CASE NOTE Scope and operation of section. - Sec. or the act of June 14, 1878, ch. 191, 20 Stat. 130, "was then and since interpreted and applied by the accounting officers, so far as the 5-year period was concerned, as relating to the procedure to be followed for the 5 years next ensuing after the passage of that act, and as not constituting a statute of limitations on the consideration and settlement 1878, June 14. Purchase of material for steam boilers.7 That on and after the passage of this act, the Secretary of the Navy be, and he is hereby authorized to purchase at the lowest market price, such plate iron and other material as may enter into the construction of steam boilers for the Navy, without advertising for bids to furnish the same: Provided, That he shall cause to be sent to the principal dealers and manufacturers of iron and such other materials as may be required specifications of the quality description and character of such iron and materials so required: And provided further, That such plate iron and materials shall be subjected to the same tests and inspection as now provided for and which inspection and tests shall be made publicly and in presence of such bidders or their authorized agents as may choose to attend at the making thereof.--(20 Stat. 253-254, Res. No. 30.) 1878, June 18. Limitation upon powers of examining board.7 That hereafter in the examination of officers in the Navy for promotion no fact which occurred prior to the last examination of the candidate whereby he was promoted, which has been enquired into and decided upon, shall be again enquired into, but such previous examination, if approved, shall be conclusive, unless such fact continuing shows the unfitness of the officer to perform all his duties at sea.--(20 Stat. 165, ch. 267.) Sec. 2. The President of the United States may in cases wherein the rule herein prescribed has been violated order and direct the re-examination of the same.--(20 Stat. 166, ch. 267.) records of the Navy Department concerning the officer's career in the grade from which he is at the ime seeking promotion. (Davis, Adm'r v. United States, 24 Ct. Cls. 442, 446-447, May 13, 1889.) "The terms of this act show that it dealt with the qualifications of a single officer coming up for examination for his seniority promotion, and not with the comparative fitness for promotion of several officers." (31 Op. Atty. Gen. 87, 89, Jan. 13, 1917.) An examining board, examining a candidate for promotion to the rank of captain, U.S. Marine Corps, over his objection considered unfavorable matter on his military record which had previously been considered by the examining board that qualified him for the grade of first lieutenant, J.S. Marine Corps. The record in this case clearly showed that the candidate was indecisive, careless, and negligent, both as a second lieutenant and as a first lieutenant. However, the matter considered by the examining board as "facts continuing" consisted of several instances of deficiency in the performance of his duties as a first lieutenant about ten years after similar deficiencies had been demonstrated by him as a second lieutenant. In view of the lapse of about ten years between these occurrences, held that they showed a June Records in the case of a major in the Marine Corps showed that, while a first lieutenant, he was considered careless and lacking in judgment. It appeared that while in the grade of captain he was relieved from duty with the 5th Regiment, 2d Battalion Marines, in France on Sept. 2, 1918, for inefficient performance of duties. It appeared that in 1920 and 1921 he was considered careless and in 1921 his judgment was considered at fault. In the grade of major, in 1923, the officer was considered to be lacking in good judgment, the reporting officer stating that he was relieved from duty as forestry officer because of a "serious error in judgment." There were no reports indicating carelessness while in the grade of major, nor were there any subsequent reports indicating that the officer lacked judgment. The last report indicating carelessness on the part of the officer was made in 1921 while he was a captain and the last report indicating lack of judgment was made in 1923 while he was a major. The record showed that the greater portion of the unfavorable reports relating to his lack of judgment and carelessness !appeared while he was in the grade of captain. reports were "inquired into" by the three examining boards which examined said officer for promotion to major and the report of the examining board which found him qualified was approved Dec. 23, 1922. Those Held, That a report in 1923 that this officer, while promotion to the grade of lieutenant colonel. (File 15.) An examination of an officer for transfer from the line of the Navy to the Supply Corps is not an examination "for promotion" within the meaning of the act of June 18, 1878, ch. 267, 20 Stat. 165. (File 00-Naumilket, Chas. J./A17-28 (360821), Oct. 8, 1936, C.M. O. 10-1936, p. 6.) In connection with the examination for promotion of a lieutenant (junior grade) an examining board considered unfavorable matter which had been considered previously upon his promotion from ensign to lieutenant (junior grade); this matter in substance indicated carelessness or indifference in regard to caring for financial obligations. Subsequent entries showed a continuing carelessness or disregard of financial obligations by the candidate. While there was no direct connection between the transactions resulting in the unfavorable matter contained in the fitness report previously considered and those causing subsequent unfavorable comment, held that the general character of the derelictions was the same, namely carelessness or indifference in regard to caring for financial obligations, and was a "fact continuing" within the meaning of the act of June 18, 1878, ch. 267, 20 Stat. 165. (File 00/A1728 (370910), Sept. 22, 1937, C.M.O. 9-1937, p. 10.) 1878, June 19. Statements of receipts and expenditures in the naval service; reports of amounts lost or unaccounted for. That from and after the passage of this act, it shall be the duty of the Secretary of the Treasury to transmit to Congress, annually, a tabular statement showing in detail the receipts and expenditures in the Naval service under each appropriation, as made up and determined by the proper officers of the Treasury Department, upon the accounts of disbursing-officers rendered for settlement.--(20 Stat. 167, ch. 311.) Sec. 2. There shall be appended to this statement an account of balances in the hands of disbursing agents at the close of each fiscal year, and a report of any amounts lost or unaccounted for by voucher.-(20 Stat. 167, ch. 311.) EDITORIAL NOTES Amendment of this act was made by the Budget and Accounting Act, 1921; approved June 10, 1921, ch. 18, title III, sec. 304, 42 Stat. 24, which vested in and imposed upon the General Accounting Office, in so far as not inconsistent with the said act, all powers and duties conferred or imposed by law upon the Comptroller of the Treasury and the six auditors of the Treasury. This act, as amended, is embodied in the U.3. Code as secs. 272 and 273 of title 5. 1878, June 19. Requisitions of Secretary of the Navy for advances; restriction upon use of appropriations for "Pay of the Navy".7 That the Secretary of the Navy be, and he is hereby, authorized to issue his requisitions for advances to disbursing officers and agents of the Navy under a "General account of advances, not to exceed the total appropriation for the Navy, the amount so advanced to be exclusively used to pay current obligations upon proper vouchers and that "Pay of the Navy" shall hereafter be used only for its legitimate purpose, as provided by law.--(20 Stat. 167, ch. 312.) Sec. 2. That the amount so advanced be charged to the proper appropriations, and returned to "General account of advances" by pay and counter warrant; the said charge, however, to particular appropriations, shall be limited to the amount appropriated to each.--(20 Stat. 167, ch. 312.) Sec. 3. That the Fourth Auditor shall declare the sums due from the several special appropriations upon complete vouchers, as heretofore, according to law; and he shall adjust the said liabilities with the "General account of advances."--(20 Stat. 168, ch. 312.) to prohibit the use of the appropriation 'Pay of the "It is not contemplated that advances could be made which could only be reimbursed from a future ་་ appropriation. (28 Op.Atty. Gen. 456, 469, Nov. 10. 1910.) The "general account of advances" was established by this act. (29 Op.Atty. Gen. 344, 346, Mar. 7, 1912.) "In practice, under said act of June 19, 1878, moneys required by the disbursing officers of the Navy for all purposes are drawn from the Treasury in lump sums upon said 'General account of advances,' and thereafter charged against the several appropriations upon monthly reports of the disbursing officers showing what payments have been actually made by them and the appropriations to which those payments are chargeable, verification and final adjustment of the appropriations being made when the vouchers for the payments so reported are received by the Auditor." (12 Comp. Dec. 250, 252, Oct. 31, 1905.) "The provisions of said act of June 19, 1878, require that advances of moneys to disbursing officers and agents of the Navy for disbursement be drawn from the Treasury upon requisitions (issued by the Secretary of the Navy under a general account of advances, thereafter to be charged against the several appropriations upon reports of the disbursing officers showing what payments have been actually made by them and the appropriations to which those payments are chargeable; verification and final adjustment of appropriations being made when the vouchers for the payments so reported are received in the General Accounting Office. The act does not make of general account of advances an appropriation and no authority exists for a disbursement purporting to be chargeable thereto except as it may be properly chargeable to an appropriation forming one of the components thereof. After moneys advanced to a disbursing officer on properly approved requisitions are disbursed, recoveries or collections made on account of the payments are not available for disbursement and should be deposited into the Treasury to the credit of the appropriation, special or trust fund under which such disbursements were originally made." (10 Comp. Gen. 382, 384, Feb. 21, 1931.) Where funds advanced to a disbursing officer of the Navy and charged to the General Account of Advances for naval appropriations established under the act of June 19, 1878, ch. 312, 20 Stat. 167, are stolen or otherwise lost, there is no authority under the act to clear the said charge by crediting the General Account of Advances and charging the appropriation to which the major portion of the disbursing officer's disbursements were charged. (19 Comp. Gen. 722, Feb. 14, 1940.) 1878, June 19. Stealing, defacing, injuring, etc., books, pamphlets, manuscripts, etc.7 That any person who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, or manuscript, or any portion thereof, belonging to the Library of Congress, or to any public library in the District of Columbia, whether the property of the United States or of any individual or corporation in said District, or who shall steal, wrongfully deface, injure, mutilate, tear, or destroy any book, pamphlet, document, manuscript, print, engraving, medal, newspaper, or work of art, the property of the United States, shall be held guilty of a misdemeanor, and, on conviction thereof, shall, when the offense is not otherwise punishable by some statute of the United States, be punished by a fine of not less than ten dollars nor more than one thousand dollars, and by imprisonment for not less than one nor more than twelve months, or both, for every such offense.--(20 Stat. 171, ch. 317.) EDITORIAL NOTE This act is embodied in the U.S. Code as sec. 102 of title 18. 1878, June 20. Advertising rates.7 That hereafter all advertisements, notices, proposals for contracts, and all forms of advertising .equired 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: *** but the heads of the several departments may secure lower terms at special rates whenever the public interest requires it.--(20 Stat. 216, ch. 359.) 1879, Feb. 14. Sale of charts to persons not in government service. That all charts hereafter furnished to mariners or others not in the government service shall be paid for at the cost price of paper and printing paid by the government.--(20 Stat. 286, ch. 68.) [1879, Feb. 14. Charges against, and credits to, clothing and small-stores fund. That from and after the first day of April, eighteen hundred and seventy-nine, the value of issues of small-stores shall be credited to a fund to be designated as the "small-stores fund", in the same manner as the value of the issues of clothing is now credited to the "clothing fund"; the resources of the fund to be used hereafter in the purchase of supplies of small-stores for issue.--(20 Stat. 288, ch. 68.) following: act of June 8, 1898, ch. 395, 30 Stat. Transfers from the clothing and small-stores By acts making appropriations for the Navy Department and the naval service for the fiscal years 1921-1940, inclusive, it was provided that the clothing and small-stores fund should be charged with the value of all issues of clothing and small stores made to specified classes of persons in the naval service. 1879, Feb. 26. Detail of engineer officers to educational institutions.7 That for the purpose of promoting a knowledge of steam-engineering and iron-ship building among the young men of the United States, the President may, upon the application of an established scientific school or college within the United States, detail an officer from the Engineer Corps of the Navy as professor in such school or college: Provided, That the number of officers so detailed shall not at any time exceed twenty-five, and such details shall be governed by rules to be prescribed from time to time by the President: And provided further, That such details may be withheld or withdrawn whenever, in the judgment of the President, the interests of the public service shall so require.--(20 Stat. 322-323, ch. 105.) EDITORIAL NOTES The Engineer Corps of the Navy was abolished and the personnel thereof (on the active list) transferred to the line of the Navy by the first section of an act of Mar. 3, 1899, ch. 413, 30 Stat 1004. Assignment of officers of the line of the Navy to engineering duty only was provided for by a provision of an act of Aug. 29, 1916, ch. 417, 39 Stat. 556, 580, which has been amended and supplemented by later enactments. This act, with "an engineer officer of the Navy" substituted for "an officer from the Engineer Corps of the Navy", is embodied in the U.S. Code as sec. 1126 of title 34. 1879, Mar. 3. Transmission of letters of soldiers, sailors and marines.7 Sec. 9. *** The Postmaster General may, however, provide, by regulation, for transmitting unpaid and duly certified letters of soldiers, sailors, and marines in the service of the United States to their destination, to be paid on delivery.--(20 Stat. 358-359, ch. 180.) |