(ibid., 509). The office of the Quartermaster-General was reorganized into eight divisions, and six inspectors and ten chief quartermasters of armies and departments (colonels) and division quartermasters with the rank of major were authorized for the period of the war. At the general reorganization of 1866, the strength of the department was increased to the following: One Quartermaster-General (brigadier-general), six assistant quartermasters-general (colonels), ten deputy quartermasters-general (lieutenant-colonels), fifteen quartermasters (majors), and forty-four assistant quartermasters (captains), section 13, act of July 28, 1866 (14 Stat. L., 334). The vacancies created by the act were to be filled by the appointment of persons who had served in the Quartermaster's Department during the war of the rebellion; so soon as the vacancies created by the act had been once filled, however, there were to be no appointments or promotions to the grades of captain and major until the number of officers in those grades had been reduced to twelve and thirty respectively. Promotions and appointments were prohibited until the further order of Congress by section 6, act of March 3, 1869 (15 Stat. L., 318, sec. 1194, R. S.), but this prohibition was removed by the act of March 3, 1875 (18 ibid., 330), which provided the following permanent organization for the department: One Quartermaster-General (brigadier-general), four assistant quartermasters-general (colonels), eight deputy quartermasters-general (lieutenant-colonels), fourteen quartermasters (majors), and thirty assistant quartermasters (captains); no more military storekeepers were to be appointed, and the office was eventually to cease to exist upon the death or retirement of the storekeepers then in service. Appointments to the grade of captain from civil life were authorized, in the discretion of the President, by the act of March 3, 1883 (22 ibid., 456), but this requirement was repealed by the act of August 6, 1894 (28 ibid., 234), which restricted such appointments to officers of the next lower grade in the line of the Army. The corps of quartermaster-sergeants was added by the act of July 5, 1884 (23 ibid., 107), and the corps of army service men was attached to the department by the act of June 20, 1890 (26 ibid., 163). At the outbreak of the war with Spain the Secretary of War was authorized, by the act of July 7, 1898 (30 ibid., 714), to assign four officers of the department to duty as inspectors, and these officers, together with the four principal assistants in the office of the Quartermaster-General, the heads of the divisions in the same office, and the officers in charge of the principal depots, not exceeding twelve in number, were to have, during such assignment, the rank and pay one grade higher than that actually held by them in the regular or volunteer service; such increase in rank, however, was in no case to exceed that of colonel, and was to continue for a period not exceeding one year after the close of the war. Two colonels, two lieutenant-colonels, three majors, and twenty captains were added to the volunteer force of the department for the period of the existing war. The corps of post quartermaster-sergeants was increased to a total strength of one hundred and five by the act of July 8, 1898 (ibid., 728). By section 16 of the act of February 2, 1901 (31 Stat. L. 751), the permanent strength of the department was fixed at one Quartermaster-General with the rank of brigadiergeneral, six assistant quartermasters-general with the rank of colonel, nine deputy quartermasters-general with the rank of lieutenant-colonel, twenty quartermasters with the rank of major, and sixty quartermasters with the rank of captain mounted. A system of details was also established by the operation of which the permanent commissioned personnel of the department will be gradually replaced, as vacancies occur, by officers detailed from the line of the Army for duty in the Quartermaster's Department. Composition. Sec. 1140, R. S. 758. The Subsistence Department shall consist of one Commissary-General of Subsistence with the rank of 17, v. 31, p. 752. brigadier-general, three assistant commissaries-general with the rank of colonel, four deputy commissaries-general with the rank of lieutenant-colonel, nine commissaries with the rank of major, twenty-seven commissaries with the rank of captain, mounted, the number of commissarysergeants now authorized by law, who shall hereafter be known as post commissary-sergeants. Sec. 17, act of February 2, 1901 (31 Stat. L., 752). For note containing the statutory history of the Subsistence Department see end of chapter. 'Section 17 of the act of February 2, 1901 (31 Stat. L., 752), contained the requirement that "all vacancies in the grades of colonel, lieutenant-colonel, and major, created or caused by this act, shall be filled by promotion, according to seniority, as now prescribed by law;" the same enactment also contained the proviso that "to fill vacancies in the grade of captain created by this act, the President is authorized to appoint officers of volunteers commissioned in the Subsistence Department since April 21, 1898." See also the act of March 2, 1901, paragraph 578, ante. Section 2 of the act of July 7, 1898 (30 Stat. L., 715), authorized the Subsistence Department of the volunteer service to be increased "during the present war, and not to exceed one year thereafter, eight majors and twelve captains for the discharge of such subsistence duties as may be assigned to them by the Secretary of War, to be nominated and, by and with the advice and consent of the Senate, to be appointed by the President." The same statute contained the requirement that "during the existence of the present war, and for not exceeding one year thereafter, every commissary of subsistence, of whatever rank, who shall be assigned to the duty of purchasing and shipping subsistence supplies at important depots, shall have the rank next above that held by him and not above colonel, but the number so assigned shall only be such as may be found necessary, not exceeding twelve; also that the two commissaries of subsistence who may be detailed as assistants to the Commissary-General of Subsistence, shall have the rank of colonel: Provided, That when any such officer is relieved from said duty, his temporary rank, pay, and emoluments shall cease, and he shall return to his lineal rank in the Department." These statutes were repealed by section 11, act of March 2, 1899 (30 Stat. L., 979). For the volunteer subsistence staff, see the act of March 2, 1899 (30 ibid., 979). Feb. 2, 1901. s. PROMOTIONS, DETAILS. Promotions. 759. So long as there remain any officers holding permanent appointments in the Subsistence Depart 26, v. 31, p. 755. Details. The same. Post sary-sergeants. commis 224, v. 17, p. 485. ment * * * * * * including those appointed to original vacancies in the grades of captain and first lieutenant under the provisions of sections sixteen, seventeen, twentyone, and twenty-four of this act, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions or to the periods for which the officers so promoted shall hold their appointments. Sec. 26, act of February 2. 1901, (31 Stat. L., 755). 2, 760. When any vacancy, except that of the chief of the department or corps, shall occur, which can not be filled. by promotion as provided in this section, it shall be filled by detail from the line of the Army, and no more permanent appointments shall be made in those departments or corps.1 Ibid. 761. Such details shall be made from the grade in which the vacancies exist, under such system of examination as the President may, from time to time, prescribe. POST COMMISSARY-SERGEANTS. Ibid. 762. The Secretary of War is authorized to select from Mar. 3, 1873, c. the sergeants of the line of the Army who shall have faithSec. 1142, R.S. fully served therein five years, three years of which in the grade of noncommissioned officers, as many commissarysergeants as the service may require, not to exceed one for each military post or place of deposit of subsistence supplies, whose duty it shall be to receive and preserve the subsistence supplies at the posts, under the direction of Section 17 of the act of February 2, 1901, contained a provision excepting vacancies caused by that enactment from the operation of this section. Such vacancies are filled by the President under his constitutional power to appoint, as modified by the acts of August 6, 1894, (28 Stat. L., 234), February 2, 1901 (section 17), and the act of March 3, 1901. 2 For regulations respecting details to the staff see the article so entitled in the chapter relating to the STAFF DEPARTMENTS. CIVIL EMPLOYEES. The employment of civilians in the Subsistence Department is regulated by the annual acts of appropriation. The amount to be expended for such services was fixed at $105,000 in the acts of March 3, 1883, July 5, 1884, March 3, 1885, and June 30, 1886; at $110,000 by the acts of February 9, 1887, September 22, 1888, March 2, 1889, June 13, 1890, February 24, 1891, July 16, 1892, and February 27, 1893, and at $100,000 by the acts of August 6, 1894, February 12, 1895, and March 16, 1896. the proper officers of the Subsistence Department, and under such regulations as shall be prescribed by the Secretary of War. The commissary-sergeants hereby authorized shall be subject to the rules and articles of war, and shall receive for their services the same pay and allowances as ordnance-sergeants.' DUTIES. Par 763. Purchases and issues. 764. Sales to officers and enlisted men. Par. 767. Officers not to trade in articles of subsistence. 768. Methods of purchase; emergency purchases. Duties, Apr. 14, 1818, c. 27 Mar. 3, 1, 61, 7. v. 3. p. 780. Sec. 1141, R.S. and enlisted 763. It shall be the duty of the officers of the Subsistence Department, under the direction of the Secretary of War, to purchase and issue to the Army such supplies as enter, 8.1, v. 7, p. into the composition of the ration." 764. The officers of the Subsistence Department shall Sales to officers procure and keep for sale to officers and enlisted men at men. cost prices, for cash or on credit, such articles as may from July 28, 1966, c. time to time be designated by the inspectors-general of 3 the Army. An account of all sales on credit shali be kept, and the amounts due for the same shall be reported monthly to the Paymaster-General.' Credit sales. 299, s. 25, v. 14, p. Sec. 1144, R.S. For regimental commissary-sergeants of cavalry, see section 2, act of February 2, 1901 (31 Stat. L., 748); for regimental commissary-sergeants of infantry, see section 10 of the same enactment. The act of June 30, 1882 (22 Stat. L., 123), authorizes the detail of one commissary-sergeant to act as assistant to the commissary of cadets at the Military Academy. By General Orders No. 17, A. G. O., of February 16, 1900, the number of post commissary-sergeants was fixed at 165; by General Orders No. 59, A. G. O., of May 3, 1900, the number was increased to 200. General Orders No. 1, A. G. O., of 1900, contains the requirement that "at military posts and stations and in the field the regimental commissaries and regimental commissary-sergeants of cavalry and infantry regiments will perform the necessary work of their respective offices in the subsistence department at the stations of the headquarters of their regiments, and no commissary-sergeants of the general staff will be assigned to posts at which there is a regimental headquarters, except under unusual conditions.' The Subsistence Department, under the direction of the Secretary of War, provides for the distribution and expenditure of funds appropriated for subsisting enlisted men and for purchasing articles kept for sale to officers and enlisted men. The Commissary-General furnishes lists of articles authorized to be kept for sale, and gives instructions for procuring, distributing, issuing, selling, and accounting for all subsistence supplies. Par. 1351, A. R., 1901. Subsistence supplies comprise 1) Subsistence stores, consisting of articles composing the ration and those furnished for sale to officers and enlisted men, also lantern candles for stable use, forage for beef cattle, and coarse salt for public animals and rebrining. (2) Subsistence property, consisting of the necessary means for handling, preserving, issuing, selling, and accounting for these stores. Par. 1355, ibid. For general provisions respecting the procurement of supplies, see the chapter entitled CONTRACTS AND PURCHASES; see also the chapter entitled THE QUARTERMASTER'S DEPARTMENT. 'See the title, post, Sales of Subsistence Stores. supplies. 28, p. 658. Exceptional 765. Hereafter exceptional articles of subsistence stores Feb. 12, 1895 v. for officers and enlisted men, which are to be paid for by them, regardless of condition upon arrival at posts, may, under regulations to be prescribed by the Secretary of War, be obtained by open purchase without advertising. Act of February 12, 1895 (28 Stat. L., 658). Subsistence to seamen and ma rines. 766. The officers of the Subsistence Department shall, Sec. 1143, R. S. upon the requisition of the naval or marine officer commanding any detachment of seamen or marines under orders to act on shore, in cooperation with the land troops, and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and marines of the same. Officers not to trade in articles Apr. 14, 1818, c. 427; Mar. 3, 1835, 780; Mar. 3, 1865, 497; July 28, 1866, p. 336. 767. No officer belonging to the Subsistence Department, for issue or sale. or doing the duty of a subsistence officer, shall be con62789, V. 3. P. cerned, directly or indirectly, in the purchase or sale of any c. 49, 8.1, y. 4. p. article entering into the composition of the ration allowed c. 81, s. 6. v. 13. p. to troops in the service of the United States, or of any c. 299, s. 25, v. 14, article designated by the inspectors-general of the Army, Sec. 1150, R. S. and furnished for sale to officers and enlisted men at cost prices, or of tobacco furnished for sale to enlisted men, except on account of the United States; nor shall any such officer take or apply to his own use any gain or emolument for negotiating or transacting any business connected with the duties of his office, other than that which may be allowed by law. Purchases. Mar. 2, 1901, v. 31, p. 905. 768. Hereafter, except in cases of emergency or where it is impracticable to secure competition, the purchase of all supplies for the use of the various departments and posts of the Army and of the branches of the army service shall only be made after advertisement, and shall be purchased where the same can be purchased the cheapest, quality and cost of transportation and the interests of the Government considered; but every open-market emergency purchase made in the manner common among business men which exceeds in amount two hundred dollars shall be reported for approval to the Secretary of War under such regulations as he may prescribe.1 Act of March 2, 1901 (31 Stat. L., 905). 1 The object of this provision is to secure the Government the benefit arising from competition. It is expected that this benefit will manifest itself in the selection of the best and most suitable supplies for the least expenditure of public money. Where the prices for supplies are fixed and uniform it is unusual and impracticable to advertise for proposals. Such cases are not within the meaning of the statute. 3 Dig. 2nd Compt. Dec., par. 1112. Expenditures for water and gas are not expenditures for supplies within the meaning of this act. Ibid., 1111. So held also as to streetcar tickets. Ibid., 1124. The officers of the Quartermaster's Department are not bound to award contracts |