, C. of K., 1899.)

280. Radical changes in quantities, etc.; supplemental con-
tracts.— The terms "more or less" as use<l in specifications and
contracts are not to be considered a.s authorizing any material
change in the approximate quantities given, unless percentage
of increase or decrease is provided for definitely in the contract.
" More or less" is considered to be introduced to allow for errors
in estimates .and not to cover, except when otherwise, specially
provided, an increase or decrease to exceed 10 percent of approxi-
mate quantities on which bid is made. The approximate quanti-
ties named in a bid must have an important bearing on the prices
submitted, and to change them after making contract is a radical
change of terms of contract not permitted by the law, and in many
cases unjust to other bidders. If new conditions require, without
question, radical changes in quantities or other essential elements
in terms of a contract, such changes must be provided for by sup-
plemental contracts. Supplemental contracts are not considered

24390-06 9

130 CONTRACTS AND OTHER METHODS OF PURCHASE.

desirable, and will be recommended for approval only in cases of
most evident necessity and when the modifications do not in any
way work an injustice to others who may have originally sub-
mitted bids for the work. (Par. 3, Cir. 22, C. of E., 1898.)

(a) Citation: For certain decisions of the Comptroller of the

Treasury regarding supplemental contracts, see 5 Comp. Dec,

540; 7 do., 350; 9 do., 43.

281. Time of commencement.— Contracts requiring the ap-
proval of the Chief of Engineers can not be considered to be
legally in effect until such approval is given, and a contractor can
not be required to commence a work until he or his authorized
agent is officially notified that the contract has been approved.
Delays due to errors in contracts and bonds can not be avoided at
times, and when dates are fixed for commencement and comple-
tion it frequently happens that a portion of the time estimated as
necessary for completing the work has passed before a legal com-
mencement of contract can be made. It is therefore considered
preferable, when conditions permit, that completion be required
within a certain number of days (Sundays and legal holidays
being excepted, if such be intended) from date of notification of
approval of contract, rather than fixed dates, and, when practi-
cable, that a fixed rate of progress be required. (Par. 4, Cir. 22,
0. of E., 1898.)

282. Notification of approTal.— In all cases where contracts
specify the time of commencement and of completion as so many
days, or months, from date of notification of approval of contract,
the local ofiicer will make his notification of the approval of the
contract in duplicate, sending one copy to the Chief of Engineers
for file. (Cir. 15, C. of E., 1899.)

283. Extension of time for completion.— It is desired that
ofl&cers give careful consideration to the time fixed for completion
of contracts, so that extensions for causes for which the United
States may be held responsible may be entirely avoided. Time
forms, or should form, an important element in determining the
prices bid by a contractor, and an extension of time is, as a rule,

CONTRACTS AND OTHER METHODS OF PURCHASE. 131

a radical change in the terms of a contract and unjust to other
bidders who have taken time into consideration in their bids.
The possibility of having contracts extended encourages bidding
by a class of contractors who are not capable of, or do not antici-
pate, living up to their contracts, and extensions must therefore,
as a principle, be considered as very injurious to the interests of
the Government. Payment of expenses of superintendence and
inspection does not prove a sufficient forfeiture in most cases, and
there is always the hope with the contractor that such forfeiture
may be waived. It is desirable that all specifications for contracts
and the contracts themselves be so drawn that contractors may
be made fully responsible for the damages which may result from
delay in completion, and that so far as practicable the terms be
such as to prevent any escape from the responsibility. (Par. 5,
Cir. 22, C. of E., 1898.)
Citations:

(a) The approval of the Chief of Engineers must be ob-
tained for extensions of time for the completion of contracts.
(E. R. 39.)

(6) When it is proposed to extend the time of completion
of a contract to a future specified date, the extension must be
covered by a supplemental contract. (8 Comp. Dec., 104.)

284. Dednctions for extensions of contracts.— Whenever

a contract is extended and because of such extension deductions
are to be made from sums due or to become due the contractor,
the deductions shall be shown upon the vouchers and the balance
shall be paid to the contractor. Payment of the expenses due to
extensions of contracts shall never be demanded of contractors, or
received from them by oflBcers of the Corps of Engineers, or agents
in the employ of the Engineer Department. (Par. 1, G. 0. 2,
C. of E., 1892.)

285. Liquidated damages.— It is desired that more general
use shall be made of the form of contract providing for liquidated
damages in cases where by delay in completion the United States
will be damaged to an indeterminate extent. The amount speci-
fied for deduction should be a reasonable measure of the damage.

132 CONTRACTS AND OTHER METHODS OF PURCHASE.

In preparing specifications care should be taken that they do
not conflict with contract provisions. The sum to be charged per
day as damages should be stated in the specifications.

(Cir. 25, 1899, and Cir. 27, 1905, C. of E. )

286. Use of liquidated-damage clause. — When the use of the
liquidated-damage clause is contemplated, the language of the
specifications should conform to that of contract Form 19, and
Form 19 should be used in executing the contract, omitting, in.
emergency-contract cases, references to approval of contract by
the Chief of Engineers. (Cir. 6, C. of E., 1905.)

287. Citation:

For certain decisions of the Comptroller of the Treasury
regarding delays in completing contracts, extensions of time
for completion, and penalties and liquidated damages, see 2
Comp. Dec, 635; 3 do., 306; 4 do., 663, 681; 5 do., 83, 540,
748; 7 do., 482, 721; 8 do., 104, 133, 185, 238, 487, 504, 568,
646, 672, 764; 9 do., 506; 10 do., 8, 317, 605, 694; 11 do., 113,
266, 394, 513; Cir. 27, C. of E., 1900.

288. Corporations as principals and as sureties.— A. R.

530, 558, and 572 prescribe the evidence to be furnished with pro-
posals, contracts, and bonds when the principal is a corporation.
A. R. 572 specifies a rule for the authentication of the execution
of bonds by corporations as principals, which should also be
applied to the execution of contracts under A. R. 558, in order to
insure their approval. Before a corporation will be accepted as
surety it must obtain authority in writing from the Attorney-Gen-
eral to do business under the act of August 13, 1894, and must file
with the Secretary of War a copy of such authority (A. R. 574).
Stockholders who are not officers of a corporation may be accepted
as sureties for such corporation (A. R. 571), but officers of a cor-
poration may not, and a director of a corporation is held to be an
officer thereof. (Cir. 3, C. of E., 1899, modified to date.)

289. Corporations; authority of officers to si^n.— A large
proportion of contracts made with incorporated companies by offi-
cers of the Corps of Engineers and agents of the United States

CONTRACTS AND OTHER METHODS OF PURCHASE. 133

employed under the Engineer Department, when forwarded for
approval, are found to be defective in the evidence of the author-
ity of the officers signing on behalf of the particular contracting
company to bind their principal, and the approval of the Chief of
Engineers is in many cases delayed because it is necessary to
return contracts for correction or for additional evidence.

In sending contracts and bonds to incorporated companies for
execution, care should be exercised to fully specify the require-
ments of the War Department in the way of evidence showing
the authority of the officials who sign on behalf of the company
to bind their principal. Such evidence should be as required by
A. R. 558 and 572, and must consist of —

(a) An extract of so much of the records of the company as is
necessary to show the election of the officers executing
the contract and bond on behalf of the corporation.
(6) A copy of the by-law or resolution adopted by the govern-
ing lx)dy of the corporation, showing the grant of author-
ity to the officials who execute the contract and bond.
Enough of the proceedings in this case should be copied
to show that the by-law or resolution was adopted,
(c) The above copies should be certified by the custodian of
such records, under the seal of the corporation, to be true
copies of the records of the company.
The foregoing evidence should specifically cover the bond as well
as the contract. The mere certificate of the secretary or otner
officer of the corporation that the officers were elected and were
authorized to sign the contract and bond is not sufficient.

The instructions contained herein are not applicable to surety
companies as sureties on bonds which are required by A. R. 573
to qualify before the War Department.

(Cir. 23, C. of E., 1902, modified to date.) '

290. General provisions. — A 11 contracts and paj>ers connected
therewith will be made on the printed forms authorized by the
Secretary of War and furnished by this office (A. R. 553; E. R.
38); they will be made in the name of and signed by the officer
designated to perform this duty (A. R. 554), and will be executed
in triplicate, the copies being disposed of as prescribed (A. R.
559). They (emergency contracts excepted) require the approval

134 CONTRACTS AND OTHER METHODS OF PURCHASE,

of the Chief of Engineers (A. R. 560). Contracts will be accom-
panied by a copy of the advertisement and a certificate of its due
publication. (Cir. 3, C. of E., 1899, corrected to date.)

291. Copies for Auditor and Returns Office.— All contracts
shall be deposited in the oflBce of the Auditor for the War Depart-
ment (* * * Comptroller of the Treasury) within ninety days
after their respective dates (R. S. 3743); shall be reduced to writ-
ing and signed by the contracting parties with their names at the
end thereof, and a copy shall be filed by the officer signing the
same in the Returns Office within thirty days after the contract is
made, together with certain papers relating thereto (R. S. 3744;
A. R. 561); an affidavit of prescribed form shall be attached to the
copy filed in the Returns OflSce (R. S. 3745), and any officer failing
to comply with the last two named sections shall be deemed guilty
of a misdemeanor (R. S. 3746). Officers authorized to make con-
tracts shall be furnished with instructions and blank forms of con-
tracts and the affidavit thereto (R. S. 3747 ) . ( Cir. 3, C. of E. , 1899. )

292. First-impression copies for Auditor.— The copy of the
contract intended for the Auditor must be a first-impression copy,
not a carbon copy. (Cir. 11, C. of E., 1903.)

293. Hectograph impressions. — Hectograph impressions will
not be used in contracts or other cases where permanence is de-
sined. (Cir. 12, C. of E., 1887.)

294. Disposition of contracts for lease or hire.— Contracts
foi* lease or hire must be disposed of as other contracts and not
attached to vouchers. (Cir. 43, C. of E., 1905.)

295. Citations and cross refereuces:

(a) For general provisions regarding formal contracts, see
A. R. 553-564,— Par. 556 amended by G. O. 135, W. D., 1905.

(6) The Division Engineer to familiarize himself with the
details of existing contracts, and to supervise work thereunder.
(G. O. 9, C. of E., 1901,— § 107.)

(c) As to certificates of inspectors and disbursing officers on
vouchers for payments on formal contracts, see Cir. 22, C. of E.>
1897,— § 322.

CONTRACTS AND OTHER METHODS OF PURCHASE. 135

(d) Contracts for supplies for the Army are to be strictly
construed. (Par. 5, G. O. 167, W. D., 1905,— § 248.)

(e) As to inspections under contracts for furnishing supplies
for the Army, see Pars. 6-8, G. O. 167, W. D., 1905,— § 249.

(/) Every formal or emergency contract must be accom-
panied by a certificate that the award was made to the lowest
responsible bidder for the best and most suitable article or
service. (Par. I (i), G. O. 4, C. of E., 1901,— § 259.)

{g) For certain decisions of the Comptroller of the Treas-
ury regarding percentages retained from contract payments,
see 2 Comp. Dec, 503; 4 do., 687; 10 do., 69, 495; 11 do., 326.

(A) For certain decisions of the Comptroller of the Treas-
ury on the general subject of contracts, see 9 Comp. Dec, 93,
391, 423, 443, 470, 645, 700; 10 do., 26, 159, 168, 201, 353, 598;
11 do., 93, 114, 585.

(i) Where by supplemental drawings furnished a contractor
he is required to furnish stone of specific dimensions, instead
of stone of dimensions not specified, as shown in the original
drawings on which his bid was made, such supplemental
drawings must be held to modify the original contract; and
in accordance with a provision therein for allowance where
changes are made which increase the cost of the work the
contractor is entitled to an extra allowance for dimension
stone so furnished, unless the parties agree that no extra
allowance shall be made by reason of such change. {6 Comp.
Dec, 769.)

(j) It is not essential that the requirements of the act of
August 1, 1892 (the eight-hour law,— see § 478), be embodied
in a contract, the law itself being self-acting. The responsi-
bility rests on contractors to comply with it, irrespective of
the terms and conditions of their contracts. The officers who
enter into contracts on behalf of the United States are not
charged with the duty of enforcing the law with reference
to those with whom they contract, the latter being directly
responsible in the matter. Any construction by the War
Department of the requirements of the act would, if erro-
neous and not sustained by the courts, be no protection to
contractors. (Dig. Op. J. A. G., 1237.)

136 CONTRACTS AND OTHER METHODS OF PURCHASE.

EMERGENCY CONTRACTS.

206. River and liarl)or and fortification works.— In con-
nection with river and harbor and fortification works, Form 196
will be used as prescribed in G. O. 4, Headquarters Corps of Engi-
neers, 1901,— §§ 251-259. (Par. 2, G. O. 6, C. of E., 1901.)

29 7. Other works. — In connection with works other than those
upon fortifications and for river and harbor improvement. Form
196 is intended to be used in emergencies not allowing time for the
preparation and approval of formal contracts but where the delivery
of supplies or performance of nonpersonal service is expected,
from the circumstances of the case, to necessarily extend over a
considerable period of time. (Par. 3, G. O. 6, C. of E., 1901.)

208. (general provisions. — Except as regards newspaper ad-
vertising and job printing, emergency contracts and the specifica-
tions and advertising deemed necessary therefor do not require
the approval of the Secretary of War or Chief of Engineers. In
all other respects emergency contracts are subject to the regula-
tions governing formal contracts, except that copies of bids need
not be forwarded to the Chief of Engineers unless called for in
particular cases. (Par. 7, G. O. 6, 1901, modified by Cir. 31,
1904, C. of E.)

299. Time for completion. — The time fixed for the completion
of emergency contracts shall not be waived except with the prior
sanction of the Chief of Engineers. (Cir. 10, C. of E., 1902.)

300. Appropriation chargeable to be stated.— In forwarding
to this office copies of emergency contracts the letter of transmittal
will state the title of the appropriation or appropriations charge-
able with the obligation incurred by the contract. (Cir. 11,
C. of E., 1901.)

301. Prior authority of Chief of Engineers required when
consideration exceeds $0,000. — Without the prior sanction of
the Chief of Engineers, the emergency-contract method of engag-
ing supplies or services and the emergency-contract form, 196, will
not be used when the amount of the proposed contract will be in
excess of $6,000.

CONTRACTS AND OTHER METHODS OF PURCHASE. 137

In cases when the amount of the proposed contract will be in
excess of $6,000, and the officer in charge of the work believes the
emergency-contract method applicable and advisable, authority to
employ this method may be requested, setting forth fully all the
facts and the reasons why it is deemed advantageous to enter into
emergency contract, and giving the estimated amount of the pro-
posed contract.

(Cir. 7, C. of K, 1903.)

CONTRACTORS' BONDS AND GUARANTIES.

302. Qualified surety companies.— Lists showing surety com-
panies which have qualified to do business in the various United
States judicial districts are published from time to time in circu-
lars from The Military Secretary's office. (See A. R. 571. )

803. Supplemental contracts: consent of bondsmen.— The

following form of consent by bondsmen to supplemental contracts
will be used in all cases of supplemental contracts where different
or additional work is provided for:

We, , bondsmen for the due

perfoniiance of a contract dated ,

between the United States represented by

, Corps of Engineers, U. S. Army, and

, for ,

hereby give our full consent to the supplementary articles of

agreement, dated , providing for

, and we hereby agree that our

bond shall apply to and cover the due performant*e of the original
contract as modified and extended by said supplemental contract.

In presence of —

as to [seal.]

(Cir. 10, C. of E., 1898.)

304. Rights of contractors' creditors to sne on bond:

AN ACT to amend an act approved August thirteenth, eighteen hundred
and ninety-four, entitled "An act for the protection of persons furnishing
materials and labor for the construction of public works."

Be it enacted by the Senate and House of Representives of the United
States of America in Congress assembled, That the act entitled "An

138 CONTRACTS AND OTHER METHODS OF PURCHASE.

act for the protection of persons furnishing materials and labor
for the construction of public works," approved August thirteenth,
eighteen hundred and ninety-four, is hereby amended so as to
read as follows:

"That hereafter any person or persons entering into a formal
contract with the United States for the construction of any public
building, or the prosecution and completion of any public work^
or for repairs upon any public building or public work, shall be
required, before commencing such work, to execute the usual
penal bond, with good and sufficient sureties, with the additional
obligation that such contractor or contractors shall promptly make
payments to all persons supplying him or them with labor and
materials in the prosecution of the work provided for in such con-
tract; and any person, company, or corporation who has furnished
labor or materials used in the construction or repair of any public
building or public work, and payment for which has not been
made, shall have the right to intervene and be made a party to
any action instituted by the United States on the bond of the con-
tractor, and to have their rights and claims adjudicated in such
action and judgment rendered thereon, subject, however, to the
priority of the claim and judgment of the United States. If the
full amount of the liability of the surety on said bond is insuffi-
cient to pay the full amount of said claims and demands, then,
after paying the full amount due the United States, the remainder
shall be distributed pro rata among said interveners. If no suit
should be brought by the United States within six months from
the completion and final settlement of said contract, then the
person or persons supplying the contractor with labor and
materials shall, upon application therefor, and furnishing affi-
davit to the Department under the direction of which said
work has been prosecuted that labor or materials for the
prosecution of such work has been supplied by him or
them, and payment for which has not been made, be furnished
with a certified copy of said contract and bond, upon which he or
they shall have a right of action, and shall be, and are hereby,
authorized to bring suit in the name of the United States in the
circuit court of the United States in the district in which said con-
tract was to be performed and executed, irrespective of the amount

CONTRACTS AND OTHER METHODS OF PURCHASE. 139

in controversy in such suit, and not elsewhere, for his or their use
and benefit, against said contractor and his sureties, and to prose-
cute the same to final judgment and execution: Provided, That
where suit is instituted by any of such creditors on the bond of
the contractor it shall not be commenced until after the complete
performance of said contract and final settlement thereof, and shall
be commenced within one year after the performance and final
settlement of said contract, and not later: And provided further,
That where suit is so instituted by a creditor or by creditors only
one action shall be brought, and any creditor may file his claim
in such action and be made party thereto within one year from
the completion of the work under said contract, and not later. If
the recovery on the bond should be inadequate to pay the amounts
found due to all of said creditors, judgment shall be given to each
creditor pro rata of the amount of the recovery. The surety on
said bond may pay into court, for distribution among said claim-
ants and creditors, the full amount of the sureties' liability, to
wit, the penalty named in the bond, less any amount which said
surety may have had to pay to the United States by reason of the
execution of said bond, and upon so doing the surety will be
relieved from further liability: Provided further, That in all suits
instituted under the provisions of this act such personal notice of
the pendency of such suits, informing them of their right to inter-
vene as the court may order, shall be given to all known creditors,
and in addition thereto notice of publication in some newspaper
of general circulation, published in the State or town where the
contract is being performed, for at least three successive weeks, the
last publication to be at least three months before the time limited
therefor."
Approved, February 24, 1905.

(Cir. 7, C. of E., 1905; 33 Stats., 811.)

305. When bonds are required.— Without reference to the
amount of the consideration of the contract, bonds will be required
with all contracts involving the performance of nonpersonal service in
the construction or repair of public buildings and public works.
Bonds will also be required for the faithful performance of all con-
tracts for supplies or service when the consideration is $5,000 or

140 CONTRACTS AND OTHER METHODS OF PURCHASE.

more and the contract can not be fully performed within sixty
days from its date. (Par. 4, G. 0. 6, C. of E., 1901; Par. 2, G. O. 6,
€. of E., 1905.)

306. When bonds may be waived.— Except as required by
§ 305, bonds may be waived in the discretion of the disbursing
officer. (Par. 2, G. 0. 6, C. of E., 1905.)

307. Meaning of term "supplies."— The term "supplies" as
used in § 305 is intended to include all articles and materials
required to be purchased from public funds for the public service.
(Par. 8, G. O. 6, C. of E., 1901.)

308. Citations and cross reference:

(a) For general provisions regarding contractors' bonds,
see A. R. 567-579.

(&) A lowest bidder failed to furnish a guaranty, one for
$500 being specifically required in the instructions to bidders,
but submitted his certified check, adding to his proposal and
signing the following statement: *'In lieu of above we sub-
mit certified check to the amount of guaranty." The in-
structions specified the terms to be embodied in the guar-
anty and the certified check was submitted in lieu of such
guaranty. It could therefore be applied to securing the
United States under the conditions specified and should be
treated as a substantial compliance with the provisions of
A. R. 533. (Dig. Op., J. A. G., 878.)

(c) Where, at the end of the ten days specified in his guar-
anty, the accepted bidder had failed to enter into the con-
tract, the liability of the guarantors had attached, and, the
public interests not being prejudiced, the contract might
legally be entered into with one of the guarantors as an open-
market transaction in which he takes the risk on his own
account at the rate proposed in the bid. (Dig. Op., J. A. G.,
875.)

(d) Where individuals are offered as sureties on contract-
ors' bonds, their financial status to be carefully investigated
before acceptance. (Par. 4, G. 0. 167, W. D., 1905,— § 247.)

CONTRACTS AND OTHER METHODS OF PURCHASE. 141

(e) Under the provisions of R. S. 3739, 3740, and 3741, a
Member of Congress may be lawfully accepted as a surety on
the bond of a contractor with the United States. (Cir. 22,
C. of E., 1885; 18 Op. A. G., 286.)

(/) If after the execution of a bond a material change be
made in the name or description of the principal, by era-
sure, interlineation, or otherwise, without the assent of the
sureties or a surety, even though such change be made to cor-
rect a mistake, the surety or sureties not consenting will be
released. Where the name of one of two sureties is erased
and a new surety is substituted without the consent of the re-
maining surety, the written assent of the latter to the erasure
and substitution should be obtained. (Dig. Op., J. A. G.,
555.)

{g) Where a corporation is principal in a bond given to the
United States its full legal corporate name should be expressed.
Thus, where the laws of the State in which such a corporation
was created required that the name of a corporation should
always include the name of the city or county in which it was
formed, and a corporation obligor had been incorporated as
"The . . . Company of Baltimore City," the bond was
incomplete unless this addition was set forth and the instru-
ment executed accordingly. (Dig. Op., J. A. G., 546.)

{h) Where a corporation is named as principal in a bond,
its corporate name and seal (if it has one) should be affixed by
the officer having authority to do so. (Dig. Op., J. A. G.,
547.)

(i) The sureties of the contractor who has abandoned his
contract are not entitletl to receive the unpaid balance of the
contract price for completing the work under the contract.
(4Comp. Dec, 611.)

( j) Where a contractor, having failed to complete the work
provided for in the contract with him, died, and the contract
has not been annulled or rescinded, the sureties are author-
ized to complete it; but there is no authority to pay to them
percentages retained from payments made to the contractor,

142 CONTRACTS AND OTHER METHODS OF PURCHASE.

nor to pay them for work which they may do, except upon
an adjustment of all equities of the decedent. (8 Comp. Dec,
552.)

(k) A contractor having failed to complete the work pro-
vided for in the contract with him, a supplemental contract
may be entered into with him and his sureties by which it
may be provided that the work shall be completed by the
sureties and payment made to them therefor, and also, from
the amounts retained from payments made to the original
contractor, for any excessive cost thereof, less the amount of
any damages suffered by the Government. (9 Comp. Dec, 43. )

CHAPTER IX.

MONEY ACCOUNTABILITY.

Subcbapter 1.— RENDITION OF ACCOUNTS.

809. General citations and cross reference:

(a) For general provisions regarding the rendition of money
accounts, see E. R. 21-24, 26, 27, 33.

(6) The Chief of Engineers to supervise all disbursements
by officers of the Corps, and his approval, so far as relates to
the necessity or expediency of the expenditures, and the
prices paid, to be final. (E. R. 1.)

(c) Officers or troops of the Corps of Engineers detached
from the command of the Chief of Engineers will continue to
conform to the regulations of the Engineer Department in
r^ard to the rendition of accounts. (A. R. 1524.)

(d) Reports of changes among employees to be made in con-
nection with the money accounts and forwarded to the Chief
of Engineers under the same cover. (Cir. 11, C. of E., 1898,—
§ 472.)

810. General provisions as to rendering accounts. — Com-
mencing with an assignment to a new station, each disbursing
officer not under bond will keep and render each account so as to
show the particular station and duty to which the account pertains.

Upon being relieved from duty at a station, he will either trans-
fer to his successor, or deposit in some United States designated
depository to the credit of the United States, the unexpended bal-
ance of public funds remaining in his hands or standing to his
credit in a depository, close his accounts, and make final returns,
marking the same —

" Final accounts at station."

143

144 MONEY ACCOUNTABILITY.

Upon being transferred to another station, the officer will open
new accounts entirely separate and distinct from previous ac-
counts, and continue the same as required by law and regulations
so long as he remains on duty at such new station.

In submitting explanations to suspended items or in deposits of
balances, or deposits to cover disallowed items, reference will be
made to the particular accounts (naming the station or period) to
which the explanations or deposits pertain.

If a disbursing officer remain at the same station four years
or more, he will, on the 30th day of June next following the ter-
mination of the four-year period, close his accounts and open new
ones, as required in cases of change of station.

The fact that an officer may be required to receive and disburse
the same appropriations at his new station that he disbursed at
his old one will not relieve him from the duty of closing his ac-
counts as herein required.

In settling accounts which have been segregated as required
above, the settlements by the accounting officers will be kept
separate and distinct, by stations or periods, as the case may be,
and will be stated as from the date of entrance on duty at a station
or beginning of a period to the date of the last accounts considered
in each settlement.

When an officer closes his accounts and opens new ones he
should deposit his unexpended balance and not carry the same
forward into his new accounts.

(Cir. 1, C. of K, 1899.)

311. Time of rendition and transmittal of acconnts.— All

monthly accounts shall be mailed or otherwise sent to the proper
officer at Washington within ten days after the end of the month
to which they relate, and quarterly and other accounts within
twenty days after the period to which they relate, and shall be
transmitted to and received by the Auditors within * * *
[sixty] days of their actual receipt at the proper office in Washing-
ton in the case of monthly [accounts covering expenditures from
appropriations for the army,] and sixty days in the case of
quarterly and other accounts. Should there be any delinquency
in this regard at the time of the receipt by the Auditor of a requisi-

MONEY ACCOUNTABILITY. 145

tion for an advance of money, he shall disapprove the requisition,
which he may also do for other reasons arising out of the condi-
tion of the officer's accounts for whom the advance is requested;
but the Secretary of the Treasury may overrule the Auditor's
decision as to the sufficiency of these latter reasons: Provided^
That the Secretary of the Treasury shall prescribe suitable rules
and regulations, and may make orders in particular cases, relax-
ing the requirement of mailing or otherwise sending accounts, as
aforesaid, within ten or twenty days, or waiving delinquency, in
such cases only in which there is, or is likely to be, a manifest
physical difficulty in complying with the same, it being the pur-
pose of this provision to require the prompt rendition of accounts
without regard to the mere convenience of th*e officers, and to for-
bid the advance of money to those delinquent in rendering them:
Provided further, That should there be a delay by the administra-
tive departments beyond the aforesaid twenty or sixty days in
transmitting accounts, an order of the President in the particular
case shall be necessary to authorize the advance of money re-
quested: And provided further, That this section shall not apply to
accounts of the postal revenue and expenditures therefrom, which
shall be rendered as now required by law.

The Secretary of the Treasury shall, on the first Monday of
January in each year, make report to Congress of such officers as
are then delinquent in the rendering of their accounts or in the
payment of balances found due from them for the last preceding
fiscal year. Sections two hundred and fifty and two hundred and
seventy-two of the Revised Statutes are repealed.

Section thirty-six hundred and twenty-two of the Revised
Statutes is amended by striking therefrom the following words:
"The Secretary of the Treasury may, if in his opinion the circum-
stances of the case justify and require it, extend the time herein-
before prescribed for the rendition of accounts."

(Sec. 12, Act of July 31, 1894,-28 Stat, 209,— modified by Act
of March 2, 1901,-31 Stats., 910; Cir. 4, C. of E., 1894, modified
to date. )

(a) Citation: Disbursing officers to render their accounts

monthly. (A. R. 631.)

24390-06 10

146 MONEY ACCOUNTABILITY.

312. Accounts current. — Two copies of the account current
will be made out so as to show the transactions under allotments
as well as under appropriation titles, while the third copy (for use
of the Auditor) will show the transactions consolidated under
appropriation titles. (G. O. 2, C. of E., 1906.)

313. Minus balances in accounts current.— Disbursements on
account of any appropriation in excess of the amount in the hands
of the disbursing officer under such appropriation are prohibited.
Minus balances under allotments from an appropriation, so long
as the account shows a balance on hand in the total column of the
appropriation are authorized when there are sufficient funds in
the Treasury on account thereof to cover the overdrafts. (Par. 4,
Cir. 3, C. of E., 1904.)

314. Citation and cross reference:

(a) For general provisions regarding the rendition of ac-
counts current, see A. R, 630-633.

(b) As to the extent to which allotments from appropria-
tions for fortification work may be consolidated in duplicate
accounts current, see Par. 3, Cir. 18, C. of E., 1903,— § 40.

315. Abstracts of disbursements. — The abstracts of disburse-
ments will conform to the Auditor's copy of the account current.
(G. O. 2, C. of E., 1906.)

VOUCHERS.

316. Eyidence of proper payment of Touchers. — Vouchers
must be stated in the name of the person, firm, company, or cor-
poration rendering the service or furnishing the articles for which
payment is made.

If the payee be a partnership, the receipt to the voucher should
be signed in the usual firm signature; if an incorporated or unin-
corporated company, the receipt should be in the company name,
followed by the autograph signature of the officer (with his title)
authorized to receive the money and receipt therefor.

Evidence of the authority of the officer receipting for an incor-
porated or unincorporated company must accompany the voucher,

MONEY ACCOUKTABILITY. 147

or be on file, unless the payment is made by a check drawn on a
United States depository to the order of the company, and that fact,
with the date and number of the check and name of the deposi-
tory, is stated on the voucher.

When a disbursing officer is satisfied that an attorney, agent,
or officer is authorized to receipt for his principal, whether an in-
dividual, firm, company, or corporation, the receipt of the prin-
cipal by the attorney, agent, or officer will be sufficient, without
proof of authority accompanying the voucher, provided that pay-
ment is made by a check drawn on a United States depository and
payable to the order of the principal, and the memorandum required
in the preceding paragraph is made upon the voucher.

All vouchers for services or supplies must contain a certificate of
the proper officer that the services have been rendered, and in
case of supplies, that they have been delivered and show by whom
received.

These regulations will not affect any additional regulations of
the several Departments, but are intended as a statement of the
requirements of the accounting officers as proof that payments are
made to the proper persons.

(Treasury Department Cir. 52, 1903, containing regulations of
the Comptroller of the Treasury, published in Cir. 6, C. of E.,
1903.)

31 7. Receipt of employee for supplies purchased.— The em-
ployee who receives supplies on behalf of the United States will
be required to acknowledge their receipt by his signature on the
bills attached to the vouchers, the signature to be followed by
the employee's pay-roll designation. In addition, the officer's
or agent's certificate on the voucher must show that the articles
have been delivered. (Cir. 9, C. of E., 19a3.)

318. Duplicate affidavits. — It is not necessary in making affi-
davits in support of vouchers filed with the accounts and returns o^
disbursing officers of the Army that they be taken in duplicate
when an extra expense to.the United States is incurred thereby,
a certified copy being sufficient for file with the officer's retained
papers. (Par. 1, Cir. 27, A. G. 0., 1897.)

148 MONEY ACCOUNTABILITY.

319. Relevancy of certificates.— Papers pertaining to money
accounts must be prepared in such a way as to show clearly for
what the United States is indebted, and all but appropriate cer-
tificates should be stricken out from the printed forms. (Cir. 6,
C. of E., 1898.)

320. Certificates on copies attaciied to Yoncliers.— Copies
of papers filed in support of vouchers must be certified to be true
copies by a disinterested officer or employee. Where such papers
refer to the transfer of title to lands purchased by the United
States, the copies must be certified by some officer of the Army
other than the disbursing officer claiming credit on the voucher.
(Cir. 22, C. of E., 1903.)

321. Statement of metliod of purcliase, etc.— Every voucher
for supplies or nonpersonal services must have expressed on its
face, immediately below the statement of the account, the mode of
procurement, using therefor one of the following notations:

1. ' Under formal contract, dated 19

2. Under emergency contract, dated 19

3. Under written notice, dated 19

4. Under oral agreement without advertising.

(Par. I (m), G. O. 4, C. of E., 1901.)

322. Certificate on voncliers for contract payments.— Where

contracts for material, supplies, or services of any nature, provide
that the articles or services contracted for shall be subject to in-
spection by an inspector for and on behalf of the United States,
such inspector's certificate should be filed in support of each
voucher for payment on such contract, and in addition thereto the
voucher for final payment should bear the certificate of the pay-
ing officer (or whomsoever the contract provides shall be author-
ized to certify satisfaction and acceptance) that the contract has
been complied with in accordance with its terms or specifications,
and that the articles or services contracted for have been accepted
as satisfactory by him on behalf of the United States. (Cir. 22,
C. of E., 1897.) •

(a) Cross reference: Penalties on account of extensions of

contracts to be deducted from payments to the contractors.

(G. O. 2, C. of E., 1892,— § 284.)

MONEY ACCOUNTABILITY. 149

323. Under written notice; certificates.— In all cases of the
purchase of supplies or procurement of nonpersonal services,
"under written notice," the voucher should contain a certificate
that the award was made to the low est responsible bidder for the
best and most suitable article or service. Where the appropriation
involved is for rivers and harbors or for fortifications, the follow-
ing additional certificate should appear: "The mode adopted was
that deemed most economical and advantageous to the United
States." (Cir. 6, C. of E., 1906.)

324. Under oral agreement; certificates.— When the mode

of procurement is under "Oral agreement without advertising"
one of the following certificates must be used:

1. Under an exigency requiring immediate delivery (or per-
formance) existing at the time of purchase (or engagement) which
would not admit of delay incident to advertising.

2. Competition impracticable because of .

3. No proposals received in response to advertisement.

4. Proposals received in response to advertisement rejected as
excessive or otherwise unreasonable.

5. That the method of purchase or procurement adopted was
that deemed most economical and advantageous to the United
States.

The fifth certificate is applicable only in the case of expendi-
tures from appropriations for rivers and harbors or fortifications.
(Par. I, Cir. 21, W. D., 1905, and G. O. 5, C. of E., 1905.)

325. Citation or authorities.- A certified copy of a letter of
authority or approval must be attached to the first voucher in
which the expenditure appears, and in case of a subsequent
expenditure under the same authority or approval, reference will
be made to the first voucher, and the Engineer Department file
marks of the papers granting the authority or giving the approval
will also be noted. (Par. 2, G. O. 2, C. of E., 1892.)

326. Payments from different appropriations or allot-
ments.— When a voucher pertains to more than one appropriation
or more than one allotment the amount chargeable to each should
appear on its face. The voucher brief should show the amount

150 MONEY ACCOUNTABILITY.

chargeable to each appropriation, but the distribution among
allotments may be omitted from the brief. (G. O. 2, C. of E.,
1906. )

327. Numbering of vouchers. — The vouchers for each month
must be numbered in one series instead of separate series for each
appropriation. (Cir. 1, C. of E., 1894.)

328. Cost of subsistence of employees to be shown on pay
rolls. — Officers will show, on all pay rolls and other vouchers cov-
ering payments to employees for whom board was paid or subsist-
ence furnished, the cost of same, or the cost that was not exceeded,
and the Engineer-Department authority therefor. The names of
employees furnished with board or subsistence should be indi-
cated by a letter or other character, referring to a note on the face
of the voucher which should state that board or subsistence had
been furnished by the United States with cost per day (or month).
A copy of the authority for furnishing board or subsistence should
be attached to the first voucher, rendered in accordance with the
requirements of this paragraph, and reference made thereto on
subsequent vouchers. (Cir. 17, C. of E., 1903.)

329. Citations and cross references:

(a) For general provisions regarding the preparation of
vouchers, see A. R. 635-656,— Par. 637 amended by G. O. 194,
1905, and by G. O. 11, 1906, W. D.

(6) As to the acceptance of certified copies in lieu of original
vouchers which can not be furnished, see E. R. 41.

(d) The bill of lading should be furnished with accounts
for transportation transmitted to the Treasury Department, or
its absence satisfactorily accounted for. ( Par. 9, Cir. 8, C. of E. ,
1899,— §220.)

(e) For directions of the Comptroller of the Treasury as to
accounts for transportation by freight or express, see Cir. 8,
C. of E., 1899,— §§214-224, 226, 227.

(/) As to certificate required on vouchers for mileage on
account of journeys performed without previous orders, see
E. R. 5.

MONEY ACCOUNTABILITY. 151

(g) The authority of the Chief of Engineers is required for
travel by civilian employees beyond the limits of the district
in which they are employed, and a certified copy of the
authority or approval of the Chief of Engineers should be
attached to the travel-expense voucher. (Cir. 14, C. of E.
1904,— §200.)

(h) As to the method of computing the number of days in
a month worked by per-diem employees, and as to the method
of determining their rate of compensation, see Cir. 18, C. of E.,
1888,— §§349, 479.

(i) The provision in the act of April 28, 1904 (33 Stats.,
513), for computing payments of annual or monthly compen-
sation of officers, agents, and employees of the United States
has no application to contracts for the payment of monthly
rental for leased premises. The word "month," when used
in a contract, in the absence of an expresse^l intention to the
contrary, means a "calendar" month, and a "calendar
month" is a month as expressed in the calendar, regardless
of the number of days it may contain. (11 Comp. Dec., 494. )

(j) As to method of settling accounts for advertising in
newspapers, see A. R. 505-508.

{k) Before disbursing officers can be allowed credit for pay-
ment of bills for publishing advertisements, there must be
presented with each voucher a properly certified copy of the
written authority for the publication. (Cir. 6, W. D., 1905.)

(1) Accounts for advertising to be submitted for audit as
soon as practicable after their receipt from the publisher.
(Cir. 2, C. of E., 1902,— §269.)

.{m) Vouchers for printing and advertising to be sent to the
Chief Clerk of the War Department for approval. (Cir. 10,
C. of E., 1897,— §506.)

(w) Although an oflScer or employee may be unable to
receipt for his salary, there is no authority of law for its pay-
ment to his wife upon her receipting in his name. (1 Comp.
Dec, 268.)

(o) Under the act of March 3, 1875, an officer or employee
is entitled to reimbursement for such traveling expenses only
as have been actually incurred by him in traveling upon

152 MONEY ACCOUNTABILITY.

public business, and to enable the accounting officers to deter-
mine what expenses have been so incurred the expenses must
be itemized and supported by subvouchers where practicable.
(5 Comp. Dec, 369.)

REPORTS OF OPEN-MARKET PURCHASES.

330. How to he rendered.— Reports of open-market purchases
will be rendered as prescribed in A. R. 552. (Par. I(n), G. O. 4,
C. of E., 1901, modified to date.)

331. What items to be included.— In the preparation of open-
market emergency reports, as required by A. R. 552, only pur-
chases made on same date which aggregate more than $200 will be
included.

Should a voucher aggregating more than $200 be made up of
items purchased o/i different dates, the total purchase on any date
not exceeding the prescribed amount, such purchases should not
be included in the report.

(Cir. 17, C. of E., 1901.)

332. To cont.ain explanations of delays in payment.— Offi-
cers are enjoined to make prompt payment of all liabilities; when
bills for emergency purchases are not paid within the month fol-
lowing that in which the debt was contracted, an explanation will
be entered on the list of open-market purchases, giving the rea-
sons why payment was not made at an earlier date. (Cir. 7,
C. of E., 1895.)

333. To show why competition is impracticable.— A brief
explanation should be made of the circumstances which render
competition impracticable when that is the reason given for using
this method of purchase. (Cir. 29, C. of E., 1904.)

Su1>cliai>ter 2.— MISCEL,l,ANEOlJS SUBJECTS.

334. Authority to bold funds in personal possession.— OflB-

cers desiring authority to hold outside the designated deposito-
ries, and at their own risk, a portion of the funds intrusted to
their charge, will make application through the Chief of Engi-

MONEY ACCOUNTABILITY. 153

neers, stating the maximum amount to be bo held, in order that
special authority from the Secretary of the Treasury may he ob-
tained in each case. Sums so kept shall be shown on the ac-
counts current, with the date of authority therefor. (Cir. 3, C.
of E., 1892, modified to date. )

Citations:

(a) The object or purpose to which the proceeds are to be
applied in case of any check drawn by a disbursing officer of
the Army for an amount to be retained in his possession by
authority of the Secretary of War under A. R. 586, or by any
disbursing officer given such special authority by the Secretary
of the Treasury under the provisions of R. S., 3620, must be
clearly indicated by a statement on the check that it is to obtain
cash to hold in personal possession, and date of authority to so
hold funds given. (Par. II, G. O. 81, A. G. O., 1899.)

(h) For authority to disbursing officers of the War Depart-
ment stationed in Alaska to hold funds in their personal pos-
session, see G. O. 120, W. D., 1905.

835. Stateiiioiits of balances in the Treasnry.— Each officer
having river and harbor accounts is directed to forward annually a
statement showing the balance in the Treasury, according to the
books in his office, on December 31, of each river and harlx)r ap-
propriation, and of each allotment accounted for thereunder, in-
cluding allotments for oi>erating and care of canal!* and removing
sunken vessels. P^ch appropriation carried in accounts should be
included in the list, whether there is a balance in the Treasury or
not, and the paper should be mailetl not later than January 20.

In determining the balance all estimates should be charged on
which requisitions have been issued by this office on or before
December 31, and all deposits made by the same date should be
credited.

(Cir. 25, C. of E., 1903.)

Lists of depositories. — Lists of depositories of public
moneys are issued from time to time in circulars from The Mili-
tary Secretary's office. (See A. R. 582. )

154 MONEY ACCOUNTABILITY.

ESTIMATES OF FUNDS.

337. Excessive balances in hand to be ayoided.— A. R. 581

requires that funds placed in the hands of disbursing officers be
limited to their needs for a brief period, which is construed to
mean one month or less. Officers should not submit excessive es-
timates, as such action will only delay the remittance of funds
urgently needed. (Cir. 3, C. of E., 1904.)

338. Balance of fnnds in hand to be shown.— Officers will
state, on the briefing fold of the estimate of funds, the balance of
funds remaining to their credit in each depository, on the date of
submitting the estimate. (Cir. 21, C. of E., 1899.)

339. Estimates for fortification funds.— In submitting esti-
mates of funds from fortification appropriations to be placed to
the official credit of officers, each allotment from which funds are
desired should be designated by a statement of the date on which,
the act from which, and the purpose for which, the allotment was
made, in addition to the title of appropriation. (Par. 5, Cir. 18,
C. of E., 1903.)

DEPOSITS.

340. Fortification funds. — When unexpended balances per-
taining to a fortification appropriation are deposited to the credit
of the Treasurer of the United States, the Chief of Engineers
should be immediately informed of the fact by letter; the letter
should give the date of each allotment to which the funds de-
posited pertain, the act from which the funds were allotted, and
the purpose for which allotted. As soon as the work under any
allotment is completed, the balance of the allotment should be
at once deposited to the credit of the appropriation. (Par. 6, Cir.
18, C. of E., 1903.)

(a) Citation: As to information to be furnished to chief of
bureau when any deposit of funds is made, see A. R., 613.

341. Citations:

(a) Unexpended balances of annual appropriations to be
returned to the Treasury within three months after the close
of the fiscal year; accounts outstanding for a longer period to

MONEY ACCOUNTABILITY. 155

be adjusted by the accounting oflBcers of the Treasury. (G. O.
73, W. D., 1903.)

(b) Vouchers for services or supplies furnished by one De-
partment, bureau, or oflSce to another Department, bureau,
or office must be sent directly to the Treasury Department
for settlement, or the amount deposited to the credit of the
proper appropriation, taking triplicate certificates of deposit
for the same, one of which must accompany the voucher.
(Treasury Circular 120, 1887; Cir. 14, A. G. 0., 1902; Cir. 9,
W. D., 1906.)

(c) As to turning in an old typewriting machine to the
manufacturers, the Government to be allowed a certain sum
therefor in connection with the purchase of a new machine,
and as to the deposit to be made on account of the amount
allowed to the United States for the old machine, see Cir. 1,
W. D., 1906.

(d) While the transfer of public moneys by one disbursing
officer to another iy not specifically prohibited by law, a dis-
bursing officer desiring to close his accounts can best accom-
plish that purpose by depositing the moneys in his possession
in a United States depository. (7 Comp. Dec, 373.)

(e) As to direct transfers of funds between oflScers, see
A. R., 598.

(/) Congress is vested by the Constitution with the exclusive
power of disposition of the personal as well as the real property
of the United States; and by R. S. 3618 Congress has pro-
vided generally that the proceeils of sales of personal prop-
erty of the United States shall be paid into the Treasury as
"miscellaneous receipts." The various funds received at
military posts, on military reservations, or otherwise, as com-
pensation for public property occupied, sold, or allowed to be
used or appropriated, or for labor furnished, or privileges or
facilities conceded, etc., are public money of the United States,
to be accounted for to the Treasury, and could not be legally
retained as a so-called "slush fund *' or disbursed for the use
or benefit of the post or command. The proceeds of all pub-
lic property of any material value, including all moneys exacted
or received from civilians, are to be turned into the Treasury;

156 MONEY ACCOUNTABILITY.

otherwise to dispose of them is embezzlement. (Dig. Op.
J. A. G., 2083.)

STATEMENTS OF DIFFERENCES.

342. Copies of statement and reply for Chief of Engi-
neers.— When a ''statement of differences" is received from the
Auditor, by an officer or agent disbursing pubUc money under the
Chief of Engineers, he will, with as little delay as practicable,
transmit to the Chief of Engineers a certified copy of that "state-
ment," together with a copy of his reply. (Cir. 24, C. of E.,
1885.)

CLAIMS FOR REIMBURSEMENT.

343. To be allowed only in certain cases. — If the exigencies
of the service demand that a civilian employee make small expend-
itures, he should take a receipt showing that he actually paid the
money and for what purpose, and this receipt should be filed with
the voucher for reimbursement.

Reimbursement vouchers of this character will be admitted only
when the employee expended money at isolated places, or at points
far remote from the station of a disbursing officer, and when sup-
ported by special vouchers in the form of receipts, showing that
the party claiming reimbursement has actually paid the amount
claimed.

The foregoing does not in any way relate to authorized expenses
of a civilian employee when traveling under competent authority.
(Cir. 6, C. of E., 1900.)

(a) Citation: An officer or employee who makes an expend-
iture from his own funds for a necessary expense of the Gov-
ernment is entitled to reimbursement therefor. (8 Comp.
Dec, 43.)

FEES FOR OATH IN VERIFICATION OF ACCOUNT.

344. Notaries and jnstices of the peace.— When an account,
or voucher in an account, is required by law or regulations to be
verified by the oath of an officer or employee of the Government,
for the cost of which oath said officer or employee is entitled to be

MONEY ACCOUNTABILITY. * 157

reimbursed, the following list of fees may be allowed, and none
other, except in cases where the persons claiming reimbursement
shall show that a different fee is prescribed, making specific refer-
ence to the statute authorizing the same, to wit:

Alabama:

Notary $0.50

Justice of the peace 25

Arizona:

Notary 75

Justice of the peace 75

Arkansas:

Notary 50

Justice of the peace 50

California:

Notary 50

Justice of the peace 25

Colorado :

Notary 25

Justice of the peace 25

Comiecticat:

Notary 35

Justice of the peace 10

Delaware:

Notary 50

Justice of the peace 25

District of Columbia:

Notary 50

Justice of the peace 50

Florida:

Notary 60

Justice of the peace 16

Georgia:

Notary 50

Justice of the peace 30

Idaho:

Notary 25

Justice of the peace 15

158 • MONEY ACCOUNTABILITY.

Illinois:

Notary $0. 25

Justice of the peace 35

Indiana:

Notary 50

Justice of the peace 25

Indian Territory:

Notary 25

Justice of the peace 25

Iowa:

Notary .30

Justice of the peace 30

Kansas:

Notary 25

Justice of the peace . , 20

Kentucky:

Notary 20

. Justice of the peace 20

Louisiana:

Notary 75

Justice of the peace 25

Maine:

Notary 25

Justice of the peace .".... 25

Maryla'nd:

Notary 62J

Justice of thie peace .'. .10

Massachusetts:

Notary 25

Justice of the peace .'.... - - . - - ... .... . ...... . - - 25

Minnesota:

Notary .25

' Justice of the peace.;......".............-..'......... .30

Michigan:

Notary 25

• Justice of th'e' p&vcc^' :::.:: ::::::::::::::::. . .'. /; 25

MONEY ACCOUNTABILITY. 159

Mississippi:

Notary $0.50

Justice of the peace 25

Missouri:

Notary 50

Justice of the peace 20

Montana:

Notary 50

Justice of the peace 50

Nebraska:

Notary 25

Justice of the peace 25

Nevada:

Notary. 75

Justice of the peace 50

New Hampshire:

Notary 25

Justice of the peace ^ 25

New Jersey:

Notaiy 32

Justice of the peace 32

New Mexico:

Notary 50

Justice of the peace 25

New York:

Notary 12

Justice of the peace 10

North Carolina:

Notary • 50

Justice of the j^eace 25

North Dakota:

Notary ^ 25

Justice of the peace 25

Ohio: •

Notary.: ;:..•..-:.-:.;.:.-.-;. -.--i.-.-- 40

Justice of the peace 40

160 MONEY ACCOUNTABILITY.

Oklahoma:

Notary $0. 25

Justice of the peace 35

Oregon:

Notary 1. 00

Justice of the peace 25

Pennsylvania:

Notary 25

(In Allegheny County the fee is $1; in Bedford, Berks,
Blair, Cameron, Center, Clinton, Columbia, Dauphin,
Delaware, Fulton, Lancaster, Lebanon, Luzerne, Ly-
coming, Montour, Northampton, Snyder, Somerset,
Westmoreland, and Wyoming counties, and in Phila-
delphia City and County, $0.37i; in Erie, Schuylkill,
and York counties, $0.31^.)

Justice of the peace 25

Rhode Island:

Notary 25

Justice of the peace —

South Carolina:

Notary 25

Justice of the peace 30

South Dakota:

Notary 25

Justice of the peace 25

Tennessee:

Notary 50

Justice of the peace 30

Texas:

Notary 25

Justice of the peace 25

Utah:

Notary ^ 50

Justice of the peace .25

Vermont:

Notary 25

Justice of the peace —

Virginia:

Notary 25

Justice of the peace 25

MONEY ACCOUNTABILITY. 161

Washington:

^'ota^y $0. 50

Justice of the peace 25

West Virginia:

Notary 25

Justice of the peace 20

Wisconsin:

Notary 25

Justice of the peace 25

Wyoming:

Notary 50

Justice of the peace 10

(Cir. 36, 1905, modified by Cir. 18, 1906, C. of E.)

845. Fees of United States eomniissioners.— A United States
commissioner is entitled to such fees only a&a.re prescribed by law.
The act approved May 28, 1896, fixes the fee of a commissioner
for administering an oath at 10 cents, making no provision for a
jurat or seal. (Cir. 18, C. of E., 1899.)

346. Citation:

United States commissioners are not required by law to have
official seals, and oaths administered by them to officers of
the Government in verification of their accounts for expenses
are valid without attestation by seal. (8 Comp. Dec, 575.)

347. To be incladed in account to whicli oath is made. —

In all cases where an officer or employee is required to swear to
his account he should pay the cost thereof and include the same
in his account and thus avoid the danger of duplicate charges and
a multiplication of accounts. (Cir. 18, C. of E., 1899. )

COMPENSATION TO EMPLOYEES.

348. Payment of salaries.— Section 4 of the act making appro-
priations for sundry civil expenses of the Government for the
fiscal year ending June 30, 1905, and for other purposes,
provides —

That the annual compensation of officers, agents, and employees
of the United States for services rendered subsequent to June

24390-06 11

162 MONEY ACCOUNTABILITY.

thirtieth, nineteen hundred and four, shall be divided into twelve
equal installments, one of which shall be the pay for each calen-
dar month; and in making payments for a fractional part of a
month, one-thirtieth of one of such installments, or of a monthly
compensation, shall be the rate to be paid for each day. For the
purpose of computing such compensation each and every month
shall be held to consist of thirty days, without regard to the
actual number of days in any month, thus excluding the thirty-
first day of any month from the computation and treating Feb-
ruary as if it actually had thirty days.

This act becomes operative relative to payments for all services
rendered after July 1, 1904, and applies only to annual and
monthly compensations; per-diem compensations will be paid as
heretofore.

In case of annual compensations one-twelfth of each said com-
pensation will be paid for each full calendar month's service
rendered by the same person, without regard to the actual number
of days in said month.

For the purposes of payment of annual or monthlj^ compensa-
tions, where there is no break of service, the 31st day of any
month will be treated as dies non. The last day of February will
be counted as three days and in leap year as two days.
. In making payments for a fractional part of a month, where
service has been performed therein by two or more persons hold-
ing the same office or place, one-thirtieth of one month's install-
ment of annual compensation, or of any monthly compensation,
shall be the rate to be paid for each day of service, except for the
31st day of any month, for which nothing can be paid, provided
the full salary is taken up in making payments for service accru-
ng before the 31st.

To illustrate: A person serving during the whole of a thirty-
one-day month will receive the full monthly salary and no more
or the one-twelfth of an annual salary and no more.

A person serving during the whole of February, a twenty-eight-
day month, shall likewise receive the full monthly salary, or the
one-twelfth of the annual salary.

A person appointed on the 31st day of a month will receive no
salary or compensation for said day's service if the full salary has
been earned by his predecessors.

MOKEY ACCOUNTABILITY. 163

A person serving from the 1st to and including the 15th day of
February will receive the fifteen-thirtieths of a month's salary.

A person succeeding him on the 16th day of February and hold-
ing until and including the 28th day of February will receive
thirteen-thirtieths of a month's salary, and in leap year foarteen-
thirtieths, if he serves on the 29th.

(Treas. Dept. Cir. 46, 1904, published in Cir. 23, AV. D., 1904;
A. R. 655.)

(a) Citation: The payment of monthly or annual compen-
sation under appropriations contained in army appropriation
acts is governed by the same principles, as to fractional parts
of a month, as prescriljed in the sundry civil appropriation act
approved April 28, 1904.— 33 Stats.,' 513. (Cir. 33, \V. D.,
1904.)

349. Method of computing ^vages earned. — "Employees who
are paid days' wages for days' work" shall be hired by the day or
hour, but in every case the day shall consist of eight hours only,
and in the preparation of the pay rolls the number of days in a
month worked by any employee, as above, shall \ye determined
(in the case where he is hired by the hour) by dividing the total
number of hours worked in the month by eight. (Cir. 18, C. of
E.,1888.)
Citations:

(a) For additional provisions regarding the computation of
wages due to per-diem employees, see A. R. 655.

(6) The payment of per-diem employees for days on which
the Departments are closed and public work suspended by
Executive order is not authorized unless they actually render
service on those days. (8 Ck)mp. Dec, 219.)

(c) As to payment of burial expenses of deceased employee
and application thereto of amount due him as salary or wages,
see Cir. 29, C. of E., 1900; 2 Comp. Dec, 347; 10 do., 845;
11 do., 789.

TELEGRAPH ACCOUNTS.

850. By whom to be settled.— Bills for all official telegraph
service will be settled by officers in the same manner as other ac-
counts. (Par. Ill, Cir. 10, C. of E., 1899, modified to date.)

164 MONEY ACCOUNTABILITY.

351. Copies to accompany accounts.— Accounts for telegrams
sent must be accompanied by the identical messages filed with the
telegraph company for transmission; and those for telegrams re-
ceived by the impression copies thereof submitted by the telegraph
company with its bills. (Par. IV, Cir. 10, C. of E., 1899.)

352. Rates. — Rates of pay for communications on official busi-
ness by telegraph and cable are published annually in General
Orders from The Military Secretary's Office.

353. Cross reference.— As to sending telegrams " Collect" and
"Prepaid," see Pars. I and II, Cir. 10, C. of E., 1899,— §§ 13, 14.

PAYMENTS TO OTHERS THAN CREDITORS.

354. Assignments of claims.— When claims or vouchers which
have been assigned are presented for payment the holders will be
informed that disbursing officers have no authority to make pay-
ments to them as assignees, and that payments can only be made

the original persons to whom the money is due. (Par. 1, Cir.
13, A. G. O., 1895.)

Citations and cross reference:

(a) As to the attachment or garnishment of funds due credit-
ors of the United States, see § 358.

(6) As to the settlement of accounts of heirs and personal
representatives of deceased creditors, see A. E. 656.

(c) Small claims against the United States — usually not ex-
ceeding $100 — due to the estates of decedents, will be paid with-
out administration directly to such persons as would be the
beneficiaries in case of administration (after approval of the
accounts by the Comptroller). (4 Lawrence, 1st Comptroller,
255.)

[d) Under a long-established practice of the accounting
officers a sum less than $100 due a deceased officer or employee
may (after approval of the account by the Comptroller) be
paid to his widow, without letters of administration, upon the
production of the evidence required in such cases. (18 Manu-
script Decisions of the Comptroller, 722; 3 do., 862.)

MONEY ACCCUNTABILITY. 165

MISCELLANEOUS CITATIONS AND CROSS REFERENCES.

355. In general:

(a) For general provisions regarding the money account-
ability of disbursing officers, st?e A. R. 580-660.

(6) An officer charged with any work involving the
expenditure of money to disburse the money for the same.
{E. R. 20.)

(d) Disbursing officers, when they have the money, shall
pay cash, and not open an account. ( E. R. 32. )

{e) When an officer is relieved from duty on any work, he
will certify the outstanding debts, and turn over the funds
(unless otherwise ordered) pertaining to the work, to his suc-
cessor, transmitting an account of the outstanding debts to
the Chief of Engineers. ( E. R. 31. )

(/) As to action to be taken upon the death of an officer in
charge of public property or funds, see A. R. 86.

(g) No obligation to be incurred in any fiscal year in excess
of the appropriation for that fiscal year; voluntary service for
the Government not to be accepted; expenditures from certain
appropriations to be so apportioned at the beginning of each
fiscal year by monthly or other allotments as to prevent
undue expenditures in one portion of the year that may
require deficiency or additional appropriations to complete
the service of the fiscal year. (R. S., 3679, amended by
deficiency act of March 3, 1905,-33 Stats., 1257— published
in Cir. 8, C. of E., 1905,— § 239.)

(/i) No public money to be expended for the erection of
permanent buildings of any description until the written
opinion of the Attorney-General shall have been obtained
announcing the validity of the title to the land in the Gov-
ernment, nor prior to cession of jurisdiction by the State in
which the land is situated. (R. S., 355; A. R. 708.)

(i) The employment of counsel at the expense of the
United States is under the Department of Justice. Officers
employing an attorney or counselor without being specially

166 MONEY ACCOUNTABILITY.

authorized to do so will be required to pay the expenses
attendant upon such employment. (A. R. 1004, 1005. )

ij) For certain provisions of law regarding the checks of
disbursing officers, see R. S., 306, 310, 3620, 3646, 3647, 5488.

{k) The Comptroller of the Treasury is not authorized to
render decisions to disbursing officers upon questions of law
pertaining to payments which have been made by them. (5
Comp. Dec, 727.)

(l) An officer charged with the duty of safely keeping and
paying over public money is not relieved from liability
although it is destroyed by fire while in his possession and
without negligence on his part. (1 Comp. Dec, 191.)

356. Travel and transportation:

(a) Accounts for transportation over bond-aided and 50-
per-cent roads to be adjusted by the accounting officers before
payment. (Cir. 16, C. of E., 1889; par. 12, Cir. 8, C. of E.,
1899,- § 223.)

(6) Mileage for travel on fortification or other military busi-
ness to be paid by the Pay Department. (Cir. 23, C. of E.,
1905, -§197.)

(c) The traveling expenses of civilian electricians under
the direction of the Chief of Artillery not to be paid by the
Engineer Department. (Cir. 13, C. of E., 1903,— § 201.)

357. Damages and repairs to private property by tlie
United States:

(«) The head of an Executive Department is not authorized
to pay the actual expenses of repairing a vessel injured in a.
collision with a Government vessel, the claim arising from
the collision being one for unliquidated damages caused by the
tort of the Government's officers. (1 Comp. Dec, 261.)

(&) Where an officer hires a boat in making preliminary
examinations in connection with river and harbor work, and
the same is lost in such work, without fault or negligence on
the part of the officer, by an inevitable accident, it is a case
of locatio rei, and under the law of bailments the United States
is not liable for the value of the property lost in the absence

MONEY ACCOUNTABILITY. 167

of a contract assuming such responsibility. (2 Com p. Dec,
332.)

(c) A claim for the value of a boat which was stolen while
in the possession of an officer of the Army upcjn hire is a
claim for unliquidated damages, which no executive officer is
authorized to settle. (4 Comp. Dec, 560.)

(d) The United States is not liable for the loss of a boat
hired by one of its officers under an oral contract not provid-
ing for such loss. (5 Comp. Dec, 15.)

(e) While repairs to private property are not ordinarily a
proper charge against the Government, yet when a public
officer deems it expedient and necessary, as a part of the
agreement for the hire of a private conveyance, as a horse
and wagon, that the Government assume the expense of
keeping it in good condition while in use, such an item of
expenditure is, under such circumstances, properly payable
from the appropriation from which the cost of hiring is pay-
able. (3 Comp. Dec, 196.)

(/) The United States is not liable for the unauthorized acts
or laches or negligence of its officers. (6 Comp. Dec, 751. )

358. Attnchmeiits:

(a) An attachment can not be enforced against public
money in the hands of a disbur^^ing officer of the Government,
and he is authorized to pay the Government's creditor with-
out regard to such attempted levy. (1 Comp. Dec, 171.)

{f>) It is well settled, upon considerations of public policy,
that funds in the possession of a paymaster of the Army or
other disbursing agent of the United States, due a« pay, salary,
or wpges,*to an officer or soldier of the Army, or other Govern-
ment employee, can not be attached in a suit instituted against
such officer, etc., by a private creditor. Where indeed the
pay due has been paid over to a third person as the authorized
agent or attorney of the party entitled to receive it, it may be
attached by the garnishee process in the hands of such per-
son. (Dig. Op., J. A. G., 1431.)

(c) The principle is well established that money in the hands
of a disbursing agent of the United States is not subject to at-
tachment i') a suit by a creditor of a party to whom such

168 MONEY ACCOUNTABILITY.

money is due and payable. A military disbursing officer is
therefore net empowered to pay moneys in his hands, due a
Government contractor, to any creditor of such contractor, or
to any person other than the contractor himself, or his agent
or attorney or personal representative; nor can he be made
liable to pay over any part of such moneys as garnishee in a
suit brought against such contractor. (Dig. Op., J. A. G.,
1432. )

{d) In a settlement with a contractor the officer represent-
ing the United States would not be authorized to pay over, to
a civil official holding process of attachment or execution
from a State court against the contractor, the amount of any
debt or debts due by the contractor to a creditor or creditors.
Payment must be made to the contractor personally, or to
his agent or attorney. (Dig. Op., J. A. G., 941.)

359. Applicability, etc., of appropriations:

(a) As to the applicability of annual appropriations, see 6
Comp. Dec, 815; 9 do., 243; 10 do., 284, 324.

(6) For a review of the laws and decisions relating to perma-
nent specific, permanent, and annual appropriations, and to
the covering into the Treasury to the credit of the surplus
fund of balances of appropriations not used, see 3 Comp.
Dec, 623.

(c) An appropriation made for the improvement of a river
by dredging the channel can not be used to build a training
wall as a part of the improvement. (3 Comp. Dec, 32. )

(d) Appropriations for continuing the improvement of
rivers and harbors, not being limited to a particular fiscal year
and being made (by section 5 of the act of June 20, 1874)
available until otherwise ordered by Congress, may be used
for the payment of expenses properly incurred at any time
after the work for which they are made was authorized. (2
Comp. Dec, 496.)

(e) Credit will not be given a disbursing officer for expendi-
tures under an appropriation in excess of the funds he had
in hand under that appropriation, except (1) for his own

. compensation and expenses duly authorized by law; (2) in

MONEY ACCOUNTABILITY. 169

cases of unintentional misapplication of appropriations, when
a transfer to adjust appropriations can be and is immediately
made. (4 Comp. Dec, 314.)

(/) As to the appropriation chargeable with the cost of
moving annament from the wharf to the battery preparatory
to mounting, see 4 Comp. Dec, 65.

CHAPTER X.

PUBLIC PROPERTY AND PROPERTY ACCOUiNTA-
BILITY.

USE FOR PEIVATE PURPOSES.

Such use forbidden. — It is to be understood as a rule
without exception (beyond that provided in § 361) that in no
manner, nor under any pretense, is public property of any sort, or
of value ever so little; or the use of public vessels, boats, or vehicles
of any kind; or the work of public laborers, mechanics, or teams;
or the use of public shops, tools, or machinery, to be applied to
any but the actual wants of the work in progress; a contrary ap-
plication for the advantage, comfort, convenience, or pleasure of
the superintendent or any other person is strictly prohibited.
(Cir. 7, C. of E., 1891.)

361. Use of boats, etc., in emergency, to save life or prop-
erty.— With reference to A. R. 681, by authority of the Secretary
of War, permission is given to officers of the Corps of Engineers
having charge of Government property, to use or loan Govern-
ment boats, barges, and other appliances, in cases of sudden
emergency not permitting request for previous authority, when
life is endangered. The use of such plant is also permitted to save
property, provided that no suitable private boats or appliances
are available, that the plant can be spared without detriment to
Government works, and that no extra expense to the United
States is incurred. Prompt report, with full statement of facts,
will be made to the Chief of Engineers of all such use of Govern-
ment property. (Cir. 18, C. of E., 1896.)

362. Cross reference:

A strict accountability for public property to be required by
officers of their subordinates. (Par. 3, Cir. 8, C. of E., 1900,—
§511.)
170

PUBLIC PKOPEKTY, ETC., ACCOUNTABILITY. 171

STATEMENTS OF FLOATING PLANT.

363. Officers will submit immediately after July 1 of each
year, and in time to reach the office of the Chief of Engineers not
later than July 15, full statements of all the floating -plant, the
property of the United States, pertaining to the works in their
charge. These statements will embrace all steam and sail vessels,
dredges, snag boats, pile drivers, quarter and survey boats, barges,
flats, and other plant not specially enumerated. In reporting
"flats" and plant of like character, officers will exercise a reason-
able discretion as to the items included, the object of these state-
ments being to maintain in {his office a complete record of float-
ing plant with regard to which inquiries are made from time to
time. The statements required herein will include information
on the following points for each item, so far as practicable, viz,
name or number, class and description, tonnage, when and where
purchased or built, material, <limensions (length, width, and
depth), first cost, estimated value, condition, where employed,
and work to which belonging. Under the head of class or de-
scription will be stated whether towboat, tug, naphtha launch,
hydraulic dredge, dipper dredge, model barge, or such other
description as will fully identify the general character of the
plant. When the plant is self-propelling it will be so stated in
the case of dredges or other plant of which the ordinary descrip-
tion is such as not to indicate this fact.

The necessary blank forms will be furnished upon application.

(Cir. 2, 1899, modified by Cir. 20, 1900, C. of E.)

INSTRIMENTS. ETC.

364^. Dispositionof iiistriimeiits, etc., not actually needed.—

Officers in charge of fortification and river and harbor works in
the United States will keep in their possession at any one time
only so many surveying instruments as are in actual use, as may
be needed for probable emergencies, or as will certainly l)e re-,
quired for use within the next succeeding four months.

All other transits, theodolites, sextants, plane tables, engineer
levels, precise levels, and level rods will be shipped to the officer
in charge of the Engineer Depot at Washington Barracks, District
of Columbia. All such shipments will be made by express, and

172 PUBLIC PROPERTY, ETC., ACCOUNTABILITY.

will be accompanied by letters of advice fully describing the
instruments shipped.

Hereafter when such instruments are needed requisition will be
made upon the officer in charge of the depot through the Chief
of Engineers, specifying the character and quality of instruments
desired; such requisitions will be promptly filled, and after use
the instruments will be promptly returned to the depot.

(Cir. 15, 1904, and Cir., Dec. 6, 1871, C. of E.)

365. Cross references:

(a) For instructions for packing and shipping surveying
and other delicate instruments belonging to the Engineer
Department, see G. O. 14, W. D., 1905,— §§ 229-235.

(6) For provisions regarding the issue of reconnaissance
instruments, etc., by the Engineer Department to the Army,
see G. O. 24, W. D., 1905, and Par. I, G. O. 86, A. G. 0.,
1903,— §§ 393-401.

TRANSFERS OR SALES OP PROPERTY.

366. Information circulars as to property, etc., needed or
available for transfer. — Information circulars will be issued on
the 10th day of each month, and oftener if necessary. These cir-
culars are intended to give notice of instruments, boats, plant,
etc., on hand and not needed for present use in the district imme-
diately concerned, and which are available for transfer to other
districts where they may be advantageously used. It is expected
that the officers interested in any transfer of property, etc., will
by correspondence arrange the necessary details and then secure
the requisite authority from the Chief of Engineers. Officers
desiring items inserted in the memorandum will prepare concise
statements, showing the character of the articles on hand or
desired. (Cir. 38, C. of E., 1905. )

367. Sales. — No sales of property will be made without author-
ity from or through the Chief of Engineers. Private sales are pro-
hibited. (Par. I, G. 0. 3, C. of E., 1868.)

368. Transfers between appropriations.-rProperty pertain-
ing to one appropriation, when transferred for expenditure in con-
nection with another, will be paid for by the latter, as in the case

PUBLIC PROPERTY, ETC., ACCOUNTABILITY. 173

of other property purchased from the usual sources of supply.
Special authority for such transfer of property is necessary when
the purchase of such property from the usual sources would, under
the regulations, require that authority. (Pars. II and III, G. 0.
3, C. of E., 1868.)

369. Transfers of fortifications to the artillery.— Before

turning over to the artillery any work of fortification the engineer
officer in charge will see that invoices are prepared containing a
complete list of all machinery, appliances, and material i)ertain-
ing to the work, with a sufficiently full description of each item to
establish its identity. The receipt from the artillery officer should
state that all the articles have been turned over to him in good
order and condition. (Par. 3, Cir. 2, C. of E., 1900.)

370. Citations and cross reference:

(rt ) As to transfers of property between accountable officers,
see A. R. 663, 669-674.

(6) As to the transfer of public property from one bureau
or Department to another, see A. R. 620, 675.

(c) Vouchers for services or supplies furnished by one De-
partment, bureau, or office to another Department, bureau, or
office must be sent directly to the Treasury Department for
settlement, or the amount deposited to the credit of the proper
appropriation, taking triplicate certificates of deposit for the
same, one of which must accompany the voucher. (Treasury
Circular 120, 1887; Cir. 14, A. G. O.,'l902; Cir. 9, W. D., 1906.)

(d) Submarine-mine property not to be used for other pur-
poses without prior authority of the Chief of Artillery. (Par.
II, G. 0. 86, W. D., 1905.)

(e) When defensive structures at seacoast fortifications are
turned over to the Artillery, all keys belonging thereto to be
transferred at the same time. (Par. I, G. 0. 172, W. D., 1905,—
§120.)

(/) When an officer is relieved from duty on any work, he
will, unless otherwise ordered, turn over the property per-
■ taining thereto to his successor. ( E. R. 31. )

(g) As to action to be taken upon the death of an officer in
charge of public property or funds, see A. R. 86.

174 PUBLIC PROPERTY, ETC., ACCOUNTABILITY.

(/<) As to turning in an old typewriting machine to the
manufacturers, the Government to be allowed a certain sum
therefor in connection with the purchase of a new machine,
and as to the deposit to be made on account of the amount
allowed to the United States for the old machine, see Cir. 1.
W. D., 1906.

(i) When old material, condemned stores, supplies, or other
public property of any kind is sold, the expenses of the sale,
as approved by the accounting officers of the Treasury, may
be paid from the proceeds of the sale, the net proceeds after
such payment to be deposited into the Treasury. (Act of
June 8, 1896; 29 8tats., 268, or 2 Sup. R. S., 508.)'

(j) The act of June 8, 1896, authorizing the payment of ex-
penses, "as approved by the accounting officers of the Treas-
ury," incurred in the sale of old material, etc., from the
gross proceeds thereof and the payment into the Treasury of
the net proceeds only, does not require that such expenses
shall be so approved before payment, but simply that an item-
ized account thereof shall be rendered to the accounting of-
ficers for settlement as any other item of expenditure of
Government funds. (3 Comp. Dec, 149.)

(k) The course authorized by the act of June 8, 1896, in the
payment of expenses of sales of old materials from the pro-
ceeds thereof and the deposit into the Treasury of the net
proceeds only, should be adopted in all cases, although there
may be an appropriation available for the payment of expenses
incurred in such sales. (3 Comp. Dec, 190.)

(I) Under the provision in the act of June 13, 1902 (32
Stats., 373), authorizing the sale of land or other property
purchased for the improvement of rivers and harbors, which
is not serviceable, and the placing the proceeds thereof to the
credit of the appropriation for such improvement, an ex-
change of old material for services or articles is authorized.
(9 Comp. Dec, 311.)

PROPERTY LOST, EXPENDED, OR UNSERVICEABLE.

371. Prior authority required before dropping from
returns. — All affidavits or officers' certificates covering damage

PUBLIC PROPERTY, ETC., ACCOUNTABILITY. 175

to or loss or destruction of engineer property, as contemplated in
A. R. 687, should be sent to the Chief of Engineers, and the prop-
erty should not be dropped from the returns in advance of action
by the Department. (Cir. 4, C. of E., 1896.)

372. Circunistaiices to be set forth in detail.— For a clear

understanding in each case the affidavits or certificates should set
forth in detail all circumstances attending the loss, damage, or
destruction. (Cir. 4, C. of E., 1896.)

373. Affidavits, etc., need not be in duplicate.— Affidavits or

certificates need not be executed in duplicate, a copy of the original
being sufficient for file with the retained copy of the property
return. (Cir. 26, C. of E., 1905.)

374. Metliod of forwarding affidavits, etc.— When two or
more affidavits an^ certificates are forwarded at the same time,
they should be accompanied by a letter of transmittal; a single
affidavit or certificate should be forwarded by indorsement. (Cir.
26, C. of E., 1905.)

375. Information for inspectors. — Officers will inform the
inspectors-general, who regularly inspect their disbursements and
accounts, when they have proi)erty requiring the action of an in-
spector, where it is located, and the beat way to reach the respec-
tive places. This notice should be sent a reasonable time prior to
the probable date of the inspector's regular visit, which can be
readily approximated. (Cir. 3, C. of E., 1898.)

376. * * *

377. Lost property. — When property has been lost applica-
tions for relief shall be submitted at least as often as half-yearly,
and when practicable quarterly, accompanied by the usual affi-
davits or certificates.

In all cases where affidavits are required it is preferred that
they should not be sworn to before a notary public who is em-
ployed under the Engineer Department.

(Cir. 6, C. of E., 1899.)

378. Expended property.— No articles of public property
should be dropped under the head of "expended" except those

176 PUBLIC PROPERTY, ETC., ACCOUNTABILITY.

that become fixtures or lose their identity in use; all others should
be preserved and submitted for the action of an inspector. (Cir.
7, C. of E., 1894.)

(a) Citation: When articles have been expended and applied
to the purpose for which purchased the voucher for their
purchase may contain a certificate to that effect, and the articles
need not be taken up on property returns. (E. R. 43.)

379. Fortifications: Articles not expendable. — Officers will
not expend or drop as expended from their property returns
machinery or appliances installed as part of any emplacement,
battery, or power plant. This applies to all machinery and ap-
pliances, whether in permanent positions, such as boilers, engines,
dynamos, switchboards complete, pumps, motors, controllers,
switches, lamp fixtures, storage batteries, electric fans, transform-
ers, telephones, etc., or whether they are movable like trolleys,
differential pulleys, tools, portable ammeters and voltmeters,
testing sets, thermometers, indicators, tachometers, hose, etc.

These articles, as well as expendable articles, will be taken up
and accounted for on the property returns, and when transferred
will be transferred on regular invoices and receipts.

(Cir. 45, A. G. 0., 1901.)

380. Fortifications: Expendable articles.— No items of prop-
erty are considered expendable except those that have become fix-
tures, being permanently built into the work, or those that have
actually lost their identity by use.

The first class comprises electric wire circuits, junction boxes,
underground and interior conduits, pipe lines, speaking tubes,
tracks, trolley rails, etc.

The second class comprises acids, cotton waste, emery paper,
glue, oil, mercury, paint, paraffin, insulating tape, resin, solder,
tallow, varnish, lamps, fuses, etc.

Iteuis of the first class may be disposed of on the returns by
stating clearly in the proper columns the exact manner of their
disposition or expenditure.

Items of the second class actually expended may be disposed of
on the returns in the same manner, as "expended in construction,
operation, or repair of plant."

PUBLIC PROPERTY, ETC., ACCOUNTABILITY. 177

In case a doubt exists as to whether certain articles are expend-
able under the above classification, a certificate covering the
expenditure of the property will be submitted as required by
A. R. 687, the items being accounted for on the returns until
action has been taken by the Secretary of War.

Care should be exercised to report all transactions in the proper
columns.

(Cir. 45, A. G. O., 1901.)

381. China and glassware.— Upon their certificates that the
articles were actually broken in service, without carelessness or
neglect, officers are authorized to drop from their property returns
articles of china and glassware belonging to mess outfits: Provided^
That the number of articles of one kind so dropped in any quarter
of a fiscal year shall not exceed five (5) per cent of the number of
that kind carried on the returns, and in any fiscal year twenty
(20) per cent of such number. The certificates will accompany
the returns on which the articles are dropped. (Cir. 14, C. of E.,
1899.)

382. Brooms, brashes, etc.— Upon their certificates that the
articles were worn out in the public service, are worthless, and
have no salable value, officers are authorized to drop from their
property returns, without the action of a board of survey or of an
inspecting officer, brooms, brushes, chamois skins, dish cloths,
dish towels, dusters, mops, and sponges. (Cir. 13, C. of E.,
1900.)

383. Boats.— Skiffs or barges of slight cost and not worth the
expense of caring for them or of transporting them to some other
locality where they may be of service, may be disposed of in the
following manner:

The property should be inspected by an officer or civilian em-
ployee of the United States, and a certificate or an affidavit pre-
pared, stating the condition of the property, its possible valuation,
whether it would pay the cost of sale at the particular locality, or
whether it could be sold at all. This certificate or affidavit should
be forwarded to the Secretary of War, through the Chief of Engi-
neers, by the responsible officer, who will indorse his views on it,

24390-06 12

178 PUBLIC PROPERTY, ETC., ACCOUNTABILITY.

together with the approximate cost of sending an officer from the
nearest military post to inspect the property.

In cases where the property has no salable value at the place
where located and will not warrant transportation to any other
point for sale, it should be destroyed in the presence of the in-
specting officer, and the fact of such destruction covered by his
affidavit or certificate.

(Cir. 4, C. of E., 1901.)

384. Collecting unserviceable property.— The utmost econ-
omy should be exercised in gathering unserviceable property
together, using Government transportation whenever practicable.

(Cir. 7, C. of E., 1894.)

386. Citations:

(a) For general provisions regarding property lost, ex-
pended, unserviceable, etc., see A. R. 682-696, 713-728,— Par.
720 amended by G. 0. 71, 1905, and Par. 722 by G. 0. 170,
1905, and G. O. 53, 1906, W. D.

(6) For regulations regarding the condemnation of prop-
erty by inspectors, see A. R. 911-921.

RENDITION OF RETURNS AND OTHER PROPERTY PAPERS.

386. Returns to be rendered semiannually.— Property re-
turns will be rendered semiannually, on March 31 and September
30 of each year. (Par. 1, Cir. 7, C. of E., 1904.)

387. Consolidated returns. — Except as hereinafter set forth, a
separate property return for each work is not required, and officers
are authorized to render, for their respective districts, such con-
solidated property returns as in their opinion will best promote
efficiency and economy.

In effecting the consolidation above outlined, officers will not
carry it further than to include:

(ffi) A single return for each engineer district concerned, show-
ing all property pertaining to river and harbor works.

(6) A single return for each engineer district concerned, show-
ing all property pertaining to fortifications.

PUBLIC PROPERTY, ETC., ACCOUNTABILITY. 179

When two or more returns are combined, the first consolidated
return submitted will show the individual returns of which it was
formed.

(Cir. 8, C. of E., 1900, modified to date.)

388. Abstracts of property paid for.— Abstracts of property
paid for will be sent to the Chief of Engineers with the money
accounts for each month. (Cir. 5, C. of E., 1892. )

389. Inventory and inspection reports. — Inventory and in-
spection reports, prepared under A. R. 912, will show the class of
works to which the property pertains, whether to rivers and
harbors, to fortifications, etc.

The items on any inventory and inspection report should not
pertain to more than one property return.
(Cir. 5, C. of E., 1906.)

390. General citations and cross references:

(a) For general provisions regarding public-property ac-
countability and responsibility, see A. R. 661-707, 713-728,
911-921,— Par. 720 amended by G. O. 71, 1905, and Par. 722
by G. O. 170, 1905, and G. O., 53, 1906, W. D.

(6) As to the proceeds of sales of public property, see A. R.
618, 619. ♦

(c) Bills attached to vouchers for the purchase of supplies
to contain the receipts of the employees receiving them; also
the certificates on the vouchers to show that the articles have-
been delivered. (Cir. 9, C. of E., 1903,- § 317. )

(d) Searchlights and their accessories for use in connection
with submarine defense are to be accounted for on Engineer
returns. (Par. II, G. O. 47, W. D., 1905.)

(c) Thermometers and hygrometers for use in connection
with the ventilation of magazines to be carried only on ord-
nance property returns. (G. 0. 34, W. D., 1905.)

(/) All portable ammeters and portable voltmeters used at
seacoast fortifications to be accounted for on Signal-Corps
property returns, and requisitions therefor to be made only
through the prescribed channels on the Chief Signal Oflicer of
the Army. (Par. II, G. 0. 151, W. D., 1905.)

180 PUBLIC PROPERTY, ETC., ACCOUNTABILITY.

{g) The district artillery engineer to be accountable for all
Engineer-Department property in the charge of the artillery
in his district. (G. 0. 109, W. D., 1904.)

{h) As to the purchase of typewriting machines, see Cir. 28,
A. G. O., 1901.

(^) As to the preparation of the Biennial Register, and the
information which it is to contain concerning ships and ves-
sels of the United States, see sec. 73, act of January 12, 1895, —
28 Stats., 618.

(j) An officer is not authorized to insure public money or
property. (A. R. 597.)

CHAPTER XI.

FURNISHING SUPPLIES, ETC.

GENERAL PROVISIONS.

391. Citations:

(a) A number, not to exceed five hundred, of each map or
atlas published by the Geological Survey, shall be distributed
gratuitously among foreign governments and the Departments
of the Government of the United States, etc. (29 Stats., 701;
2Sup. R. S., 616.)

(6) No free distribution permitted of charts of the Coast
and Geodetic Survey except to the Departments and officers
of the United States requiring them for public use, * * *.
(28. Stats., 620; 2 Sup. R. S., 361.)

(c) All charts furnished to mariners or others not in the
Government service to be paid for at the cost price of paper
and printing paid by the Government. (Naval appropria-
tion act of May 4, 1878,-20 Stats., 51, or 1 Sup. R. S., 160.)

(d) Vouchers for services or supplies furnished by one De-
partment, bureau, or office, to another Department, bureau,
or office must be sent directly to the Treasury Department for
settlement, or the amount depositetl to the credit of the proper
appropriation, taking triplicate certificates of deposit for the
same, one of which must accompany the voucher. (Treasury
Circular 120, 1887; Cir. 14, A. G. 0., 1902; Cir. 9, W. D., 1906.)

(e) As to turning in an old typewriting machine to the
manufacturers, the Government to be allowed a certain sum
therefor in connection with the purchase of a new machine,
and as to the deposit to be made on account of the amount
allowed to the United States for the old machine see Cir.
1, W. D., 1906.

181

182 FURNISHING SUPPLIES, ETC.

FOR THE ARMY IN GENERAL.

392. Citations:

(a) The duties of the Corps of Engineers include recon-
noitering and surveying for military purposes, including the
laying out of camps; selection of sites and formation of plans
and estimates for military defenses; construction and repair
of fortifications and their accessories; the supervision of the
location of all buildings in or within one mile of any fortifica-
tion; the installation of electric power plants and electric
power cables connected with seacoast batteries, except cables
used only for the transmission of information, and furnishing
the necessary electrical supplies connected therewith; plan-
ning and superintending of defensive or offensive works of
troops in the field; examination of routes of communications
for supplies and for military movements; construction and
repair of military roads, railroads, and bridges; military dem-
olitions; execution of river and harbor improvements assigned
to it, and such other duties as the President or Congress may
order. (A. R. 1522.)

(6) As to intrenching tools to be furnished to the infantry
for field service, see G. O. 23, W. D., 1906.

(c) As to books and instruments to be procured by oflScers
at their own expense for use at officers' schools at posts, see
Par. I, Cir. 8, A. G. 0., 1902, and Par. II, G. O. 89, A. G. O.,
1903.

{d) As to the purchase of typewriting machines, and as to
the requirement that all purchasing officers report monthly
to the chiefs of bureaus, for the information of the Secretary
of War, the numbers and kinds of typewriting machines pur-
chased and the prices paid therefor, see Cir. 28, A. G. 0.^
1901.

RECONNAISSANCE INSTRUMENTS, ETC.

393. For use in the field and for instruction purposes.—

The following allowances of reconnaissance instruments to be
issued by the Engineer Department are intended to provide for

FURNISHING SUPPLIES, ETC. 183

the needs of the different organizations when in the field and for
instruction purposes in post and garrison schools:

Each company of infantry, troop of cavalry, battery of field
artillery, and company of coast artillery —

1 sketching case.

1 prismatic compass.

1 box compass.

2 rectangular protractors.

1 hand level, or clinometer.

1 pace tally.

1 notebook (field).

1 reconnaissance pad,
and, in addition to the above, to each company of infantry one
pedometer, and to each battery of field artillery two odometers.
The foregoing articles will be issued to the commanding officer of
the organization, who shall receipt for them and be accountable
to the Chief of Engineers, United States Army, for the property.

(Par. 2, G. O. 24, VV. D., 1905.)

894. For infantry, cavalry, or field-artillery posts.— In

addition to the articles accounted for by the various organizations,
there is authorized for each post garrisoned by infantry, cavalry,
or field artillery the following articles, to be accounted for by the
post engineer officer:

1 set drawing instruments.

1 drawing board.

1 semicircular protractor.

1 T square.

1 straightedge.

2 triangles.

1 triangular scale.

1 metallic tape, 50 feet.

1 chain, 100 feet, with pins.

2 sketching cases.

2 hand levels, or clinometers.
1 prismatic compass.

1 box compass.

2 rectangular protractors.

184 FURNISHING SUPPLIES, ETC.

2 pace tallies.

2 notebooks (field).

2 reconnaissance pads.

(Par. 3, G. 0. 24, W. D., 1905.)

395. Stationery and drawing materials.— Notebooks and
reconnaissance pads for use in connection with prismatic and box
compasses will be issued by the Engineer Department; but all
paper, including drawing paper and that required for the sketch-
ing cases, tracing cloth, inks, pencils, erasers, etc., will be fur-
nished by the Quartermaster's Department. (Par. 4, G. 0. 24,
W. D., 1905.)

396. Transits and wye levels.— Transits and wye levels will
not hereafter be issued to posts garrisoned by infantry, cavalry,
or field artillery, except as noted below. A reasonable supply of
these instruments will be maintained by the engineer officer of
each military division, from whom they can be obtained by the
post engineer officer on memorandum receipt when actual survey
work renders their use necessary. The use of such instruments
for instruction purposes in post and garrison schools is not com-
templated.

The restrictions above with reference to the issue of transits and
Wye levels will not be held to apply to posts in the Philippine
Islands, where the articles authorized for each post may be in-
creased or diminished as the commanding general of the Philip-
pines Division may direct.

(Pars. 5 and 9, G. O. 24, W. D., 1905. )

397. Blank forms. — Blank forms of requisition (Form 39) and
blank forms of property return (Form 13) will be supplied by the
Chief of Engineers as needed. (Par. 6, G. 0. 24, W. D., 1905.)

398. Rendition of returns.— Returns will be rendered regu-
larly every six months (March 31 and September 30) within
twenty days after the expiration of each period. In the Philip-
pine Islands engineer property returns will be transmitted through
the engineer officer of the division; in all other cases returns
should be mailed direct to the Chief of Engineers. (Par. 7, G. 0.
24, W. D., 1905.)

FURNISHING SUPPLIES, ETC. 185

399. Reqnisitions. — Requisitions for reconnaissance instru-
ments after approval by the post commander will be sent to the
post engineer officer and by him to the engineer officer of the
division. The post and division engineer officers will issue such
of the articles called for as they may have on hand available for
issue, provided the number of serviceable articles stated as on
hand, plus the number called for, does not exceed the authorized
allowance. The number of articles so issued will be noted on the
requisition and the latter forwarded to the Chief of Engineers.
At seacoast artillery posts the requisitions will be forwarded to
the engineer officer of the division through the district artillery
engineer, who is authorized to make issues in the manner pre-
scribed above for post engineer officers. (Par. 8, G. O. 24, W. D.,
1905.)

400. Articles to be turned in. — Articles of engineer property
now at posts garrisoned by cavalry, infantry, or field artillery,
and not included in the above allowances, should, if not actually
needed, be reported to the Chief of Engineers with a view to their
shipment to the nearest engineer depot. (Par. 10, G. O. 24, W.
D., 1905.)

401. Memorandum recoipls.— Except as authorized in Gen-
eral Orders, No. 109, War Department, June 20, 1904 (regarding
the duties of artillery, district, and post staff officers, — § S90g),
and in paragraph 5 herein, the issue of engineer property on
memorandum receipt is forbidden, and the filing of such a receipt
with the property return will not relieve the accountable officer.
(Par. 11, G. 0. 24, W. D», 1905.)

402. Engineer transits. — Engineer transits will be issued by
the Engineer Department, and requisitions for these instruments
should be made on that department. (Par. 1, G. O. 86, A. G. O.,
1903.)

FOR THE ORGANIZED MILITIA.

403. Citation :

As to the issue of engineer supplies to the organized militia
of the States, Territories, and District of Columbia, see A. R.
1539, and Par. I, Cir. 43, W. D., 1904.

186

FOR FORTIFICATIONS IN GENERAL.

404. By the Engineer Department.— For the fortifications and
their accessories, the Engineer Department will supply and install
all necessary electrical appliances and apparatus for furnishing
light and power, including rubber matting for dynamo rooms,
switch boards and instruments attached thereto, and searchlight
equipments, with the exception of the motors permanently at-
tached to the gun and mortar carriages, and except where central
electric plants have been installed which provide current for the
post as well as the fortifications, in which case the necessary sup-
plies, etc., will be furnished in accordance with the provisions of
A. E. 1066. The Engineer Department will also make repairs to
the fortifications, including the ramps, gutters, etc., connected
therewith. It will also, as funds permit, supply reserve lanterns
for emplacement illumination when the electric current is inter-
rupted. (Par. 5, G. O. 72, W. D.', 1906.)

405. By the Ordnance Department.— The Ordnance Depart-
ment will furnish all motors to be attached to gun and mortar
carriages, and mechanical loading apparatus, including motor gen-
erators, switch boards, terminal boxes, resistances, flexible metal-
lic conduits, dry-cell batteries, magneto generators, conductors,
connections, etc., required for the power, illumination, and firing
circuits attached to carriages; will supply all bench and hand tools
and appliances for engineer power plants and ordnance repair
shops, including supplies for the latter; will furnish and install,
in buildings provided by the Quartermaster's Department, such
machines, tools, etc., as may be prescribed for ordnance repair
shops; will make all necessary repairs to guns, carriages, and
instruments of the fire control and direction system furnished by
it, including implements, accessories, tools, etc. ; will furnish ther-
mometers and hygrometers for use in connection with the venti-
lation of magazines, and stencils for all gun and mortar letters and
figures for designating emplacements, etc. Clinometers and rests
for each caliber and model of gun in service will be supplied by
the nearest district armament officer of the Ordnance Department
whenever needed by artillery officers in complying with the require-
ments of General Orders, No. 65, Headquarters of the Army, Adju-

FURNISHING SUPPLIES. ETC. 1ST

tant General's Office, 1901,— § 1506. (Par. 7, G. O. 72, W. D.,
1906.)

406. Bj the Quartermaster's Department. — The Quarter-
master's Department will furnish all fuel and engine supplies,
such as waste, lubricating oils, oil lamps, brooms, brushes, coal-
handling and fire tools, and appliances, etc., necessary for the
maintenance, operation, and preservation of all electric plants;
for central plants, which furnish current to the post as well as to
the fortifications, it will, in addition, furnish all material and
funds necessary for their repair and preservation. ( A. R. 1066. ) It
will also furnish such materials as may be needed for the use of the
battery mechanics, all grass-cutting tools, and all carpenter's tools.
When, under the provisions of paragraph 1535, Army Regulations,
any seacoast post, or any part of it, has been turned over to and
garrisoned by the coast artillery, all repairs to the post buildings,
and to all plumbing, water-supply and sewer systems, roads,
walks, and grounds will be made by the Quartermaster's Depart-
ment, governed in this work by the provisions of paragraph 1534,
Army Regulations. (Par. 8, G. 0. 72, W. D., 1906.)

407. By the Signal Corps.— The Signal Corps* will supply all
the necessary lines and means of electrical communication, includ-
ing telephones, dial and other telegraphs, wiring, all necessary
electrical instruments not permanently attached to the switch
board, including portable ammeters and portable voltmeters, and
such special instruments as may be directed to be supplied by the
Secretary of War. (Par. 6, G. O. 72, W. D., 1906.)

408. Cross references:

(a) For provisions as to when armament at seacoast defenses
is to be mounted by the Engineer Department and when by
the artillery, see Par. 2, Cir. 5, A. G. O., 1896,— §§ 132-135.

(b) Stencils for figures and letters to designate emplacements
to be furnished by the Ordnance Department. (Par. II, G. 0.
51, W. D.,1906,— § 118.)

(c) Seeds, nuts, acorns, etc., for planting for the conceal-
ment of batteries may be supplied by the Engineer Depart-
ment. (Letter of The Military Secretary, dated August 12,.
1904, E. D., 51394/3; Cir. 7, Atlantic Division, 1904,— § 152*.)

188 FURNISHING SUPPLIES, ETC.

FOR FIRE-CONTROL INSTALLATIONS.

409. By the Engineer Department.— The Engineer Depart-
ment will erect all stations (including battle and battery com-
mander stations; primary, secondary, and supplementary stations
for fire commands, mine commands, and batteries; searchlight,
tide-gauge, and meteorological stations, etc.), switch-boardrooms,
and telephone and telautograph niches and booths for emplace-
ments and stations, all protected in the best manner practicable;
it will furnish circular benches around observing instruments and
plotting boards, and to reduce the noise will furnish corrugated
rubber floor cloth for the floors of stations and telephone booths;
it will also furnish searchlights and the electric power current
required for all fire-control purposes (except that derived from
Signal-Corps storage batteries installed to operate telautographs),
together with electric lamps and other material for lighting all sta-
tions, etc. ; it will also furnish and install all wiring, underground
or overhead, for lighting and power. (Par. 1, G. O. 72, W. D.,
1906. )

410. By the Sig:iial Corps.— The Signal Corps will supply all
instruments for communication. This will include all manner of
telephones, telegraphs, telautographs, and megaphones which may
from time to time be prescribed, with their primary and storage
batteries, storage-battery switch boards, motor generators, boost-
ers, and the necessary cables of all kinds required for operating
and interconnecting them. It will also supply electrical clocks,
time-interval bells, firing signals, zone signals, aeroscopes, field
glasses, telescopes (other than battle, fire, and mine commanders'
telescopes), and meteorological instruments. It will furnish and
install all submarine cables for communication, including the con-
struction of cable terminals, but excluding cover for the terminals
or the cable approaches. It will also furnish all cable for communi-
cation by overhead or underground lines and the necessary termi-
nal boxes. In case of underground lines, the cables will be placed
in trenches or ducts by the Engineer Department. In case of over-
head lines, they will be installed by the Signal Corps. Where
practicable, any pole lines which have been installed by the Engi-
neer Department for light and power wires may, with the consent

FURNISHING SUPPLIES, ETC. 189

of that Department, be utilized by the Signal Corps for any of
these wires. (Par. 2, G. O. 72, W. D., 1906.)

411. By the Ordnance Department. — The Ordnance Depart-
ment will supply range finders, observation telescopes, plotting
boards, deflection boards, range boards, azimuth prediction
boards, wind component indicators, azimuth instruments, stop
watches, scale arms, materials for the construction of battle and
difference charts, range tables, prediction scales, set-forward
rulers, drawing boards, drawing instruments, draftsman's supplies,
etc., prescribed for use in connection with the fire control and
direction system for coast fortifications and for the control of
mine fields. (Par. 3, G. O. 72, W. D., 1906.)

412. By the Qnartermaster's Department. — The Quarter-
master's Department will supply stationery, heating apparatus,
oil lamps, and furniture (not including rubber floor cloth nor
circular benches for observers and plotters). (Par. 4, G. O. 72,
W. D., 1906.)

413. Citation and cross reference:

(a) For directions regarding the coordination of the work
of the Engineer Department with that of the Signal and
Artillery Corps in connection with the installation of Signal-
Corps apparatus for fire-control purposes, see circular letter,
C. of E., October 6, 1905,— § 146.

CHAPTER XII.

CIVILIAN EMPLOYEES.

AUTHORITIES FOR EMPLOYMENT.

414. For what required. — In the execution of any work car-
ried on under the direction of the Chief of Engineers, his authority-
must be obtained for the —

1. Employment of all educational employees, and of all non-
educational employees of class 1 or higher classes, except mechanics
and other skilled laborers hired by the day, when such daily rate
is regulated by local rates for similar services.

2. Board or subsistence of all employees.
(Pars. 1 and 2, Cir. 18, C. of E., 1904.)

415. Designations to he used.— The designations to be used
in asking for authority will be those given in section 1, Circular
No. 14, series of 1902, Office Chief of Engineers, ( §§427-430), and the
same designations will be conformed to on pay rolls. Special desig-
nations other than these will not be used without approval of the
Chief of Engineers. Employments which are included under a
general designation, such as junior engineer, engineman, and the
like, should be explained by stating the kind of duty to be per-
formed: e. ^., junior engineer (inspector); engineman (locomotive
engineer), etc. (Pars, la and lb, Cir. 18, C. of E., 1904.)

416. When authority applies to individual.— In making
application for authority, the individual will be mentioned by
name in the following cases and the authority will apply to the
person occupying the position and not to the position itself: All
employees holding educational positions; all noneducationa-
employees of class 3 or higher classes.

190

CIVILIAN EMPLOYEES. 191

Authority should not be requested unless the individual named
is eligible for the position under civil service rules. In cases when
the name of the individual is not known provisional authority
may be granted, subject to confirmation when the name of the
employee shall be reported. In the reemployment of named em-
ployees, on furlough or laid off, the rates paid when last employed
in the Engineer Department should not be exceeded.

(Par. Ic, Cir. 18, C. of E., 1904.)

417. Limiting compensation. — The class of an employee is
determined by his total compensation, that is, salary paid plus cost
of board or subsistence, if furnished. The maximum compensa-
tion of all named employees will be fixed by the Chief of Engi-
neers. In all other cases the limiting maximum compensation
will be that of the class authorized. (Par. Id, Cir. 18, C. of E.,
1904.)

418. Changes in compensation by officer.— Appointments
may be made at a less rate than that authorized. In such cases if
an employee's services have been thoroughly satisfactory, the
amount of compensation may be increased from time to time by
the officer in charge without reference to the Chief of Engineers,
provided the limiting maximum authorized rate is not exceeded
and provided also such increase is made for proper causes, such as
increased experience or increased duties. Officers are authorized
to reduce the compensation of any employee when conditions war-
rant such action or make it advisable. (Par. le, Cir. 18, C. of E.,
1904.)

419. Increases in compensation aboye that authorized. —

Recommendation for increase in rates of pay above those author-
ized will be considered only when an increase of duties and re-
sponsibilities of the position or other good reasons, independent of
mere length of service can be shown. Employees will not be ad-
vanced in pay beyond 10 per cent of existing authorized rates at
any one time, except in special cases, for which suflScient reason
must be shown. (Par. If, Cir. 18, C. of E., 1904.)

420. Limiting rate for clerical assistants.— No authority
will be granted by the Chief of Engineers for any increase of pay

192 CIVILIAN EMPLOYEES.

of clerical assistants over $175 per month, and no authority
granted will be interpreted as authorizing any increase over this
sum. (Cir. 2, C. ofE., 1903.)

421. What applications for authority should contain. —

All applications for authority for expenditures will state concisely
the necessity therefor, the probable cost, and the appropriation
or appropriations from which the same will be paid. (Par, 8,
Cir. 18, a of E., 1904.)

422. Approval after the fact. — When from the emergency
of the work antecedent authority can not be obtained, approval
after the fact may be given by the Chief of Engineers in his discre-
tion. In such cases the officer making the expenditure will report
the same promptly, certifying that the emergency was such that
antecedent authority could not be obtained. (Par. 9, Cir. 18,
C. of E., 1904.)

423. Expiration of authorities. — All authorities for employ-
ment will expire on the 30th day of November following the date
of their approval. (Par. 10, Cir. 18, C. of E., 1904.)

424. New authorities required annually.— Between the 1st

and 10th days of November of each year officers will submit re-
quests for authority for such positions as are needed for the works
on the 1st of December following. Additional authorities will be
requested as the necessities of the works demand. (Par. 11, Cir.
18, C. OfE., 1904.)

425. Cross references:

(a) As to miscellaneous objects for which the authority of
the Chief of Engineers is required, see Pars. 3-7, Cir. 18,
C. ofE., 1904,— §501.

(6) Requests for authorities to be submitted through the
Division Engineer. (G. 0. 9, 1901, andG. 0. 10, 1903, C. of E.,—
§§112,115.)

(c) As to evidence of authority for certain payments and
subsequent citation of such authority, see Par. 2, G. 0. 2,
C. of E., 1892,— § 325.

( UNlVr.HSITT

VgLCAL>FOlgS>
CIVnJAN EMPLOYEES. 193

CIVIL-SERVICE CLASSIFICATION.

426. Classes provided for.— The classes now provided for are

as follows:

Class A, all persons receiving an annual salary of less than $720,
or a compensation at the rate of less than $720 per annum.

Class B, all persons receiving an annual salary of $720 or more,
or a compensation at the rate of $720 or more, but less than $840
per annum.

Class C, all persons receiving an annual salary of $840 or more,
or a compensation at the rate of $840 or more, but less than $900
per annum.

Class D, all persons receiving an annual salary of $900 or more,
or a compensation at the rate of $900 or more, but less than $1,0C0
per annum.

Class E, all persons receiving an annual salary of $1,000 or more,
or a compensation at the rate of $1,000 or more, but less than
$1,200 per annum.

Class 1, all persons receiving an annual salary of $1,2C0 or more,
or a compensation at the rate of $1,200 or more, but less than
$1,400 per annum.

Class 2, all persons receiving an annual salary of $1,400 or more,
or a compensation at the rate of $1,400 or more, but less than
$1,600 per annum. ♦

Class 3, all persons receiving an annual salary of $l,600or more,
or a compensation at the rate of $1,600 or more, but less than
$1,800 per annum.

Class 4, all persons receiving an annual salary of $1,800 or more,
or a compensation at the rate of $1,800 or more, but less than
$2,000 per annum.

Class 5, all persons receiving an annual salary of $2,000 or more",
or a compensation at the rate of $2,000 or more, but less than
$2,500 per annum.

Class 6, all persons receiving an annual salary of $2,500 or more,
or a compensation at the rate of $2,500 or more per annum.

(Par. 2, Cir. 8, C. of E., 1902.)

24390—06 13

194 CIVILIAN EMPLOYEES.

CLASSIFICATION OF POSITIONS UNDER THE ENGINEER DEPART-
MENT AT LARGE.

427. All positions under the Engineer Department at Large,
except as provided below (§ 430), are under one of two headings—
those requiring an educational test, known as "educational posi-
tions," and those requiring no educational test, known as "regis-
tered positions." (Par. 1, Sec. I, Cir. 14, C. of E., 1902.)

428. Educational positions.— The positions requiring an edu-
cational test are —

(a) Assistant engineers (civil or mechanical), and superintend-
ents of class 5.

(6) Junior engineers (civil or electrical); these employees may-
perform the duties of inspectors, overseers, surveyors, hydrog-
raphers, computers, draftsmen, levelmen, recorders, sextant
observers, topographers, transitmen, etc., and may also be
employed in any clerical position.

(c) Surveyors, including those performing the duties of transit-
men, levelmen, and the like, when of class 2 or higher class.

^{d) Draftsmen.

(e) Engravers, lithographers, and similar positions, when of
class 3 or higher class.

(/) Clerks, including copyists, stenographers, and typewriters.

(g) Scientists, specialists, and employees in positions not spe-
cifically referred to herein as of noneducational class, or excepted
from classification, will be considered of educational class unless
authority to class as noneducational is given by the Chief of Engi-
neers.

(Par. 2, Sec. I, Cir. 14, C. of ^., 1902.)

429. Registered positions.— The "registered positions" re-
quiring no educational tests are —

[h) Superintendents of class 4; these positions are to be re-
stricted to the few cases in which conditions of work necessitate
the appointment of those especially qualified by training and ex-
perience for the particular duty to be performed, but who have
not the technical nor the theoretical education required for super-
intendents of the educational class (class 5).

CIVILIAN EMPLOYEES. 195

(i) Inspectors and overseers of cla^ 3; these positions are in-
tended, primarily, to provide for inspectors and overseers who
have heretofore been considered as of the educational class by
reason of the rate of pay required to secure their services, but who
have not the theoretical training to permit of their being properly
classified in the ** junior engineer" grade.

ij) Inspectors and overseers of class 2 or lower class; these
positions relate to duties requiring experience and special skill,
but not necessarily technical educational training.

( k) Foremen, including those performing duties of master labor-
ers, master workmen, master carpenters, and the like.

(Z) Masters, mates, pilots, steersmen, steam engineers, and
similar positions, which in private employ require a license from
the Office of Steamboat Inspection, and applicants for these posi-
tions are required to have such a license.

(w) Recorders, surveymen (who may perform duties of transit-
men, level men, rodmen, chain men, and the like), timekeepers,
and receivers of material, when of class D or lower classes.

(?i) Engravers, lithographers, transferers, shadere, and similar
positions, when of class 2 or lower classes.

(o) All the mechanical trades.

{p) All employees performing the duties of blasters, boarding
masters, brakemen, bridge tenders, cement testers, concrete fin-
ishers, cranesmen, dam and valve tenders, deputy inspectors,
divers, dredge engineers, electricians, elevator conductors, engine-
men (including all steam engineers not licensed), fort keepers,
gardeners, gage readers, helpers, janitors, leadsmen, light keepers,
lock masters, lockmen, messengers, powder men, riggers, skilled
laborers, stewards, strikers, telegraph and telephone linemen,
trackmen, truckmen, watchmen, and similar positions.

(Par. 3, Sec. I, Cir. 14, C. of E., 1902.)

430. Unclassified positions.— All unskilled laborers and
those employed in positions such as the following are considered
to be in the unclassified service, their status being fixed by the
fact that they are merely employed as laborers or workmen:
Apprentices to the mechanical trades, ax men, bakers, boatmen,
charwomen, cooks, cooks' helpers, deck hands, derrick hands,
dredge hands, drill men, drivers, floor men, hostlers, lamplighters,

196 CIVILIAN EMPLOYEES.

laundresses, oilers, sailors, scow men, stevedores, stokers, team-
sters, waiters, and weavers,

AU unclassified employees will he of class A. If any necessity
arises for a higher rate of pay for any of the positions named in
the preceding paragraph than is allowed in class A, and such
employment is authorized by the Chief of Engineers, the position
becomes a registered one, and the appointment must be made as
for other employees in registered positions.
(Par. 4, Sec. I, Cir. 14, C. of E., 1902.)

(a) Citation: Cooks of a class higher than class A need not
be registered when in the opinion of the Commission it is
not expedient to make appointment upon competitive exami-
nation. (Par. 13, Sec. I, Schedule A, Civil Service Rules.)

SELECTION AND APPOINTMENT FOR REGULAE EMPLOYMENT IN
CLASSIFIED POSITIONS.

431. Educational positions. — Positions requiring an educa-
tional test, if not filled by reemployment from "furlough without
pay" or from "laid off," reinstatement, transfer, or promotion
(which are considered below, — §§437-444), will be filled by certifi-
cation from the eligible registers of the Civil Service Commission
and appointment by the Chief of Engineers. All applications for
certification will be sent to the Chief of Engineers.

(a) Assistant engineers, mechanical engineers, and superintend-
ents of class 5 will be appointed by promotion, as provided under
heading ' * Promotions. ' '

(6) Junior and electrical engineers; in requesting certifications
for "junior engineers," officers should designate the particular
qualifications desired.

(c) Draftsmen are certified to the Chief of Engineers by the
Civil Service Commission either from the junior engineer or
draftsmen registers. If selected from the junior engineer list the
appointee is eligible to promotion by the Chief of Engineers, to
position of junior engineer when a vacancy in such position may
occur.

(Par. 1, Sec. II, Cir. 14, C. of E., 1902.)

432. Educational employees to he selected in the office of
the Chief of Engineers.— Officers needing the services of educa-
tional employees to fill positions which ?an not be filled, under

CIVILIAN EMPLOYEES. 197

existing regulations, by promotion or reemployment, will make
request to the Chief of Engineers stating, first, the designation of
the position to be filled; second, the particular qualifications de-
sired; third, the salary to be paid; fourth, the locality in which
the service is to be rendered; fifth, the i)robable length of serv-
ice, and sixth, any other special circumstances which should be
known in offering employment to the eligibles certified or which
might assist in making selection. (Cir. 5, C. of E., 1904.)

433. Registered positions. — In positions requiring no educa-
tional tests, vacancies which can not be filled by reemployment
from "furlough without pay," or from "laid off," reinstatement,
transfer, or promotion, with exceptions noted below, will be filled
by officers in local charge of engineering districts from lists pre-
pared by local civil-service boards.

(a) Superintendents of class 4 will be appointed by promotion,
as provided for under heading "Promotions."

(6) Special inspectors or overseers of class 3 will be appointed
by promotion from inspectors or overseers of class 2, or by reclas-
sification of those now in the service, as provided under heading
"Promotions."

(c) Inspectors and overseers of class 2, or lower class, may be
selected by the officer in local charge of work from lists of local
civil-service boards; but as a rule "junior engineer" eligibles
should be selected when it is practicable to do so.

(Par. 2, Sec. 11, Cir. 14, C. of E., 1902.)

434. Local ciYil-seryice boards.— Local civil-service boards
have been established, under special instructions of the Civil Serv-
ice Commission, in the various engineering districts, to prepare
local lists for the various noneducational "registered" positions
and furnish copies of same to officers in local charge of districts.
Such local boards are under the supervision and control of the
central board in the office of the Chief of Engineers. In making
selections from the lists of eligibles prepared by the local civil-
service boards, the engineer officers in charge of districts will give
due regard to the particular qualifications required to properly fill
the vacant position, and one of the highest three possessing such
qualifications must be selected. (Par. 3, Sec. II, Cir. 14, C. of E.,
1902.)

198 CIVILIAN EMPLOYEES.

435. Medical examination. — A medical examination to de-
termine physical condition, in addition to examination by local
civil-service boards, may be required in any case by the officer
making appointment if he considers the same necessary. (Par. 3,
Sec. II, Cir. 14, C. of E., 1902.)

436. When one of highest three eligibles need not be se-
lected.— If the position to be filled by a registered employee is
comparatively temporary, or if the conditions do not justify the
selection of an eligible at a distance, selection may be made from
the highest three found in the vicinity of the work upon which
the eligible is to be employed. The reason for the selection of any
eligible who is not one of the highest three on the list should be
briefly stated in the column of remarks in the monthly report of
changes, using such terms as "special qualifications," "temporary
employment," or "local employment." (Par. 3, Sec. II, Cir. 14^
C. of E., 1902.)

PROMOTIONS AND OTHER CHANGES IN STATUS.

437. Assistant engineer or superintendent. — A junior en-
gineer (civil or electrical), who has passed the examination con-
ducted by the Civil Service Commission for entrance to the grade
and whose service has been of such character as to merit promo-
tion, may be promoted to fill a vacancy in the position of assistant
engineer, or superintendent of class 5 (educational). This pro-
motion may be made by the Chief of Engineers upon any test of
fitness prescribed by him and not disapproved by the Civil Serv-
ice Commission. AVhen an officer believes that any such junior
engineer in his employ deserves promotion, and is duly qualified
therefor, he will report the case to the Chief of Engineers, stating
at length the services performed by the employee, his qualifica-
tions, his experience, and any other facts which may be pertinent
and material, in order that his name may be considered when a
vacancy occurs. (Par. a. Sec. Ill, Cir. 14, C. of E., 1902.)

438. Superintendent, class 4.— In special cases an inspector
or overseer of class 3 may in like manner be promoted to the posi-
tion of superintendent, class 4. (Par. b, Sec. Ill, Cir. 14, C. of E.,
1902. )

CIVILIAN EMPLOYEES. 199

439. Inspector or overseer, class 3.— An innpector or- over-
seer of a lower class may in like manner be promoted to the posi-
tion of inspector or overseer of class 3. (Par. c, Sec. Ill, Cir. 14,
C.of E., 1902.)

440. Promotion upon examination, in general. — Any clas-
sified employee after one year's satisfactory service may become
eligible for any position for which an educational examination is
necessary, provided he secures the requisite percentage in the
appropriate examination held under the direction of the Civil
Service Commission. (Par. rf, Sec. Ill, Cir. 14, C. of E., 1902.)

441. Graduates of technical schools. — Any employee selected
from the registered list prepared by a local civil-service board
who holds a diploma showing graduation in an engineering course
from an approved technical school may, after one year's service,
be promoted by the Chief of Engineers to the grade of junior engi-
neer, provided his services have been thoroughly satisfactory and
he has shown the requisite ability. When such an employee has
rendered a year's satisfactory service (not necessarily continuous
service) the officer in charge will submit the case to the Chief of
Engineers, together with his recommendations and a full state-
ment of all material facts. Correspondence by officers with
approved technical schools may result in securing the names of
worthy candidates for subordinate positions who, with experience,
will develop into capable assistants worthy of promotion. (Par. «,
Sec. Ill, Cir. 14, C. of E., 1902. )

442. Temporary reductions.— When the condition of the work
makes it expedient, the officer in charge may temporarily reduce
any classified employee to a lower grade or class and may subse-
quently restore him to his former position, or to any intermediate
position, without reference to the Chief of Engineers. (Par. /,
Sec. Ill, Cir. 14, C. of E., 1902.)

443. Temporary assignment to other duties of noneduea-
tional employee. — A noneducational employee serving in any
capacity may be temporarily assigned to duty in any other non-
educational position the duties of which are similar, and for which
no additional special qualifications are required. Continuation for

200 CIVILIAN EMPLOYEES.

a longer period than thirty days in such new position must be
contingent upon registration by the local civil-service board in the
new position. (Par. g, Sec. Ill, Cir. 14, C. of E., 1902.)

444. Assignment to dnty in a different meclianical trade. —

A classified employee in any recognized mechanical trade shall not
be assigned to duty in a different mechanical trade without exam-
ination; such examination shall be similar to that required for
original registration in the grade to which the assignment is to be
made. (Par. h, Sec. Ill, Cir. 14, C. of E., 1902.)

TEMPOEARY EMPLOYMENT.

445. Permissible in urgent cases.— In urgent cases, when
time does not permit the appointment as hereinbefore provided, a
vacancy in any classified position may be filled by the officer in
charge by temporary appointment of any one possessing the nec-
essary qualifications; but such temporary appointment shall not
continue for a greater length of time than may be necessary to
secure the certification and selection of a suitable person from the
eligible list, and the officer in charge shall take the steps to obtain
such certification without unnecessary delay. Under civil-service
rules, when an eligible list exists, such a temporary appoint-
ment (called an emergency appointment) can not continue for
longer than thirty days unless extended by the Civil Service
Commission; when no eligible list exists and one must be estab-
lished, such temporary appointment can not continue for longer
than ninety days unless likewise extended. (Par. a, Sec. IV, Cir.
14, C. of E., 1902.)

446. In edncational position.— If such temporary appoint-
ment is made to fill a vacancy in an educational position, a report
of the appointment and a request for certification will be immedi-
ately made to the Chief of Engineers; the report and request, if
approved, will be forwarded to the Civil Service Commission.

Officers are authorized, however, after having reported a tem-
porary appointment and requested certification, to continue the
temporary employment, if necessary, until action is taken on their
request, or until special instructions are received.

Such temporary appointment may be made to fill a vacancy in
a registered position when there is no register of eligibles and may

CIVILIAN EMPLOYEES. 201

be continued until a register of eligibles is established, but such
temporary appointment shall not continue longer than ninety days
without the approval of the Civil Service Commission. The re-
ceipt of the report of such temporary employment without remark
or exception by the Civil Service Commission will be equivalent
to approval for the first ninety days or so much of the time as
may be necessary. Persons temporarily employed in such regis-
tered positions may become eligible for regular appointment in
the manner hereinbefore described. Such temporary appoint-
ments should be avoided as much as possible and should continue
for as short a time as conditions permit. If practicable, and if
any extended employment is anticipated, the temporary employee
should be required to present himself as soon as possible before
the local civil service board with a view to examination, registra-
tion, and becoming eligible for regular appointment.
(Pars, b and c, Sec. IV, Cir. 14, C. of E., 1902.)

447. When there are eligibles. — Paragraph 3 of Rule VIII,
Civil Service Commission, authorizes the continuance of a tempo-
rary employment for more than thirty days, even when there are
eligibles having the proper qualifications, under the following
conditions:

Where the work is temporary in character, after the completion
of which the services of the employee will not be further needed,
a temporary appointment may be made, with the prior consent of
the Commission, for a period not to exceed three months, which
period may, with the like consent, be extended for a further
period of three months, but no longer. Such appointments, how-
ever, shall be made, so far as practicable, by certification from
registers containing the names of eligibles who are immediately
available; and the Commission may restrict such certifications for
temporary appointments to eligibles living near the place where
service is to l>e rendered.

The words "temporary in character" refer particularly to what
may be considered as job employments, not to exceed six months
in duration.

On account of the ease with which eligibles for registered posi-
tions can be obtained the paragraph of the Civil Service Rules

202 CIVILIAN EMPLOYEES.

above quoted should not be applied to such appointments except
in unusual cases.

(Par. d, Sec. IV, Cir. 14, C. of E., 1902.)

448. Temporary appointment from eligible list.— If a tem-
porary appointment is made from an eligible list of the Civil
Service Commission it may continue for a period of six months, at
the end of which period it will expire, unless permanent appoint-
ment can, under Civil Service Law and Regulations, be provided
for before such expiration.

(Par. e, Sec. IV, Cir. 14, C. of E., 1902.)

Separations and Reemployments.

449. Methods of separation.— Classified employees may be
separated from the service in any one of the following ways:

1. By ''furlough without pay." I ^y,,^„ ^^^.^ services are no

2. By bemg "laid off." \ , , ,

3. By "discharge." J longer needed.

4. By ''resignation."

5. By "discharge for cause."

(Par. a. Sec. V, Cir. 14, C. of E., 1902.)

450. Separations on account of reduction of force.— When

a work is completed, or for any cause a reduction is made in the
number of employees, the officer in charge will exercise his dis-
cretion as to those employees who are to be retained and those
who are to be temporarily or permanently separated from the
service; accordingly those classified employees w^hose services are
no longer needed may be discharged, or, if there be any intention
of reemployment, they may be "furloughed without pay," or
" laid off." (Par. />, Sec. V, Cir. 14, C. of E., 1902.)

451. Furlough without pay.— The granting of a "furlough
without pay" will be considered as equivalent to an unqualified
recommendation of the employee for work in the same grade in
any Department to which the civil-service classification applies,
and employees thus furloughed will be eligible for three years for
reemployment in any engineering district without further exami-
nation. The above three years' limitation shall not apply to
officers or employees who have been employed in the service of

CIVILIAN EMPLOYEES. 203

the United States in any of the insular possessions thereof or
other territory under control of the United States. (Par. c, Sec. V,
Cir.l4,C.of E.,1902.)

452. Transfers of employees to other districts.— It is sug-
gested that officers should make such effort as may be practicable
to secure in some other district employment for specially worthy
employees who may be furloughed without pay, and this office
will also aid in so doing if a proper request be made. This may
frequently be effected by addressing circular letters to other
officers. •

Employees in one engineering district may, when the interests
of the service require, be transferred to any other district by the
Chief of P^ngineers; but such transfer may likewise, and prefer-
ably, be effected by furlough in one district and reemployment in
another. Whenever an appointment is made or a person is reem-
ployed, the officer in charge must satisfy himself as to the civil-
service status of the applicant. It is suggested that officers in
need of assistants correspond with other officers by circular letter,
stating duties to be perfonned, rate of pay to be allowed, and fur-
nishing other items of information, with a view to transfer of one
whose services can be spared, or to the consideration of the pro-
motion of some one eligible for a higher position, but whose pro-
motion can not be otherwise properly provided for. In justice to
those holding subordinate positions and worthy of advancement,
such promotion by transfer should be encouraged. When such
circular letters are received they will be duly considered and
promptly answered; they will also be posted in conspicuous places
if a request to this effect is made. Increase of pay with a view to
holding an employee in a district when a vacancy exists in another
district to which some worthy and experienced subordinate em-
ployee can be legally promoted is not authorized.

(Pars, d and e, Sec. V, Cir. 14, C. of E., 1902.)

453. Employees laid off.— Employees "laid off" will be eligi-
ble for one year for reemployment within the same district, but
by reason of being ''laid off" will not become eligible for employ-
ment in any other engineering district. ( Par. /, Sec. V, Cir. 14,
C. of E., 1902.)

204 CIVILIAN EMPLOYEES.

454. Resignations and discharges without prejudice.—

When a classified employee separates himself from the service by-
resignation, he will be required to tender his resignation in writ-
ing, and this will be kept on file in the district office for future
reference. When a classified employee is discharged without
prejudice, he will be given notice thereof in writing, and a copy
of the letter will be kept on file in the district office.

Classified employees separated from the service by resignation
or by discharge, without prejudice, can within one year be made
again eligible for reemployment to fill an existing vacancy by a
reinstatement certificate issued by the Civil Service'Commission,
under Civil Service Rule IX, and can at any time be restored to
the eligible list by satisfactorily passing the scheduled examination.

(Pars, g and h, Sec. V, Cir. 14, C. of E., 1902.)

455. Discharges for cause. — Discharge for cause of any regu-
larly appointed classified employee will be subject to the provi-
sions of paragraph 2, Rule XII, Civil Service Rules, and can not
be made without the approval of the Chief of Engineers. An
employee may be suspended without pay by the officer in charge,
pending an investigation of charges. (Par. i, Sec. V, Cir. 14,
C. of E., 1902, amended by Cir. 25, C. of E., 1904.)

456. Probationers. — All employees appointed on certification
of the Civil Service Commission or selected from the registers of
local boards are considered probationers for a period of six
months from date of appointment. At the end of six months, if
the conduct and capacity of a probationer are satisfactory to the
appointing officer, his retention in the service shall be equivalent
to his appointment for such further time as he may be needed.
(Par. j, Sec. V, Cir. 14, C. of E., 1902, amended by Cir. 25, C. of E.,
1904.)

457. Removal of probationers. — The same procedure is re-
quired in the case of removal before as after absolute appoint-
ment. In other words, an employee may not be removed until
he has been furnished with a written copy of the charges and he
has been allowed a reasonable time for answering the same in
writing. The one exception to this requirement is in the case of

CIVILIAN EMPLOYEES. 205

an employee removed at the end of probation. (Cir. 25, C. of E.,
1904.)

PREFERENCES TO VETERANS.

458. In appointment and retention.— Wherever the needs of
the service will justify it, and the law will permit, preference shall
be given alike in appointment and retention to honorably dis-
charged veterans of the civil war who are fit and well qualified to
perform the duties of the places which they seek or are filling.
(Letter of the President of January 17, 1902, published in Par. I,
G. O. H A. G. O., 1902.)

INSTRUCTIONS OF UNITED STATES CIVIL SERVICE COMMISSION.

459. Boards of examiners — A board of examiners at the head-
quarters of each district of the Engineer Department at Large
shall be composed of a secretary, vice-secretary, and one or more
additional members, either at the headquarters or at various parta
of a district, as may appear necessary, selected by the Civil Service
Commission from names submitted by the local officer. (Cir. 14,
C. of E., 1902.)

460. Duties of boards.— It shall be theduty of boards of exam-
iners, through the secretaries, to furnish the Commission with
information in reference to the needs of the service, to give out
application blanks and circulars of information to applicants, to
receive applications for positions in which no educational exam-
ination is required, to grade the papers, to establish registers of
eligibles, and to do such other work as the Commission or central
board herein or hereafter directs, boards of examiners, in the
performance of their duties as such, shall be subject to the pro-
visions of Civil Service Rule IV, section 1. (Cir. 14, C. of E., 1902.)

461. Applicants for positions requiring an educational
test. — Applications for all positions in the Engineer Department at
Large, for which an educational examination is required, shall be
filed by the applicants with the Civil Service Commission at
Washington, D. C. Registers of eligibles shall be kept by the
Commission, from which certifications shall be made for appoint-
ments to vacancies in such positions. When, in the opinion of
the Civil Service Commission, it is necessary and desirable, certifi-

^06 CIVILIAN EMPLOYEES.

nation will be made from the eligibles of the district in which
service is to be rendered. (Cir. 14, C. of E., 1902.)

462. Applicants for positions requiring no educational
test. — Applications for positions requiring no educational test shall
be filed with the board of examiners for the district in which the
applicant desires employment. The board shall grade the appli-
cant in age, intelligence and experience, and physical qualifications,
in accordance with the following regulations for marking:

Subjects.

Marks.

Weights.

Age

Intelligence and experience

Physical condition

Total

The element of age will be graded as follows: Over 25 and not
exceeding 45 years, 100 per cent; for each of the five years less
than 25 or more than 45, a deduction of 1 per cent; for each of
the five years more than 50, a deduction of 2 per cent; for each of
the five years more than 55, a deduction of 3 per cent; for each
of the next five years, 4 per cent.

The element of experience will be graded as follows: A work-
man who has acquired the status of a journeyman shall be given
a mark of 70 for experience; for the next two years of experience,
a credit of 10 per cent for each; exceeding two and not exceeding
seven years, a credit of 2 per cent for- each year will be given. It
will be seen that seven years of experience as a journeyman is
entitled to the maximum mark of 100 per cent.

The element of physical condition will be marked as follows:
Where nothing in the way of defect or disqualification for the
practice of the trade or occupation for which he is examined is
shown, a mark of 100 per cent shall be given, and proportionate
deduction shall be made as defects or disqualifications are shown,
according to the nature of such defects.

Where it is desirable, a general intelligence test, or practical
questions, will be given in addition to the examination on Form
1086.

CIVILIAN EMPLOYEES. 207

As the local boards are responsible for the lists they prepare, it
is their duty to investigate fully all applications, that no inefficient
or improper applicants be made eligible for appointment. Certi-
ficates and indorsements of unknown parties should not be
accepted as complete evidence of capacity or worthiness. All
applicants, before being declared eligible, must appear before
some member of the local board for personal examination by
inspection and questioning. Applications will be received, per-
sonal examination made, and rating prepared, by any member of
such board, the applications being forwarded to the board at
headquarters for further consideration and final action.

All examination papers are subject to review by the Civil Service
Commission, when such review is requested. It is necessary,
therefore, that all the facts upon which marking is based by a
local civil service board should be made a matter of record. If
low rating results from personal examination or verbal evidence,
the facts should be explained; if the low rating is the result of
documentary evidence, such documents should be attached to
examination papers.

(Cir. 14, C. of E., 1902.)

463. List of eligibles. — Separate lists for the various positions
for which there are eligibles, shall be established, the names of
the eligibles being entered upon the registers according to the
general average of each, respectively, except preference claimants
under section 1754 of the Revised Statutes, whose names shall
head the lists. Several copies of the lists of eligibles shall be
prepared, one copy to be retained by the board, one to be fur-
nished to each appointing officer in the district, one to be sent to
the Chief of Engineers, and one to the Civil Service Commission.
A list of all eligibles selecte<l for employment during the month
preceding that for which the lists are prepared shall be shown in
connection with the lists of eligibles. (Cir. 14, C. of E., 1902.)

464. Registering: new names.— On the first day of each month
the board shall prepare new lists, the names of all eligibles being
entered according to the relative position to which each respect-
ively is entitled. New names shall not be entered upon any of
the lists of eligibles on any other date unless a particular list of
eligibles is entirely exhausted, in which case that list shall be re-

208 CIVILIAN EMPLOYEES.

plenished and copies of additional names furnished. Each list of
eligibles should be complete in itself, and should contain the name
of each person eligible for appointment in the district to which it
relates, on the date of issue. The term of eligibility is one year,
and eligibles whose terms have expired and those who have been
appointed should not appear as eligible. (Cir. 14, C. of E., 1902.)

465. Prefe^nce for appointment, section 1754, Revised
Statutes. — The Civil Service Commission will decide all claims of
preference, basing its decisions upon the records of the War and
Navy Departments, and will inform the local board of its decision.
When an applicant states that he was discharged from the military
or naval service on account of disability incurred in the line of
duty, the local board should report the name, regiment, and com-
pany or vessel, and the dates of his enlistment and discharge.

It is a mistaken idea that all honorably discharged soldiers or
sailors are entitled to preference in certification or appointment.
Section 1754 of the Revised Statutes provides that persons honor-
ably discharged from the military or naval service by reason of
disability resulting from ivounds or sickness incurred in the line
of duty shall be preferred for appointments to the civil offices,
provided they are found to possess the business capacity necessary
for the proper discharge of the duties of such offices. A person
coming under this provision of law has the following advantages:
(«) He is released from all age limitations; (6) he has to attain a
general average of only 65 per cent to be eligible, while for all
others the required mark is 70 per cent; (c) having attained an
average of 65 per cent, his name is placed upon the register above
all others who have not been allowed preference. If on the same
register the names of more than one preference claimant appear,
the name of the claimant having the highest average will, of
course, head the list. Preference under this section does not
apply to persons who enter promotion examinations.

(Cir. 14, C. of E., 1902.)

466. Eligibility for appointment in other districts.— An

eligible in any engineer district may have his name entered upon
the appropriate list for any other districts, for a period not exceed-

CIVILIAN EMPLOYEES. 209

ing one year from the date of his report of eligibility, upon pre-
senting said report to the secretaries of the local boards with a
written request for such action. (Cir. 14, C. of E., 1902.)

467. Appointments to be made by engineer officer. — Upon

the occurrence of vacancies in registered positions appointment
from the eligible lists of the local boards will \:>e made by the
engineer oflBcer in charge, in accordance with civil service law&
and regulations. (Cir. 14, C. of E., 1902.)

468. Instrnctions intended for local boards and for appli-
cants.— It is believed that the instructions contained herein,
which are intended primarily for the guidance of the local boards,
taken in connection with the information given on Form 1086,
application for positions in the Ignited States Engineer Depart-
ment at Large, will give applicants, also, all required information.
(Cir. 14, C. of E., 1902.)

THE CENTRAL CIVIL SERVICE BOARD.

469. Correspondence with.— The control and direction of the
local civil-service boards, and such details connected with the
application of civil-service law and regulations to the Engineer
Department at large as do not require the action of the Chief of
Engineers or the Secretary of War, are placed in the hands of the
Central Civil Service Board in the Office of the Chief of Engineers,
which board is a part of the civil-service organization, communi-
cating directly with the Civil Service Commission. Requests for
certification of eligibles of educational class, reports of changes in
classified service, and similar matters should be addressed to the
Chief of Engineers; but all communications from or relating to
local boards, or selection and appointment of registered employees,
or requests for general information regarding civil-service matters
either from the officer in charge or local boards, should be ad-
dressed to the Central Civil Service Board. (Cir. 14, C. of E.,
1902.)

REPORTS OF CHANGES.

470. To be submitted montlily.— Monthly reports of changes
of status of employees and of emergency and temporary appoint-

24390—06 14

210 CIVILIAN EMPLOYEES.

merits will be forwarded to the Chief of Engineers, upon forms
provided and now in use, in accordance with instructions thereon.
(Par. a, Sec. VI, Cir. 14, C. of E., 1902.)

471. To be examined with money accounts.— It is incumb-
ent upon the Chief of Engineers to examine money accounts in
connection with the lists of employees in each district, and his
approval of the accounts carries with it the information to the
accounting officers of the Treasury that the employees on the
rolls and vouchers have been appointed according to law; it is
therefore essential that all changes in the status of employees
should be accurately noted on the monthly lists of changes, and
that these lists be forwarded promptly for examination in connec-
tion with an officer's money accounts. These reports are for-
warded to the Civil Service Commission and are intended to fur-
nish the complete record of each appointee in the classified service,
which is kept in accordance with provisions of Civil Service Rule
XIII. (Par. h, Sec. VI, Cir. 14, C. of E., 1902, corrected to date.)

472. To accompany money accounts.— The report of changes
among employees should be made in connection with the money
account and forwarded to the Chief of Engineers under the same
cover. Accounts can not be considered complete for approval
unless accompanied by this report. (Cir. 11, C. of E., 1898.)

473. Cliangefe of employees on remote works.— In cases
where persons are employed on remote works, and not reported
to the main office in time to be included in the report, their names
may be shown on the report for the succeeding month, but the
report must give the names of all classified employees who have
been appointed or whose status has changed within the month, if
their names appear on pay rolls forming part of the account which
the report of changes accompanies. (Cir. 11, C. of E., 1898.)

474. Approval of reports. — Acknowledgment of the receipt
of reports of changes without remark or exception will be regarded
as the approval of all items thereon requiring action by the Chief
of Engineers. (Par. h, Sec. VI, Cir. 14, C. of E., 1902.)

CIVILIAN EMPLOYEES. 211

RETURNS OF EMPLOYEES.

4r7o. To be submitted quarterly.— There will be submitted
quarterly, on the first day of December, March, June, and Sep-
tember, a single return showing the names of all employees then
holding classified educational positions and of all employees then
holding noneducational positions of class 2 or higher class. Oppo-
site the names should be shown the designations, rates of pay,
places of employment, and whether in office or field. (Par. 2,
Cir. 19, C. of E., 1903.)

476. Snbofflees to be shown separately.— If suboffices are
maintained, the employees should be grouped under the different
oflSces, in order that the organization may be clearly shown. ( Par.
3, Cir. 19, C. of E., 1903.)

PER-DIEM EMPLOYEES.

477. Citation:

A per-diem employee is one who is employed by the day
and paid a certain sum as a day's wages. One who is not
employed by the day, but whose pay is measured by the day,
is not a per-diem employee. (8 Comp. Dec., 235. )

478. Day's labor not to exceed eight honrs. unless un-
avoidable:

AN ACT relating to the limitation of the hours of daily service of laborers
and mechanics employed upon the public works of the United States and of
the District of Columbia.

Be it enacted by the Senate and House of Representatives of the
United ^States of America in Congress assembled, That the service and
employment of all laborers and mechanics who are now or may
hereafter be employed by the Government of the United States,
by the District of Columbia, or by any contractor or subcon-
tractor upon any of the public works of the United States or of
the said District of Columbia, is hereby limited and restricted to
eight hours in any one calendar day, and it shall be unlawful for
any officer of the United States Government or of the District of
Columbia or any such contractor or subcontractor whose duty it

212 CIVILIAN EMPLOYEES.

shall be to employ, direct, or control the services of such laborers
or mechanics to require or permit any such laborer or mechanic to
work more than eight hours in any calendar day except in case of
extraordinary emergency.

Sec. 2. That any officer or agent of the Government of the
United States or of the District of Columbia, or any contractor or
subcontractor whose duty it shall be to employ, direct, or control
any laborer or mechanic employed upon any of the public works
of the United States or of the District of Columbia who shall
intentionally violate any provision of this act, shall be deemed
guilty of a misdemeanor, and for each and every such offense
shall upon conviction be punished by a fine not to exceed one
thousand dollars or by imprisonment for not more than six
months, or by both such fine and imprisonment, in the discretion
of the court having jurisdiction thereof.

Sec. 3. The provisions of this act shall not be so construed as ta
in any manner apply to or affect contractors or subcontractors, or
to limit the hours of daily service of laborers or mechanics
engaged upon the public works of the United States or of the
District of Columbia for which contracts have been entered into
prior to the passage of this act.

Approved, August 1, 1892.

(G. O. 7, C. of E., 1892; 27 Stats., 340.)
Citations and cross reference:

(a) For opinion of the Attorney-General upon the act of
August 1, 1892, see G. 0. 61, A. G. 0., 1892, or 20 Op. A. G., 459.

{h) It is not essential that the requirements of the act of
August 1, 1892, be embodied in a contract, as the responsi-
bility rests on contractors to comply with the law, irrespective
of the terms and conditions of their contracts. (Dig. Op.
J. A. G., 1237,— §295j.)

(c) The term "extraordinary emergency," employed in the
first section of the act of 1892, can not properly be construed
in advance as referring or applicable to any particular class of
cases. The question whether there is or was such emergency
should be left to be determined by the facts of each special
instance as it arises. A case in which it appeared that a com-
pliance with the statute was not possible might well be held

CIVILIAN EMPLOYEES. 213

to be one of "extraordinary emergency." (Dig. Op. J. A. G.,
1239.)

{d) No provision is contained in the act of 1892 for the
suspension of its operation, and the Secretary of War has no
power to suspend it as to certain work or places of work on
the theory that an "emergency" exists as to the same. Nor
can he lay down in advance any general rule as to what would
be such an emergency as would relieve an officer or contractor
from liability or give him an immunity from prosecution.
The question of the existence of an emergency is to be deter-
mined in the first instance by the person carrying on or in
charge of the work; in the second by the court, if the case
comes before one. It may be said generally that when the
emergency can be foreseen it is not extraordinary; that in-
creased expense and inconvenience can not constitute an emer-
gency when they can be foreseen and guarded against. (Dig.
Op. J. A. G., 1240.)

479. Method of determining rate of compensation. — The

compensation to be paid to "employees who are paid days' wages
for days' work" shall be such that the amount of money they re-
ceive for each eight houfs' work shall not be less in amount than
the sum that is paid for a full day's work, for labor of the same
kind and quality, in the section of country in which the construc-
tions are being carried on. (Cir. 18, C. of E., 1888.)

(a) Cross reference: As to the method to be adopted in com-
puting wages earned, see Cir. 18, C. of E., 1888,— §349.

HOLIDAYS.

480. When holiday occurs on Snnday:

AN ACT to amend section nine hundred and ninety-three of the Revised
Statutes of the United States for the District of Columbia, and an act entitled
"An act to amend section nine hundred and ninety-three of the Revised
Statutes of the United States for the District of Coliunbia," approved January
thirty-first, eighteen hundred and seventy-nine.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That whenever any
day set apart as a legal holiday within the District of Columbia

214 CIVILIAN EMPLOYEES.

shall fall on the first day of the week, commonly called Sunday,
then and in such event the day next succeeding shall be a holiday
within the District of Columbia.

* ^ * * *

Approved, December 20, 1881.

(Cir. 1, a of E., 1891,-22 Stats., 1.)

481. Holidays for per-diem employees;

JOINT RESOLUTION providing for the payment of laborers in Government
employ for certain holidays.

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the employees of the
Navy Yard, Government Printing Office, Bureau of Printing and
Engraving, and all other per diem employees of the Government
on duty at Washington, or elsewhere in the United States, shall
be allowed the following holidays, to wit: The first day of January,
the twenty -second day of February, the fourth day of July, the
twenty-fifth day of December, and such days as may be designated
by the President as days for national thanksgiving, and shall re-
ceive the same pay as on other days.

Approved, January 6, 1885. ,

JOINT RESOLUTION providing for the payment of per diem laborers in Gov-
ernment employ on " Memorial" or "Decoration Day" and the fourth day
of July of each year as on other days.

Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That all per diejn employees
of the Government, on duty at Washington or elsewhere in the
United States, shall be allowed the day of each year which is
celebrated as "Memorial" or " Decoration Day " and the fourth
of July of each year, as holiday, and shall receive the same pay as
on other days.

Approved, February 23, 1887.

(Cir. 1, C. of E., 1891,-23 Stats., 516, and 24 Stats., 644.)

482. Labor Day:

AN A.CT making Labor Day a legal holiday.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first Mon-

CIVILIAN EMPLOYEES. 215

day of September in each year, being the day celebrated and
known as Labor's Holiday, is hereby made a legal public holiday,
to all intents and purposes, in the same manner as Christmas, the
first day of January, the twenty-second day of February, the
thirtieth day of May, and the fourth day of July are now made by
law public holidays.
Approved, June 28, 1894.

(Cir. 4, C. of E., 1894,-28 State., 96.)

483. Citation:

As to what are holidays in the District of Columbia, see
sec. 1389, Code of Laws, D. C. (31 Stats., 1404), amended by
act approved June 30, 1902 (32 Stats., 543).

LEAVES OF ABSENCE.

484. Annual leave with pay.— Clerks and other employees of
the several departments at large and military departments under
the jurisdiction of the War Department, who are regularly and
continuously employed, may be granted thirty days' annual leave
with pay in any calendar year, when to grant such leave will not
cause embarrassment or delay in the conduct of the public service.
(W. D. Orders, published in Cir. 16, C. of E., 1899.)

485. Absence on account of illness, etc.— Pay may be allowed
in case an employee is absent because his presence would jeopard-
ize the health of fellow employees, or when an employee is una-
voidably absent from duty by reason of personal illness, provided
that the period of such absence added to all other previous periods
of absence with pay during the calendar year shall not exceed
sixty days in that year, and provided that the absence is accounted
for to the satisfaction of the proper officer by the personal certifi-
cate of the employee and the certificate of the attending physician.
(W. D. Orders, published in Cir. 16, C. of E., 1899.)

486. Sundays and holidays.— Sundays and days declared pub-
lic holidays by law or Executive order will be charged in all cases
of absence except when included in a period of annual leave.
(W. D. Orders, published in Cir. 16, C. of E., 1899.)

216 CIVILIAN EMPLOYEES.

MEDICAL ATTENDANCE.

487. Provided by Marine-Hospital Service.— Masters, offi-
cers, and crews of vessels in the service of the Mississippi Eiver
Commission shall be entitled to the benefit of the Marine-Hospital
Service (except at stations of the fourth class), under the same
regulations as govern the admission of seamen on documented
vessels. No charge shall be made for their care and treatment.

Seamen employed on vessels under the charge of the Engineer
Corps of the United States Army shall be admitted to the benefits
of the Marine-Hospital Service without charge at stations of the
first, second, and third class upon the written request of the com-
manding officers of said vessels.

The term seamen will be understood to include masters, officers,
and crews of vessels in the service of the Engineer Department at
Large.

Relief stations are divided into the following classes:

Class 1. United States marine hospitals.

Class 2. All other stations under command of a commissioned
officer.

Class 3. All stations under charge of an acting assistant surgeon
where there is a contract for the care of sick and disabled seamen.

Class 4. All other relief stations not included in the above

(Sees. 479 and 480, Regulations, U. S. Marine-Hospital Service,
1897; Cir. 7, C. of E., 1898.)

488. Citations:

( a) For provisions regarding medical attendance for civilian
employees, by the Medical Department of the Army, see A. R.
1485, 1486, 1488, 1500.

(6) Where the compensation of an officer or employee is
fixed by contract, provision may be made therein as a part
of compensation for medical attendance in case of injury
received or sickness occurring in the line of duty; but in the
absence of such provision in the contract, or of provision
therefor by law, the Government is under no legal obligation
to pay for such attendance upon sick or disabled officers or
employees. (8 Comp. Dec, 296.)

CIVILIAN EMPLOYEES. 217

TRANSFERS OF EMPLOYEES.

489. Employees of the War Department at lar^e. — The Sec-
retary of War considers that the interests of the service require
that employees at large in the Department must be subject to
orders in regard to transfer of station, and a refusal to obey such
orders will be deemed a proper and sufficient reason for discharge
from the service. (Cir. 26, A. G. O., 1901.)

490. Information cirenlars as to employees needed or
available for transfer. — Informationcirculars will be issued on
the 10th day of each month, and oftener.if necessary. These cir-
culars are intended to furnish the names of employees or eligibles
available for employment elsewhere and lists of vacancies with the
epecial qualifications desired in each case. These exchanges of
information regarding personnel should extend to all employees
of the educational class and to those noneducational employees of
class 2 or higher. Officers desiring items inserted in the circulars
will prepare concise statements showing the qualifications, expe-
rience, etc., of any employee about to be furloughed, and in the
case of a vacancy, the qualifications required, together with the
proposed rate of pay. (Cir. 38, C. of E., 1905.)

491. Traveling expenses.— Attention is called to the pro-
visions of A. R. 742. The transfer of clerks or employees at the
expense of the Uniteil States, except in cases of urgent necessity
is prohibited, and the mere convenience of officers or clerks does
not constitute a necessity which should create an expense to the
Government.

This paragraph will be strictly construed, and application for
such transfers will not be made unless within the plain language
of the paragraph.

It is not intended to prohibit or prevent civilian employees
from exchanging places at their own expense where such ex-
change is agreeable to all concerned, nor to prevent a clerk
accompanying an officer upon a change of station when no expense
to the Government or inconvenience to other officer or employee
is involved. ( W. D. letter dated March 30, 1896, modified to date
published in Cir. 3, C. of E., 1896.)

218 CIVILIAN EMPLOYEES.

492. Citation:

For provisions regarding the transfer to and from the Philip-
pines of employees at large of the War Department, see G. O.
68,W.D.,1904.

NOTAEIES PUBLIC.

493. Coiiipensation to employees acting: as notaries pub-
lic.— No officer, clerk, or employee in the executive service of
the Government, who is also a notary public, shall charge or re-
ceive any compensation whatever for performing any notarial act
for an officer, clerk, or employee of the Government in his official
capacity, or in any matter in which the Government is interested,
or for any person when, in the case of such person, the act is per-
formed during the hours of such notary's service to the Govern-
ment. Disobedience of this order shall be ground for immediate
dismissal from the service.

This order shall not apply to oaths of disinterestedness, or other
oaths required to be made by law, provided that the work in con-
nection therewith is not performed during office hours. (G. 0.
61,W.D.,1905.)

(a) Cross reference: Where affidavits are required it is pre-
ferred that they should not be sworn to before a notary pub-
lic who is employed under the Engineer Department. (Cir.
6, C. of E., 1899,— §377.)

ASSISTANCE IN PREPAEATION FOR CIVIL-SERVICE EXAMINA-
TIONS.

494. Assistance from officers or employees forbidden.—

No officer or employee of the Government shall, directly or indi-
rectly, instruct or be concerned in any manner in the instruction
of any person or classes of persons with a view to their special
preparation for the examinations of the United States Civil Service
Commission.

The fact that any officer or employee is found so engaged shall
be considered sufficient cause for his removal from the service.

(Executive Order of Oct. 13, 1905, published in Cir. 39, C. of E.,
1905.)

CIVILIAN EMPLOYEES. 219

495. Interest of officers or employees in schools of prepar-
ation forbidden, — The above provision (§ 494) also prohibits
Government officers or employees from being concerned tinancially
or otherwise in any school or institution claiming to give instruc-
tion along the lines of civil-service examinations. (Cir. 41, C. of
E., 1905.)

GENERAL CITATIONS AND CROSS REFERENCES.

496. Payments to employees:

(a) For rules for the computation of time in payment of
services, see A. K. 655.

(h) For instructions for computing amounts due to salaried
employees, see Cir. 23, W. D., 1904, and A. R. 655,— § 348.

(d) Where board is paid or subsistence furnished, the cost
of same to be shown on pay roll or voucher. (Cir. 17, C. of E.,
1903,— §328.)

{e) As to accounts for reimbursement of civilian employees
for expenditures made by them, see Cir. 6, C. of E., 1900,—
§ 343.

(/) The payment of per-diem employees for days on which
the Departments are closed and public work suspended by
Executive order is not authorized unless they actually render
service on those days. (8 Comp. Dec, 219.)

(g) As to payment of burial expenses of deceased employee,
and application thereto of amount due him as salary or wages,
see Cir. 29, O. C. E., 1900; 2 Comp. Dec., 347; 10 do., 845; 11
do., 789.

497. TraTel by ciyilian employees:

(a) Civilian employees are entitled to actual traveling ex-
penses for travel on duty under orders. (E. R. 34. )

(6) For general provisions regarding travel by civilian
employees, and payment of expenses therefor, see A. R. 735-
742,— Par. 736 amended by G. O. 207, W. D., 1905.

(c) The authority of the Chief of Engineers is required for
travel by civilian employees beyond the limits of the district
in which they are employed. (Cir. 14, C. of E. , 1904,— § 200. )

220 CIVILIAN EMPLOYEES.

(d) Transportation requests should be used by civilian em-
ployees traveling on duty connected with fortifications or
other military work over land-grant or bond-aided roads.
(Cir. 15, 1897, and Cir. 12, 1901, C. of E.,— § 210.)

(e) Expenses of civilian electrician experts while traveling
under the direction of the Chief of Artillery will not be paid
from Engineer-Department appropriations. (Cir. 13, C. of E.,
1903, -§201.)

(/) Discharged civilian employees who are entitled to return
transportation to the United States must avail themselves of
the privilege by the first available army transport. (Par. I,
G. O. 166, W. D., 1905.)

498. Attendance upon courts:

(a) For provisions regarding the traveling expenses of civil-
ian employees summoned as witnesses before military courts,
see A. R. 998.

( b) Compensation to civilian employees for attendance upon
civil courts is payable by the civil authorities. (A. R. 1003. )

499. Convict labor:

(a) It is forbidden to hire or contract out the labor of pris-
oners incarcerated for violating the laws of the Government
of the United States. (Cir. 6, C. of E., 1887,— § 240.)

(6) The employment of persons undergoing sentences of
imprisonment at hard labor which have been imposed by the
courts of the several States, Territories, or municipalities hav-
ing criminal jurisdiction, not to be permitted under contracts
on behalf of the United States to be performed within the
territoriaUimits of the United States. (Par. II, G. 0. 78, W.
D., 1905,— § 241.)

500. Miscellaneous:

(a) For general provisions regarding civilian employees,
see A. R. 730-734.

(6) The work of public laborers or mechanics to be applied
only to the actual wants of the work in progress, and not for
the comfort, convenience, or pleasure of the superintendent or
any other person. (Cir. 7, C. of E., 1891,— § 360.)

CIVILIAX EMPLOYEES. 221

(c) The number of civilian employees to be kept at thelow-
est figure pcacticable, consistent with efficiency. (G. O. 1,
C. of K, 1869,— § 510.

(d) The division engineer to be allowed such oflSce force as
the Chief of Engineers may authorize, to be paid pro rata
from the appropriations for works in his division. (G. O. 9,
C. of E., 1901,— § 113.)

{e) The division engineer to exercise supervision over the
organization of the oflSce force in each district in his division.
(G. O. 9, C. of E., 1901,— § 111.)

(/) As to reports of names, etc., of civilian engineers em-
ployed on river and harbor works, to be submitted annually,
see E. R. 19.

{g) As to the preparation of the Biennial Register, and the
information which it is to contain concerning officers, clerks,
and other employees, see sec. 73, act of January 12, 1895, — 28
Stats., 618.

(h) All employees of the United States are forbidden to
solicit an increase of pay, or to influence or attempt to influ-
ence in their own interest any other legislation whatever, save
through the heads of the Departments in or under which they
serve, on penalty of dismissal from the Government service.
(G. O. 18, A. G.* O., 1902,— § 524.)

(t) The offer or acceptance of gifts from employees or offi-
cials to their superiors prohibited. (Cir. 15, C. of E., 1903,
Cir. 46, W. D., 1904,— § 523.)

( j ) For provisions of law forbidding officers and employees
of the Government from being interested in claims against the
Government, see R. S., 190.

(^) For certain provisions of law forbidding the giving or
receiving of contributions for political purposes, see 22 Stats.,
406, 407, or 1 Sup. R. S., 396.

(0 As to the holding of two employments under the Gov-
ment by one person, see R. S. 1763-1765; 28 Stats., 205, or 2
Sup. R. S., 212; 6Comp. Dec, 683; 5 do., 143, 936; lOdo., 837;
and 11 do., 5, 236, 279, 702, 721.

{m) A clerk or other officer who is promoted from one po-
sition to another is required to take a new oath of office be-

222 CIVILIAN EMPLOYEES.

fore becoming entitled to receive the compensation of the
new position. (7 Comp. Dec, 43.)

(n) A provision in an appointment to take effect from date
of oath is a qualification of the appointment, which renders
the taking of the oath a condition precedent to its taking ef-
fect. (6 Comp. Dec, 41.)

(o) Persons holding Federal civil office are not to accept
or hold any office under any State or Territorial government
or under the charter or ordinances of any municipal corpo-
ration.

This order does not prohibit Federal officers or employees
from holding office as justices of the peace, notaries public,
and commissioners to take the acknowledgment of deeds, or
bail, or to administer oaths; from holding positions on boards
of education, school committees, public libraries, and relig-
ious or eleemosynary institutions; nor from accepting com-
missions as officers of the State militia. It does prohibit
them from holding the office of alderman or common coun-
cilman in a city, or of a town councilman of a town or village,
or of appointments under city, town, or village governments.
It does not apply to mechanics and laborers in the armories,
arsenals, navy yards, etc, employed by the day, but does
apply to master workmen and others who hold appointments,
whether for a fixed time or at the pleasure of the appointing
power.

(Executive orders, Jan. 17 and 28, 1873 — Messages and
Papers of the Presidents, vol. 7, pp. 218-220.)

CHAPTER XIII.

AUTHORITIES IN GENERAL.

601. For what purposes authority is required.— In the exe-
cution of any work carried on under the direction of the Chief of
Engineers, hie authority must \ye obtained for the —

1. Construction of all permanent buildings and wharves, ves-
sels, boats (except skiffs and rowboats), telegraph or telephone
lines.

2. Hire or rent of all lands, buildings, wharves, vessels, boats
(except skiffs and rowboats), office room or rooms for storage or
other purposes, telephones or telephone service, and of all ma-
chinery or appliances when the expense to be incurred exceeds
$100.

3. Mounting or dismounting gun carriages or guns.

4. Purchase of surveying or drawing instruments, photographic
apparatus, professional books, books of reference, telephones,
typewriting machines, vessels, boats (except skiffs and rowboats),
animals, vehicles, furniture and furnishings for offices, furniture
for boats, and of all machinery or appliances which cost more
than $500 and which will not form a component part of the work
when completed in accordance with the approved project.

5. Repairs or alterations to any building, wharf, vessel, boat, or
large article of plant when the expense to be incurred will exceed
$500 or be more than 30 per cent of the original cost.

(Pars. 3-7, Cir. 18, C. of E., 1904.)

602. What applications for authority should contain. — All

applications for authority for expenditures will state concisely the
necessity therefor, the probable cost, and the appropriation or
appropriations from which the same will be paid. (Par. 8, Cir.
18, C. of E., 1904.)

224 AUTHORITIES IN GENERAL.

503. Approval after the fact. — AVhen from the emergency of
the work antecedent authority can not be obtained, approval after
the fact may be given by the Chief of Engineers in his discretion.
In such cases the officer making the expenditure will report the
same promptly, certifying that the emergency was such that ante-
cedent authority could not be obtained. (Par. 9, Cir. 18, C. of E.,
1904. )

504. Expiration of authorities. — All continuing authorities,

I. e., those that are paid monthly or quarterly, such as rents for
offices, telephones, lands, etc., will expire on the 30th day of
November following the date of their approval. (Par. 10, Cir. 18,
C. of E., 1904.)

505. New authorities required annually. — Between the 1st
and 10th days of November of each year officers will submit
requests for authority for such rents, etc., as are needed for the
works on the 1st of December following. Additional authorities
will be requested as the necessities of the works demand. (Par.

II, Cir. 18, C. of E., 1904.)

506. Authority for printing".— Authority to do job printing,
including specifications, may be granted by the Chief of Engineers.

Vouchers for printing and advertising and requests for authority
to publish advertisements will be addressed to the chief clerk of
the War Department.

(Cir. 10, C. of E., 1897.)

507. Cross references:

(a) Requests for authorities to be submitted through the
division engineer. (G. O. 9, 1901, and G. 0. 10, 1903, C. of
E.,-§§ 112, 115.)

(6) As to authorities for employment, see Cirs. 2, 1903, and
18, 1904, C. of E.,— §§ 414-424.

(c) As to the granting of authority to disbursing officers to
hold funds in their own hands at their own risk, see Cir. 3,
C. of E., 1892,— §334.

{d) As to evidence of authority for certain payments, and
subsequent citation of such authority, see Par. 2, G. 0. 2,
C. of E., 1892,— §325.

AUTHORITIES IN GENERAL.

(e) The prior authority of the Chief of Engineers is required
for radical changes in the methods of keeping accounts and
records of correspondence in the district engineer offices.
(Cir. 2, C. of E., 1906 ,— § 60.)

(/) Prior authority is required for the publication of adver-
tisements in newspapers under R. S., 3828. Subsequent ap-
proval is not sufficient. (5 Comp. Dec., 166, — § 273^'.)

24390-06 15

CHAPTER ICIV.

MISCELLANEOUS.

ADMINISTRATION.

508. Oeneral provisions; citations and cross reference:

(a) As to the duties of the Corps of Engineers and of the
Chief of Engineers, see A. R. 1522, 1523.

(6) The standard blank forms nsed in army administration,
with the notes and directions thereon, have the force and
effect of Army Regulations. (A. R. 1603.)

(d) By "civil office," as the term is used in R. S. 1222, is
undoubtedly meant public office. The presidency of the
American Society of Civil Engineers does not involve the ex-
ercise of any public functions; the office could be accepted by
an officer of Engineers of the Army without his military com-
mission being affected. (Dig. Op. J. A. G., 1828.)

{e) As to furnishing information which can be made the
basis of a claim against the Government, see A. R. 831.

(/) For provisions of law forbidding officers and employees
of the Goverment from being interested in claims against the
Government, see R. S. 190.

(g) For regulations regarding Engineer officers serving with
an army or other body of troops, see A. R. 1526-1532, 1537,
1538.

{h) As to diverting oflQcers and troops serving under the
immediate orders of the Chief of Engineers from such service,
see A. R. 1525.

226

MISCELLANEOUS. 227

(*) As to maps and reconnaissances by troops on the
march, see A. R. 449-453.

(j) For regulations for the government of the Engineer
School, see G. O. 136, W. D., 1905.

(it) As to the holding of State, Territorial, or municipal
offices by Federal officers or employees, see "Messages and
Papers of the Presidents," vol. 7, pp. 218-220,— § 500o.

509. Public works; citations:

(a) An officer charged with any work involving the expendi-
ture of money to submit a project for the manner in which it
is proposed to apply the funds, with an estimate of the proba-
ble monthly expenditures. (E. R. 20.)

{h) The Chief of Engineers to personally inspect the pub-
lic works under the charge of officers and agents of his de-
partment. (E. R. 4.)

(c) Public works in the charge of the Corps of Engineers
to be inspected at least once a year, and when completed, by
officers of the Corps duly designated. ( E. R. 9. )

{d) Requests for the free admission of articles imported for
the use of the Government to be accompanied by a list of the
same. (E. R. 44.)

510. Economy.— All officers will exercise strict economy in the
execution and administration of the works and duties intrusted
to their charge.

The number of assistants, draftsmen, clerks, and other office
forces, and of overseers, mechanics, laborers, and all other em-
ployees must be reduced to and kept at the lowest figure prac-
ticable, consistent with efficiency.

Rigid economy should likewise be exercised in office rents and
expenses, and in the means of transportation belonging to the
engineer works, surveys, posts, and depots, such as steamboats,
sailing vessels, boats, barges, wagons, animals, etc.

(G. O. 1, C. of E., 1869.)

511. Strict aeconntability for property to be required.-

Officers will require of their subordinates a strict accountability
and responsibility for public property, using such methods as may

228 MISCELLANEOUS.

appear to be the most economical and advantageous in each
instance.

(Par. 3, Cir. .8, C. of E., 1900.)

512. Expenditures when no work is in progress. — As a rule
each appropriation should bear its proper quota of office expenses,
but it is not desirable that such quota should be charged to an
appropriation at a time when no active operations are in progress
at that particular work, and such charges are especially objection-
able when no work is carried out during the fiscal year in which
expenditure for office expenses is reported.

Balances of appropriations which are being held for repairs, for
care, for additional appropriation, or for similar purposes, should
not be charged with any greater percentage of contingent expenses
than the actual work during the year in connection with such
balance justifies.

(Cir. 17, C. of E., 1898.)

INSIGNIA. ETC.

513. Citations and cross reference:

(a) For regulations for the uniform of the Army see G. O.
197, W. D., 1904, amended by Par. I, G. O. 43, Par. II, G. O.
62, Par. II, G. O. 80, Par. I, G. O. 81, Par. I, G. 0. 137, Par.
I, G. O. 158, G. O. 163, and Par. I, G. O. 206, W. D., 1905,
and G. 0. 30, W. D. 1906; see also Cir. 11, C. of E., 1905,— § 515.

(b) As to the colors of the battalions of engineers and of
engineer regiments, see A. R. 222, 223.

514. Engineer colors authorized on boats.— Officers are au-
thorized to carry on boats belonging to the engineer works under
their charge a square, scarlet flag, with a white castle in the cen-
ter, these colors corresponding to those of the battalions of engi-
gineers. (G. 0. 13, C. of E., 1887, modified to date.)

515. Saddle cloths. — Oflficers of engineers, except the Chief of
Engineers, are required to have one dress saddle cloth only, with
edges trimmed with enamel leather, 1 inch wide, of the same
color as the facings of their uniform, the metal insignia to be those
prescribed for dress coats, 2 inches high. (Indorsement of
Military Secretary's OflSce, dated March 13, 1905, published in
Cir. 11, C. of E., 1905.)

MISCELLANEOUS. 229

STATIONS OF OFFICERS AND ABSENCE THEREFROM.

516. Meaning of term ** station." — The term station refers to
the place at which an officer is assigned by orders. All absences
from such station or its immediate vicinity are "on leave" or
"on duty," and should be noted on personal reports under the
heads of "date of leaving station," "date of return to station,"
and "on leave or on duty." (Cir. 6, C. of E., 1896.)

517. Visits by officers within their districts. — Officers are
authorized to visit works in their charge and within their districts
as often as, in their opinion, the good of the work requires; but it
should be noted on personal reports whether such visits are made
with or without orders. (Cir. 6, C. of E., 1896.)

518. Visits by officers outside their districts.— Officers are

not authorized to visit other works or go beyond the limits of
their districts, or absent themselves on any duty not immediately
connected with the official work in their charge, without special
and proper authority, except to take advantage of an authorized
leave, or under the provisions of A. R. 64. (Cir. 6, C. of E., 1896. )

519. Citations and cross references:

(a) As to leaves of absence of officers, and as to visits to
foreign countries, see A. R. 49-67.

(b) Delays in obeying orders, in reporting for duty, or in
returning to duty from leave when authorized by the War

• Department, to be regarded as leaves of absence in certain
cases. (A. R. 70.)

(c) All authorized absence from duty, except on account of
sickness or wounds, counts as absence with leave unless shown
to be for the convenience of the Government. (Cir. 35, VV. D.,
1905.)

(d) Absence with permission to hunt is construed as hav-
ing been "shown to l^e for the convenience of the Govern-
ment" when the officer on his return forwards the certificate
and furnishes the report mentioned in A. R. 65. (Par. 4,
Cir. 52, W. D., 1905.)

(e) As to report to be submitted to the Chief of Engineers
by an officer on changing station, see Par. 2, G. 0. 11, C. of E.,
1905,— § 34.

230 MISCELLANEOUS.

(/) The tour of duty for Philippine service will, so far as
practicable, be on the basis of two years and six months' ab-
sence from the United States for all staff officers. (Par. Ill,
G. 0. 133, W. D., 1905.)

620. Countries not " beyond the sea."— It has been held by the
Department that as Canada and Mexico are not "beyond the sea"
it is not necessary for officers on leave of absence to obtain special
permission from the War Department to visit those countries. It
is also held that officers on leave of absence may visit Porto Rico
and Hawaii without special permission from the War Department,
as those islands are a part of the United States, but when an officer
desires to visit any foreign country and the journey thereto involves
travel by sea the officer should first obtain the permission of the
War Department as contemplated by A. R. 61. (Cir. 9, C. of E.,
1905. )

PERSONAL PROPERTY OF OFFICERS.

521. Transportation of property of retired or deceased
officers. — A limit of one year from date of retirement or decease
is fixed during which the change-of-station allowance of the per-
sonal effects, professional books and papers may be transported at
public expense to the homes of retired officers or to such points
within the limits of the United States as the relatives or friends of
deceased officers may designate.

All property shipped after the time limit herein fixed will not
be at public expense.

(Par. I, Cir. 63, W. D., 1905.)

522. Citations:

(a) As to compensation for private property lost or destroyed
in the military service, see A. R. 729.

(6) As to the storage of personal property of officers during
their service in the Philippines, etc., see Cir. 8, Hdqrs. North-
ern Division, 1904, published in Cir. 33, C. of E., 1904.

(c) Where in the course of the transportation by railroad,
at Government expense of an officer's allowance of personal
baggage the boxes containing the same were broken into and
a portion of the property was stolen, the remedy of the officer
was against the railroad company, not against the United

MISCELLANEOUS. 231

States. The United States does not make itself an insurer in
such a case, nor can the officer require the United States to
sue the company in damages, for this could be done only on
the theory that the United States was responsible to the officer
for the value of property lost by no fault or negligence of its
own. (Dig. Op. J. A. G., 787.)

(d) Under the act of March 3, 1885, where the household
effects of an officer of the Army were destroyed by fire while
in a Government storehouse awaiting shipment to another
station to which the officer had been notified he would soon
be ordered, and such loss occurred without fault or negligence
on the part of said officer, who was at the time engaged in
saving property of the United States from destruction by the
same fire, he is entitled to reimbursement for so much of said
property as the Secretary of War shall, under the provisions
of said act, deem necessary and proper for an officer of his
rank, while in quarters, engaged in the public service, in the
line of duty. (10 Comp. Dec, 433. )

GIFTS TO SUPERIORS.

523. Attention invited to provisions of law.— An exact
compliance with Revised Statutes, 1784, is enjoined. (Cir. 15,
C. of E., 1903.)

(a) Citation: For provisions regarding the observance of R.
S. 1784, and the practice of receiving presents from persons
not in the military estabUshment or in the employ of the
Government in recognition of services rendered, see Cir. 46,
W. D., 1904.

SOLICITING INCREASE OF PAY OR PREFERMENT.

624. Officers and employees.— All officers and employees of
the United States of every description serving in or under any of
the Executive Departments, and whether so serving in or out of
Washington, are hereby forbidden, either directly or indirectly,
individually or through associations, to solicit an increase of pay
or to influence or attempt to influence in their own interest any
other legislation whatever, either before Congress or its commit-
tees, or in any way save through the heads of the Departments in

232 ' MISCELLANEOUS.

or under which they serve, on penalty of dismissal from the Gov-
ernment service. (Executive order of Jan. 31, 1902, published in
G. 0. 18, A. G. O., 1902.)

(a) Citation: As to efforts to influence legislation affecting

the Army, or to procure personal favor or consideration, see

A. R. 5.

ADDENDUM.

By direction of the Secretary of War, and in compliance with
a request received from the Post-Office Department, disbursing
officers of the Engineer Department will submit on May 1 of each
year a statement of the aggregate payments from funds under the
control of the Engineer Department made in their offices during
the preceding year for telegrams.

This statement must be in the hands of the Chief of Engineers
not later than June 10 each year.
(G. O. 3, C. of E., 1906.)
(See §§16, 26.)

233

LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.. INCLUDED
IN DIGEST.

ARMY REGULATIONS.

Paragraphs.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Paragraphs.

Quota-
Uons.

Cita-
tions.

CroBS
refer-
ences.

524a
519a
30

519a
520
519a
r 80
1 618
r 619a
\ 519d
519a
f 80
\ 199a
199o
5196
199a

/ 161*

l&2e
127a

::::::::
:::::::: i

/ 274
276a
244a
260
277
257
( 244a
i 260
29
244a

296a
f 288
{ 280
I 296a
I 290

^ S5«
291

296a

802
a08a

806a
289
806a
288
806a
808a
f 278
865a
29
887
886
866a
334a

548

50-61

649

62-64

649-551

552

66,67

553

f-.-

69,70

71-75

554

554-657

209

■

568...

211

559,560

296-300

""•"■*"

561

363,354

561-564 !

449-453

608t

567-570

498-504

278a
269
f •278a
\ 329/
266e
20Jfc
266€
f 244a
\ 278
270
273a
276a
288
276a
3086
276a
274
276a

671

505

606-608

572 .

509,510

511

....

673

511-613

614-519

574

RTD

620-624

575-579

525-530

680

531-533

........

581

534-538

........

582

639

581-6S5

539-546

586

236 LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.

ARMY REGULATIONS— Continued.

Paragraphs.

Quota-
tions.

Cita-
tions.

355a
365a
39Q7
341e
355a
355a

26
355a

355a
355a
340a
355a
355a
365a
390b
355a
3906
366a
3706
355a

29
314a
355a
311a
314a
355a

30
355a
329a
355a
329a
348
349a
355a
496a
329a
3546
355a
355a
390a
370a
390a
370a
390a
3706
390a
390a
361
390a
385a
390a

27
371
380
385a

Cross
refer-
ences.

4966

Paragraphs.

708.

713-728.

729

730-734.

735-742.

742

778

778-795.
827,828.

829

829-831.
831.....
832-834.

835

836

836,837.

838

839-842.
843-846.
847.....
848.....
901-903.
909,910.

911,912.

912

913-921.

998... v.. .

1003

1004,1005.

1066.

1134

1146-1150.
1194-1203.

1307

1308.

1309-1326.
1485,1486.
1488-1500.

1522

1522, 1523.

1524

Quota- Cita-
tions, tions.

1525

1526-1532.

1516

190(7

355/i

385a

390a

622a

500a

202a

4976

491

20a

67a

2Qh

67a

508e

37a

126

I2e

126

355c

3856

3856
390a
202«
498a
4986
355i
1426
404
406
210
228a
16a
1996
213a
1996
199A;-
1996

488a

392a
508a
-246
•676
309c
508/1

Cross
refer-
ences.

LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC. 237
ARMY REGULATIONS-Continued.

Paragraphs.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Paragraphs.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

1533 i

508c

117

119

406

119

150a

406

197

1537,1538

508^

1276

127c

r 24c

1 6086

1 2W

1539

1534

1585

....

1586, 1587

1603

1604

1536

ENGINEER REGULATIONS.

3096
48a

5096
f 194
{ 199d

\ 158a

123a

1916

509c

69a

\ 148d

69a

r 69a

. 199e

lltki

f 26

{ 191c

i 1536

•20

/ 3556
\ 509a

809a
r 29
1 809a

309a
1 67c
{ 355c

809a
/ 2026
\ 497a
/ 2736
1 262
262
274
290
288a
3296
329c
878a
509d

21,22

24 26 27

7,8

11-15

9K.

M/>

GENERAL ORDERS, ADJUTANT-GENERAL'S OFFICE.

1
Year and Quota-
number, tions.

Cita-
tions.

Cross
refer-
ences.

Year and
number.

Quota-
tions.

p... Cross

1881— 65 1 10

1901— 47

2136
/ 1236
\ 1506

1890—116

478a
12a

' fiS *

}«5

1892— 61

114

1897— 8

138

2136
r 142c
1 150c

1898— 21

151*
1526

16c
199Jk
334a
2186
131a

166

1902 — 6

. .

458
524

1899_ -9

1186
121
402
892c

bOOh

140

1903— 27

•200 ....

86......

8656

208

1900—91..

238 LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.

CIRCULARS, ADJUTANT-GENERAL'S

OFFICE.

Year and
number.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Year and
number.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

1895_13

354

132-135

318

136

1902-4

269

1896 5

.'..'.'.'.'..

408a

392c

1897—27

131a 1

1898 — 19

f 3416

1899— 6

16d
151^
244d
151(7
131a
1316

\ 370c i

1900 — 38

59 ..

;;;;;;;;

1 391d

131a ;

131a

1901— 6

131a

489

131a !- -

f 390A
t 392d

} '.

152h

1903-30

131a
131a
118a

379,380

GENERAL ORDERS,

WAR DEPARTMENT.

1903— 24

5
144

1905—137

513a
390/
513a
513a
f 202d
\ 497/

f 385a
t 390a

"2i36'
16a

151 ....

341a

158

1904 36

145

163

68......

492

Ida

....

f 70-96

198-104

167

i7n

245-249

( 273 e

109

""i3ic'

\ 152c

390.g

1996

513a

37a

1526

390e

513a

f 142d

\ 390d

27
401

' '365a*

3666

276 c
295d
295 e

189

308(Z

197

172

178

120

1905— 14

229^235
121, 139
393-401

370 c

180

182

194

198

329a

513a

f 202a

i 4976

329a

f 1476

1 4136

3926

513a

f 210
\ 385a
t 390a
f 1476
i 4136
/ 147c
\ 413c

}

206

907

493

"I 'J

} 152a

513a

66 . .

143

f 385a
1 390a

513a
1 152/
\ 152fir
1 370d

■""3346*

519/

f 1996

\ 285a

508j

■ '4996'

63 .. ..

118

f 50
\ 152a
[ 4086

241

86..-

.54

f 121
t 139

102

- !

404-407
409-412

133

f 142a

135 ..

\ 147a
[ 152a

136

LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC. 239

CIRCULARS, WAR DEPARTMENT.

Year and
number.

1884— Jan. 21.

1886— Jan. 15.

June 16.

1904—23

Quota-
tions.

43.
46.
54.

1905— 6.

10.
19.

Cita-
tions.

271

18,19

348a

408

623a

2446

278d

329ik

199c

199<

Cross
refer-
ences.

Year and
number.

4966
'sooi

1905—21

324
119

1906— 1

521

Quota- Cita-
tions, tions.

619c
131a
510d

341c
370/i
,. 391c
\( 3416
370c
891d

Cross
refer-
ences.

GENERAL ORDERS. HEADQUARTERS. CORPS OF ENGINEERS,
OFFICE CHIEF OF ENGINEERS.

AND

1868-1.......

f 367
\ 368

510

156

194,195

192,193

514

170,171
153

170.171
176
177
284
325
68
478
69
124

251-259
321,330

29&-298
305,307

; 148c
1 191a

1901-9

1902— 3

190»- 6

1905-5

1906— 2

106-114

196

251-259

126

115

824

/ 806

\ 306

f 33

1 34

312

315

326

f 20c
24c
80

67d

186»-1

1874_ 4

1 64a
\ 2286
1 500C

67c
116

1879— 2

266c

1880— 3

1882— 6

192

2766
2956

1887-13

4256

1889-6,10....
1891— 6

\ 155a

500d
500c
607a

48c

J 152«

f 20e
24c
48e

58a

1892-2

;;;;■;;

322a
425c
bffld

24a

1898— 6

149c

1897—2

257

2666

1901-4 {

6 {

}

f 24d
152c

2766
4256
507a
152c

191/

}

/ 30
, 519c

240 LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.

CIRCULARS, OFFICE CHIEF OF ENGINEERS.

Year and
number.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Year and
number.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

1869-Dec.9,..
1871—6...

30
f 152t
1 191ff

1897—12

21.......

1898— 3

^^ {

1899— 1

3 ]

» {

- {

1" I

1900— 1

158

203-211

178

128

322
376

156

154
319

487
303

472,473

136
512

280, 281
283
310
363
262
270
274

277-279
288

290,291

377

214-224
226,227

129

13,14

350,351

381

282

223

484-486

f 345

i 347

338

285

212

369

343
/ 387
1 511

26
r 29
i 497cZ

Sept. 13 .

261

Dec. 6...

364

""iia

If 30
\\ 41a

1 9QF>r

1872-July26..
1875— Mar. 22 .

267
25

271

{ I?

1880-16

1884— 3

{ 155?

1885—13

159
308e

342

/ 18, 19

i 65

164, 165

240

293

f 349

t 479

274

160

223

480,481

179

360

334

388

265

327

r 311

1 482

f 378

I 384

332

1 38

\ 39

1 42

491

371,372

516-518

117

361

180

268

506

!( 29

1886 — 3

48^

1887— 3

20e

499a

f 20i

\ 21b

I 67/

1888— 7

329/1
\ 479a
I 496c

18.......

1889-3

1891— 1

30
356a

}

/ 27
i 493a
( 329ci

\ 329e

[ 356a

500b

1892— 1

507c
29

1 6b-6

1893— 1

i 21d;

1894— 1

};;;;■■;
}■■■■■

228c

24d

149a

191e

202c

f 37b

t 199/1

1895— 7

1896— 2

266d

" {

15.......

2256

f 150c

t 150d

4%e

362

18.......

30
29

382

1897— 8..;

363

""287"
/ 349c
1 496^

137

f 266a
\ 273c
i 329m

10.......

LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC. 241
CIRCULARS, OFFICE CHIEF OF ENGINEERS— Continued.

Year and
number.

Quota-
tions.

Cita- Sj?

Year and
number.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

1900-30

1901— 2

[ 49
] 60
1 56
1 61
1 64
62
383

1496

1} ; 59

\'"' 1

1904-9

■• 1

1 23

! 25

i 27

,18&-188
1 189

200

, 364

414-419
,421-424
501-505

166
182-184
140
167
457
238
833

15V
151c
I 329g
\ 497c
152t
191 o
236

43-46

264
300

1 f 29

1 ] 149a

\ 191c

,::::::::;'-2i;

1 210 497d

t 26
112
426a
5076

12.

831 1 1 24d

^\ { .^

1902-2

455,466

6...

"'298'

168a

24d

59
426
299

1 33 .

i 84

1906-3

1?:;:::;:

23... .

f 53

1 141

162
286
304
239
620
242
515
168
272

427-481

433-456

469-471

474

265

r 206
\ 29
1 415

"2080

68
■ 142c
1496

237
125
289
172-175
420
316
301
317
268
292

201

20. .

26.

1903— 2

::::::::

6076

613a

890c

r ui

\ 197

i..

1166
149c
152d.

528

.......

21c

/ 366c

1 497c

600t

496d

149a

1496

3146

828

40,41

49,60

839,340

475,476

320

185

335

/ 813

1 337

432

386

1906-2

373,374

286

161

276

344

/ 366

1 490

494

496

294

389

323

844

204
:3o66

266d
30

}.:::

f 26
1 191d

1904- 3

242o
607e

24890-06 16

242 LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.

CIRCULAR LETTERS, OFFICE CHIEF OF ENGINEERS.

Date.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Date.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

1889-July 23.
1901 — June 4.

157

'"29," 30"
29
29
29,30
29
30

1903— Apr. 22.

1904— June 11.

1905— June 23.
Oct. 6.
Oct 19.

i 51

i 130

122

146

Sept. 25.

Oct 1

Oct. 16.

""'i78'

413a

1902-May 28.
Nov. 20.

STATUTES AT LARGE.

Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

20— 51

391c
163c

28— 205.

500;

21 197

209

311

22- 1

480

f 390^

208

i63c
500Jfc
226
f 156
t 158

;;;;;;;

Aon

I 500^
f 63
\ 391b

406,407...

23— 111

624

OAf,

243

147

191j
370t
391a

516

481
240
481

29— 268

24— 411

701

644

30— 321

203,204

f 190a
i 190e
/ 151a
\ 190a

717

152b
151A:
191A;
/ 170
1 176
162

25— 94

"79 "7

1 1151

1153

250

1154,1155..

941

186
151a
170
163c
70

26 315

31— 910

1404

311

453

488
S701

( 329i
t 348a

454

32— 373

191m

562

543

766

179

27— 111

191k
151m

518

811

1257

238
304

239

821

340

478
482

28— 96

If 278

\355^

SUPPLEMENTS TO THE REVISED STATUTES

1—160 . .

391c

163c

500A;

f 190a

1 190g

r 151a

\ 190a

151a

163c

2—30

191 A;
151m
5001
63
3916

296

369

::"::::

212

396

360

361

584

243

370

370i
391a
191k

601....

t^na

780

616

802

996

LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC. 243

REVISED STATUTES.

Cita-
tions.

Cross
refer-
ences.

Section.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

inn !

f 500j
I 508/
155
365i
355i
f 151a
1516
186
190a

35^
178
508d
I 463
\ 465
50«
f 523
1 523a
242c
341/
f 334a
1 355j

::::::: j

3646

365i

f 218a

278
278
f 151a
{ 190a
1 1906
) 242c
1 242d
306c
291
f 242
244d
276d
277

365j
278

231

9tiAfl

306.

3679

239

310 1

SS6g

3732,3733

3736

3737

771 1 ---

3739-3741.. ..

1222

3743-3747

1754

3744

3828

1784

5488. . ..

3618

-QAOn

5503

DECISIONS OF THE COMPTROLLER OF THE TREASURY.

Volume and
page.

Quota-
tions.

^°^' ences.

Volume and
page.

Quota-
Uona.

Cita-
tions.

Cross

refer-
ences.

1—115

199o 1

3—210

1
199o '

118

1990
858a
865i
867a
329n
225a
/ 228A
\ 244c
190d
8576
349c

f 191?

\ 359d
295^
19^
287
199/

f 191t

\ 369c
1990
37Q/
870*
857e

.......

216

151d

228fir

287

j 22Sh

1 244<f

3596

/ 132a

t 239a

t 859c

1990

218c

867c

806t

287

2d6g

i 244c

\ 867d

1990

f 161c

\ 190c

1990

171

221

191

306

261

337

268

391

623 . .

^—179

4— 65

201

175

332

314

147

347

429.

AQtt

544

560

603

611

644

663

635

681

3— 3

687

5— 16.

128

149

ion

196

244 LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.

DECISIONS OF THE COMPTROLLER OF THE TREASURY— Continued.

Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Volu me and Quota-
page. I tions.

Cita-
tions.

Cross-
refer-
ences.

5—83

287
bOOl

202g

199m

f 228/t

1 244e

199m

f 2029-

\ 3290

f 280a

t 287

202fif

1990

355A;

287

199A:

5001

1990

500n

1990
199o
199o
1990
202?
5001
357/
295i
359a
244d
242e
500m
228e
2186
202i
242^
280a
S41d
287
287
343a
f 2836
t 287
287
J 199«
1 202/1
287
202/
f 3496
i 496/

'■"507/

8—235 1

477

287
4886

287

346

287
287
287
f 280a
i 308A;
295^

f 273/1

1 359a

3701

143 . . .

238 1

166

296

179

328

196

487

504

552

364

568

575

646

672 f

764 ;

662

9-43 1

93 . i

687

691

1 105

705

166 . .

721

OAQ

727

311

748

191m-

903

359 i

295/1

295/i

242/

287

242c

202/1

295/1

287

295/i

1990

295(7

199ri

295/i

359a

287

359a

295/1

1990

522d

287
287
500^
r 349c

295/i
287

935

366

955

391

958

423

6— 41

443

470

351

488

479

506

578

611

622

614

672

645

683

700

751

10— 8

769

815

____

880

943 1

113

7— 43 '

159

168

331

201

338

284

342.

317

350 !

324

373 1

353

482 1

396

721 t

433

8 — 43

495

598

104 !

133 i

694

837

161

845

11 — 5

189

113

LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC. 245

DECISIONS OF THE COMPTROLLER OF THE TREASURY— Continued.

Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

1 Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

11 114

296A
1990

287
SOW

202i

11—637

199n
295^

202h

1A2g
( 2U9^

178

........

685

190

683

236

702 1

266

706

279

721 i

326

784. . .'

339

........

789

3— 862a

394

i1 496fl

442

3543
354d
364c

494

sS- ::::::: i

287 1 '

18— 7220

513

4— 265(»

a Manuscript decisions.

b Lawrence, First Comptroller.

DIGEST OF OPINIONS OF THE JUDGE-ADVOCATE-GENERAL.

Paraeranhs 1 Q"Ota- Cita- I S^
Paragraphs, ^j^j^^ , ^^^^^ re^w-

546.
547.
555.
614.
787.
875.
878.
879.

941..
1237.
1239.
1240.
1431.

9W
191n
622c
306c
306b
276d

29^
478c
478d

478&

Paragraphs.

1482

1488

1491

1492

1497

1587

1699-1616.

1777

1789

1795

Quota
Uons.

2083.
2307.

§r !^^-

368c
1686
1906
190e
1096
242(1
Ibll
1911
191n
1686
169a
606d
34V
19(y

OPINIONS OF THE ATTORNEY-GENERAL.

Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Volume and
page.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

18—188

159
308c

20—459..

478a

286

246 LIST OF REGULATIONS, ORDERS, CIRCULARS, ETC.
CIVIL-SERVICE RULES AND REGULATIONS.

Rules.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

Rules.

Quota-
tions.

Cita-
tions.

Cross
refer-
ences.

460
447
455

XII

455

471

VIII

XIII

MISCELLANEOUS.

Quota-
tions.

Citations.

Cross ref-
erences.

Messages and Papers of the Presidents: Vol.7,
pp. 218-220

500o

152i

1446
12d
152fc
430a
522&

508Jt

Artillery Circular D, Revised Edition, 1903: pp.
22-24, 56, 57

Artillery Memorandum No. 3, War Department,
1904

Cir 7 Atlantic Division 1904

406c

Schedule A Civil Service Rules, Par. 13, Sec. I..

Cir 8 Headquarters Northern Div 1904

...

INDEX TO DIGEST.

[ Numbers refer to paragraphs.]

Absence. {See Leaves of absence. )

Absence from station, noting on personal reports 35

Abstracts of bids. {See Proposals. )

Abstracts of disbursements. (aScc Money accounts. )

Abstract of title, expense of procuring 151c, 151d

Accounts:

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Full text of "Engineer regulations and digest of orders, circulars, regulations, etc., relating to the work of the Engineer Department, U. S. Army, in force March 22, 1906"

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