Imágenes de páginas
PDF
EPUB

R. S., 25, modified.

Title 2, Chap. 3.

President may change place of meeting, when.

toward or in favor of the election of any lawfully qualified person as an elector for President or Vice-President, or as a member of the Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprison

ment.

[From Sundry Civil Bill. Sec. 6.]

That section twenty-five of the Revised Statutes prescribing the time for holding elections for Representatives to Congress, is hereby modified so as not to apply to any State that has not yet changed its day of election, and whose constitution must be amended in order to effect a change in the day of the election of State officers in said State. Approved March 3, 1875.

CHANGE OF PLACE OF MEETING.

SEC. 34. Whenever Congress is about to convene, and from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the President, be hazardous to the lives or health of the members to meet at the seat of Government, the President is authorized, by proclamation, to convene Congress at such other place as he may judge proper.

CONGRESSIONAL INVESTIGATIONS.

Sec.

101. Oaths to witnesses, by whom administered. 102. Refusal of witnesses to testify.

Sec.

104. Proceedings against witnesses failing to testify.

103. No privilege to refuse to answer criminating 859. Testimony not to be used in criminal prosequestions. cution.

Title 2, Chap. 7. SEC. 101. The President of the Senate, the Speaker of the House of Oaths to wit Representatives, or a chairman of a Committee of the Whole, or of any nesses, by whom committee of either House of Congress, is empowered to administer oaths to witnesses in any case under their examination.

administered. Refusal of witness to testify.

SEC. 102. Every person who, having been summoned as a witness by the authority of either House of Congress, to give testimony or to produce papers upon any matter under inquiry before either House, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars nor less than one hundred dollars, and imprisonment in a common jail for not less than one month nor more than twelve months.

No privilege to SEC. 103. No witness is privileged to refuse to testify to any fact, refuse to answer or to produce any paper, respecting which he shall be examined by criminating ques- either House of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous. [See § 859.]

tions.

Proceedings SEC. 104. Whenever a witness summoned as mentioned in section one against witnesses hundred and two fails to testify, and the facts are reported to either failing to testify. House, the President of the Senate or the Speaker of the House, as the' case may be, shall certify the fact under the seal of the Senate or House to the district attorney for the District of Columbia, whose duty it shall be to bring the matter before the grand jury for their action.

CONGRESSIONAL DIRECTORY.

SEC. 77. A congressional directory shall be compiled at each session Title 2, Chap. 5. of Congress under the direction of the Joint Committee on Public Printing, and the first edition for each session shall be ready for dis- Directory.

tribution within one week after the commencement thereof.

SEC. 3301. The first edition of the Congressional Directory for each session shall be printed and ready for distribution within one week after the commencement thereof. [See § 77.]

Sec.

CONSULAR OFFICERS.

Sce DIPLOMATIC OFFICERS, also FOREIGN RELATIONS.

CONTINGENT FUND.

193. Annual report of expenditure. 1779. Expenditure for newspapers. 1780. Failure to make report.

Sec.

Congressio n al

Title 45.

3682. Restrictions on contingent appropriations. 3683. Upon purchases from contingent fund.

Title 4.

Annual report

SEC. 193. The head of each Department shall make an annual report to Congress, giving a detailed statement of the manner in which the contingent fund for his Department, and for the Bureaus and offices of expenditure of therein, has been expended, giving the names of every person to whom contingent funds. any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursing officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preceding year expended by them, and shall communicate the results of such returns and the sums total, annually, to Congress.

Title 19.

SEC. 1779. No executive officer, other than the heads of Departments, shall apply more than thirty dollars, annually, out of the Contingent Expenditure for Fund under his control, to pay for newspapers, pamphlets, periodicals newspapers. or other books or prints not necessary for the business of his office.

SEC. 1780. Every officer who neglects or refuses to make any return Failure to make or report which he is required to make at stated times by any act of returns or reCongress or regulation of the Department of the Treasury, other than ports. his accounts, within the time prescribed by such act or regulation, shall

be fined not more than one thousand dollars and not less than one hundred.

SEC. 3632. No moneys appropriated for contingent, incidental or miscellaneous purposes shall be expended or paid for official or clerical compensation.

Title 41.

Restrictions on contingent, &c., appropriations. SEC. 3683. No part of the Contingent Fund appropriated to any De- Upon purchases partment, Bureau, or office, shall be applied to the purchase of any from contingent articles except such as the head of the Department shall deem necessary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured. [See § 192, NEWSPAPERS, &c.]

[blocks in formation]

funds.

3723. Contracts for foreign supplies for the Navy. 3724. Rejection of excessive bids.

3725. Hemp.

3726. Preserved meats, &c.
3727. Flour and bread.

3728. Home manufactures to be preferred.
3729. Bunting.

3730. Relinquishment of reservations on deliveries.
3731. Name of contractor to appear on supplies.
3732. Unauthorized contracts prohibited.

Sec.

3733. No contract to exceed appropriation.

3734. Restrictions on commencement of new build

ings.

3735. Contracts limited to one year. 3736. Restriction on purchases of land. 3737. No transfer of contract.

3738. Eight hours to be a day's work.

3739. Members of Congress not to be interested in contracts.

3740. What interest members of Congress may have.

Title 15, Chap. 7.

Regulations of

supplies.

Title 40.

Sec.

3741. Stipulation that no member of Congress has an interest.

3742. Penalty against officer for making contract
with a member of Congress.

3743. Deposit of contracts.
3744. Contracts to be in writing.
3745. Oath to contract.

3746. Penalty for omitting returns.
3747. Instructions.

5503. Officer of the Government contracting be.
yond specific appropriation.

SEC. 1549. It shall be the duty of the President to make, subject to the provisions of law concerning supplies, such regulations for the purchase, preservation, and disposition of all articles, stores, and supplies for persons in the Navy, as may be necessary for the safe and economical administration of that branch of the public service.

SEC. 3648. No advance of public money shall be made in any case Advances of Whatever. And in all cases of contracts for the performance of any public money on service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previous to such payment.

contracts.

Title 43. Advertisements for proposals.

Opening bids.

Contracts for

*

*

SEC. 3709. All purchases and contracts for supplies or services, in any of the Departments of the Government, except for personal services, shall be made by advertising a sufficient time previously for proposals respecting the same, when the public exigencies do not require the immediate delivery of the articles, or performance of the service. When immediate delivery or performance is required by the public exigency, the articles or service required may be procured by open purchase or contract, at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals.

SEC. 3710. Whenever proposals for supplies have been solicited, the parties responding to such solicitation shall be duly notified of the time and place of opening the 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. 3714. All purchases and contracts for supplies or services for the the military or military and naval service shall be made by or under the direction of naval service, the chief officers of the Departments of War and of the Navy, respecthow controlled. ively. [See §§ 512-515, RETURNS OFFICE.]

Naval supplies SEC. 3718. All provisions, clothing, hemp, and other materials of every to be furnished name and nature, for the use of the Navy, and the transportation thereof, by contract.

[blocks in formation]

when time will permit, shall be furnished by contract, by the lowest bidder, as follows: In the case of provisions, clothing, hemp, and other materials, the Secretary of the Navy shall advertise, once a week, for at least four weeks, in one or more of the principal papers published in the place where such articles are to be furnished, for sealed proposals for furnishing the same, or the whole of any particular class thereof, specifying the classes of materials and referring bidders to the several chiefs of Bureaus, who will furnish them with printed schedules, giving a full description of each and every article, with dates of delivery, and so forth. In the case of transportation of such articles, he shall advertise for a period of not less than five days. All such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened by or under the direction of the officer making such advertisement, in the presence of at least two persons. The person offering to furnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for furnishing the same.

SEC. 3719. Every proposal for naval supplies invited by the Secretary of the Navy, under the preceding section, shall be accompanied by a written guarantee, 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 the Navy, give bond, with good and sufficient sureties, to furnish the supplies proposed; and no proposal shall be considered, unless accompanied by such guarantee. If, after the acceptance of a proposal, and a notification

thereof to the bidder, he fails to give such bond within the time prescribed by the Secretary of the Navy, the Secretary shall proceed to contract with some other person for furnishing the supplies; and shall forth with cause the difference between the amount contained in the proposal so guaranteed and the amount for which he may have contracted for furnishing the supplies, for the whole period of the proposal, to be charged up against the bidder and his guarantor; and the same may be immediately recovered by the United States, for the use of the Navy Department, in an action of debt against either or all of such persons.

SEC. 3720. All such proposals for naval supplies shall be preserved Record of bid and recorded, and reported by the Secretary of the Navy to Congress at and report to Conthe commencement of every regular session. The report shall contain gress. a schedule embracing the offers by classes, indicating such as have been accepted. In case of a failure to supply the articles or to perform the work by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States.

ments.

SEC. 3721. The provisions which require that supplies shall be pur- Purchases withchased by the Secretary of the Navy from the lowest bidder, after ad- out advertisevertisement, shall not apply to ordnance, gunpowder, or medicines, or the supplies which it may be necessary to purchase out of the United Ordnance, gunStates for vessels on foreign stations, or bunting delivered for the use powder, mediof the Navy, or tobacco, or butter or cheese destined for the use of the cines, tobacco, butter, cheese, Navy, or things contraband of war. Contracts for butter and cheese contraband o f for the use of the Navy may be made for periods longer than one year, war. if, in the opinion of the Secretary of the Navy, economy and the quality of the ration will be promoted thereby. The Secretary of the Navy may enter into contracts for tobacco, from time to time, as the service requires, for a period not exceeding four years; and in making such contracts he shall not be restricted to the lowest bidder, unless, in his opinion, ecouomy and the best interests of the service will be thereby promoted.

What bids may

be rejected.

SEC. 3722. The chief of any Bureau of the Navy Department, in contracting for naval supplies, shall be at liberty to reject the offer of any person who, as principal or surety, has been a defaulter in any previous contract with the Navy Department. Parties who have made default as principals or sureties in any former contract shall not be received as sureties on other contracts; nor shall the copartners of any firm be received as sureties for such firm or for each other; nor, in contracts with the same Bureau, shall one contractor be received as surety for another. Every contract shall require the delivery of a specified quantity, and no bids having nominal or fictitious prices shall be considered. If more than one bid be offered by any one party, by or in the name of his or their clerk, partner, or other person, all such bids may be rejected; and no person shall be received as a contractor who is not a manufacturer of, or regular dealer in, the articles which he offers to supply. All persons Opening bids. offering bids shall have the right to be present when the bids are opened and inspect the same.

Contracts

for

SEC. 3723. No chief of a Bureau shall make any contract for supplies foreign supplies for the Navy, to be executed in a foreign country, except it be on first for the Navy. advertising for at least thirty days in two daily newspapers of the city of New York, inviting sealed bids for furnishing the supplies desired; which bids shall be opened in the presence of the Secretary of the Navy and the heads of two Bureaus; and contracts shall in all cases be awarded to the lowest bidder; and paymasters for the Navy on foreign stations shall render, when practicable, with their accounts, an official certificate from the resident consul, or commercial or consular agent of the United States, if there be one, to be furnished gratuitously, vouching that all purchases and expenditures made by the paymasters were inade at the ruling market-prices of the place at the time of purchase or expenditure.

SEC. 3724. Where articles are advertised and bid for in classes, and Rejection of ex. in the judgment of the Secretary of the Navy any one or more articles cessive bids. appear to be bid for at excessive or unreasonable prices, exceeding ten per centum above their fair market-value, he shall be authorized to reject such bid.

SEC. 3725. All hemp, or preparations of hemp, used for naval purposes by the Government of the United States, shall be of American

Hemp.

Preserved meats, &c.

Flour bread.

and

Home manu

ferred.

growth or manufacture, when the same can be obtained of as good quality and at as low a price as foreign hemp.

SEC. 3726. The Secretary of the Navy is authorized to procure the preserved meats, pickles, butter, and desiccated vegetables, in such manner and under such restrictions and guarantees as in his opinion will best insure the good quality of said articles.

SEC. 3727. The Secretary of the Navy is authorized to purchase, in such manner as he shall deem most advantageous to the Government, the flour required for naval use; and to have the bread for the Navy baked from this flour by special contract under naval inspection.

SEC. 3728. The Secretary of the Navy, in making contracts and purfactures to be pre- chases of articles for naval purposes, shall give the preference, all other things, including price and quality, being equal, to articles of the growth, production, and manufacture of the United States. In purchasing fuel for the Navy, or for naval stations and yards, the Secretary of the Navy shall have power to discriminate and purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used.

of

Fuel.

Bunting.

SEC. 3729. The Secretary of War, the Secretary of the Navy, and the Secretary of the Treasury may enter into contract, in open market, for bunting of American manufacture, as their respective services require, for a period not exceeding one year, and at a price not exceeding that at which an article of equal quality can be imported.

Relinquishment SEC. 3730. The Secretary of the Navy may relinquish and pay all resreservations ervations of the ten per centum upon deliveries made under contracts on deliveries. with the Navy Department, where these reservations have arisen and the contracts have been afterward extended, or where the contracts have been completed after the time of delivery, by and with the consent of the Department, or where the contracts have been dissolved by the like consent, or have been terminated, or an extension thereof has been prevented by operation of law, where no injury has been sustained by the public service.

Name of conSEC. 3731. Every person who shall furnish supplies of any kind to the tractor to appear Army or Navy shall be required to mark and distinguish the same with on supplies. the name of the contractor furnishing such supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct; and no supplies of any kind shall be received, unless so marked and distinguished.

Unauthorized

ited.

SEC. 3732. No contract or purchase on behalf of the United States contracts prohib- shall be made, unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, or transportation, which, however, shall not exceed the necessities of the current year.

No contract to

ation.

SEC. 3733. No contract shall be entered into for the erection, repair, or exceed appropri- furnishing of any public building, or for any public improvement which shall bind the Government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose. [See § 5503.] Restrictions on SEC. 3734. Before any new buildings for the use of the United States commencement are commenced, the plans and full estimates therefor shall be prepared of new buildings. and approved by the Secretary of the Treasury, the Postmaster-General, and the Secretary of the Interior; and the cost of each building shall not exceed the amount of such estimate. [See § 3663, APPROPRIATIONS.]

Contracts lim

SEC. 3735. It shall not be lawful for any of the Executive Departments ited to one year. to make contracts for stationery or other supplies for a longer term than one year from the time the contract is made.

Restriction on purchases ofland.

No transfer of contracts.

Eight hours to be a day's work.

SEC. 3736. No land shall be purchased on account of the United States, except under a law authorizing such purchase.

SEC. 3737. No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States.

SEC. 3738. Eight hours shall constitute a day's work for all laborers, workmen, and mechanics who may be employed by or on behalf of the Government of the United States. [See § 3689, under APPROPRIATIONS.]

« AnteriorContinuar »