the contract, shall be made monthly at the office of the chief commissary of the division on bills approved by him. The insular cold-storage and ice plant shall furnish the insulated lighter necessary to receive, ex-ship Manila Bay, all fresh beef and mutton to be kept in cold storage for the subsistence department: Provided, That the subsistence department shall furnish all labor, checkers, etc., necessary to bring same to the scales or elevator at the outer doors of the cold-storage side of the plant, and to move same from one room to another whenever necessary for the convenience of the subsistence department: And provided further, That the insular cold-storage and ice plant shall furnish the use of its loading and unloading devices, carrying rails, elevator, and scales, as well as the services of the necessary mechanics to operate the same, free of charge to the subsistence department, whenever the devices can be used to facilitate and expedite the movement of stores in and out of cold storage. That the insulated lighters and the steam tug of the insular cold-storage and ice plant shall be used to deliver fresh meat to transports in the harbor of Manila, and to the subsistence depot on the Pasig River: Provided, That all checkers and labor required for such services shall be furnished by the subsistence department, the insular cold-storage and ice plant to deliver the fresh beef, mutton, and other stores at the scales or foot of elevator at the outside door of the cold-storage rooms: And provided further, That the insular cold-storage and ice plant shall not be compelled to make deliveries of ice or to furnish insulated lighters for the transportation of fresh beef or mutton to U. S. transports or other Government vessels in the harbor of Manila when the quantity of ice to be delivered or of beef or mutton to be transported shall be less than one (1) ton. The superintendent of the plant shall give receipts for the fresh meat and stores placed in cold storage, and the unit specified therein shall be the quarter of beef, specifying whether fore or hind quarter, the carcass of the mutton, the box, and the crate. The receipt for boxes and crates will state their gross weight and the name of the stores said "to be contained therein." That in case any beef, mutton, or other stores belonging to the subsistence department shall be lost by perils of the sea or marine disaster within the harbor of Manila while being transported to or from the insular cold-storage and ice plant, the insular government shall not be liable for any loss or damage so sustained by the subsistence department. That in case the building belonging to the insular government, in which the coldstorage space hereby leased is contained, shall be destroyed by fire or earthquake or typhoon or other casualty, or so materially injured by either of said causes that it is impracticable for the insular government to complete this contract, this contract shall thereupon cease and be determined, without liability for damage on the part of either party: Provided, That in the event of an accident to the machinery or other appliances of the insular cold-storage and ice plant, due to any inperfection in said machinery or appliances, or to the carelessness of the employees of the said insular cold-storage and ice plant, which renders it impossible to maintain the temperature of the cold-storage room at a degree of cold low enough to preserve the meat and the other stores belonging to the subsistence department, the insular government shall provide cold storage elsewhere for said supplies or pay to the subsistence department the money value of such of the supplies as may be so damaged as to be unserviceable, the amount to be determined by a military board of survey. That neither this lease nor any interest therein shall be transferred to any other party or parties, and in case of such transfer the Subsistence Department may refuse to carry out this lease either with the transferrer or the transferee, but all rights of action for any breach of this lease by said insular government are reserved to the Subsistence Department. That no member of, or delegate to, Congress, nor any person belonging to or employed in the military service of the United States is, or shall be, admitted to any share or part of this lease or to any benefit which may arise therefrom. That this lease shall be subject to the approval of the commanding general, Division of the Philippines. In witness whereof the undersigned have hereunto placed their hands the date first hereinbefore written. EXHIBIT Ja. INSULAR COLD STORAGE AND ICE PLANT, Statement of the official designation and capacity of the various cold storage rooms constituting the available cold storage space in the insular cold-storage and ice plant with reference to the provisions of an agreement entered into between Col. C. A. Woodruff, assistant commissary-general, for and in behalf of the subsistence department, United States Army, and Hon. Henry C. Ide, secretary of finance and justice, for and in behalf of the insular government of the Philippine Islands, on the 1st of October, 1901. Captain Twenty-fifth Infantry, U. S. Army, Superintendent. Verified and found correct. EDGAR K. Bourne, Chief of Bureau of Architecture. Approved this 26th day of February, 1902, by direction of the acting civil governor. A. W. FERGUSSON, EXHIBIT K.-Certified copy of contract. This agreement entered into at Manila, Philippine Islands, this thirtieth day of June, nineteen hundred and two, between C. F. Humphrey, assistant quartermastergeneral, United States Army, of the first part, and the insular government of the Philippine Islands, of the second part: Witnesseth: That the said C. F. Humphrey, assistant quartermaster-general, United States Army, for and in behalf of the United States of America, and the said insular government of the Philippine Islands covenant and agree to and with each other as follows: I. That the said insular government of the Philippine Islands shall, and by these presents does hereby, demise, let, rent, and lease to the United States of America rooms numbered 1A, 1B, 1C, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in the insular cold-storage and ice plant, Manila, P. I., embracing all the present available cold-storage space in said plant (four hundred and twenty-six thousand three hundred and seventythree cubic feet) to be used by the subsistence department, U. S. Army, for the storage of fresh meats and subsistence supplies, to have and to hold the same from the first day of July, nineteen hundred and two, to the thirtieth day of June, nineteen hundred and three. II. That the said insular government of the Philippine Islands agrees to maintain a temperature of not less than eighteen degrees nor greater than twenty-four degrees Fahrenheit, when required, in all the rooms occupied by the subsistence department and to keep at all times in serviceable condition the loading and unloading devices, carrying rails, elevators, and scales appertaining to said plant and to furnish the use as well as the necessary mechanics to operate the same free of charge to the United States, whenever the devices can be used to facilitate and expedite the movement of store in and out of cold storage. That the said insular government of the Philippine Islands shall furnish the insulated lighters and steam tug of the said insular cold-storage and ice plant to receive ex-ship Manila Bay all fresh beef and mutton to be kept in cold storage for the subsistence department, but the said insular government shall not be required to furnish the labor, checkers, etc., necessary to bring the same to the scales or elevator at the outer doors of the cold-storage side of the plant or to move the same from one room to another whenever necessary for the convenience of the subsistence department. IV. That the insulated lighters and steam tug of the insular cold-storage and ice plant shall be used to deliver fresh meat to transports in the harbor of Manila and to the subsistence depot on the Pasig River, but the said insular government is not to be required to furnish the checkers and labor required for such service; the insular cold-storage and ice plant to deliver the fresh beef, mutton, and other stores at the scales or foot of elevator, at the outside door of the cold-storage rooms: Provided, That the insular cold-storage and ice plant shall not be compelled to make deliveries of or furnish insulated lighters for the transportation of beef or mutton to U. S. transports or other Government vessels in the harbor of Manila when the quantity to be delivered or transported is less than one (1) ton. V. The superintendent of the insular cold-storage and ice plant shall give receipts for the fresh meat and stores placed in cold storage and the unit specified therein shall be the quarter of beef, specifying whether fore or hind quarter, the carcass of mutton, the box and the crate. The receipt for boxes and crates will state their gross weight and the name of the stores "said to be contained therein." VI. The management of the cold-storage rooms aforesaid, the regulation of the temperature and the operation of all the machinery and plant used for producing cold and for transporting meat and other supplies from the river front to the rooms where they are to be stored, and for returning the same to the river front when needed shall be under the control and management of the superintendent of the insular cold-storage and ice plant. VII. That in case any beef, mutton, or other stores belonging to the Subsistence Department shall be lost by perils of the sea or marine disaster within the harbor of Manila while being transported to or from the insular cold-storage and ice plant, the insular government shall not be liable for any loss or damage so sustained by the Subsistence Department. VIII. That in case the building belonging to the insular government, in which the cold-storage space hereby leased is contained, should be destroyed by fire, earthquake, or typhoon, or other casualty, or so materially injured by either of said causes that it becomes impracticable for the said insular government to complete this contract, this contract shall thereupon cease and be determined, without liability for damage on the part of either party: Provided, That in the event of an accident to the machinery or appliances, due to any imperfection in said machinery or appliances, or to the carelessness of the employees of the said insular cold-storage and ice plant, which renders it impossible to maintain the temperature of the cold-storage rooms at a degree of cold low enough to preserve the meat and othertores belonging to the Subsistence Department, the insular government shall provide cold storage elsewhere for said supplies, or pay to the Subsistence Department the money value of such of the said supplies as may be so damaged as to be unserviceable, the amount to be determined by a military board of survey. IX. That for and in consideration of the above covenants and agreements the United States shall pay to the said insular government of the Philippine Islands the sum of three and one-half ($0.034) cents U. S. currency per cubic foot per month for all the cold-storage space by this instrument leased. X. That payments shall be made at the end of each calendar month, or as soon thereafter as practicable, at the office of the disbursing quartermaster at Manila, P. I., in the funds furnished for the purpose by the United States. XI. That neither this lease nor any interest therein shall be transferred to any other party or parties, and in case of such transfer the United States may refuse to carry out this lease either with the transferrer or transferee, but all rights of action for any breach of this lease by the said insular government of the Philippine Islands are reserved to the United States. XII. That no member of or delegate to Congress, nor any person belonging to or employed in the military service of the United States, is, or shall be admitted to any share or part of this lease or to any benefit which may arise therefrom. XIII. That this lease shall be subject to approval of the major-general, U. S. Army, Commanding the division of the Philippines. In witness whereof the undersigned have hereunto placed their hands the date first herein before written. Witnesses: C. F. HUMPHREY, Assistant Quartermaster-General, U. S. Army, Chief Quartermaster. DEPARTMENT OF FINANCE AND JUSTICE, OFFICE OF THE SECRETARY, Manila, P. I., July 31, 1902. I hereby certify that the foregoing is a true and correct copy. HENRY C. IDE, Secretary of Finance and Justice. EXHIBIT L.-Ice contract. This agreement entered into at Manila, Philippine Islands, on this the 30th day of June, 1902, between Colonel C. A. Woodruff, A. C. G., United States Army, for and in behalf of the United States of America, party of the first part, and the insular government of the Philippine Islands, party of the second part, witnesseth: I. That the said party of the second part agrees to furnish as much ice per day as may be required by the subsistence department of the United States Army, Division of the Philippines, not to exceed two-thirds (3) of the capacity of the insular coldstorage and ice plant, owned and operated by the party of the second part at Manila, which ice shall be pure and merchantable and made from distilled water and shall be delivered to the following places: 1st, on the landing platform of the plant; 2d, launches' side at plant's dock; 3d, at railway station, Tondo, Manila; 4th, transport's side, Manila Bay; and the said party of the second part shall deliver to the places above enumerated without additional cost and to such other places within the city limits as may be designated by the said party of the first part. And the said party of the second part also hereby agrees that it will provide the party of the first part ice of the quality aforesaid in excess of two-thirds (3) of the capacity of the plant, if desired, whenever it is practicable for it to do so without impairment of its obligations to other persons entitled to receive ice from the plant. II. The said party of the first part hereby agrees that for each pound of ice so delivered and received by the party of the first part, it will pay one-half of one cent ($0.005) per pound United States currency to the party of the second part, payable monthly at the office of the chief commissary, Division of the Philippines. III. This contract shall continue in force from the first day of July, 1902, to the thirtieth day of June, 1903, inclusive. IV. That neither this contract nor any interest therein shall be transferred to any other party or parties, and in case of such transfer, the party of the first part may refuse to carry out this contract either with the transferrer or the transferee, but all rights of action for any breach of this contract are reserved. V. That no Member of or Delegate to Congress, or any person belonging to or employed in the military service of the United States, is or shall be admitted to any share or part of this contract or to any benefit which may arise therefrom. VI. That this contract shall be subject to the approval of the commanding general, Division of the Philippines. In witness whereof the undersigned have hereunto placed their hands on the day first hereon before written, Henry C. Ide having been authorized to execute this contract by virtue of a resolution of the United States Philippine Commission adopted on the 27th day of June, 1902, reading as follows: "Be it resolved by the United States Philippine Commission, That Henry C. Ide, secretary of finance and justice, be hereby authorized to contract with the United States of America for furnishing ice to the United States of America from the insular coldstorage and ice plant for the period of one year from the first day of July, 1902, to the thirtieth day of June, 1903, inclusive, upon such terms and conditions as shall seem to the said secretary expedient." C. A. WOODRUFF, Colonel, Acting Commissary-General, U. S. Army, For and in Behalf of the United States of America. I hereby certify that the above is a true and correct copy. OFFICE OF CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS, SIR: I am just in receipt of the following telegram from Admiral Kempff, and desire to know, in order that I may answer the telegram, upon what terms you can store the fresh beef and ice mentioned therein: "I respectfully request to be informed if I can stow about 40 tons of fresh beef and 100 tons of ice in Government cold storage early next week. The Glacier will sail about August 1 and the Celtic will not arrive until early September, thus necessitating the cold storage of meat. I have the honor to be, sir, your obedient servant, Capt. L. S. ROUDIEZ, U. S. Army, In Charge Government Cold Storage Plant, Manila, P. I. WM. H. TAFT, Civil Governor. His Excellency Hon. Wм. H. TAFT, OFFICE OF THE GENERAL SUPERINTENDENT, Civil Governor of the Philippine Islands, Manila, P. I. SIR: I have the honor to acknowledge receipt of your letter of July 20, 1901, and replying thereto I would say that the fresh beef can be stored at the cold storage plant at the rate of $2 per ton or fraction thereof. The navy ice can not be stored, but ice manufactured at this plant can be supplied to the Navy at the rate of $10 per ton, delivered at the plant's dock, Pasig River, near the Suspension Bridge. The navy beef can be taken by our insulated lighters ex-ship Cavite. Very respectfully, LEON S. ROUDIEZ, Captain, Twenty-fifth Infantry, U. S. Army, General Superintendent. |