1827. Advertising; rates of payment, general provisions.-That hereafter all advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts; such rates to be ascertained from sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise: Provided, That all advertising in newspapers since the tenth day of April, eighteen hundred and seventy-seven, shall be audited and paid at like rates; but the heads of the several departments may secure lower terms at special rates whenever the public interest requires it. Act of June 20, 1878 (20 Stat. 216), making appropriations for sundry civil expenses; U. s. c. 44: 322.

1828. Same; in the District of Columbia.-That all advertising required by existing laws to be done in the District of Columbia by any of the departments of the Government shall be given to one daily and one weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Provided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes. Sec. 1, act of Jan. 21, 1881 (21 Stat. 317); U. S. C. 44: 323.

R. S. 3828, mentioned, is set forth, post, 1829.

Notes of Decisions

Proposals for work on Government buildings.-Advertisements, such as those for proposals for the interior finish of the post-office building in the city of Washington, need not be made in six newspapers published in District of Columbia, as provided by this act. (1897) 21 Op. Atty. Gen. 595.

The selection of newspapers in which to publish advertisements of this character in the District of Columbia is in the discretion of the heads of the departments. Id.

1829. Same; written authority required.—No advertisement, notice, or proposal for any executive department of the Government, or for any bureau thereof, or for any office therewith connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority. R. S. 3828; U. S. C. 44: 324.

Notes of Decisions

Location of offices.-The provisions of this section extend to offices connected as therein specified, no matter where located. (1878) 16 Op. Atty. Gen. 616.

Sufficiency of order.-A general order addressed to the predecessor of a superintendent of Indian affairs by the commissioner stating that the Secretary of the Interior had directed the publishing of

advertisements authorizes the publication of advertisements under this section. U. S. v. Odeneal (C. C. 1882), 10 Fed. 616.

Advance authority.-The written authority must precede the publication; a subsequent approval or ratification will not be sufficient. (1898) 5 Comp. Dec. 166; (1908) 14 id. 747.

provision.

Provided further,

1830. Government printing; general That on and after July 1, 1919, all printing, binding, and blank-book work for Congress, the Executive Office, the judiciary, and every executive department, independent office, and establishment of the Government, shall be done at the Government Printing Office, except such classes of work as shall be deemed by the Joint Committee on Printing to be urgent or necessary to have done elsewhere than in the District of Columbia for the exclusive use of any field service outside of said district. Sec. 11, act of Mar. 1, 1919 (40 Stat. 1270), making appropriations for legislative, executive, and judicial expenses; U. S. C. 44: 111.

The above act superseded a provision of the act of May 12, 1917 (40 Stat. 74), which amended sec. 87, act of Jan. 12, 1895 (28 Stat. 622), whereunder, in time of actual hostilities, the Secretary of War might secure printing and binding from commercial or other printing establishments, by contract or open market purchase. Said sec. 87 had, in turn, superseded R. S. 3786.

The act of June 12, 1917 (40 Stat. 126), making appropriations for sundry civil expenses, made a special appropriation for printing and binding publications and manuals necessary for the organization and instruction of the land forces of the United States, or such other necessary printing as the Secretary of War might prescribe; and provided that the printing and binding therein authorized might be executed under contract with private concerns, if, in the judgment of the Secretary of War, the public interest required, notwithstanding the provisions of the law requiring such printing and binding to be done in the Government Printing Office.

Notes of Decisions

Operation in general.-All executive officers of the Government were required by sec. 87, act of Jan. 12, 1895 (28 Stat. 622), and act of June 30, 1906 (34 Stat. 762), to have all Government printing done at Government Printing Office, except in cases otherwise provided by law, and such officers could not obligate the United States by acting contrary to said acts. Davis v. U. S. (1924), 59 Ct. Cl. 197.

Discretion of Public Printer.-Secs. 4 and 5, act of June 17, 1910 (36 Stat. 531), the former found in 1937, post, relating to the purchase of stationery and other miscellane

ous supplies for the executive departments and other Government establishments in Washington, do not supersede or repeal sec. 87, act of Jan. 12, 1895 (28 Stat. 622), and other provisions of law under which it is claimed the Public Printer has authority to purchase all articles that are manifestly products of the printing art and its kindred operations. (1911) 28 Op. Atty. Gen. 581.

The discretion to be exercised by the Public Printer under sec. 87, act of Jan. 12, 1895, extends only to articles of a character which are to be " done," that is, "executed,

manufactured, or made," at the Government Printing Office. (1911) 28 Op. Atty. Gen. 612.

Work required to be done at Printing Office. This section does not include illustrations and engravings, maps, or charts. (1891) 20 Op. Atty. Gen. 41.

The Public Printer is, however, required to purchase from the schedule of the General Supply Committee any of the articles above referred to which are properly upon the schedule, where the same are required for the use of the Printing Office, but he is not required to purchase such articles from the schedule for the other departments or establishments of the Government, as they would be ordered through the Secretary of the Treasury. (1911) 28 Op. Atty. Gen. 581.

The Public Printer is not required by law to supply a specifically described patented binding device on the requisition of an allottee of the appropriation for public printing and binding, the article being of a character required by this section to be "done" at the Government Printing Office, where in his opinion an article of different character is more in the interest of economy, uniformity, and better adapted to the needs of the service. Id.

Blank books, press copy books, stenographers' notebooks, etc., which have been scheduled by the General Supply Committee, and are of a staple character usually carried in stock by commercial houses, do not come within the terms of this section. Id.

In purchasing articles of supplies not listed in the schedule of the General Supply

Committee, or contracted for by the Secretary of the Treasury, the head of a department making the requisition is not required to state the specific reasons why such articles are necessary in lieu of other articles of a more or less similar nature which are listed on the schedule. Nor is the head of a department required to submit a similar statement in making a requisition upon the Public Printer for an article within the description of articles enumerated in the act of June 28, 1902 (32 Stat. 481), 2088, post, but which is not required to be made to order, or "done," at the Government Printing Office under the provisions of this section. (1911) 28 Op. Atty. Gen. 612.

The fact that a similar article is listed upon the General Supply Committee's schedule authorized by sec. 4, act of June 17, 1910 (36 Stat. 531), post, 1937, which might possibly subserve the purpose desired, is a matter that concerns only the head of the department making the requisition. Id.

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 R. S. 3786 (superseded) to have all printing and lithographing done at the Government Printing Office. American Lithographic Co. v. U. S. (1922), 57 Ct. Cl. 340.

Implied warranty by contractor for public printing of accuracy of matter printed.See American Lithographic Co. v. U. S. (1922), 57 Ct. Cl. 340.

Provided

1831. Same; illustrations, engravings, and photographs.—* further, That hereafter no part of the appropriations made for printing and binding shall be used for any illustration, engraving, or photograph in any document or report ordered printed by Congress unless the order to print expressly authorizes the same, nor in any document or report of any executive department or other Government establishment until the head of the executive department or Government establishment shall certify in a letter transmitting such report that the illustration is necessary and relates entirely to the transaction of public business. Sec. 1, act of Mar. 3, 1905 (33 Stat. 1213), making appropriations for sundry civil expenses: Public printing and binding. U. S. C. 44: 118.

Previous similar provisions, but without the word "hereafter," and applicable only to the appropriations therein made, were contained in sec. 3, act Mar. 3, 1903 (32 Stat. 1147).

Previous restrictions on printing, engraving, etc., and illustrations, were imposed by sec. 94 of the printing and binding act of 1895 (28 Stat. 623).

1832. Same; waste to be remedied. That the Joint Committee on Printing shall have power to adopt and employ such measures as, in its discretion, may be deemed necessary to remedy any neglect, delay, duplication, or waste in the public printing and binding and the distribution of Government publications: 51109°-3069

Sec. 11, act of Mar. 1, 1919 (40 Stat. 1270), making appropriations for legislative, executive, and judicial expenses; U. S. C. 44: 4.

The Joint Committee on Printing was created by sec. 1, act of Jan. 12, 1895 (28 Stat. 601), to consist of three members of the Senate and three members of the House of Representatives. Sec. 6, act of Mar. 3, 1917 (39 Stat. 1121), provides that this com mittee shall continue to exercise its powers and duties when Congress is not in session.

1833. Government publications; depositaries.-The libraries of the eight exective departments, of the United States Military Academy, and United States Naval Academy are hereby constituted designated depositories of Government publications, and the superintendent of documents shall supply one copy of said publications, in the same form as supplied to other depositories, to each of said libraries. Sec. 98, act of Jan. 12, 1895 (28 Stat. 624); U. S. C. 44: 87.

That libraries heretofore designated by law as depositaries to receive books and other Government publications shall hereafter, during their existence, continue such receipt; and new designations may be made when libraries heretofore chosen shall cease to exist or other designations shall hereafter be authorized by law. Sec. 5, act of June 23, 1913 (38 Stat. 75), making appropriations for sundry civil expenses; U. S. C. 44: 84.

1834. Same; distribution.-That no money appropriated by this or any other Act shall be used after the first day of October, nineteen hundred and twelve, for services in any executive department or other Government establishment at Washington, District of Columbia, in the work of addressing, wrapping, mailing, or otherwise dispatching any publication for public distribution, except maps, weather reports, and weather cards issued by an executive department or other Government establishment at Washington, District of Columbia, or for the purchase of material or supplies to be used in such work; and on and after October first, nineteen hundred and twelve, it shall be the duty of the Public Printer to perform such work at the Government Printing Office. and each head of such executive department and other Government establishment at Washington, District of Columbia, shall furnish from time to time to the Public Printer mailing lists, in convenient form, and changes therein, or franked slips, for use in the public distribution of publications issued by such department or establishment; and the Public Printer shall furnish copies of any publication only in accordance with the provisions of law or the instruction of the head of the department or establishment issuing the publication. ***: Provided, That nothing in this section shall be construed as applying to orders, instructions, directions, notices, or circulars of information, printed for and issued by any of the executive departments or other Government establishments or to the distribution of public documents by Senators or Members of the House of Representatives or to the folding rooms and documents room of the Senate or House of Representatives. Sec. 8, act of Aug. 23, 1912 (37 Stat. 414), making appropriations for legislative, executive, and judicial expenses; U. S. C. 44: 95. By this same act it was ordered that equipment and personnel for this purpose be transferred from the executive departments to the Public Printer prior to Oct. 1, 1912. 1835. Same; sale.-* Provided further, That the Public Printer shall print such additional copies thereof and of any other Government publication, not confidential in character, as may be required for sale to the public by the Superintendent of Documents at the cost of printing and binding, plus 10 per centum, without limit as to the number of copies to any one applicant who agrees not to resell or distribute the same for profit; but the printing of such additional copies required for sale by the Superintendent of Documents shall be subject to regulation by the Joint Committee on Printing and shall not inter

fere with the prompt execution of printing for the Government. Sec. 1, act of May 11, 1922 (42 Stat. 541); U. S. C. 44: 72.

"Additional copies thereof" refers to service publications authorized by 1842, post. 1836. Departmental printing; accounting. That hereafter in the printing and binding of documents or reports emanating from the executive departments, bureaus, and independent offices of the Government, the cost of which is now charged to the allotment for printing and binding for Congress, or to appropriations or allotments of appropriations other than those made to the executive departments, bureaus, or independent offices of the Government, the cost of illustrations, composition, stereotyping, and other work involved in the actual preparation for printing, apart from the creation of manuscript, shall be charged to the appropriation or allotment of appropriation for the printing and binding of the department, bureau, or independent office of the Government in which such documents or reports originate; the balance of cost shall be charged to the allotment for printing and binding for Congress, and to the appropriation or allotment of appropriation of the executive department, bureau, or independent office of the Government, in proportion to the number delivered to each; the cost of any copies of such documents or reports distributed otherwise than through Congress, or the executive departments, bureaus, and independent offices of the Government, if such there be, shall be charged as heretofore: Provided, That on or before the first day of December in each fiscal year each executive department, bureau, or independent office of the Government to which an appropriation or allotment of appropriation for printing and binding is made, shall obtain from the Public Printer an estimate of the probable cost of all publications of such department, bureau, or independent office now required by law to be printed, and so much thereof as would, under the terms of this resolution, be charged to the appropriation or allotment of appropriation of the department, bureau, or independent office of the Government in which such publications originate, shall thereupon be set aside to be applied only to the printing and binding of such documents and reports, and shall not be available for any other purpose until all of such allotment of cost on account of such documents and reports shall have been fully paid. Public resolution of Mar. 30, 1906 (34 Stat. 825); U. S. C. 44: 214.

Notes of Decisions

"Documents and reports."-The phrase "documents or reports," as used in this section, is restricted to "executive documents and reports," and does not embrace the printed laws authorized by sec. 56, act of Jan. 12, 1895 (28 Stat. 609). (1908) 26 Op. Atty. Gen. 514.

Official Register.-The Official Register of the United States, being a public document emanating from the Census Office, all expense incurred in its actual preparation for printing, apart from the creation of the manuscript, is chargeable under this

section to the appropriation or allotment of appropriation for printing and binding for the Census Office; and the balance of the cost thereof, which includes the cost of binding and any charge which may be incurred in the creation of the manuscript, should be charged to the congressional allotment and the appropriate executive allotment in proportion to the number of copies delivered to Congress and to each department. (1908) 26 Op. Atty. Gen.

552.

1837. Same; specific appropriations required and not to be exceeded.-* and after the fiscal year nineteen hundred and seven no appropriations other than those made specifically and solely for printing and binding shall be used for such purposes in any executive department or other Government establishment in the District of Columbia: Provided, That nothing in this section shall apply to stamped envelopes, or envelopes and articles of stationery other than