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loss through nonperformance shall withhold 5 per cent of the purchase price of each animal bought by it until performance of the agreement is completed.
BREACH OF CONTRACT.
Failure by the contractor to perform any part of this agreement shall entitle the Government, which shall endeavor to secure fair and reasonable prices in such case, to at its option obtain full and prompt performance of this agreement by open-market bargaining or otherwise at the expense of the contractor.
SUSPENSION OF DELIVERIES. 13. The Government reserves the right at any time to suspend inspection and purchase of animals under this agreement by giving 10 days' notice in writing of such intention to the contractor, and in such case the Government shall not be obligated to continue further inspection and purchase of animals hereunder until such time as it may decide to resume inspection and purchase, which it may do upon giving 10 days' notice in writing of such intention to the contractor : Provided, That any suspension of inspection and purchase by the Government in excess of a 30-day period shall excuse the contractor at his option from further performance under this agreement, provided notice to the effect be given to the contracting officer of the Government by the contractor before the resumption of the inspection and purchase of animals hereunder.
RESCISSION OF AGREEMENT. 14. Time being of the essence in view of this national emergency, failure of the contractor to have ready for inspection at inspection place or places hereunder designated the minimum number of animals of each class provided for in paragraph 6 hereto, or failure to tender additional animals for inspection thereafter in the amounts and at the times provided for in this agreement, shall entitle the Government at its option to rescind this agreement immediately by notice to this effect to the contractor. The Government further reserves the right, for any other reason which it may consider sufficient, including cessation of the present hostilities, to rescind this agreement upon 10 days' notice of such intention to the contractor. In the latter event, the Government shall not be required to inspect or purchase a greater number of animals during the 10-day period after such notice of rescission has been given the contractor and until such rescission takes effect than the average number of animals inspected during the previous 10 days before the giving of such notice. In the event of such rescission, the Government shall only be required to pay for animals accepted by it up to the date of such rescission.
MANNER OF GIVING NOTICE.
15. Any notice required to be given to the contractor under this agreement may be given by mailing a written notice or sending a telegram addressed to the contractor at in the State of
No notice given to the Government by the contractor under this agreement shall be sufficient unless given in writing or by telegram, delivered to the purchasing office, Quartermaster Corps, United States Army, at — in the State of
MODIFICATION OF AGREEMENT. 16. No modification of this agreement shall be binding upon the Government unless consented to in writing by a contracting officer of the Quartermaster Corps, United States Army.
REINSPECTION OF REJECTED ANIMALS.
17. No animal tendered by the contractor and rejected by any purchasing officer shall be again tendered for inspection under this agreement by the contractor except upon express permission obtained from the purchasing officer designated to inspect animals under this agreement. Willful violation of this prohibition by the contractor shall be ground for the immediate rescission of this agreement.
CONVICT LABOR NOT TO BE EMPLOYED.
18. In the performance of this agreement the contractor shall not, directly or indirectly, employ any person or persons undergoing sentence of imprisonment at hard labor which may have been imposed by a court of any State, Territory, or municipality having criminal jurisdiction, or permit the employment of any person furnishing labor or materials to said contractor in the fulfillment of this agreement unless otherwise provided by an Executive order of the President of the United States or future statutory provision by the Government.
APPROPRIATIONS. 19. It is agreed and understood that this agreement shall be noneffective until an appropriation adequate to its fulfillment is granted by Congress and available, except in so far as may be necessary to provide for the necessities of the service as authorized by section 3732 of the Revised Statutes of the United States. However, in order to provide for the necessities of the service as authorized by said section, it is agreed that animals specified hereunder, so far as authorized by said section, shall be delivered at the times and manner required under this agreement, and that payment for animals so delivered and accepted shall be made as soon as practicable after funds are available under appropriations therefor by Congress.
PATENTS. 20. The contractor shall hold and save the Government and all officers and agents thereof harmless from and against all demands of any nature or kind for or on account of the use of any patented article, combination, or process which may affect the articles delivered under this agreement.
ASSIGNMENTS. 21. Neither this agrement nor any interest therein shall be transferred to any party or parties, and in case of such transfer the Government may refuse to carry out this agreement either with the transferor or the transferee, but all rights of action for any breach of this agreement by the contractor are reserved to the United States.
PUBLIC OFFICIALS NOT TO BE INTERESTED IN AGREEMENT. 22. No Member of or Delegate to Congress or Resident Commissioner, nor any person belonging to or employed in the military service of the Government, is or shall be admitted to any share or part of this agreement or to any benefit which may arise therefrom, but, under the provisions of section 116 of the act of Congress approved March 4, 1909, this stipulation, so far as it relates to Members of or Delegates to Congress or Resident Commissioners, shall not extend or be construed to extend to any contract made with an incorporated company for its general benefit.
In witness whereof, the parties aforesaid have hereunto placed their hands the date first hereinbefore written, and the contracting officer hereby certifies that if the contractor is a corporation, that said officer has satisfied himself of the authority of the person signing the contractor's name to bind the contractor and has waived the requirements of Army Regulations as to the filing of written evidence of said authority. WITNESSES :
Quartermaster Corps, U. S. Army. as to
(Executed in quadruplicate.) (Approval here with rubber stamp and date, signed by approving officer.)
I certify that the foregoing agreement was made under authority to purchase public animals in the open market given by the Secretary of War of the United States of America. (See acts of May 12 and June 15, 1917.)
Quartermaster Corps, United States Army.
(The following affidavit is required only on the copy of the contract for returns office.)
I do solemnly swear that the foregoing is an exact copy of a contract made by me personally with the contractor named above, that I made the same fairly, without any benefit or advantage to myself, or allowing any such benefit or advantage corruptly to the said contractor or any other person, and that the papers accompanying include all those relating to the said contract, as required by the statute in such case made and provided. Subscribed and sworn to before me this
Quartermaster Corps, United States Army. NOTE.—The name of the principal intended to be bound as party of the second part, whether an individual, partnership, or corporation, should be inserted in and signed to the contract in exactly the same form. If a partnership, the names of all the individuals composing same should be inserted and the word
by" added before the person signing for such partnership. An officer of a corporation or an agent signing for the principal should add his name and title after the word “ by" under the name of the principal.
Rubber stamps may be used to insert the names and titles of officers when signatures are not necessary. Sheets should be fastened together with pins or other temporary fastenings.
Agreement should be executed in quadruplicate and at least two copies made, one for the returns office and one for the files of the contracting officer.
FORT BLISS, N. MEX., TARGET RANGE, ADDITIONAL LAND. The CHAIRMAX. “Fort Bliss, N. Mex., target range: For an additional amount for the acquisition of private holdings now embraced in the Fort Bliss target range, situated in Dona Ana County, N. Mex., by condemnation or purchase, $19,540."
Capt. Daly. There was previously appropriated for this purpose $7,120. The owners of the tracts of land would not accept the price offered by the military authorities and condemnation proceedings were instituted by the Department of Justice. The price awarded by the board of appraisers of the court amounted to $26,660, which was $19,510 in excess of the amount previously estimated for as being required for the purpose and appropriated for the purpose.
The CHAIRMAN. Was the amount of land condemned greater or less in extent than the land originally estimated upon?
Capt. Daly. The original estimate did not include all of the private holdings.
The CHAIRMAN. How much land was originally estimated to be required, and what additional land did they try to take? Evidently the department has requested money to acquire certain private holdings. Now, if they were authorized to do that and endeavored to obtain additional land, we ought to know about it.
Capt. Daly. I do not seem to have here a statement of the amount of land that was contemplated.
The CHAIRMAN. Will you look up what was originally proposed to be obtained, and whether any additional land was embraced in the condemnation proceedings? And if they were, we want to find out about it.
Capt. DALY. Yes, sir.
NOTE.-The records of the Quartermaster General's Office show that the range has been completed.
The original appropriation of $7,120 was for the acquisition of the following tracts of land at Fort Bliss: Findlay, tract, 160 acres, at $4 per acre..
$640 Bell tract, 80 acres, at $4 per acre---
320 Blevins tract, 320 acres (with improvements)
6, 000 Fuller tract, 40 acres, at $4 per, acre..
7, 120 As the owners of these tracts of land would not accept the prices offered them by the military authorities, condemnation proceedings were instituted by the Department of Justice. The prices awarded by the board of appraisers of the court are as follows: Findlay tract, 160 acres..
$8,500 Bell tract, 80 acres..
3,000 Blevins tract, 320 acres -
15, 000 Fuller tract, 40 acres (no award for this tract)
26, 660 The quartermaster at Fort Bliss, Tex., states that the Fuller tract was condemned but no award was made for the same, and that it should be purchased with the others, and that Mr. Fuller has offered to take the Government estimate, or price, for his land, which is $160.
It will be observed from the above statements that the appropriation of $19,540, in addition to the $7,120 already appropriated for this purpose, includes the same tracts of land. It is not believed that this land could be acquired within a reasonable time, if at all, at less than the valuations awarded by the appraisers of the court. i
CLAIMS FOR DAMAGES TO AND LOSS OF PRIVATE PROPERTY.
(See p. 97.)
The CHAIRMAN. You are asking for claims for damages to and loss of private property, $15,000. You had $5,000. We went over this before, did we not
Capt. Daly. We have had hearings on $5,000 of it. The last estimate is for $10,000 additional. It is just an estimate based on the fact that the $5,000 which you had hearings on a short time ago has practically all been obligated. From the assembling at these large camps and cantonments of 35,000 and 40,000 men each certain damages will result through maneuvers and otherwise, and we are simply making an estimate that about $10,000 additional will be required for that purpose.
The CHAIRMAN. Is there a limitation upon the amount that can be paid in the adjustments by the War Department ?
Capt. Daly. Yes; claims up to $1,000.
CIVILIAN MILITARY TRAINING.
The CHAIRMAN. For civilian military training the appropriation is $6,721,000, and you are asking $2,119,000 additional. What is the necessity for this additional money?
Capt. Daly. That is a total of $8,681,000; $2,000,000 in the act of August 29, the Army act
The CHAIRMAN. No; the Army act was for $3,281,000.
Capt. Daly. That was the act approved May 12. I am simply taking the total available in 1917 and 1918. The Army appropriation act approved August 29, 1916, for the fiscal year 1917, had an
appropriation of $2,000,000. I took all the appropriations because part of that 1917 appropriation was used in this camp that began on May 14.
The CHAIRMAN. So you had available how much? Capt. Daly. A total available of $8,681,000. Now, we expended for the training camps in the summer of 1916, $2,000,000. The CHAIRMAN. Do you mean July, 1916 ?
Capt. Daly. Yes, sir; July, August, and September. And for the present officers' training camps $3,840,000 for May and June. That was for an attendance of approximately 65,000 men. For the camps for July and August for 40,000 men it is estimated that $3,120,000 will be required.
The CHAIRMAN. Then what is this additional money needed for?
Capt. Daly. The estimate we have submitted here for $2,119,000 is in excess of what will be required.
The CHAIRMAN. You mean you do not need all of it?
Capt. Daly. It is more than we will actually need. We based the estimate, Mr. Fitzgerald, on a larger anticipated attendance for the second camp.
The CHAIRMAN. Then, do you need this much money?
Capt. Daly. For transportation, heat, light, sanitation, and subsistence.
The CHAIRMAN. Do you pay all the expenses of the camps out of this appropriation ?
Capt. Daly. Yes, sir.
Capt. Daly. Yes; but there would not be anywhere near enough money to do it; and we have not paid any of it out of this appropriation.
The CHAIRMAN. You have utilized the appropriation for “Pay of the Army” for this purpose ?
Capt. Daly. Yes, sir.
The CHAIRMAN. That was done under a provision which was put in that item and you have kept this appropriation merely as a maintenance fund?
Capt. Daly. Yes, sir.
Gen. SHARPE. That is the way it was estimated, Mr. Chairman, and then that proviso authorizing the payment was introduced, I think, in the Senate, and we called their attention to the fact that there was not money provided to pay that $100 a month, but when they made the appropriation under the “Pay of the Army," they included it in there, so that provided us with the funds.
The CHAIRMAN. So you have confined this appropriation to the maintenance expenses of the camp?
Gen. SHARPE. Absolutely; yes, sir.
The CHAIRMAN. And the pay has come out of the regular pay appropriation ? Capt. Daly. Yes, sir.