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THE PUBLIC PROPERTY

(Tit. 44 § 69410. (Act June 29, 1922, c. 249, § 1.) Equipment for Metropolitan Police.

The War Department may, in its discretion, furnish the commissioners, for use of the police, upon requisition, such worn mounted equipment as may be required. (42 Stat. 692.)

From the District of Columbia appropriation act for the year 1923, cited above. The same provision is contained in prior acts.

§ 6941p. (Act June 5, 1920, c. 240.) Sale of matériel, supplies, or equipment of Military Establishment to States or Foreign Governments.

The Secretary of War be, and he is hereby, authorized, in his discretion, to sell to any State or foreign Government with which the United States is at peace at the time of the passage of this Act, upon such terms as he may deem expedient, any matériel, supplies, or equipment pertaining to the Military Establishment, except foodstuffs, as, or may hereafter be found to be surplus, which are not needed for military purposes and for which there is no adequate domestic market. (41 Stat. 949.)

This section is a provision of the Army appropriation act for the fiscal year year 1921, cited above.

§ 6941pp. (Act June 30, 1922, c. 253, title I.) Sale of food stuffs to foreign States or Governments.

The Secretary of War is hereby authorized, in his discretion to sell to any foreign State or Government with which the United States is at peace, upon such terms as he may deem expedient, any foodstuffs now on hand and found to be surplus, which are not needed for military purposes, or which are likely to spoil, and for which there is no adequate domestic market. (42 Stat. 717.)

From the War Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts.

§ 6944. (Act July 28, 1892, c. 316.) Secretary of War may lease public property not required for public use.

Extent of power.-Unless such authority is positively conferred by Congress on the Secretary of War, he cannot sell or transfer to a city or individual land belonging to the government. U. S. v. Forbes (D. C. Ala.) 259 F. 585.

As part of the consideration for the purchase of certain war material acquired by the Government since April 6, 1917, the Secretary of War is au

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thorized, when in his discretion it will be for the public good, to lease for commercial purposes, for a period not exceeding five years and revocable at any time, caterpillar tractors, dies, and gauges belonging to the United States. under the provisions of this section. 31 Op. Atty. Gen. 457.

Cited without definite application, 30 Op. Atty. Gen. 470.

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TITLE XLV-PUBLIC PRINTING, ADVERTISE

Bec.

MENTS, AND PUBLIC DOCUMENTS

The "Second Deficiency Act, fiscal year 1921," Act June 16, 1921, c. 23, § 4, 42 Stat. 64, contains the following provision:

"In order to keep the expenditures within or under the appropriations for the fiscal year 1922 for printing and binding, the heads of the various executive departments and Government establishments are hereby authorized to discontinue the printing of any annual or special reports under their respective jurisdiction: Provided, That where the printing of said reports is discontinued, the original copy thereof shall be kept on file in the offices of the heads of the respective departments or Government establishments for public inspection."

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Sec.

7135a. Bulletins of Surgeon General of Army for instruction of medical officers.

7159. Printing, etc., for Congress and Departments.

7169a. Annual reports of executive officers; type.

7172a. Printing for Supreme Court of
United States.

7173. Restrictions on printing.
7173aa. Restrictions on printing by
branches or officers of Gov-
ernment service; Weather
Bureau.

7173aaa. Use by executive departments,
independent offices, or es-
tablishments of appropria-
tions for printing of jour-
nals, magazines, periodicals,
etc.; number printed; sale
to public.

7173aaaa. Report of publications issued during preceding fiscal year.

7187a. Machinery material, equipment or supplies from other departments.

§ 6957. (Act Jan. 12, 1895, c. 23, § 3.) Standards of paper; samples; advertisements for proposals.

Construction and operation in general. Under this and the two following sections it was within the power of the Joint Committee on Printing to make a contract for supplying the Government with so much paper as may be required for the public printing and

binding for the period of six months from March 1, 1916, and such contract obligated the contractor to furnish such paper to the limit of the Government's needs during the life of the contract. 30 Op. Atty. Gen. 541.

§ 6958. (Act Jan. 12, 1895, c. 23, § 4.) Specifications in advertise

ments.

Power to contract.-Under this and the preceding and following sections, it was within the power of the Joint Committee on Printing to make a contract for supplying the Government with so much paper as may be required for the public printing and binding for

the period of six months from March 1, 1916, and such contract obligated the contractor to furnish such paper to the limit of the Government's needs during the life of the contract. 30 Op. Atty. Gen. 541.

§ 6959. (Act Jan. 12, 1895, c. 23, § 5.) Opening bids; accompanying bonds.

Power to contract.-See 30 Op. Atty.

Gen. 541.

2 SUPP. U.S.COMP. '23–136

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§ 6963. (Act Jan. 12, 1895, c. 23, § 9.) Default of contractor; new contracts and purchase in open market during interval.

Cited without definite application,

30 Op. Atty. Gen. 541.

§ 6964. (Act Jan. 12, 1895, c. 23, § 10.) Liability of defaulting contractor; suit on bond.

Cited without definite application,

30 Op. Atty. Gen. 541.

§ 6965. (Act Jan. `12, 1895, c. 23, § 11.) Purchase of paper in open

market.

Cited without definite application, 30 Op. Atty. Gen. 541.

§ 6977. (Act Jan. 12, 1895, c. 23, § 22.)

Annual report to Congress

of cost of printing, paper, contracts, payments, etc.

Cited without definite application,

32 Op. Atty. Gen. 318.

§ 6983. (Act May 27, 1908, c. 200, § 1.) Public Printer; other officers, clerks, etc., in Government Printing Office.

The Legislative appropriation act for the year 1923, Act March 20, 1922, c. 103, 42 Stat. 434, contains the following appropriations: "Office of Public Printer. Salaries: Public Printer, $6,000; Deputy Public Printer, $4,500; purchasing agent, $3,600; chief clerk, $2,750; assistant purchasing agent, $2,500; cashier and paymaster, $2,500; clerk in charge of Congressional Record at Capitol, $3,000; private secretary, $2,500; paying teller, $2,000," etc.

"Office of Superintendent of Documents. Superintendent, $3,500; Assistant Superintendent, $2,500," etc.

§ 7000b. (Act Aug. 2, 1919, c. 30.) Compensation of certain operatives.

On and after the passage of this Act the pay of all printers, printer linotype operators, printer monotype keyboard operators, makers-up, copy editors, proof readers, bookbinders, bookbinder-machine operators, and pressmen employed in the Government Printing Office shall be at the rate of 75 cents per hour for the time actually employed. (41 Stat. 272.)

This section is an act entitled "An act increasing the pay of printers and pressmen employed in the Government Printing office, and for other purposes," cited above.

§ 7086a. (Act March 4, 1921, c. 161, § 1.) Illustrations accompanying bound copies of memorial addresses.

The illustrations to accompany bound copies of memorial addresses delivered in Congress shall be made at the Bureau of Engraving and Printing and paid for out of the appropriation for that bureau, or, in the discretion of the Joint Committee on Printing, shall hereafter be obtained elsewhere by the Public Printer and charged to the allotment for printing and binding for Congress. (41 Stat. 1431.)

From the sundry civil appropriation act for the year 1922, cited above. The same provision is contained in prior acts.

7093. (69-77). (Act Jan. 12, 1895, c. 23, § 73, as amended, Act Feb. 18, 1922, c. 58, § 4.) Patent Office printing.

3. Official Gazette

The Official Gazette of the United States Patent Office in numbers sufficient to supply all who shall subscribe therefor at $5 per annum; also for exchange for other scientific publications desirable for the use of the Patent Office; also to supply one copy to each Senator, Representative, and Delegate in Congress; also to

supply one copy to eight such public libraries having over one thousand volumes, exclusive of Government publications, as shall be designated by each Senator, Representative, and Delegate in Congress, with one hundred additional copies, together with weekly, monthly, and annual indexes for all the same; of the Official Gazette the "usual number" shall not be printed. (28 Stat. 619. 42 Stat. 391.)

This paragraph was amended by Act Feb. 18, 1922, c. 58, § 4, 42 Stat. 391, cited above, by striking out, after the words "together with," the words "bimonthly and annual indexes," and inserting in lieu thereof the words "weekly, monthly, and annual indexes."

§ 7126a. (Res. April 10, 1912, No. 14.) Exchange of Congressional Record for Parliamentary Hansard.

That the Librarian of Congress is hereby authorized to furnish a copy of the daily and bound Congressional Record to the Under Secretary of State for External Affairs of Canada in exchange for a copy of the Parliamentary Hansard, and that the Public Printer is hereby directed to honor the requisition of the Librarian of Congress for such copy. The Parliamentary Hansard so received shall be the property of the Department of State. (37 Stat. 632.)

This section is a resolution entitled a "Joint Resolution authorizing the Librarian of Congress to furnish a copy of the daily and bound Congressional Record to the Under Secretary of State for External Affairs of Canada in exchange for a copy of the Parliamentary Hansard," cited above.

§ 7135a. (Act June 30, 1922, c. 253, title I.) Bulletins of Surgeon General of Army for instruction of medical officers.

The sum of $3,000, or so much thereof as may be necessary, may be used for the publication, from time to time, of bulletins prepared under the direction of the Surgeon General of the Army, for the instruction of medical officers, when approved by the Secretary of War. * * (42 Stat. 717.)

From the War Department appropriation act for the year 1923, cited above. The same provision is contained in prior acts.

§ 7159. (Act Jan. 12, 1895, c. 23, § 87.) Printing, etc., for Congress and departments.

Effect of appropriation for expenses. -Where there was an appropriation for all necessary expenses connected with the sale of Liberty bonds, to be expended in the discretion of the Secretary of the Treasury, the latter was not required by section 3786, Revised Statutes, to have all printing and litho

graphing done at the Government Printing Office. American Lithographic Co. v. U. S., 57 Ct. Cl. 340.

Implied warranty by contractor for public printing of accuracy of matter printed. See American Lithographic Co. v. U. S., 57 Ct. Cl. 340.

§ 7169a. (Act Jan. 12, 1895, c. 23, § 91.) Annual reports of executive officers; type.

The annual reports of executive officers shall be printed in the same type and form as the report of the head of the Department which it accompanies, unless otherwise ordered by the Joint Committee on Printing. (28 Stat. 623.)

This section is section 91 of an act entitled "An act providing for the public printing and binding and the distribution of public documents," cited above. § 7172a. (Act June 1, 1922, c. 204, title II.) Printing for Supreme Court of United States.

For printing and binding for the Supreme Court of the United States, * * and the printing for the Supreme Court shall be done by the printer it may employ, unless it shall otherwise order. (42 Stat. 614.)

From the State, Justice and Judiciary appropriation act for the year 1923, cited above.

PUBLIC PRINTING

(Tit. 45

§ 7173. (Act Jan. 12, 1895, c. 23, § 94.) Restrictions on printing. The Legislative appropriation act for the year 1923, Act March 20, 1922, c. 103, 42 Stat. 435, contains the following provisions:

"Public Printing and Binding.

"To provide the Public Printer with a working capital for the following purposes for the execution of printing, binding, lithographing, mapping, engraving, and other authorized work of the Government Printing Office for the various branches of the Government: For salaries, compensation, or wages of all necessary employees additional to those herein specifically appropriated for (including the compensation of the foremen of binding, the foremen of printing, and the foreman of press work, at $3,000 each); to enable the Public Printer to comply with the provisions of law granting holidays and the Executive order granting half holidays with pay to employees; to enable the Public Printer to comply with the provisions of law granting thirty days' annual leave to employees with pay; rents, fuel, gas, electric current, gas and electric fixtures; bicycles, electrical vehicles for the carriage of printing and printing supplies, and the maintenance, repair, and operation of the same, to be used only for official purposes, including the maintenance, operation, and repair of motorpropelled passenger-carrying vehicles for official use of the officers of the Government Printing Office when in writing ordered by the Public Printer (not exceeding $1,500); freight, expressage, telegraph and telephone service; furniture, typewriters, and carpets; traveling expenses; stationery, postage, and advertising; directories, technical books, and books of reference (not exceeding $500); adding and numbering machines, time stamps, and other machines of similar character; machinery (not exceeding $200,000); equipment, and for repairs to machinery, implements, and buildings, and for minor alterations to buildings; necessary equipment, maintenance, and supplies for the emergency room for the use of all employees in the Government Printing Office who may be taken suddenly ill or receive injury while on duty; other necessary contingent and miscellaneous items authorized by the Public Printer; and for all the necessary paper, materials, and equipment needed in the prosecution and delivery and mailing of the work, $2,000,000, to which shall be charged the printing and binding authorized to be done for Congress in an amount not exceeding this sum, and the Public Printer is hereby authorized to furnish upon requisition of the Secretary of the Senate, such printing and binding as may be necessary for the official use of the Architect of the Capitol, to cost not exceeding $250.

"Printing and binding for Congress chargeable to the foregoing appropriation, when recommended to be done by the Committee on Printing of either House, shall be so recommended in a report containing an approximate estimate of the cost thereof, together with a statement from the Public Printer of estimated approximate cost of work previously ordered by Congress within the fiscal year for which his appropriation is made.

"During the fiscal year 1923 any executive department or independent establishment of the Government ordering printing and binding from the Government Printing Office shall pay promptly by check to the Public Printer upon his written request, either in advance or upon completion of the work, all or part of the estimated or actual cost thereof, as the case may be, and bills rendered by the Public Printer in accordance herewith shall not be subject to audit or certification in advance of payment: Provided, That proper adjustments on the basis of the actual cost of delivered work paid for in advance shall be made monthly or quarterly and as may be agreed upon by the Public Printer and the department or establishment concerned. the Public Printer for work that he is authorized by law to do shall be deAll sums paid to posited to the credit, on the books of the Treasury Department, of the appropriation made for the working capital of the Government Printing Office, for the year in which the work is done, and be subject to requisition by the Public Printer.

"All amounts in the Budget for the fiscal year 1924 for printing and binding for any department or establishment, so far as the Bureau of the Budget may deem practicable, shall be incorporated in a single item for printing and binding for such department or establishment and be eliminated as a part of any estimate for any other purpose. are included as a part of any estimates for any other purposes, such amounts And if any amounts for printing and binding shall be set forth in detail in a note immediately following the general estimate for printing and binding: Provided, That the foregoing requirement shall not apply to work to be executed at the Bureau of Engraving and Printing.

"No part of any money appropriated in this Act shall be paid to any person employed in the Government Printing Office while detailed for or performing service in any other executive branch of the public service of the United States unless such detail be authorized by law.

"In order to keep the expenditures for printing and binding for the fiscal year

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