for enlisted men so traveling over such roads may direct the Subsistence Depart ment to issue meal tickets for use en route. A noncommissioned officer or private traveling in charge of a detachment will be furnished the meal tickets (Form No. 76, Subsistence Department) for the detachment, and will duly execute the receipt upon a ticket for the number of meals furnished at any authorized point, and leave the receipted ticket with the representative of the eating house there present. A soldier traveling alone will receipt the ticket and leave it in the same way. These receipted tickets will be returned by the railroads or public eating houses accompanied by bills to the commissary who issued them, who will prepare vouchers and pay the same. Recruiting officers not at permanent stations may request those to whom meal tickets are addressed to forward them for payment to the chief commissary of the department-giving name and address-in which they are recruiting.

At the end of a journey all unused meal tickets will be turned over by soldiers to the commanding officer of the post, who will promptly return such tickets to the issuing officer.

The chief commissary of a department will ascertain what, if any, arrangements can be made with the various railroads and public eating houses established along lines of travel over which enlisted men are usually routed in and from his department, and if satisfactory arrangements are made he will cause the necessary information to be communicated to the various commissaries and recruiting officers who may be doing duty in the department, and will also cause them to be notified from time to time as changes occur.-G.O. No. 130, A. G.O.,1901. 369. Commanding and other officers ordering transportation to the Pacific Coast via Chicago for noncommissioned officers, privates, and recruits, under paragraph 1413, as published in G. O. No. 130, A. G. O., 1901, will provide subsistence for the men by meal tickets or otherwise to Chicago only, and will call upon the chief commissary, Department of the Lakes, in their orders directing the travel, for five days' meal requests for the portion of the journey from Chicago to the points on the Pacific Coast to which the men are ordered. When through transportation to the Pacific Coast is furnished at the initial point of the journey, a copy of the order for the journey will be mailed by the commanding or other officer at least twenty-four hours in advance of the departure of the men to the chief commissary, Department of the Lakes, Chicago, Ill., who will send the necessary meal requests to meet the men on arrival at the railroad station in Chicago, thus avoiding delay of the men in that city. A copy of the order will also be furnished the party in charge of the detachment, which will be surrendered by him to the person in Chicago from whom he receives meal requests. Noncommissioned officers, privates, and recruits not furnished with through transportation at initial points of journeys will be instructed to report at the headquarters, Department of the Lakes, if they arrive in Chicago before 3.30 p. m., and at the recruiting station, No. 82 West Madison street, if they arrive after that hour. Those reporting at the latter place will be furnished by the recruiting officer with supper and lodging for the night and breakfast the next morning, and will then be sent to department headquarters for the necessary orders for transportation and meal requests to the end of their journey.— G. O. No. 130, A. G. O., 1901.

370. Commutation of rations will not be allowed to enlisted men serving where subsistence is furnished by the Government; or traveling under orders when they can carry and cook their rations; or traveling under orders on army transports; or by steamboat or steamship where the passage rates include meals; or failing to report at their proper stations on or before the last day of furlough unless discharged; or recruiting parties at their stations; or to civil employees. — A. R., 1415.

371. Laborers, teamsters, and employees of similar character, who are in receipt of a ration under A. R., 1378, will not, while traveling under orders, be allowed cominutation of rations by the Subsistence Department.-A. R., 815. 372. Commutation of rations will not be allowed to officers or crews of seagoing tugs, or employees of launches, harbor tugs, or lighters.—Regs. Subs. Dept. Vide Regs. A. T. S., 146.

373. Commutation of rations will not be allowed to enlisted men delayed while traveling under orders, unless the delay was authorized by competent authority. Where the delay was unavoidable but not specifically authorized only reimbursements for actual expenses for subsistence while delayed should be paid upon statement of the cause of the delay satisfactory to the company and post commanders, filed with the voucher on which payment is made. -Regs. Subs. Dept. Vide 543, Misc., 1883.

374. An order directing the travel of an enlisted man will state that the journey is necessary for the public service. If it be impracticable for him to carry rations of any kind, the order will so state and will direct commutation of rations to be paid; if required to be paid in advance, the number of days will be stated.-A. R., 1416. Vide A. R., 1418.

375. An enlisted man traveling on duty under orders on a vessel of the United States transport service will not be allowed commutation of rations for the time he is aboard. He will be quartered with the enlisted men aboard and will mess with them, and the proper transport officer will indorse upon the travel order in the possession of the soldier the dates between which subsistence was so furnished. The travel order so indorsed will be turned over by the enlisted man at the end of the journey to the commissary by whom commutation of rations for any portion of the journey is paid, who will file it with the voucher on which payment is made. If commutation of rations is ordered paid in advance, the probable time on shipboard must be taken into account in determing the number of days' commutation to be allowed, and the paying officer will indorse the original order and make payment on a certified copy thereof in the manner directed in Army Regulations, 1418, for paying commutation of rations in advance.— A. R., 1417. Vide A. R., 1414.

376. Commutation of rations allowed to an enlisted man while traveling, when not directed to be paid in advance, will be paid to him at the end of his journey, upon presentation of the order for the journey with the certificate of his commanding officer thereon in the following form "Last rationed to include 19; will leave station at 19-; the rations overdrawn Regiment of

will be deducted from the ration return of Company

for the period from

19-, to

,

19-," and a certificate signed by a commissioned officer in the following form: "Joined station at -19-." The period allowed by the paying officer will be the time required over the shortest usually traveled route. If ordered paid in advance, it will be paid upon presentation of a certified copy of the order directing the payment, having thereon the certificate in the above form of his commanding officer. In this case the paying officer will indorse the date, mode, and amount of payment, over his signature, on the order which is retained by the soldier, and certify on the copy that he has made such indorsement. The soldier will deliver his retained order to the commissary at the station where rations are next drawn, who files it with his abstract of issues. The order, or copy thereof, on which commutation has been paid, will be filed as a subvoucher to the receipt roll (Form 12) and the paying officer will indorse on the order, or copy thereof, the date, mode, and amount of payment.-A. R., 1418. Vide A. R., 121, 1203, 1400, 1416, 1417; specimen copy at the end of this heading "Commutation of Rations."

22401-5

377. The furlough of an enlisted man will show by memorandum of his company commander to what day he was last rationed and the number of rations, if any, drawn for him previous to his going on furlough, for the time covered by the furlough, and the certificate of his company commander on the back of the furlough will show the date on which he rejoined his proper station or was discharged and that the rations overdrawn for him were duly deducted from a ration return of his company. If entitled to commutation he will be paid by any commissary upon the presentation of the furlough containing the above memorandum and certificate. The paying officer will file the furlough as a subvoucher to his receipt roll, and indorse on the furlough the date, mode, and amount of payment. The authority under which a furlough is granted (whether under Army Regulations or in pursuance of the orders of a superior) should be cited on the face of the furlough by the officer granting it. If the period for which the furlough is given is within the competency of the authority cited no copy of the order is needed to accompany the furlough when presented to a disbursing officer for payment of commutation of rations; but if the period is manifestly beyond the competency of the authority cited the furlough should, when presented for payment of commutation of rations, be accompanied by copies of all orders in pursuance of which it was given.-A. R., 1419, as amended by G. O. No. 165, A. G. O, 1901. Vide Form 63 (blank form of furlough).

378. An enlisted man granted a furlough with permission to travel on a vessel of the United States transport service will be quartered with the enlisted men aboard and will mess with them. The transport officer will certify upon the enlisted man's furlough the dates between which subsistence was so furnished. In paying commutation of rations on the furlough these days will be deducted.-A. R., 1420. Vide A. R., 1414, 1417.

379. Enlisted men discharged in Cuba, Porto Rico, Hawaii, the Philippines, or other places outside of the States composing the Union, will be provided with free transportation to the said States on Government transports, upon direction of the commanding officers in the several localities, and will be subsisted by the Subsistence Department to the port of destination. They will not be entitled to travel pay from port of embarkation to the United States, nor to commutation of rations for the time so subsisted on the transports. The fact that such transportation and subsistence have been furnished must be noted on the final statements.-A. R., 1421. Vide A. R., 1562.

380. When an officer orders commutation of rations to be paid or rations to be issued to a soldier on furlough to enable him to reach his proper station, the paying or issuing officer will report the full amount paid, or the money value of the issue, to the soldier's company commander. Should the soldier reach his station on or before the last day of his furlough, the company commander will charge the full amount of the payment or issue against his pay on the next muster and pay roll. Should he reach his post after the expiration of his furlough, and the delay be not excused, the full amount will be similarly charged. Should the overstaying of his furlough be excused, the full amount, diminished by the value of the ration, at 20 cents per day, for the number of days during which he was absent after the furlough had expired, will be charged.-A. R., 1422. Vide A. R., 121, 1203; Cir. No. 1, A. G. O., 1896; and the succeeding paragraph.

381. A commissary who makes payment of commutation of rations under an order which directs the amount thereof, or any portion of it, to be charged against an enlisted man, will notify the soldier's company commander of the fact of payment and the amount to be charged, and will request him to enter in the column of remarks on the pay roll, in explanation of the charge, the following "Refundment of commutation, Subs. Army, 190-," giving the fiscal year of the appropriation from which payment was made. The commissary in all

such cases will indorse on the copy of the order which accompanies his money accounts, the fact that the company commander has been requested to make the stoppage as above, stating the amount and giving the date of the request.— Regs. Subs. Dept. Vide preceding paragraph.

382. When a furlough is lost, a certified copy prepared by his company commander, with the soldier's affidavit stating when, where, and the circumstances under which the loss occurred, that he reported at his station on or before the last day of his furlough or was discharged, and that no rations have been furnished nor commutation paid him for any portion of the time during which he was on furlough, may be presented within six months after the loss, through his company and post commanders, to the chief commissary for payment or other disposition.-A. R., 1423.

383. A claim for commutation of rations on furlough can not be allowed without the production of the furlough issued, or other satisfactory evidence that payment has not been made. The burden of proof rests upon the claimant to establish the validity of his claim by something more than his unsupported statements.-1 Comp. Decisions, 513.

384. Enlisted men having claims for commutation of rations, and who are at a distance from a paying commissary, will be paid upon forwarding to the paying commissary their travel orders or furloughs, properly made out, accompanied by receipt (Form 13) in duplicate. Enlisted men on detached duty entitled to commutation of rations may be similarly paid upon the certificate of the officer under whom they serve, setting forth the period for which commutation is due, accompanied by a copy of the authority for its allowance, or by a reference to such authority if previously furnished.-A. R., 1424.

SPECIMEN COPY OF TRAVEL ORDER, ETC.

385. The following is the form of the ordinary travel order upon which commutation of rations is paid to enlisted men traveling under orders, together with the usual notation on the original travel order of the soldier about payment, etc., of commutation of rations, and also the notation required to be made upon the certified copies which the commissary makes of the original order, and which copies are required for file with his papers:

Fort

-19-.

Pursuant to authority from the adjutant general, Department of, contained in letter dated 19-, Private Company Regiment of Infantry, will proceed without delay to Fort reporting upon arrival to the commanding officer thereat. The Quartermaster's Department will furnish the necessary transportation, and the Subsistence Department will pay commutation of rations in advance at the prescribed rate, for- - days, it being impracticable for this soldier to carry rations of any kind. The travel as directed is necessary for the public service. The soldier was last rationed to include The rations overdrawn will be deducted from the next ration return of for the period from

19-.

The following is the usual form of notation to be indorsed on the original order, as above, by the commissary when he makes payment of commutation of rations thereunder :

NOTE. The soldier receipts on the receipt roll of commutation of rations (Form 12) for the amount paid to him on his travel order. The notation to be made on the original order of the soldier, as indicated above, about payment of commutation, is also required to be made on the copies of the travel order the commissary prepares, unless certified copies are furnished him by the issuing officer. One copy is for file with the receipt roll (Form 12) which he forwards with his monthly papers to the Commissary General, and the other for file with his retained receipt roll. The commissary will also note on these two copies that the fact of payment of commutation having been made by him was indorsed on the original travel order retained by the soldier.Vide A. R., 1400, 1412, 1414, 1416, 1417, 1418.

CONTRACTS.

386. A "contract" under Army Regulations is one which is "reduced to writing and signed by the contracting parties with their names at the end thereof." Agreements of this character only are termed "contracts" in Army Regulations.-A. R., 627. Vide Rev. Stats., 3744.

387. Officers of the Army in making contracts will strictly observe the mandatory provisions of section 3744, Revised Statutes, which requires all executory contracts to be reduced to writing and signed at the end thereof by both contracting parties. A failure to comply with these provisions causes a manifest disadvantage and loss to the Government because of its inability to hold persons dealing with it to the restrictions and limitations which are usually imposed in formal written contracts on the prescribed forms.-Cir. No. 18, A. G. O., 1901. Vide Decisions Comp. Treas., Nov. 10, 1900 (Cir. No. 44, A. G. O., 1900). 388. No contract or purchase on behalf of the United States shall be made unless the same is authorized by law or is under an appropriation adequate to its fulfillment, except for subsistence * * * which shall not exceed the necessities of the current year.—A. R., 593. Vide Rev. Stats., 3732; A. R., 658.

* *

*

389. Involving the Government in any contract for future payment of money in excess of appropriations, except as authorized in preceding paragraph, is prohibited.-A. R., 658. Vide Rev. Stats., 3679; Opin. Atty. Gen., IV, 476.

390. An officer charged with the duty of making a contract is responsible under the laws and regulations for his action. Permission or orders to make a contract without competition will not justify the procedure and will not be given.-A. R., 597.

391. After a contract has been duly signed, there is no authority for reforming the contract on account of an error in the bid under which it was made.7 Comp. Treas., 439.

392. Contracts for subsistence supplies for the Army, made by the Commissary General, on public notice, shall provide for a complete delivery of such articles, on inspection, at such places as shall be stipulated.—Rev. Stats., 3715.

393. It is the duty of the officers of the Subsistence Department to make the contracts necessary for supplying the military service with subsistence stores, and directing post commissaries to make such contracts should be sparingly resorted to.-Regs. Subs. Dept.

394. Officers or agents in the military service will not contract with any person in the military service to furnish supplies or service to the Government, nor make any Government contract in which such person shall be admitted to share or receive benefit.-A. R., 671.

395. A contract made under an advertisement inviting proposals can not be extended to cover a period of time longer than that specified in the advertisement; and after a contract has been regularly entered into, its conditions can not be modified in any manner except as provided by the contract.-13823, O. C. G. 396. Contracts can not by agreement of the parties thereto be extended so as to include the delivery of an additional quantity of supplies of the same kind, although the privilege to do so be stipulated for in one of the articles of the contract, no mention of such privilege of extension having been made in the advertisement inviting bids.—Opin. J. A. G., Apr. 4, 1878. Vide 386, "Contracts," 1878.

397. An officer will not contract on behalf of the United States with a member of, or delegate to, Congress, or make a contract in which a member of, or delegate to, Congress is admitted to any share or part of such contract, or to any benefit which may arise therefrom; but this prohibition does not extend to a contract made with an incorporated company, where the contract is made for