necessary for printing and binding, to be executed unde the direction of the Congressional Printer. salaries. Estimates for 69. All estimates for the compensation of officers authorized by law to be employed shall be founded upon the express provisions of law, and not upon the authority of 670 executive distribution.1 175, s. 8, v. 10, p. Sec. 3662, R.S. claims allowed. 2, v. 23, p. 254. 70. The Secretary of the Treasury shall, at the com- Report of mencement of each session of Congress, report the amount, July 7, 1884, s. due each claimant whose claim has been allowed in whole or in part, to the Speaker of the House of Representatives and the President of the Senate, who shall lay the same before their respective houses for consideration. Act of July 7, 1884 (23 Stat. L., 254). Sec. 2, 71. Whenever any estimate submitted to Congress by the head of a Department asks an appropriation for any new specific 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 estimate shall be accompanied by full plans and detailed estimates of the cost of the whole work. All subsequent estimates for any such work shall 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 asked is in excess of the original estimate, the full reasons for the excess and the extent of the anticipated excess shall be also stated. planations re 72. Whenever the head of a Department, being about Additional exto submit to Congress the annual estimates of expenditures quired. required for the coming year, finds that the usual items of Sec. 3664, R.S. Ibid. A statute which fixes the annual salary of a public officer at a designated sum, without limitation as to time, is not abrogated by subsequent enactments appropriating a less amount for his services for a particular fiscal year, but containing no words which expressly or impliedly repeal it. U. S. v. Langston, 118 U. S., 389. It is otherwise, however, when the sum appropriated is "in full compensation" for the salary of a particular officer, in which case the earlier act is suspended for the time covered by the appropriation. U. S. r. Fisher, 109 U. S., 143; U. S. r. Mitchell, ibid., 146. A salary that is established by statute can not be increased nor diminished by executive officers. It is not a subject of contract between such officers. The incumbent of an office is entitled to the salary attached thereto by law, and, if he receives a less sum from disbursing officers, he can claim and receive the balance. Dyer . U. S., 20 Ct. Cls., 166, 171; Adams v. U. S., ibid., 115. Such recovery may be had though, by the terms of his appointment, he was to receive less and though he may have been compelled to execute a receipt in full therefor. Ibid. It is not within the power of the head of an Executive Department to reduce or change the salary of an officer which Congress has specifically prescribed; and an agreement to that effect, being contrary to public policy, will not be enforced or given effect as an estoppel. Miller . U. S., 103, Fed. Rep., 413. But, for express authority to reduce the salaries of clerks, see section 3, act of August 15, 1876 (19 Stat. L., 169), paragraph 36 ante. Report to Congress, in annual buildingsrented, etc. such estimates vary materially in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same objects for the preceding year, and whenever new items not theretofore usual are introduced into such estimates for any year, he shall accompany the estimates by minute and full explanations of all such variations and new items, showing the reasons and grounds upon which the amounts are required, and the different items added. 73. It shall be the duty of the heads of the several Execestimates, of utive Departments to submit to Congress each year, in the annual estimates of appropriations, a statement of 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). Mar. 3, 1883, v. 22, p. 552. Rented buildings in the Dis 74. Hereafter it shall be the duty of the Secretary of the trict of Colum-Treasury to cause to be prepared and submitted to ConJuly 1, 1892, v. gress each year, in the annual Book of Estimates of bia. 27, p. 183. Statement of proceeds of sales May 8, 1872, c. 83; Feb. 27, 1877, appropriations, a statement of the buildings rented within the District of Columbia for the use of the Government, the purposes for which rented, and the annual rental of each. Act of July 16, 1892 (27 Stat. L., 183). 75. A detailed statement of the proceeds of all sales of of old material. old material, condemned stores, supplies, or other public 140, s. 5, v. 17, p. property of any kind except materials, stores, or supplies c. 69, v. 19, p. 249. sold to officers and soldiers of the Army, or to exploring or surveying expeditions authorized by law shall be included in the appendix to the Book of Estimates. Sec. 3672, R. S. River and har bor works. 76. Hereafter the Secretary of War shall annually subJune 4, 1897, v. mit estimates in detail for river and harbor improvements 30, p. 48. Condition business. s. 7, v. 28, p. 808. of required for the ensuing year to the Secretary of the Treasury to be included in, and carried into, the sum total of the Book of Estimates. Act of June 4, 1897 (30 Stat. L., 48). 77. It shall be the duty of the head of each Executive March 2, 1895, 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 1 For statutory provisions in respect to the renting of buildings in the District of Columbia see paragraphs 93a and 94 post. See, also, the act of March 3, 1887 (24 Stat. L., 509). 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 in another bureau or office for a period exceeding one year. Sec. 7, Act of March 2, 1895 (28 Stat. L., 808). efficiency. 78. It shall be the duty of the heads of the several Exec- Report of emutive Departments of the Government to report to Con-fair standard of gress each year, in the annual estimates, the number of July 11, 1890, s. employees in each bureau and office and the salaries of" each who are below a fair standard of efficiency.' Section 2, Act of July 11, 1890 (26 Stat. L., 268). Par. .7, v. 26, p. 268. PROCUREMENT OF SUPPLIES; CONTRACTS AND PURCHASES 79. Advertising. 80-81. Contracts and purchases; Pro posals. Par. 82. Contracts for stationery. 83-85. Inspection of fuel in the District of Columbia. ADVERTISING. Jan. 21, 1881, v. p. 317. Sec. 3828, R. S. 79. That all advertising required by existing laws to be The same done in the District of Columbia by any of the Depart-21, ments of the Government shall be given to one daily and one weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Provided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes. Act of January 21, 1881 (21 Stat. L., 317). CONTRACTS AND PURCHASES; PROPOSALS. ment. 80. The act entitled "An Act to amend section thirty- Scope of enactseven hundred and nine of the Revised Statutes relating to contracts for supplies in the Departments at Washing 'Section 7, of the act of March 2, 1895 (28 Stat. L., 808), paragraph 77 ante, requires reports to be submitted to Congress as to the condition of business in the several Executive Departments, of any arrears that may exist, with the reasons there- . for, and a statement of detailed employees. "The word "supplies,” as used in section 3709 of the Revised Statutes, evidently has reference to those things which the well-known needs of the public service will from time to time require in its different branches for its successful and efficient administration, and the statute was intended to afford the Government the pecuniary benefits, as well as the protection against fraud and favoritism, which open and honest competition is always likely to secure. It could not have been in the mind v. 28, p. 62. ited. April 21, 1894 ton," approved January twenty-seven, eighteen hundred Provisions lim- and ninety-four, is hereby so amended that the provisions Sec. 3709, R. S. thereof shall apply only to advertisements for proposa Is for fuel, ice, stationery, and other miscellaneous supplies of the lawmaking power to require that purchases could only be made after advertisement of small articles which may occasionally be needed, and where in many cases the cost of advertising itself would exceed the value of the article purchased. It can not be said that such cases are governed by the emergency provision in the statute, for there may be, and are, many instances where the officer could not truthfully certify that immediate delivery was necessary. (3 Dig. 2nd Compt. Dec., p. 288.) The act of March 2, 1861 (sec. 3709, R. S.), while requiring such advertisement, as the general rule invests the officer charged with the duty of procuring supplies or services with a discretion to dispense with advertising, if the exigencies of the public service require immediate delivery or performance. It is too well settled to admit of dispute at this day that, where there is a discretion of this kind conferred on an officer or board of officers, and a contract is made in which they have exercised that discretion, the validity of the contract can not be made to depend on the degree of wisdom or skill which may have accompanied its exercise. U.S. v. Speed, 8 Wall., 77, 83; Childs v. U. S., 4 Čt. Cls., 176; Mason v. U. S., 4 Ct. Cls., 495; Wentworth v. U. S., 5 Ct. Cls., 302. See, also, III Compt. Dec., 175, 314, 470; II ibid., 373, 632. Section 3709, Revised Statutes, provides, generally, that the making of public contracts for supplies, etc., shall be preceded by an advertising for proposals "when the public exigencies do not require the immediate delivery of the articles or performance of the service." Exigencies growing out of a state of war, or hostilities with Indians, were probably mainly had in view, and it is exigencies of this class which have been considered in the adjudged cases in the Supreme Court and Court of Claims. (a) It is clear, however, that other exigencies may exist requiring that contracts or purchases be made at once or without the delay incident to advertising for proposals. Thus a loss of stores, structures, etc., on hand, caused by an actus Dei or vis major, as fire, storm, freshet, or a sudden riot or violent disorder; or a loss of supplies occasioned by the neglect of military subordinates in charge; or a failure of a contractor to fulfill a contract for supplies, transportation, or other service, might properly be regarded as constituting an "exigency" under the statute, if of such magnitude or injurious consequence to the Army as to necessitate an immediate making good of the deficiency. (b) The general rule, however, of the statute, in requiring a notice and invitation to the public as a preliminary to the awarding of a contract, is founded upon a sound and well-considered public policy, and exceptions thereto, especially in time of peace, should be recognized as admissible only where, if the rule were strictly complied with, the public interests would manifestly be most seriously prejudiced. (c) For section 3709 of the Revised Statutes, of which the following paragraphs are amendments, see paragraph 81, post. For further annotation of section 3709, Revised Statutes, as amended by the act of January 27, 1894 (28 Stat. L., 33), see paragraph 81, post. a See U.S. v. Speed, 8 Wallace, 83; Reeside v. U. S., 2 Ct. Cls., 1; Mowry . U. S., ibid.. 68; Stevens v. U.S., ibid., 95; Floyd v. U.S., ibid., 429; Crowell . U. S., ibid., 501; Baker v. U. S., 3 ibid., 343; Henderson v. U. S., 4 ibid., 75; Childs v. U. S., ibid., 176; Wentworth e. U. S., 5 ibid., 302; Wilcox e. U. S.. ibid., 386; Cobb v. U. S., 7 ibid., 471, and 9 ibid., 291; Thompson v. U. S., ibid., 187; Mckec v. U. S., 12 ibid., 505. bSee G. O. 10 of 1879. §§ 22-25, pp. 14-15; do. 72, id., p. 52; do. 40 of 1880, p. 58; also McKee v. United States, 12 Ct. Cls., 529-530. CAs to the authority who is to decide whether there exists such an exigency as is contemplated by the statute, the Supreme Court, in the United States v. Speed, 8 Wallace, 83, has held that it is *** "the officer charged with the duty of procuring supplies or services who is invested with this discretion.' This description is rather general, nor is the term "the purchasing officer," by which the Court of Claims explains it, in Thompson v. United States, 9 Ct. Cls., 196, a much more precise definition. It is clear, however, that a subordinate officer charged with the duty of being the immediate representative of the United States in a contract or purchase should not, in general, venture to dispense with advertising, on the theory of the existence of a public exigency, in the absence of instructions or orders from a proper superior. Nor, on the other hand, will a superior officer, in entering into a contract for his command or branch of the service, properly assume that an "exigency" exists authorizing him to dispense with the statutory forms, when the period is time of peace and no imperative necessity exists for the immediate delivery of the supplies or performance of the service proposed to be contracted for. It is to be noted that the cases both of Speed and Thompson related to contracts entered into during the late war. In the instructive opinions of the Attorney-General on the "Fifteen per cent contracts," of April 27 and May 3, 1877 (XV Opins., 235, 253), it is held that the "exigency" contemplated by the statute can be one of time only, and that it can be regarded as existing only where an immediate delivery or performance is required by a public necessity. not invalid. to be purchased at Washington for the use of the Executive Departments and other Government establishments therein named; and no advertisements made or contracts Contracts, etc., awarded or to be awarded thereon since January twentyseven, eighteen hundred and ninety-four, in accordance with the laws in force prior to said date, shall be declared to be illegal or invalid for noncompliance with said law of January twenty-seventh, eighteen hundred and ninety four. Act of April 21, 1894 (28 Stat. L., 62). for all the De on the same day. sec. 1, Jan. 27, 1894, v. 28, p. 33. Sec. 3709, R. S. ing bids to be the same. 81. The advertisement for such proposals shall be made Advertisements by all the Executive Departments, including the Depart-partments to be ment of Labor, the United States Fish Commission, the Interstate Commerce Commission, the Smithsonian Institution, the Government Printing Office, the government of the District of Columbia, and the superintendent of the State, War, and Navy building, except for paper and materials for use of the Government Printing Office, and materials used in the work of the Bureau of Engraving and Printing, which shall continue to be advertised for and purchased as now provided by law, on the same days and shall Time for openeach designate two o'clock post meridian of such days for the opening of all such proposals in each Department and other Government establishment in the city of Washington; and the Secretary of the Treasury shall designate the day or days in each year for the opening of such proposals and give due notice thereof to the other Departments and Government establishments. Such proposals shall be opened in the usual way and schedules thereof duly prepared and, together with the statement of the proposed action of each Department and Government establishment thereon, shall be submitted to a board, consisting of one of the Assistant Secretaries of the Treasury and Interior Departments and one of the Assistant Postmasters-General, who shall be designated by the heads of said departments and the Postmaster-General, respectively, at a meeting to be called by the official of the Treasury Department, who shall be chairman thereof, and said board shall carefully examine and compare all the proposals so submitted and recommend the acceptance or rejection of any or all the proposals. And if any or all of such proposals shall be rejected, adver- Readvertisetisements for proposals shall again be invited and proceeded bids. with in the same manner. Sec. 1, act of January 27, 1894 (28 Stat. L., 33). H. Doc. 545--3 ment of rejected |