rules and regulations for the government of the Army.' Sec. 3, act of July 21, 1876 (19 Stat. L., 100). to be filled. 27. p. 426. 1221. That where a vacancy now exists or hereafter Vacancies not occurs in the position of post trader at any military post itJan 28, 1893, v. shall not be filled, and the authority to make such appointment is hereby terminated: Provided, That in the event of the death of a post trader his personal representative shall be allowed by the Secretary of War a reasonable time in which to close the business. Act of January 28, 1893 (27 Stat. L., 426). POST SCHOOLS. 1222. Schools shall be established at all posts, garrisons, and permanent camps at which troops are stationed, in which the enlisted men may be instructed in the common English branches of education, and especially in the history of the United States; and the Secretary of War may detail such officers and enlisted men as may be necessary to carry out this provision. It shall be the duty of the post or garrison commander to set apart a suitable room or building for school and religious purposes. POST BAKERIES. Post schools. Sec, 27, July 28, 1866, v. 14, p.336. Sec. 1231, R. S. Post bakeries, schools, kitch ens, gardens, etc. 1223. That for the current fiscal year and thereafter there may be expended from the appropriation for regular sup- "June 13, 1890, v. phies the amounts required for the necessary equipments 26, p. 152. of the bake-house to carry on post bakeries; for the necessary furniture, text-books, paper and equipments of the post schools; for the tableware and mess furniture for kitchens and mess halls; •⚫ each and all for use of the enlisted men of the Army.' Act of June 30, 1890 (26 Stat. L., 152). POST EXCHANGES. 1224. That hereafter no money appropriated for the sup. port of the Army shall be expended for post gardens or exchanges; but this proviso shall not be construed to pro hibit the use, by post exchanges, of public buildings or public transportation when, in the opinion of the Quarter master General, not required for other purposes. Act of July 16, 192 (27 Stat. L., 17. ?Pat see paragraph 1721 just for the requirement of the act of January 2× 1mg? that traders) på as they become Vacall arer 1 to be flind *} rstatutory duties of post and ry, ter farchajiäitin sti respect to post achouls sew ane paragraph 317 4 Army Reg dat ons of 1*** len som paragraphs 304 309, Arts Regulations of 1×35. Postexchanges and post garde tim. July 16, 1882, V. 27 p 17. Sale of alcoholic liquors, etc., restricted. June 13, 1890, v. 26, p. 154. 1225. That no alcoholic liquors, beer or wine, shall be sold or supplied to the enlisted men in any canteen, or post trader's store, or in any room or building at any garrison or military post, in any State or territory in which the sale of alcoholic liquors, beer or wine is prohibited by law.' Act of June 13, 1890 (26 Stat. L., 154). It was held by the United States circuit court in and for the district of Nebraska (In re Ladd; 74 Fed. Rep., 31, decided in May, 1896) that the State of Nebraska was without jurisdiction to enforce an excise law of the State (act of March 29, 1889) in and upon the military reservation of Fort Robinson, Nebr.; jurisdiction over the same having been ceded to the United States in March, 1887. The post exchange (formerly the canteen) is an association, or soldiers' club, owning and operating a cooperative store. It is not, and never was, in any sense a trader within the meaning of the acts of July 24, 1876, and June 30, 1882, and has no lien on the soldier's pay. The accounting officers have no duty to perform in con nection with the claims or accounts of any post exchange, unless they are involved in the improper disbursement of Government funds. (2 Compt. Dec., 56.) pose 1226. The Congress shall have power to dispose of and Power to acmake all needful rules and regulations respecting the ter- of property ritory or other property belonging to the United States. vested in ConConstitution, Art. IV, sec. 3. 'See note to paragraph 1215, ante. The provision of the Constitution in regard to the disposition of public property applies to personalty equally as to realty. Thus no Executive Department or officer can be empowered, except by the authority of Congress, to dispose of personal property of the United States. (a) So, held that, in the absence of such authority, a military commander could not legally dispose of temporary buildings-not "fixtures-erected upon a military reservation. So, held that the Secretary of War would not be authorized, in the absence of enabling legislation, to sell or negotiate the bonds or promissory notes made to the United States by certain railroad companies, in consideration of rolling stock, etc., sold and transferred to the same. And similarly held as to the authority of the Secretary to dispose of articles of inferior value, not impliedly authorized to be sold by section 1316, Revised Statutes. And held that the fact that certain valuable public property was perishable and liable to waste was not legally sufficient to justify the sale in the absence of statutory author. ity. Held that the Cavalry Tactics, a work prepared under the orders of the Secre tary of War by a board of officers, was the property of the United States, and there fore could not, without the authority of Congress, be disposed of to a bookseller a The leading case on this point is United States v. Nichols, 1 Paine (U. S. Circ ̧ Ct. R., 646), in which it was held that a sale or loan, by the commandant of an arsenal' of a quantity of lead belonging to the United States was illegal and invalid. The court say: "The Constitution declares that 'Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States. No public property can therefore be disposed of without the authority of law, either by an express act of Congress for that purpose or by giving the authority to some Department or subordinate agent. No law has been shown authorizing the sale of this lead, nor is any such authority to be inferred from the general power vested in any of the Departments of the Govern ment. The power, if lodged anywhere, would seem most appropriately to belong to the War Department; but there is no such express or implied power in that Department to sell the public property put under its management." And see the same principle recognized in an opinion of the Attorney-General (in 16 Opins., 477), in which it is held that the Secretary of War was not empowered to sell arms to a State in the absence of authority from Congress. gress. Purchase, safe distribution of Mar. 3, 1813, c. Sec. 219, R. S. 1227. The Secretary of War shall from time to time dekeeping, transportation, and fine and prescribe the kinds as well as the amount of supsupplies. plies to be purchased by the Subsistence and Quartermaster 48, 8.5,v.2, p. 817. Departments of the Army, and the duties and powers thereof respecting such purchases; and shall prescribe general regulations for the transportation of the articles of supply from the places of purchase to the several armies, garrisons, posts, and recruiting places, for the safe-keeping of such articles, and for the distribution of an adequate and timely supply of the same to the regimental quartermasters, and to such other officers as may by virtue of such regulations be intrusted with the same; and shall fix and make reasonable allowances for the store-rent and storage necessary for the safe-keeping of all military stores and supplies.1 Captured stores to be secured. 9 Art. War. 1228. All public stores taken from the enemy shall be secured for the service of the United States; and for neg lect thereof the commanding officer shall be answerable. Ninth Article of War. with a view to its publication and sale by him on his private account. (Dig. J. A. Gen., 626, par. 4.) Held that the provision of section 3618, Revised Statutes-requiring that "all proceeds of sales of old material, condemned stores, supplies, or other public prop erty of any kind," shall, with certain exceptions specified, be deposited and covered into the Treasury as miscellaneous receipts, and not withdrawn except by the authority of a statutory appropriation-applied to the proceeds of the surplus cuttings of material for clothing manufactured by the Quartermaster Department of the Army, the same not being within any of the designated exceptions; and therefore that the proceeds of such cuttings could not legally be retained and used in the business of that department. (Ibid., 630, par. 13.) Temporary buildings only erected by military orders on land of the United States at a military post, to serve a temporary purpose, are in general personal property of the United States which may be removed by the direction or authority of the Secretary of War. (a) But if the same be permanent structures and real estate, the authority of Congress is necessary to their removal. (Ibid., 631, par. 19.) The United States, being tenant of land leased for military purposes at Fort Davis, Tex., erected buildings thereon for the purposes of a military post. In view of the fact that the relation was that of landlord and tenant, that the buildings were erected for a purpose analogous to that of trade, and for a public use, and that in their erection there could certainly have been no intention to benefit the inheritance or add to the freehold-held that such buildings were to be regarded, not as fixtures, but as personal property, and removable by the tenant at any time before the expiration of his lease. Should the Government sell the buildings standing, the purchaser would have the same right of disposition as the United States, and no more. He would therefore be obliged to remove them before the termination of the lease, unless otherwise permitted by the owner of the premises. And held similarly of like build. ings erected at Fort Union, N. Mex., where the United States was tenant at will; the buildings not being intended as improvements, but merely for the use of the troops. (Ibid., 632, par. 20.) Where a post commander, without authority, took possession of land of the United States for the purpose of erecting thereon a building for his personal use, and having erected it assumed to hold and dispose of it as his own properey, held that his act was unauthorized and illegal, and that he acquired no legal estate in the building. And similarly held where, without authority, he permitted an enlisted man of his command to use land of the United States for the erection thereon of a dwelling and to hold and dispose of such dwelling as his own property. (Ibid., par. 21.) Wood growing on a military reservation is the property of the United States. So, held that a contractor who cut such wood to fill a contract made by him with the United States to furnish wood to a military post could not legally be allowed to remove or dispose of the same as his own property, and advised that he be paid merely for the cutting. (Ibid., par. 22.) For statutory provisions respecting the procurement of property and supplies, see the chapters entitled CONTRACTS AND PURCHASES, and THE STAFF DEPARTMENTS. For provisions respecting the acquisition of lands by the United States, see the chapter entitled THE PUBLIC LANDS. See also paragraphs 703-707, inclusive, Army Regulations of 1895. a But such buildings can not be sold without the authority of Congress. (Lear v. U. S., 50 Fed. Rep., 65.) of company com. mander clothing, etc. for 1229. Every officer commanding a troop, battery, or com- Accountability pany, is charged with the arms, accoutrements, ammunition, clothing, or other military stores belonging to his 10 Art. War. command, and is accountable to his colonel in case of their being lost, spoiled, or damaged otherwise than by unavoidable accident, or on actual service.' Tenth Article of War. PROPERTY ACCOUNTABILITY. turns loss to be for Mar. 29 1894, v 1230. That instead of forwarding to the accounting offi- Property recers of the Treasury Department returns of public prop. Certificates of erty entrusted to the possession of officers or agents, the warded to Treas ury accounting Quartermaster-General, the Commissary-General of Sub- officers. sistence, the Surgeon-General, the Chief of Engineers, the 28, p. 47. Chief of Ordnance, the Chief Signal Officer, the Paymaster General of the Navy, the Commissioner of Indian Affairs, or other like chief officers in any Department, by, through, or under whom stores, supplies, and other public property are received for distribution, or whose duty it is to receive or examine returns of such property, shall certify to the proper accounting officer of the Treasury Department, for debiting on the proper account, any charge against any officer or agent intrusted with public property, arising from any loss, accruing by his fault, to the Government as to the property so intrusted to him. Sec. 1, act of March 29, 1894 (28 Stat. L., 47). 1231. That said certificate shall set forth the condition of such officer's or agent's property returns, that it includes all charges made up to its date and not previously certified, that he has had a reasonable opportunity to be heard and has not been relieved of responsibility; the effect of such certificate, when received, shall be the same as if the facts therein set forth had been ascertained by the accounting officers of the Treasury Department in accounting. Sec. 2, ibid. Contents of cer- tificate. Methods of making returns, Sec. 3, ibid. 1232. That the manner of making property returns to or in any administrative bureau or department, or of ascer- etc., not affected. taining liability for property, under existing laws and regulations, shall not be affected by this Act, except as provided in section one; but in all cases arising as to such property so intrusted the officer or agent shall have an opportunity to relieve himself from liability. Sec. 3, ibid. 1233. That the heads of the several Departments are Regulations by hereby empowered to make and enforce regulations to ments. 'Under existing laws and regulations there is no system of fiscal accountability to regimental commanders for property belonging to the United States. For statutory provisions respecting such accountability see the title "Property Accounta bility." heads of Depart |