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1176a. Extra pay for overseer of waterworks.-From the foregoing appropriations for waterworks, or from any appropriation that may hereafter be made for waterworks, a sum not to exceed seventy-five cents per day may be paid as extra-duty pay to the overseer, when such overseer is a soldier detailed for that duty. Act of Mar. 2, 1901 (31 Stat. 920).

1176b. Rank and pay of enlisted man at headquarters, Corps of Cadets. The enlisted man in the headquarters, United States Corps of Cadets, performing that duty has the rank, pay, and allowance of that grade (battalion sergeant major, Infantry). Act of Aug. 11, 1916 (39 Stat. 496).

(Similar provision in act of May 29, 1917, 40 Stat. 93.)

1178a. Subscriptions for newspapers and periodicals for.—Section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign, professional, and other newspapers and periodicals, to be paid for from any of the foregoing appropriations. Act of Mar. 4, 1915 (38 Stat. 1136).

1178b. Wharfage dues to be charged.—The Secretary of War is authorized to have collected from vessels using the wharf and ferry slip at West Point, New York, such wharfage dues as he may deem just, reasonable, and necessary, the same to be paid at the time of landing to the post quartermaster or his authorized agent. Act of Mar. 4, 1915 (38 Stat. 1137).

1179a. Settlement of accounts between other bureaus of War Department, etc., and the Military Academy.Hereafter in settling transactions between appropriations for the support of the United States Military Academy and other bureaus of the War Department, or between the United States Military Academy and any other executive department of the Government, payment therefor shall be made by the disbursing officer of the United States Military Academy or of the office, bureau, or department concerned. Act of Aug. 11, 1916 (39 Stat. 504).

1183a. Translator for the Army service schools.-Not exceeding $100 per month may be used for the payment of one translator, to be appointed by the commandant of the Army service schools, with the approval of the Secretary of War. Act of Aug. 29, 1916 (39 Stat. 6.20).

(The act of May 12, 1917 (40 Stat. 41), contains a provision identical with above.)

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1 The provisions relative to the United States service schools, which precede the authorization for a translator at the Army service schools, are the same as those contained in paragraph 1183, ante.

1183b. Assignment of second lieutenants in Field Artillery to batteries at School of Fire for Field Artillery for practical instructions.-Officers in the grade of second lieutenant in the Field Artillery may be assigned, for the period of one year, to batteries stationed at the School of Fire for Field Artillery at Fort Sill, Oklahoma, for the purpose of pursuing courses of practical instruction in field artillery: 1d. 621.

(The act of May 12, 1917 (40 Stat. 41), contains a provision identical with above.)

CHAPTER XXIX.

CONTRACTS AND PURCHASES.

Par.

Par. Purchase of ordnance and ord

Contracts entered into by Medinance stores in excess of ap

cal Department, certain to be propriations and obligations

reduced to writing, etc.-- 1211c authorized by law, limitation Contracts, extension of time for on.

1190a filing in Returns Office ----- 1211d Purchase of supplies and procure

Eight-hour law-Suspension of inent of services outside Dis

in time of national emergency- 1223a trict of Columbia in open mar

Same-Rate of pay for overtime. 12231 ket, limitation on.----

1196a American manufacture, preferSelection of types and purchase

ence to be given to in purchase of motor ambulances without

of material for Ordnance Deadvertising1198a partment

1234a Contracts entered into by Quar

Contracts for printing.

1236a termaster Corps, certain to be

Same.

1236b reduced to writing, etc.-

1211a Contracts for publication of OfContracts entered into by Signal

ficial Postal Guide

12360 Corps, certain to be reduced

Accused persons may testify- 123a to writing, etc.---

1211b 1190a. Purchase of ordnance and ordnance stores in excess of appropriations and obligations authorized by law, limitation on. The Secretary of War is authorized, during the present emergency and in addition to the appropriations and obligations specifically authorized by law, to incur obligations for ordnance and ordnance supplies and materials: Provided, That the aggregate amount of such obligations outstanding at any one time shall not exceed the sum of $100,000,000. Act of Oct. 6, 1917 (40 Stat. 366).

1196a. Purchase of supplies and procurement of services outside District of Columbia in open market, limitation.—Hereafter the purchase of supplies or the procurement of services outside the District of Columbia may be made in open market in the manner common among business men when the aggregate amount of the purchase does not exceed $50. Act of June 12, 1911 (40 Stat. 1.44).

1198a. Selection of types and purchase of motor ambulances without advertising.–The Secretary of War may in his discretion select types and makes of motor ambulances for the Army and authorize their purchase without regard to the laws prescribing advertisement for proposals for supplies and material for the Army. Act of Aug. 29, 1916 (39 Stat. 639).

(The Army appropriation act of May 12, 1917, and the urgent deficiencies act of October 6, 1917 (40 Stat. 60, 361), contain similar provisions.)

* This provision is in connection with appropriation for the United States Geological Survey and probably only applies to that service.

1211a. Contracts entered into by Quartermaster Corps, certain to be reduced to writing, etc.--Hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Quartermaster General, or by officers of the Quartermaster Corps authorized to make them, and are in excess of $500 in amount, such contracts shall be reduced to writing and signed by the contracting parties. In all other cases contracts shall be entered into under such regulations as may be prescribed by the Quartermaster General. Act of Mar. 4, 1915 (38 Stat. 1078).

1211b. Contracts entered into by Signal Corps, certain to be reduced to writing, etc.-Hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Chief Signal Officer, or by officers of the Signal Corps authorized to make them, and are in excess of $500 in amount, such contracts shall be reduced to writing and signed by the contracting parties. In all other cases contracts shall be entered into under such regulations as may be prescribed by the Chief Signal Officer. Act of Aug. 29, 1916 (39 Stat. 622).

1211c. Contracts entered into by Medical Department, certain to be reduced to writing, etc.--Hereafter, whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Surgeon General or by officers of the Medical Department authorized to make them, and are in excess of $500 in amount, such contracts shall be reduced to writing and signed by the contracting parties, but in all other cases contracts shall be prepared under such regulations as may be prescribed by the Surgeon General. Id. 639.

1211d. Contracts, extension of time for filing in the returns office.-Section thirty-seven hundred and forty-four, Revised Statutes, is hereby amended by adding the following at the end of the last sentence:Provided, That the Secretary of War or the Secretary of the Navy may extend the time for filing such contracts in the returns office of the Department of the Interior to ninety days whenever in their opinion it would be to the interest of the United States to follow such a course.” Act of June 15, 1917 (40 Stat. 198),

" amending Section 3744, R. S.

1223a. Eight-hour law-Suspension of in time of national emergency.-In case of national emergency the President is authorized to suspend provisions of law prohibiting more than eight hours labor in any one day of persons engaged upon work covered by contracts with the United States. Act of Mar. 4, 1919 (39 Stat. 1192).

1223b. Same-Rate of pay for overtime.—The wages of persons employed upon such contracts shall be computed on a basic day rate of eight hours' work, with overtime rates to be paid for at not

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less than time and one-half for all hours work in excess of eight hours. Id.

1234a. American manufacture, preference to be given to in purchase of material for Ordnance Department.-All material purchased under the appropriations in this act for the Ordnance Department of the United States Army sh:ill be of American manufacture, except in cases when, in the judgment of the Secretary of War, it is to the manifest interest of the United States to make purchases abroad, which material shall be admitted free of duty. Act of Oct. 6, 1917 (40 Stat. 367).

1236a. Contracts for printing.–No part of the appropriations for the Quartermaster Corps shall be expended on printing unless the same shall be done at the Government Printing Office, or by contract after due notice and competition, except in such cases as the emergency will not admit of the giving notice of competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done, with the approval of the Secretary of War, by the purchase of material and hire of the necessary labor for the purpose. Act of Mar 4, 1915 (38 Stat. 1073).

1236b. Same.-No part of the appropriations for the Quartermaster Corps shall be expended on printing unless the same shall be done at the Government Printing Office, or by contract after due notice and competition, except in such cases as the emergency will not admit of the giving notice of competition, and in cases where it is impracticable to have the necessary printing done by contract the same may be done with the approval of the Secretary of War, by the purchase of material and hire of the necessary labor for the purpose. Act. of Aug. 29, 1916 (39 Stat. 631).

(The acts of May 12 and Oct. 6, 1917 (40 Stat. 51, 359), contain provisions identical with above.)

* The question was presented whether the Government was authorized to pay mechanics employed under lump-sum appropriations extra compensation for overtime work in excess of eight hours a day, such overtime work being authorized in emergencies.

Held, that as there is no law governing the rates of pay of mechanics employed directly by the Government who are paid lump-sum appropriations, but the terms of their employment are fixed by agreement between the parties, it is discretionary with the department to allow, by agreement with such employees, extra pay for overtime work in excess of eight hours; and recommended, in view of the prevailing practice in the commercial and industrial world of allowing mechanics and laborers extra pay for overtime in excess of a basic eight-hour day, and of the action of Congress in requiring adherence to this practice as to persons employed on contracts with the United States (act of Mar. 4, 1917, 39 Stat., 1192), that mechanics and laborers employed directly by the Government be placed upon equal terms of employment in this respect. (War Dept. Bull. 67, Nov. 30, 1917.)

Contracts for clothing may not contain a provision permitting more than eight hours' work per day for eight hours' pay, even though the week's work be limited to 48 hours. Under the Executive order of March 24, 1917, more than eight hours' work per day is permitted, provided that full pay be given for eight hours, and pay at the rate of time and one-half for overtime. (10.)

*For similar provision see act of April 27, 1914 (38 Stat. 362).

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