required for naval use; and to have the bread for the Navy baked from this flour by special contract under naval inspection.

Act March 3, 1863, c. 118, § 4, 12 Stat. 818.

§ 6879. (R. S. § 3728.) Home manufactures to be preferred.

The Secretary of the Navy, in making contracts and purchases of articles for naval purposes, shall give the preference, all other things, including price and quality, being equal, to articles of the growth, production, and manufacture of the United States. In purchasing fuel for the Navy, or for naval stations and yards, the Secretary of the Navy shall have power to discriminate and purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used.

Act Sept. 28, 1850, c. 80, § 1, 9 Stat. 513, 515.

§ 6880. (R. S. § 3729.) Bunting.

The Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury may enter into contract, in open market, for bunting of American manufacture, as their respective services require, for a period not exceeding one year, and at a price not exceeding that at which an article of equal quality can be imported.

Act March 2, 1865, c. 74, § 7, 13 Stat. 467.

§ 6881. (R. S. § 3730.) liveries.

Relinquishment of reservations on de

The Secretary of the Navy may relinquish and pay all reservations of the ten per centum upon deliveries made under contracts with the Navy Department, where these reservations have arisen and the contracts have been afterward extended, or where the contracts have been completed after the time of delivery, by and with the consent of the Department, or where the contracts have been dissolved by the like consent, or have been terminated, or an extension thereof has been prevented by operation of law, where no injury has been sustained by the public service.

Act June 17, 1844, c. 107, § 5, 5 Stat. 703.

The Secretary of the Navy was authorized to make partial payments during the progress of the work under contracts, by Act Aug. 22, 1911, c. 42, post, § 6882.

§ 6882. (Act Aug. 22, 1911, c. 42.) Partial payments during progress of work under contracts.

That the Secretary of the Navy be, and he hereby is, authorized, in his discretion, to make partial payments from time to time during the progress of the work under existing contracts and all contracts hereafter made under the Navy Department for public purposes, but not in excess of the value of work already done; and the contracts hereafter made shall provide for a lien in favor of the Government, which lien is hereby made paramount to all other liens, upon the articles or thing contracted for on account of all payments so made: Provided, That partial payments shall not be made under such con

tracts except where stipulated for, and then only in accordance with. contract provisions. (37 Stat. 32.)

This was an act entitled "An act authorizing the Secretary of the Navy to make partial payments for work already done under public contracts." A previous provision, somewhat similar to this act, contained in Act March 4, 1911, c. 239, 36 Stat. 1267, was repealed by Res. Aug. 14, 1911, No. 5, 37 Stat. 38.

§ 6883. (R. S. § 3731.) Name of contractor to appear on supplies. Every person who shall furnish supplies of any kind to the Army or Navy shall be required to mark and distinguish the same with the name of the contractor furnishing such supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct; and no supplies of any kind shall be received, unless so marked and distinguished.

Act July 17, 1862, c. 200, § 15, 12 Stat. 596.

§ 6884. (R. S. § 3732.) Unauthorized contracts prohibited.

No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, or transportation, which, however, shall not exceed the necessities of the current year:

Act March 2, 1861, c. 84, 8 10, 12 Stat. 220.

This section was re-enacted, with an additional clause including in the exception of contracts or purchases in the War and Navy Departments, "medical and hospital supplies," by Act June 12, 1906, c. 3078, post, § 6885. No Department of the Government is to expend, in any one fiscal year, any sum in excess of appropriations made by Congress for that fiscal year, or involve the Government in any contract for the future payment of money in excess of such appropriations, by R. S. § 3679, ante, § 6778.

A provision of Act Aug. 4, 1886, c. 903, § 1, 24 Stat. 266, following a deficiency appropriation for making and publishing weather maps, that none of such work should be done except under specific appropriations therefor made in advance, was superseded by subsequent provisions for the printing of such maps under the direction of the Secretary of Agriculture in the Printing and Binding Act of Jan. 12, 1895, c. 23, § 89, post, § 7163.

The Commissioner of Indian Affairs was authorized to advertise, in the spring of each year, for bids, and to enter into contracts, subject to the approval of the Secretary of the Interior, for goods and supplies for the Indian Service required for the ensuing fiscal year, notwithstanding that the appropriations for such fiscal year had not been made, by Act Aug. 15, 1894, c. 290, § 4, ante, § 4046.

Provisions for the purchase of supplies for the Indian Service, and the letting of contracts, and the hire of labor, are contained in the Indian appropriation acts for recent fiscal years. They relate only to purchases, etc., provided for by other parts of the acts, and are of permanency only as they affect such purchases made under the acts. The provisions for the fiscal year 1914 were by Act June 30, 1913, c. 4, 38 Stat. 79.

§ 6885. (Act June 12, 1906, c. 3078.) No contracts or purchases unless authorized or under adequate appropriation, except for Army and Navy supplies, etc.

No contract or purchase on behalf of the United States shall be made, unless the same is authorized by law or is under an appropri ation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, trans

portation, or medical and hospital supplies, which, however, shall not exceed the necessities of the current year. (34 Stat. 255.)

This was a proviso annexed to an appropriation for the purchase of medical and hospital supplies, etc., in the Army appropriation act for the fiscal year 1907, cited above.

This provision re-enacted a similar provision of R. S. § 3732, ante, § 6884, with the addition, in the exception of contracts and purchases in the War and Navy Departments, of the words "or medical and hospital supplies."

§ 6886. (R. S. § 3733.) No contract to exceed appropriation.

No contract shall be entered into for the erection, repair, or furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose.

Act July 25, 1868, c. 233, § 3, 15 Stat. 177.

Provisions relating to the acquisition of sites or rights of way for public buildings or public works, the construction, erection, maintenance, and repair of such buildings, or works, the control and regulation thereof, the rental of buildings for public uses in certain cases, etc., are collected under Title XLIII A, "Public Buildings and Works."

Whenever any estimate submitted to Congress by the head of a department asks an appropriation for any new specified expenditure, such as the erection of a public building, or the construction of any public work requiring a plan before the building or work can be properly completed, such estimates must be accompanied by full plans and detail estimates of the cost of the whole work, and all subsequent estimates for any such work must state the original estimated cost, the aggregate amount theretofore appropriated for the same, and the amount actually expended thereupon, as well as the amount asked for the current year for which such estimate is made; and, if the amount is in excess of the original estimate, the full reasons for the excess, and the extent of the anticipated excess, must also be stated, by R. S. § 3663, ante, § 6681.

No contracts are to be made for payment for any site for a public building in excess of the amount specifically appropriated therefor, by a provision of R. S. § 3734, as amended by Act June 25, 1910, c. 383, § 33, post, § 6905. Where appropriations are made in part only for carrying into effect provisions for public buildings, contracts may be entered into within the full limit of cost fixed by Congress therefor, by Act May 30, 1908, c. 228, § 34, post, 6887.

Any officer of the government, knowingly contracting for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specified sum appropriated for such purpose, was punishable by imprisonment for not less than six months nor more than two years, and is subject to the payment of a fine of $2,000, by R. S. § 5503, which was incorporated into the Criminal Code, in section 98 thereof, post, § 10266, and was repealed by section 341 thereof, post, § 10515. The Secretary of the Treasury was required from and after July 1, 1874, and from and after the 1st day of July of each year thereafter, to cause all unexpended balances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund, and covered into the Treasury, by Act June 20, 1874, c. 328, § 5, ante, § 6802. This proviso, however, is not applicable to permanent specific appropriations, or to certain other appropriations, and said appropriations are continued available, until otherwise ordered by Congress, by another proviso of said section, ante, § 6802.

§ 6887. (Act May 30, 1908, c. 228, § 34.) Contracts for public buildings authorized within limit of cost fixed, although appropriations are in part only.

That hereafter in all cases where appropriations are made in part

only for carrying into effect the provisions of legislation authorizing the acquisition of land for sites or for the enlargement of sites for public buildings, or for the erection or remodeling, extension, alteration, and repairs of public buildings, the Secretary of the Treasury, unless otherwise specifically directed, be, and he is hereby, authorized and empowered to enter into contracts within the full limit of cost fixed by Congress therefor. (35 Stat. 545.)

See notes to R. S. § 3733, ante, § 6886.

(R. S. § 3734. Transferred.)

This section imposed certain restrictions upon the commencement of new buildings for the use of the United States. It is placed under Title XLIII,

A, "Public Buildings and Works," and there set forth as amended by Act June 25, 1910, c. 383, § 33, post, § 6905.

§ 6888. (R. S. § 3735.) Contracts limited to one year.

It shall not be lawful for any of the Executive Departments to make contracts for stationery or other supplies for a longer term than one year from the time the contract is made.

Res. Jan. 31, 1868, No. 8, 15 Stat. 246.

This section was not to apply to contracts for mail bags, mail locks and keys, postal cards, postage stamps, newspaper wrappers, or stamped envelopes, by Res. March 24, 1874, No. 6, post, § 7260.

The Postmaster-General was authorized to make contracts for necessary supplies for the free-delivery service for a period not exceeding four years, by Act March 2, 1889, c. 374, § 1, post, § 7283; to contract for printing postroute maps for a term of four years, by Act March 2, 1895, c. 177, § 1, post, § 7264; to contract for furnishing the Official Postal Guide for a term of four years, by Act May 28, 1896, c. 252, § 1, post, § 7265.

The Postmaster-General was authorized to make contracts for supplies for the "Supply Division" for a term not exceeding four years, by Act April 21, 1902, c. 563, § 1, post, § 7261.

The Postmaster-General was authorized to contract, for a period not exceeding four years, for all envelopes, stamped or otherwise, designed for sale to the public or for use by the departments, etc., by a provision of Act June 26, 1906, c. 3546, post, § 7392.

The Postmaster-General was authorized to enter into contracts for not exceeding four years, for the rental of canceling machines, for the hire of equipages for the city delivery service, for the collection service by street cars, and for equipment for Detroit River postal service, by a provision of Act March 4, 1911, c. 241, § 1, post, § 7262.

§ 6889. (R. S. § 3736.) Restriction on purchases of land.

No land shall be purchased on account of the United States, except under a law authorizing such purchase.

Act May 1, 1820, c. 52, § 7, 3 Stat. 568.
See note to R. S. § 3733, ante, § 6886.

§ 6890. (R. S. § 3737.) No transfer of contract.

No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States.

July 17, 1862, c. 200, § 14, 12 Stat. 596.

(R. S. § 3738. Superseded.)

This section provided that eight hours should constitute a day's work for all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States. It was superseded by the more comprehensive provisions of the same nature of Act Aug. 1, 1892, c. 352, post, §§ 89188920.

§ 6891. (Act April 28, 1904, c. 1759, § 1.) Material or supplies manufactured by convict labor not to be purchased by PostOffice Department.

Hereafter no contract shall be entered into by the Post-Office Department for purchase of material or supplies to be manufactured by convict labor. (33 Stat. 435.)

This was a proviso annexed to an appropriation for mail bags, etc., in the postal appropriation act for the fiscal year 1905, cited above.

(R. S. §§ 3739, 3740. Repealed.)

R. S. § 3739, made it unlawful for any member of or delegate to Congress to be interested in any contract with the United States, or officer thereof, R. S. § 3740, provided that the preceding section should not extend to contracts made with an incorporated company for the general benefit of the company, nor to the purchase or sale of bills of exchange or other property by any member of or delegate to Congress where the same were ready for delivery and payment was made at the time of entering into the contract. These sections were incorporated into the Criminal Code, in sections 114, 116 thereof, post, §§ 10284, 10286, and were repealed by section 341 thereof, post, § 10515.

§ 6892. (R. S. § 3741, as amended, Act Feb. 27, 1877, c. 69, § 1.) Stipulation that no member of Congress has an interest.

In every such contract or agreement to be made or entered into, or accepted by or on behalf of the United States, there shall be inserted an express condition that no member of or delegate to Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

Act April 21, 1808, c. 48, § 3, 2 Stat. 484. Act Feb. 27, 1877, c. 69, § 1, 19 Stat. 249.

This section was amended by Act Feb. 27, 1877, c. 69, § 1, cited above, by inserting after the words "that no member of" the words "or delegate to."

(R. S. § 3742. Repealed.)

This section imposed a penalty upon every officer who, on behalf of the United States, should enter into any contract with any member of or delegate to Congress. It was incorporated into the Criminal Code, in section 115 thereof, post, § 10285, and was repealed by section 341 thereof, post, § 10515. § 6893. (Act June 22, 1874, c. 389, § 10.) Government agents and employés not to be interested in Indian contracts.

No agent or employee of the United States Government, or of any of the Departments thereof, while in the service of the Government, shall have any interest, directly or indirectly, contingent or absolute, near or remote, in any contract made, or under negotiation, with the Government, or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians; nor shall any such agent or employee collude with any person who may attempt to obtain any such contract for the purpose of enabling such person to obtain the same. The violation of any of the provisions of this section shall be a misdemeanor, and