OPINIONS OF THE JUDGE ADVOCATE GENERAL.

CONTRACTS: Change in statutory requirements as to form.

In a decision of December 31, 1914 (21 Comp. Dec. 425), the Comptroller of the Treasury held that under Section 3744, Revised Statutes, contracts generally for the purchase of supplies or procurement of services for the Army were required to be reduced to writing and signed by the contracting parties at the end thereof, except as to emergency purchases, or where the amount for supplies or services did not exceed $500 and immediate performance was contemplated. The effect of this decision is modified by the following provision of the Army Appropriation Act, approved March 4, 1915 (Pub. No. 292):

"That hereafter whenever contracts which are not to be performed within sixty days are made on behalf of the Government by the Quartermaster General, or by officers of the Quartermaster Corps authorized to make them, and are in excess of $500 in amount, such contracts shall be reduced to writing and signed by the contracting parties. In all other cases contracts shall be entered into under such regulations as may be prescribed by the Quartermaster General."

The effect of this legislation is to require formal written contracts in the Quartermaster's Department only where the agreement is not to be performed within 60 days and the amount involved exceeds $500. Formal written contracts will not be necessary (a) where the amount involved does not exceed $500, or (b) where, regardless of the amount, performance is to be completed within 60 days, unless required by regulations prescribed by the Quartermaster General.

COURTS-MARTIAL: Officers of Judge Advocate General's Department not available as counsel.

A lieutenant applied for the detail of an officer on duty in the office of the Judge Advocate General of the Army to appear as counsel in his defense at a general court-martial trial.

Held, that the Judge Advocate General's Office is on record as being opposed to officers of the Judge Advocate General's Department appearing as counsel for the defense in any case, which principle should be adhered to and should apply to assistants in the office of the Judge Advocate General. (30-423.3, J. A. G., Feb. 2, 1915.)

6

his failure to do so amounted to culpable contributory negligence; and that his injury should be regarded as having been incurred in line of duty. Held further, that the rule with respect to contributory negligence can not be applied in all its strictness in determining the question whether a soldier's injuries have been received in line of duty, but that injuries caused by gross carelessness are not in line of duty.

(54-013, J. A. G., Feb. 26, 1915.)

MILITARY ATTACHÉS: Expenses for travel as military

observer.

The military attaché at Tokyo, Japan, submitted vouchers for mileage for travel performed by him as "military observer" in accompanying the Japanese Expeditionary Campaign against the German province of Kiao-chau, that officer having been directed by the War Department to perform the duty mentioned upon his advice that "the Japanese War Department has authorized one military attaché from each Treaty country to accompany the Expeditionary forces to Kiao-chau."

Held, that the travel came within the provision of the current Army Appropriation Act (38 Stat., 315), "for the actual and necessary traveling expenses incurred by military attachés abroad under orders from the Secretary of War"; that the officer was, therefore, entitled to reimbursement for his actual and necessary traveling expenses, and was not authorized to receive mileage.

(99-270, J. A. G., Feb. 9, 1915.)

POST EXCHANGES: Shortage in accounts; responsibility.

Upon an examination of the accounts of a certain post exchange the Inspector General's Department found a shortage in the accounts for each month for the period from August 1, 1913 to June 15, 1914, aggregating $655.84. The accounts had not been kept in accordance with the requirements of the post exchange regulations and it was evident that the loss might readily have been detected by proper auditing of the accounts by the members of the post exchange council, as required by regulations. During the period mentioned the post exchange council took no inventory of the stock, notwithstanding the requirements of the regulations that such inventory be taken by them quarterly or oftener.