202. At military posts and stations.-When practicable, horses shall be purchased in open market at all military posts and stations, when needed, at a maximum price to be fixed by the Secretary of War.-Annual appropriation act.

203. Number of draft animals limited. The number of draft animals purchased from this appropriation, added to those now on hand, shall be limited to such numbers as are actually required for the service.-Act of July 5, 1884 (23 Stat., 109); act of Mar. 2, 1901 (31 Stat., 907). (See annual appropriation acts.)

204. Draft and pack animals.-For the purchase and hire of draft and pack animals in such numbers as are actually required for the service.-Act of Aug. 29, 1916 (39 Stat., 634). (See annual appropriation acts.)

205. Appropriation for Cavalry, Artillery, and Engineer horses.--Horses for Cavalry, Artillery, Engineers, and so forth: For the purchase of horses of ages, sex, and size as may be prescribed by the Secretary of War, for remounts, for officers entitled to public mounts, for the Cavalry, Artillery, Signal Corps, and Engineers, the United States Military Academy, service schools, and staff colleges, and for the Indian scouts, and for such Infantry and members of the Hospital Corps in field campaigns as may be required to be mounted, and the expenses incident thereto, and for the hire of employees: Provided, That the number of horses purchased under this appropriation, added to the number now on hand, shall be limited to the actual needs of the mounted service, including reasonable provisions for remounts, and, unless otherwise ordered by the Secretary of War, no part of this appropriation shall be paid out for horses not purchased by contract after competition duly invited by the Quartermaster Corps and an inspection under the direction and authority of the Secretary of War. When practicable horses shall be purchased in open market at all military posts or stations, when needed, at a maximum price to be fixed by the Secretary of War: Provided further, That no part of this appropriation shall be expended for the purchase of any horses below the standard set by Army Regulations for Cavalry and Artillery horses, except when purchased as remounts or for instruction of cadets at the United States Military Academy: Provided, That no part of this appropriation shall be expended for polo ponies, except for the West Point Military Academy, and such ponies shall not be used at any other place.-Annual appropriation acts.

206. Purchase of owned horses.--Hereafter when a mounted officer is ordered to duty beyond the seas or to make a change of station in the United States in which the cost of transportation for his authorized number of owned horses exceeds the sum at the time allowed for that purpose in the Army Regulations, the Secretary of War is authorized, under such regulations in respect to inspection and valuation as he may prescribe, in his discretion, to permit the purchase of said horses by the Quartermaster Department, at a price not exceeding the average contract price paid for horses during the preceding fiscal year, the exact price to be fixed by a board of officers.-Act of Mar. 23, 1910 (36 Stats., 254).

207. Field Artillery, Organized Militia.-The funds appropriated by section sixteen hundred and sixty-one, Revised Statutes, and by the act entitled “An act to promote the efficiency of the militia, and for other purposes," approved May twenty-seventh, nineteen hundred and eight, as amended, shall be available for the purchase, under such regulations as the Secretary of War may prescribe

of horses conforming to the Regular Army standards, said horses to remain the property of the United States and to be for the sole continuous use of the Field Artillery of the Organized Militia.-Act of Mar. 4, 1915 (38 Stat., 1071).

208. Same-Condemned Army horses to be issued to.-The Secretary of War may, under the provisions of this act and such regulations as he may prescribe, issue to the Field Artillery organizations hereinbefore mentioned and without cost to the State, condemned Army horses which are no longer fit for service but may still be suitable for purposes of instruction, the same to be sold as now provided by law when the latter purpose has been served.-Ibid.

209. Issue of public animals to National Guard; allowance of pack mules.The Secretary of War is hereby authorized to transfer to those organizations of the National Guard entitled thereto such number of horses and pack mules purchased by the Quartermaster Corps of the Army under the provisions of the act of July first, nineteen hundred and sixteen, not required for the proper equipment of organizations of the Regular Army, that can be issued to National Guard organizations under the regulations prescribed by the Secretary of War, all expenses incident to such transfer to be met from appropriations made for and on behalf of the National Guard; pack mules so transferred may be issued not to exceed six to any one radio company, machine-gun troop or company, or four to any one ambulance company, under such regulations as the Secretary of War may prescribe.-Act of May 12, 1917 (40 Stat., 65).

OFFICERS NOT TO BE INTERESTED IN PURCHASE OR SALE.

210. Of rations, tobacco, or articles purchased for sales.-No officer belonging to the Subsistence Department or doing the duty of a subsistence officer shall be concerned, directly or indirectly, in the purchase or sale of any article entering into the composition of the ration allowed to troops in the service of the United States, or of any article designated by the inspectors general of the Army and furnished for sale to officers and enlisted men at cost prices, or of tobacco furnished for sale to enlisted men, except on account of the United States, nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office other than that which may be allowed by law.-Sec. 1150, R. 8.

211. Quartermasters and assistant quartermasters.-No officer belonging to the Quartermaster's Department, or doing the duty of a quartermaster or assistant quartermaster shall be concerned, directly or indirectly in the purchase or sale of any article intended for or appertaining to said department of service, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office other than that which may be allowed by law.-Sec. 1138, R. S.

OPENING OF BIDS-BIDDERS' BONDS.

212. Rules and regulations to be prescribed by Secretary of War.-The Secretary of War is hereby authorized to prescribe rules and regulations to be observed in the preparation and submission and opening of bids for contracts under the War Department.-Act of Apr. 10, 1878 (20 Stat., 36), as amended by act of Mar. 3, 1883 (22 Stat., 487).

213. Bidders' bonds; failure to fulfill contract. He may require every bid to be accompanied by a written guaranty, signed by one or more responsible persons, to the effect that he or they undertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of War or the officer authorized to make a contract in the premises, give bond with good and sufficient sureties to furnish the supplies proposed or to perform the service required. If after the acceptance of a bid and a notification thereof to the bidder he fails within the time prescribed by the Secretary of War or other duly authorized oflicer to enter into a contract and furnish a bond with good and sufficient security for the proper fulfillment of its terms, the Secre tary or other authorized officer shall proceed to contract with some other person to furnish the supplies or perform the service required, and shall forthwith cause the difference between the amount specified by the bidder in default in the proposal and the amount for which he may have contracted with another party to furnish the supplies or perform the service for the whole period of the proposal to be charged up against the bidder and his guarantor or guarantors, and the sum may be immediately recovered by the United States for the use of the War Department in an action of debt against either or all of such persons.-Ibid.

214. Bidders to be notified of time and place.-Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening of bids and be permitted to be present either in person or by attorney, and a record of each bid shall then and there be made.--Sec. 3710, R. S.

Contra

PREPARATION AND EXECUTION OF CONTRACTS.

215. Contracts to be in writing; copy to be filed.-It shall be the duty of the Secretary of War * * to cause and require every contract made on behalf of the Government, or by officers under them appointed to make such contracts, to be reduced to writing and signed by the contracting parties with their names at the end thereof, a copy of which shall be filed by the officer making and signing the contract in the Returns Office of the Department of the Inte rior, as soon after the contract is made possible, and within thirty days, together with all bids, offers, and proposals to him made by persons to obtain the same, and with a copy of any advertisement he may have published inviting bids, offers, or proposals for the same. All the copies and papers in relation to each contract shall be attached together by a ribbon and seal and marked by numbers in regular order, according to the number of papers composing the whole return.-Sec. 3744, R. S.

216. Oath to contract.-It shall be the further duty of the officer before making his return according to the preceding section to affix to the same his affidavit in the following form, sworn to before some magistrate having authority to administer oaths: "I do solemnly swear (or affirm) that the copy of contract hereto annexed is an exact copy of a contract made by me personally with ; that I made the same fairly, without any benefit or advantage to myself or allowing any such benefit or advantage corruptly to the said or any other person; and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided."-Sec. 8745, R. S.

217. Penalty for failure to make return.-Every officer who makes any contract, and fails or neglects to make return of the same, according to the provi

sions of the two preceding sections, unless from unavoidable accident or causes not within his control, shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned not more than six months.-Sec. 3746, R. S.

218. Printed instructions, blank forms, etc., to be furnished.-It shall be the duty of the Secretary of War, of the Secretary of the Navy, and of the Secretary of the Interior to furnish every officer appointed by them with authority to make contracts on behalf of the Government with a printed letter of instructions, setting forth the duties of such officer under the two preceding sections, and also to furnish therewith forms, printed in blank, of contracts to be made and the affidavit of returns required to be affixed thereto, so that all the instruments may be as nearly uniform as possible.-Sec. 3747, R. S.

219. Advances of money to be deposited.-All contracts to be made, by virtue of any law and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts: Provided, That this section shall not apply to the existing laws in regard to the contingent funds of Congress.-Sec. 3743, R. S., as amended by act of Feb. 27, 1877 (19 Stat., 249), and sec. 18, act of July 31, 1894 (28 Stat., 210).

CORRESPONDENCE-OFFICIAL.

220. To be free of postage.-It shall be lawful to transmit through the mail, free of postage, any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or package to entitle it to pass free shall bear over the words “Official business" an indorsement showing also the name of the department, and, if from a bureau or office, the names of the department and bureau or office, as the case may be, whence transmitted.-Sec. 5, act of Mar. 3, 1877 (19 Stat., 335).

221. Envelopes to be contracted for by Postmaster General.-The Postmaster General shall contract for all envelopes, stamped or otherwise, designed for sale to the public or for use by his own or other departments, and may contract for them to be plain or with such printed matter as may be prescribed by the department making requisition therefor: Provided, That no envelope furnished by the Government shall contain any business address or advertisement.-Sec. 96, act of Jan. 12, 1895 (28 Stat.. 624).

222. Penalty envelope may be inclosed for reply to official correspondence.— Any department or officer authorized to use the penalty envelopes may inclose them with return address to any person or persons from or through whom official information is desired, the same to be used only to cover such official information and indorsements relating thereto.-Sec. 3, act of July 5, 1884 (23 Stat., 158).

223. May be registered free; part-paid letters, etc., free.-Any letter or packet to be registered by either of the executive departments or bureaus thereof, or by the Agricultural Department or by the Public Printer, may be registered without the payment of any registry fee; and any part-paid letter or packet addressed to either of said departments or bureaus may be delivered free; but where there is good reason to believe the omission to prepay the full postage thereon was intentional such letter or packet shall be returned to the sender.-Ibid.

FLAG OF THE UNITED STATES.

224. Description of.-The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirty-seven stars, white in a blue field.-Sec. 1791, R. S.

225. Addition of a star for every new State.-On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.-Sec. 1792, R. S.

226. Retention of colors by volunteer regiments authorized.-The Secretary of War be, and he is hereby, authorized to permit volunteer regiments, on being mustered out of the service of the United States, to retain all of their regimental colors. Said colors shall be turned over to the State authorities to which said regiments belong, and the regimental quartermaster in making his returns may, in lieu of said colors and in full release therefor, file with the proper officials of the War Department a receipt from the quartermaster general of said State that said colors have been delivered to said State authorities.-Act of Feb. 25, 1899 (30 Stat., 890).

227. Use of in registering trade-marks prohibited.-No mark by which the goods of the owner of the mark may be distinguished from other goods of the same class shall be refused registration as a trade-mark on account of the nature of such mark unless such mark ** * * (b) consists of or comprises the flag or coat of arms or other insignia of the United States, or any simulation thereof, or of any State or municipality, or of any foreign nation.-Act of Feb. 20, 1905 (33 Stat., 725).

228. Punishment for the desceration, mutilation, or improper use of within the District of Columbia.-That hereafter any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag. standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale or to public view, or give away or have in possession for sale or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed; or who, within the District of Columbia, shall publicly mutilate, deface, defile or defy, trample upon or cast contempt, either by word or act, upon any such flag, standard, colors, or ensign, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words "flag, standard, colors, or ensign," as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any sub