The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-12
should at the expiration OF two years be returned 10 the
surplus fund The section il in these words:

should at the expiration OF two years, be returned the
surplus fund. The section Is in these words:
Sand whenever any moneys appropriated the Depart
OF War of the Navy shall remain unexpended Ia
pamenis for more than two years after the expiration Of
the calendar year Ia which the act OF appropriation SNAIL
such 10 inform Secretary Of tho Treasury OF
that fact and the Secretary OF the treasury shan mere
upon cause such moneys 10 be carried 70 Tue Of inc
surplus fund"
That was the provision OF the act OF 1890 AT the
time when that act passed, the treasurer was an
agent for The War and Navy Departments By the act Of
1922 he ceased agent for either OF these depart
ments, and new mode OF drawing money from the
treasury was provided understand Mr.. Berrens opin-
ion be that the act OF 1922, by prescribing different
mode OF drawing from the treasury moneys appropriated
to the service OF the War and Navy Departments, has
rendered the provisions OF the ret OF 1920 in this regard
inappIcabe, because they ceased TO be necessary So
that suppose there may after all, be no discrepancy be-
tween that opinion and the opinion Of Mr.: Grundy
Mr.. HUNTER. The senator will find himself very
much mistaken The remark OF Mr.. Berrien, which the
senator has read. designed to show that he was
OF the fact that The law Of 1922 had altered the
laton of the treasurer towards the War and Navy De-
parments-hat he no longer received moneys as their
agent II he will examine the opinion, the senator will
see that that Mr. Berrien takes up by
Mr. PEARCE. Il may be So ! have not examined
that he does not sustain the construction OF the senator
from Virginia But then if 80, have shown. the
opinion OF MIR. Attorney General Grundy was directly
the other way and the practice OF the government has
been in conformity with it, have no manner OF 0bjec-
lion that the practice which the senator seems to think
wrong and injurious shall be corrected BY legislation.
My only objection is, that impuation should be
thrown this administration that they are violating the
law when they in fact are not violating the law, or are
only constituting laws which Congress have passed, and
ruling the cases precisely as their predecessors did with
out complaint reproach, keeping the appropriations
outstanding until the objects Were accomplished under the
act Of 1920 and transfers when necessary by
tbority of The act of is42 However, | will not longer
Geain the Senate on that point
There few other items. however, to which
fhan nf rofa
desire to correct statement made by me when add
dressed the Senate about month ago 1t will be ecol-
lected that then said something about cheese con-
tract fell into error, believe, my information be-
ing verbal though do not think il Of any great import
ance. stated that the contract was made in ls4s. ln
that was mistaken supposed, also that the contrac,
was made with single individual in that respect, loo,
was in but not In any other or material respect,
l believe. Prior 10 the year 1s47 the purchases OF
cheese for the navy were not made by open contract
y Is called, but were made with the lowest bidder BY
the naval appropriation act Of March g. s47, authority
given to the Navy Department 10 make these par
chases by open contract and had supposed that the
ecuton Of this power had been deferred for period of
some eighteen months 1t seems, however, that was
mistaken in that and that the exercise OF it was much
more rapidly resored TO. II seems that instead of this
contract being made in ls4S, it made in ls47 very
soon after the passage OF the act and fnd BY referring
10 the report made BY the present head OF the Bureau of
Provisions and Clothing that at the date OF that contract
Or about the date of that contract there hand
Boston, New York, and Norfolk three years supply OF
cheese for the consumption OF the navy Thai the i'm
and OF great There three years
supply hand, and yet al that time a contract was
made for four years supply, at eighty thousand pousds
PER a1lfum. lnd too that subsequently the contract
ors written 10 by the present head of the bureau TO
know whether they would suspend the delivery OF the
cheese or abate the contract They declined 10 do
understand, aso that the head of the Navy Department
does not think there any power under the contract to
revoke 1t that is TO say there is such cause as the
contract refers to- to justify him in putting an end 10 II,
There was provision in the contract which have
seen, that, in certain specified, and for other suf
cieni causes, might be terminated but the fact that the
government bad three years supply OF cheese hand
at the time they chose 10 make this improvldeni con-
tract not sufficient cause for breaking within the
stpuaions Of the contract Here is what the present
head OF the bureau states, and he puts the case very
mildly:
Tue quantity OF cheese on hand the navy yards
Boston, New York. and Norfolk equal 70 supply for two
ohe depois az home aud abroad The cause Of this ac.
COMPUTATION may be iound IN the following statement
places 2is 6s2 pounds sufficient for supply
tor Jhee years and 2si 80 pounds the LIST of July
Ia May Is contracts were entered into for 1000 pounds
per annam for four years The fret delivery Of 40 900
quantity be delivered In each succeeding May and
November until the completion Of the So much
and by Of qualify q. being by regulation re-
CURED that the odes; article should be first ssued) that
soon after taking charge OF the bureau, in July, l59 ie
it my duty bring the subject the notice OF your prede
cesso by whose insuctons letters addressed 10 the
contractors ascertain whether In view OF the large
mutation Of the article hand, they would be willing
abrosAe the contracts, at least suspend for time
any urer deliveries, To 10th propositions negative
sweIs received As prelim mary any action and
previous addressing leuefs CONTRACTOR
tons given the ndants the above named
yards 10 have held all the cheese ia their
tive and report the quantity under each years in
ty OF any delivered prior 1871 Boston and Norfolk
remaining but the result OF the survey held New
York will be best UNDERWOOD by the follow ing from
the report Of the surveying officers The first lot,
prising $40 boxes, containing I02 1877 pounds have
condemned This cheese has been In since prior
1855 and some ofs reported 10 have been here since
1873 The cheese WINS no doubt good in its time,
but has impaired until almost every box has lost its
flavor the salt has kept II from decayng but II has be-
come hard, honey combcd, brunk and 10 Instance
2i,i29 pounds supplied In 1885, il IN better order The
surveyors that this lot should cold
The OF tho first lot OF BAG boxes Si90Si 10 the
net proceeds OF tbs same al auction amounted 10 only
S22S 7y The second lot having been considered good
for nnedias use, distributed TO the different yards,
70 be saed possible The last deliveries under
these contracts will fortunately in May next and
wiz be entered into until present stock ~
nearly exhausted and when they shall be deemed neces-
sary, care should DO taken to stpolae, is the la
of present contracts, FOR specific quantity,
bat only FOR such the OIL service may require
should not have wesred the Sen6.e with this state.
meui, were il not that my remarks former occasion
this subject have been made the subject Of comment
in another place However do not choose TO make any
further reply to that IL seems that in eror lar
my statement TO the year went The contract
made In lstT and not in lo4s as stated and II seems,
ALSO that there four contractors, instead OF
Infee contractors allowed TO furnish Thousand
pounds each, and the other y thousand pounds at
eneen cents the pound for the fifty thousand pounds
and believe thirteen and three fourth cents for the
others and the hna responsibility 10 the matter, believe,