attorneys or counsel. June 22, 1870, c. 164. erly in the De prosecute claims in them. cases, as if made out, certified, and transmitted in each case respectively.' Employment of 43. No head of a Department shall employ attorneys or counsel at the expense of the United States; but when in 150, s. 17, v. 16, p. need of counsel or advice, shall call upon the Department Sec. 189, R. S. of Justice, the officers of which shall attend to the same.2 Persons form- 44. It shall not be lawful for any person appointed after partments not to the first day of June, one thousand eight hundred and seventy-two, as an officer, clerk, or employee in any of the 256, s. 5, v. 17, p. Departments, to act as counsel, attorney, or agent for Sec. 190, R. S. prosecuting any claim against the United States which was pending in either of said Departments while he was such officer, clerk, or employee, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employee. June 1, 1872, c. 202. Purchases from contingent funds. Aug. 26, 1842, c. CONTINGENT FUNDS. 45. No part of the contingent fund appropriated to any Department, Bureau, or office, shall be applied to the pur202, s. 19, v. 5, p. chase of any articles except such as the head of the DeSec. 3683, R. S. partment shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured.3 527. Expenditure for newspapers. 202, s. 16, v. 5, p. 526. Sec. 192, R. S. 46. The amount expended in any one year for newspaAug. 26, 1842, c. pers, for any Department, except the Department of State, including all the Bureaus and offices connected therewith, shall not exceed one hundred dollars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such Department. of expenditure funds. 202, s. 20, v. 5, p. 527. Annual report 47. The head of each Department shall make an annual of contingent report to Congress, giving a detailed statement of the Aug. 26, 1842, manner in which the contingent fund for his Department, and for the Bureaus and offices therein, has been expended, giving the names of every person to whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, nature of such service, and the time employed, and the par Sec. 193, R. S. the See the title "The Court of Claims" in the chapter entitled THE DEPARTMENT OF JUSTICE. 2 See Chapter VII and par. 41 ante. Section 3683, Revised Statutes, requires that the written order therein mentioned shall be given by the head of the Department before the articles to be paid for from the contingent fund are procured, and a subsequent approval is not sufficient. II Dig. Compt. Dec., 1. This section applies only to cases where an appropriation is made in a lump sum for contingent, incidental, or miscellaneous expenses," or under similar words, and where Congress has specifically designated appropriations for enumerated items as being for "contingent, incidental, or miscellaneous expenses." Ibid, 42. When an item is properly payable from an appropriation for contingent expenses, the discretion of the officer charged with the duty of expending said fund is not subject to review by the accounting officers upon any question as to the necessity or advisability of his expenditures. Ibid, 80. ticular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands. of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preceding year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress. ANNUAL REPORTS, ESTIMATES. mates. State tion of business Sec. 3, act of Sec. 7, act of Mar. 2, 1895, v. 28, p. 808. 48. That it shall be the duty of the heads of the several Annual esti Executive Departments, and of other officers authorized ment of condior required to make estimates, to furnish to the Secretary to be submitted. of the Treasury, on or before the first day of October of Mar. 3, 1875, v. 18, p. 370. each year, their annual estimates for the public service, to be included in the Book of Estimates prepared by law under his direction; and the Secretary of the Treasury shall submit, as part of the appendix to the Book of Esti. mates, such extracts from the annual reports of the several heads of Departments and Bureaus as relate to estimates for appropriations, and the necessities therefor. Sec. 3, act of March 3, 1875 (18 Stat. L., 370). It shall be the duty of the head of each Executive Department or other Government establishment in the city of Washington to submit to the first regular session of the Fifty fourth Congress, and annually thereafter, in the Annual Book of Estimates, a statement as to the condition of business in his Department or other Government establishment, showing whether any part of the same is in arrears, and, if so, in what divisions of the respective bureaus and offices of his Department or other Government establishment such arrears exist, the extent thereof, and the reasons therefor, and also a statement of the number and compensation of employees appropriated for in one bureau or office who have been detailed to another bureau or office for a period exceeding one year.1 Sec. 7, act of March 2, 1895 (28 Stat. L., 808). 49. The head of each Department shall make an annual report to Congress of the names of the clerks and other persons that have been employed in his Department and the offices thereof; stating the time that each clerk or other person was actually employed, and the sums paid to each; also, whether they have been usefully employed; whether the services of any of them can be dispensed with without 'See, also, in connection with the preparation and submission of annual estimates, paragraphs 166-174 post. Report of clerks employed. Aug. 26, 1842, c. 202, s. 11, v. 5, p. 525. Sec. 194, R.S. Time of making annual reports. See all acts re detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better dispatch of business. 50. Except where a different time is expressly prescribed by law, the various annual reports required to be submitted quiring reports. to Congress by the heads of Departments shall be made at the commencement of each regular session, and shall embrace the transactions of the preceding year. Sec. 195, R. S. ports, when to printer. Department re- 51. The head of each Department, except the Departbe furnished to ment of Justice, shall furnish to the Congressional Printer June 25, 1864, c. copies of the documents usually accompanying his annual pp. 184, 5; June report, on or before the first day of November in each year, 22, 1870, c. 150, s. 12, v. 16, p. 164. and a copy of his annual report on or before the third Sec. 196, R. S. Monday of November in each year. 155, ss. 1, 3, v. 13, property. 364: Feb. 27, 1877, Sec. 197, R. S. Inventories of 52. The Secretary of State, the Secretary of the Treas July 15, 1870, c. ury, the Secretary of the Interior, the Secretary of War, 300, s. 1. v. 16. P. the Secretary of the Navy, the Postmaster-General, the c. 69, v. 19, p. 241. Attorney-General, and Commissioner of Agriculture shall keep, in proper books, a complete inventory of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subse quently to the taking of such inventory, as well as an account of the sale or other disposition of any of such property, except supplies of stationery and fuel in the public. offices and books, pamphlets, and papers in the Library of Congress. Biennial lists of employces to or Department. 3, p. 342; Mar. 3, 9, p. 600; July 14, v. 4, p. 608; Dec. 13. gress, in annual 53. The head of each Department shall, as soon as be filed in Interi practicable after the last day in June in each year in Apr. 27, 1816, Which a new Congress is to assemble, cause to be filed Res. No. 6, 8.1, v. in the Department of the Interior a full and complete list 1851, c. 32, 8.1, v. of all officers, agents, clerks, and employees employed in 1832, Res. No. 11, his Department, or in any of the offices or Bureaus con15, 1877, v. 20, p. nected therewith. He shall include in such list all the staSec. 198, R. s. tistics peculiar to his Department required to enable the Secretary of the Interior to prepare the Biennial Register. Report to Con- 54. It shall be the duty of the heads of the several estimates, of Executive Departments to submit to Congress each year, in the annual estimates of appropriations, a statement of Mar. 3, 1883, v. the number of buildings rented by their respective Departments, the purposes for which rented, and the annual rental of each. Act of March 3, 1883 (22 Stat. L., 552). Report of num. 55. It shall be the duty of the heads of the several ber of employees who are below a Executive Departments of the Government to report to Congress each year in the annual estimates the number of 1890, v. 26, p. 268.' employees in each bureau and office and the salaries of each who are below a fair standard of efficiency. Sec. 2, act of July 11, 1890 (26 Stat. L., 268). buildings rented, etc. 22, p. 552. fair standard of MISCELLANEOUS PROVISIONS. etc., contribu of Government poses prohibited. 56. That all executive officers or employees of the United Requesting, States not appointed by the President, with the advice tions by officers and consent of the Senate, are prohibited from requesting, for political purgiving to, or receiving from, any other officer or employee Sec. 6, Aug, 15, of the Government, any money or property or other thing 1876, v. 19, p. 169 of value for political purposes; and any such officer or employee, who shall offend against the provisions of this section shall be at once discharged from the service of the United States; and he shall also be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars. Sec. 6, act of August 15, 1876 (19 Stat. L., 169). pro 57. That hereafter no building owned, or used for public Draping public buildings in purposes, by the Government of the United States, shall mourning be draped in mourning and no part of the public fund shall sec. 3, Mar, 3, be used for such purpose. Sec. 3, act of March 3, 1893 1893, v. 27, p. 715. (27 Stat. L., 715). 58. That hereafter the Executive Departments of the Government shall not be closed as a mark to the memory of any deceased ex-official of the United States. act of March 3, 1893 (27 Stat. L., 715). Sec. 4, Depart 59. That the Secretaries, respectively, of the ments of State, of the Treasury, War, Navy, and of the Interior, and the Attorney-General, are authorized to make requisitions upon the Postmaster-General for the necessary amount of official postage stamps for the use of their Departments, not exceeding the amount stated in the estimates submitted to Congress; and upon presentation of proper vouchers therefor at the Treasury, the amount thereof shall be credited to the appropriation for the service of the PostOffice Department for the same fiscal year.1 Sec. 2, act of March 3, 1883 (22 Stat. L., 563). hibited. Closing Departments for deceased ex-offi cials prohibited. Sec. 4, Mar. 3. 1893, v. 27, p. 715. Official postage partmental use. stamps for de Sec. 2, Mar. 3, 1883, v. 22, p. 563. opes for inclosure ficial communi 60. And it shall be the duty of the respective Depart- Penalty envel ments to inclose to Senators, Representatives, and Dele- of answers to of gates in Congress, in all official communications requiring cations. answers, or to be forwarded to others, penalty envelopes addressed as far as practicable, for forwarding or answering such official correspondence.' Sec. 2, act of March 3, Sec. 2, ibid. be made for rent 61. Hereafter no contract shall be made for the rent of, No contracts to any building, or part of any building, in Washington, not of any building in Washington now in use by the Government, to be used for the purposes without appro priation thereof the Government until an appropriation therefor shall for, etc. have been made in terms by Congress. Act of June 22, v. 18, p. 144. 1-74 (18 Stat. L., 114). For provisions of statutes relating to the free transmission of official mail matter whapter VI, THE POST OFFICE DEPARTMENT. June 22, 1874 CHAPTER III. Par. THE DEPARTMENT OF WAR. 1 Par. 62. Establishment of the Depart- 73. Affidavits may be received in ment of War. 63. Assistant Secretary of War to be appointed. 64. Subordinate officers. 65. Chief clerk. settlement of accountsofcom pany commanders for clothing, etc. 74. Power to administer oaths. 75. Surplus charts may be sold. 66. Management of military af. 76. Surplus maps and publications fairs. 67. Custody of departmental rec- 68. Collecting flags. of Signal Office may be sold. 77. Report of unexpended balances. 78. Annual statement of expenditures of appropriation for contingent expenses. Report of bids for works. 69. Purchase and transportation 79. 80. Report of examinations of river and harbor improvements. Establishment of the Department of War. Sec. 214, R. S. Assistant Secretary of War to be appointed. Mar. 5, 1890, v. 20, p. 17. Salary. Duties. 70. Transportation of troops. 71. Construction of new lines of 81. Returns of the militia. telegraph. 72. Loss of certificate of dis charge. 82. Assignment of rooms in State, 62. There shall be at the seat of Government an Executive Department to be known as the Department of War, and a Secretary of War, who shall be the head thereof.1 63. There shall be in the Department of War an Assistant Secretary of War, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of four thousand five hundred dollars a year, payable monthly, and who shall perform such duties in the Department of War as shall be prescribed by the Secretary or may be required by law. Act March 5, 1890 (26 Stat. L., 17). I The Department of War and the office of Secretary of War were created by the act of August 7, 1789 (1 Stat. L., 49). The Secretary of War succeeded to the office and functions of the Secretary at War, whose powers and duties were defined in an ordinance of Congress dated January 27, 1785 (1 Stat. L., 49, note b). The office of Secretary of War included that of Secretary of the Navy until April 30, 1798, when the Department of the Navy was established, and so much of the act of August 7, 1789, as imposed duties upon the Secretary of War in connection therewith was repealed (1 Stat. L., 553). For statutory provisions respecting a temporary vacancy in the office of Secretary of War see paragraphs 7 to 14, ante. The act of August 5, 1882, authorizing the appointment of an Assistant Secretary of War was repealed by the act of July 7, 1884 (23 Stat. L., 331), the power conferred by the act of August 5, 1882, never having been exercised. In the case of Ryan e. U. S., 136 U. S., 18, 80, it was held that the authority vested in the Secretary of War could in his absence be exercised by the officer who under the law became for the time acting Secretary of War. |