PUBLIC CONTRACTS. Act of April 28, 1904, ch. 1766, 341. Sec. 1. Army and Navy Supplies to Be Transported in American Vessels, 341. 2. In Effect, 341. Act of March 2, 1905, ch. 1307, 341. Sec. 1. Medicines and Medical Stores and Services for Army, 341. Act of April 23, 1904, ch. 1485, 342. Sec. 1. Ordnance and Ordnance Stores and Supplies, 342. Act of March 2, 1903, ch. 975, 342. Sec. 1. Signal Stores and Equipment for Signal Corps of the Army, 342. Act of Feb. 24, 1905, ch. 778, 343. Contractors for Public Buildings or Work to Give Bond to Pay for CROSS-REFERENCE. Purchasing Agent for Post-Office Department, see POST-OFFICE DEPARTMENT, ante, p. 338. An Act To require the employment of vessels of the United States for public purposes. [Act of April 28, 1904, ch. 1766, 33 Stat. L. 518.] [SEC. 1.] [Army and navy supplies to be transported in American vessels.] That vessels of the United States, or belonging to the United States, and no others, 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: Provided, 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. [33 Stat. L. 518.] SEC. 2. [In effect.] That this Act shall take effect sixty days after its passage. [33 Stat. L. 519.] * * * [SEC. 1.] [Medicines and medical stores and services for army.] That hereafter the purchase of medicines and medical stores or the engagement of services not personal for the Medical Department of the Army may be made by the Medical Department in open market in the manner common among business men when the aggregate of the amount required does not exceed two hundred dollars, but every such purchase or employment shall be promptly reported to the Secretary of War: Provided further, That hereafter civilian employees of the Army stationed at military posts may, under regulations to be made by the Secretary of War, purchase necessary medical supplies when prescribed by a médical officer of the Army. [33 Stat. L. 838.] This is from the Army Appropriation Act of March 2, 1905, ch. 1307, being a repetition of a similar paragraph in the Act of April 23, * * * 1904, ch. 1485, 33 Stat. L. 272. The first paragraph was also contained in the Act of March 2, 1903, ch. 975, 32 Stat. L. 940. [Printing for quartermaster's department.] The provisions of the Act of June 30, 1902, ch. 1328, set out in vol. 6, p. 104, are repeated in the subsequent Acts of March 2, 1903, ch. 975, 32 Stat. L. 936; March 2, 1905, ch. 1307, 33 Stat. L. 834. [Supplies for departments and posts of the army.] The provisions of the Act of June 30, 1902, ch. 1328, set out in vol. 6, p. 104, are repeated in the subsequent appropriation acts of March 2, 1903, ch. 975, 32 Stat. L. 936; April 23, 1904, ch. 1485, 33 Stat. L. 268. [Technical and scientific supplies for military academy.] The provisions of the Act of May 1, 1888, ch. 212, set out in vol. 6, p. 105, is repeated in the subsequent Acts of March 3, 1903, ch. 995, 32 Stat. L. 1018, April 28, 1904, ch. 1760, 33 Stat. L. 449; March 3, 1905, ch. 1404, 33 Stat. L. 858. * * * Here [SEC. 1.] [Ordnance and ordnance stores and supplies.] after purchases of ordnance and ordnance stores and supplies and the procurement of services may be made by the Ordnance Department in open market, in the manner common among business men, when the aggregate of the amount required does not exceed two hundred dollars, but every such purchase exceeding one hundred dollars shall be immediately reported to the Secretary of War. * * [33 Stat. L. 275.] * This is from the Army Appropriation Act of April 23, 1904, ch. 1485. Provisions somewhat similar were contained in the Act of March 2, 1903, ch. 975, 32 Stat. L. 942, and in the act set out in vol. 6, p. 107. * [SEC. 1.] [Signal stores and equipment for Signal Corps of the Army.] * SIGNAL SERVICE OF THE ARMY: * * Provided, That here * * after the purchase of signal stores and equipment, or the engagement of services not personal, by the Signal Corps of the Army, may be made by the Signal Corps of the Army in open market in the manner common among business men when the aggregate of the amount required does not exceed two hundred dollars, but every such purchase or employment shall be promptly reported to the Secretary of War. [32 Stat. L. 929.] * * * This is from the Army Appropriation Act of March 2, 1903, ch. 975. 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." [Act of Feb. 24, 1905, ch. 778, 32 Stat. L. 811.] [Contractors for public buildings or work to give bond to pay for labor and material suit on bond.] That the Act entitled "An 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: If 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 contract; 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 contractor, 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. the full amount of the liability of the surety on said bond is insufficient 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 affidavit 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 contract was to be performed and executed, irrespective of the amount in controversy in such suit, and not elsewhere, for his or their use and benefit, against said contractor and his sureties, and to prosecute 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 cominenced 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 claimants 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 intervene 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." [32 Stat. L. 811.] The provision here amended is set out in vol. 6, p. 125. PUBLIC DOCUMENTS. Act of Jan. 20, 1905, ch. 50, 346. Sec. 1. Number and Distribution of Senate Reports on Private Bills, etc., 346. Act of April 6, 1904, ch. 862, 347. Distribution of Congressional Documents, 347. Res. of March 31, 1904, No. 15, 347. Report of Board of Managers of National Home for Disabled Volunteer Soldiers, 347. Res. of April 27, 1904, No. 29, 348. Report of Director of Office of Experiment Stations - Number and Res. of March 29, 1904, No. 14, 348. Bulletins of the Bureau of American Ethnology, 348. Res. of March 3, 1905, No. 33, 348. Report of Bureau of Immigration, 348. Res. of Feb. 24, 1905, No. 21, 348. Sec. 1. Reports of Public Health and Marine-Hospital Service, 348. 2. Report of Surgeon-General, 348. Act of Jan. 30, 1903, ch. 338, 349. Congressional Record-Congressional Allotment Increased Copies to Department of Labor and Civil Service Commission, 349. Act of April 28, 1904, ch. 1791, 349. Distribution of Documents to Department of Commerce and Labor, 349. Res. of Feb. 24, 1904, No. 8, 351. Annual and Special Reports of Librarian of Congress, 351. Res. of March 14, 1904, No. 9, 351. Report on Field Operations of Division of Soils, Department of Res. of March 28, 1904, No. 11, 352. Authorizing the Reprinting of Certain Documents to Be Sold by the Act of March 3, 1903, ch. 1007, 352. Sec. 1. Distribution of Publications of Geological Survey, 352. CROSS-REFERENCES. Monthly Crop Report, see AGRICULTURE, ante, p. 4. Index of Agricultural Literature, see AGRICULTURE, ante, p. 2. |