ibid.

Repeal.

Secs. 4 and 5, carry out the provisions of this Act. That all laws or parts of laws inconsistent with the provisions of this Act are hereby repealed. Secs. 4 and 5, ibid.

Deficiencies.

May 18, 1826, c.

DEFICIENCY IN, AND DAMAGE TO, PUBLIC PROPERTY. 1234. In case of deficiency of any article of military 74, s. 3, v. 4, p. 174. supplies, on final settlements of the accounts of any officer Sec. 1804, R. S. charged with the issue of the same, the value thereof sha!! be charged against the delinquent and deducted from his

Under the authority conferred by this section the following regulations have been adopted and promulgated by the War Department:

GENERAL PROVISIONS.

Accountability and responsibility devolve upon any person to whom public property is intrusted and who is required to make returns therefor. Responsibility without accountability devolves upon one to whom such property is intrusted, but who is not required to make returns therefor. Thus, with respect to quartermas ter's supplies intrusted to a company or detachment commander, responsibility but not accountability attaches. (Par. 657, A. R., 1895.)

The officer in permanent or temporary command of a post or station is responsible for the security of all public property of the command, whether in use or in store, and although for purposes of periodical accountability to the War Department it may all have been officially receipted for by subordinate officers, the commanding officer is nevertheless responsible and pecuniarily liable with them for the strict observance of the regulations in regard to its preservation, use, and issue. He will take care that all storehouses are properly guarded, that only reliable agents are employed, and only trustworthy enlisted men are detailed for duty in them or in connection with property. (Par. 658, ibid.)

If an officer in charge of the public property of a command (not properly pertain ing to a company or detachment) is, by order, leave of absence, or any other cause, separated from it, the commanding officer or an officer designated by him will receipt and account for it. (Par. 659, ibid.)

If it becomes necessary to remove all officers from the charge of public property the commanding officer will take measures to secure it and report the circumstances to the proper authority. (Par. 660, ibid.)

A company or detachment commander is responsible for all public property per taining to his company or detachment, and will not transfer his accountability therefor to a successor during periods of absence of less than a month, unless 80 ordered by competent authority; when such absence exceeds a month the question of responsibility is settled by the proper authority. (Par 661, ibid)

The officer in temporary or permanent command of a company or detachment is responsible for all public property used by or in possession of the command, whether he receipt for it or not. (Par. 662, ibid.)

The property responsibility of a company commander can not be transferred to enlisted men. It is his duty to attend personally to its security, and to uperintend issues himself or cause them to be superintended by a commissioned officer. (Par. 603, ibid.)

An officer will not. when it can be avoided, be detailed for duty which will separate him from public property for which he is accountable (Par. 654, ibid.)

All returns of stores or supplies will be rendered as required by regulations or orders. Those of subsistence stores and subsistence property will be forwarded within ten days after the expiration of the accounting periods, and those of other classes of stores and property within twenty days, to the chiefs of bureaus to which they pertain. Abstracts of purchases will be forwarded with the money accounts. (Par. 700, ibid.)

ADMINISTRATIVE examination of PROPERTY RETURNS.

As soon as possible after the receipt of a return by the proper chief of burean, it will be examined in his office, and the officer making the return will be notified of all errors and irregularities found therein and granted three months to correct them. Suspensions or disallowances will not be made on account of slight informalities which do not affect the validity of a voucher, but the officer's attention may be called to them. Whenever the errors have been corrected or compensation has been made for deficient articles, and the action of the bureau chief is sustained or modified by the Secretary of War, the return will be regarded as settled, and the officer who rendered it will be notified accordingly. (Par. 701. ibid.)

If the necessary corrections in the return be not made within the prescribed time, the facts will be reported to the Secretary of War. When it has been determined that the money value of the property for which an officer has failed to account shall be refunded to the United States, the facts will be certified to the Auditor for the War Department by the chief of bureau. (Par. 702, ibid.)

ISSUES AND TRANSFERS.

A transfer of public property involves a change of possession and accountability. The transferring officer will furnish the receiving officer with invoices, in duplicate, accurately enumerating the property, and the latter will return duplicate receipts.

monthly pay, unless he shall show to the satisfaction of the Secretary of War, by one or more depositions setting forth the circumstances of the case, that said deficiency was not occasioned by any fault on his part. And in case of damage to any military supplies, the value of such damage shall be charged against such officer and deducted from his monthly pay, unless he shall, in like manner, show that such damage was not occasioned by any fault on his part.1 (See Art. of War 15.)

The transaction will appear on the property returns rendered by each. (Par. 665, ibid)

When an officer to whom stores have been forwarded believes them to have miscarried, he will promptly inform the issuing and forwarding officers. (Par. 666, ibid.)

If an officer to whom public property has been transferred refuses to receipt for it, the invoicing officer will report the facts to the commanding officer of the former for action. Copies of all papers relating to the transaction will be filed with his returns. (Par. 667, ibid.)

Upon the receipt of public property by an officer he will make careful examination to ascertain its quality and condition, but will not break original packages until issues are to be made, unless he has reason to believe the contents defective. Should he discover defect or shortage, he will apply for a board of survey to determine it and fix the responsibility. Should he consider the property unfit for use, he will submit inventories in triplicate and request the action of an inspector. The same rule will be observed in regard to packages when first opened for issue, and for property damaged or missing while in store. (Par. 668, ibid.)

When packages of supplies are opened for the first time, whether because of apparent defect or for issue, the officer responsible or some other commissioned officer will be present and verify the contents by actual weight, count, or measurement, as circumstances may require, and in case of deficiency or damage will make written report of the facts to the post commander. If only the officer responsible be present and make the report, he will secure the sworn statements in writing of one or more civilians or enlisted men regarding the condition of the property when examined. Should a board of survey be convened, the post commander will refer to it the report made by the examining officer, together with the sworn statements. At arsenals and depots where there are persons whose special duty it is to receive and issue public stores, the reports herein required may be made by them instead of officers of the Army. (Par. 669, ibid.)

The giving or taking of receipts in blank for public property is prohibited. (Par. 670, ibid.)

Supplies procured by one bureau will not be furnished to another, except by special authority of the Secretary of War. When furnished and restored in kind, they will be delivered at the post from which received, or at such other post as department commanders or chiefs of bureaus concerned may determine. If the transaction is between two bureaus of the War Department, payment will be made at the contract or invoice price of the stores; when between a bureau of the War Department and any other Executive Department, the amount to be paid will include the contract or invoice price and cost of transportation. (Par. 671, ibid.)

In no case will means of transportation or other property of any branch of the military service be taken as a part of the outfit of surveying or exploring expeditions for which Congress has made appropriations, without the express authority of the Secretary of War. (Par. 672, ibid.)

PROPERTY ACCOUNTABILITY.

All public property, whether paid for or not, must be accounted for on the proper returns. (Par. 692, ibid.)

An officer accountable for the public property of two or more companies will account for that pertaining to each, except quartermaster's supplies, on a separate return. (Par. 693, ibid.)

Accountability for public property will not be transferred to enlisted men, except to sergeants of the post noncommissioned staff at ungarrisoned posts, and sergeants of the Signal Corps. (Par. 694, ibid.)

Vouchers for issues or expenditures of property not authorized by regulations will be accompanied by copies of the orders directing the issues or expenditures. (Par. 695, ibid.)

An officer will have credit for an expenditure of property made in obedience to the order of his commanding officer. If the expenditure is disallowed, it will be charged to the officer who ordered it. (Par. 696. ibid.)

1 Public property expended, lost or destroyed in the military service must be accounted for by affidavit, or the certificate of a commissioned officer, or other satisfactory evidence. (Par. 697, A. R., 1895.)

When an enlisted man has, by a court-martial, been convicted of losing or damaging public property, the officer responsible for the property will send with his property return a certified copy of so much of the court-martial order as refers to the

Damage to 1235. The cost of repairs or damages done to arms, equip

arms.

38, s. 7, v. 3. p. 204

Feb. 8. 1815, c. ments, or implements, shall be deducted from the pay Sec. 1303, B. S. of an officer or soldier in whose care or use the same were when such damages occurred, if said damages were occasioned by the abuse or negligence of said officer or soldier.

Sales of stores.
Mar. 3, 1825, c.

p. 127.

DISPOSITION OF DAMAGED, UNSUITABLE, OR USELESS

PROPERTY.

1236. The President may cause to be sold any military 93, ss. 1, 2, v. 4, stores which, upon proper inspection or survey, appear to Sec. 1241, R.S. be damaged, or unsuitable for the public service. Such inspection or survey shall be made by officers designated by the Secretary of War, and the sales shall be made under regulations prescribed by him.'

of oaths in ac

491; Feb. 27, 1877,

Sec. 225, R. S.

Administration 1237. The Secretary of War is authorized to detail one counting. or more of the employees of the War Department for the Mar. 3, 1865, c. 78, s. 25, v. 13, p. purpose of administering the oaths required by law in the c. 69, v. 19, p. 241. Settlement of officers' accounts for clothing, camp and garrison equipage, quartermaster's stores, and ordnance, which oaths shall be administered without expense to the parties taking them. In settling the accounts of the commanding officer of a company for clothing and other military supplies, the affidavit of any such officer may be received to show the loss of vouchers or company books, or any matter or circumstance tending to prove that any apparent deficiency was occasioned by unavoidable accident or lost in actual service, without any fault on his part, or that the whole or any part of such clothing and supplies had been properly and legally used and appropriated; and such affidavit may be considered as evidence to

case, giving number, date, and place of issue of the order, and stating on the face of said copy the rolls on which the charges are made. (Par. 698, ibid.)

Should an officer or agent of the Government charged with public property fail to render the prescribed returns thereof within a reasonable time, a settlement of his accounts will be made by the proper bureau of the War Department, and the money value of the property with which he is charged will be reported against him for stoppage. (Par. 699, ibid.)

For other statutes authorizing the sale of obsolete and unsuitable property, see the chapters entitled THE ORDNANCE DEPARTMENT and THE PUBLIC LANDS. For provisions respecting the disposition of funds arising from the sale of public property or stores, see the chapters entitled THE PUBLIC MONEYS, THE STAFF DEPARTMENTS, and the THE ORDNANCE AND SUBSISTENCE DEPARTMENTS.

Unserviceable public property can only be disposed of by sale according to the provisions of sections 1241, 3618, Revised Statutes. It can not be exchanged for other property not belonging to the United States. Thus, held that an old and useless printing press, the property of the United States, could not be disposed of by exchanging it for certain new property belonging to a regiment. (Ibid., 633, par. 23.) Held that, in the absence of specific authority from Congress, the Secretary of War would not be empowered to sell to a State, for the use of its militia, an amount of clothing in excess of the State's quota as already appropriated. And held that, without such authority, he would not be empowered to exchange Government property for property owned or possessed by a State; thus, that he could not legally deliver to the State of Pennsylvania certain arms, the property of the United States, in exchange for arms formerly issued to the State for the use of its militia, and in which the State had a qualified property. (Ibid., par. 25.)

establish the facts set forth, with or without other evidence, as may seem to the Secretary of War just and proper under the circumstances of the case.1

1 Causes of damage to, and of loss and destruction of, military property are classified as follows:

(1) Unavoidable causes, being those over which the responsible officers have no control, occurring (a) in the ordinary course of service, or (b) as incident to an active campaign.

(2) Avoidable causes, being those due to carelessness, willfulness, or neglect. (Par. 681, A. R, 1895.)

Officers responsible for property will be charged for any damage to, or loss or destruction of the same, and the money value deducted from their monhly pay, unless they show, to the satisfaction of the Secretary of War, by their own affidavits or certificates or by one or more depositions, that the damage, loss, or destruction was occasioned by unavoidable causes, and without fault or neglect on their part. (Par. 682, ibid.)

The proper officers to administer oaths in the administration of the affairs of the Army (except when otherwise specially provided) are judge-advocates of departments, judge advocates of courts-martial, and trial officers of summary courts. When none of these are within reach and available, recourse must be had to a notary public or other civil officer competent to administer oaths for general purposes. (Pař. 683. ibid.)

If an article of public property be lost or damaged by the neglect or fault of any officer or soldier, he shall pay the value thereof, or the cost of repairs, at such rates as a board of survey may determine. (Par. 684, ibid.)

The amount charged against anenlisted man on the muster and pay rolls on account of loss or damage of or repairs to Government property shall not exceed the value of the article or cost of repairs; and such charge will only be made on conclusive proof, and never without an inquiry. if the soldier demand it. He will be informed at the time of signing the pay rolls that his signature will be regarded as an acknowledgment of the justice of the charge. (Par. 685, ibid.)

When a deserter carries away public property, or when such property is lost through his desertion, its value will be determined by a board of survey and charged against him on the next muster and pay rolls. (Par. 686, ibid.)

If articles of public property are embezzled, or lost or damaged through neglect, by a civilian employee, the value or damage as ascertained (and by a board of survey if necessary) shall be charged to him and set against any pay or money due him. (Par. 687, ibid.)

For provisions respecting boards of survey, see paragraphs 708-722, Army Regulations of 1895.

PAYMENT OF REWARDS.

Whenever information is received that animals or other property belonging to the military service of the United States are unlawfully in the possession of any person not in the military service, the quartermaster, or other proper officer, will promptly cause proceedings to be instituted and diligently prosecuted before the civil authorities for the recovery of the property, and, if the same has been stolen, for the arrest, trial, conviction, and due punishment of the offender and his accomplices. (Par. 688, A. R., 1895.)

Upon satisfactory information that such United States property, unalwfully in the possession of any parties, is likely to be taken away, concealed, or otherwise disposed of before the necessary proceedings can be had in the civil tribunals for its recovery, the post or detachment commander will at once cause the same to be seized, and will hold it subject to any legal proceedings that may be instituted by other parties. Persons caught in the act of stealing public property will be summarily arrested by the troops and turned over to the civil authorities for trial. (Par. 689, ibid.) Quartermasters, after they have failed to get possession of a lost or stolen animal by the ordinary means, may authorize the payment of a reward of not more than $25 for its recovery. If the animal has been stolen, they may offer an additional reward of like amount for each person arrested, tried, convicted, and sentenced for the theft. (Par. 690, ibid)

The expenses necessarily incurred by any action under the three preceding paragraphs, with the exception of attorney's fees, will be paid by the Quartermaster's Department, upon proper vouchers approved by the department commander. Officers will promptly report their action to department headquarters. (Par. 691, ibid.)

1919- -29

CHAPTER XXXIV.

THE MILITIA-THE MILITIA OF THE DISTRICT OF COLUMBIA-THE TERRITORIAL MILITIA.

1244. Arrangement into divisions, 1274. To be paid into the Treasury

1248. Adjutant-general in each 1277. Secretary of War to direct