The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-22
THE PURCHASE OF SUPPLIES.
II. J. TrnceweII's Decision as to the
Necessity Of Advertising

Necessity Of Advertising
Regarding thu Laws relative 60 adver-
Using for proposals for supplies for tie
Government Robert y. TracewoH. TIL
Comptroller of tho Treasury. today g. --
dcrsd q very interesting decision. u was
i'm respous, Co a request made 10y Henry
Eechtin. disbursi1g clerk Of the Depart
meut of Justice. Mr.. Rcchtiu asked
whether the provisions Of section SIS of
the Revised Statutes and acts .mCu5lt0-
~ thereof. apply e. purchases mad. for
the Spanish Claims Commission. I'm ac-
cording with section of the act Of March
.. l@l
Mr.. TraceweU answered as follows. AS
l understand the general law relative to
the purchase Of supplies or services for
IN" use OF tho Governm, MT tho. validity
of such purchase is not dependent upon
the advertisement for proposals therefor.
unless such advertisement is required by
some affirmative law Of Congress IL Is
not the province Of the accounting OIL
GERS 20 supply what To them may seem To
bc omissions OF Congress but 90 inter
pref and enforce such laws as Congress
has seen fit q enact upon any given sub
ject.
If 1 were called upon 20 draft law
upon the subject of the purchase by any
Government officer of any class of sup
plies or services, ! should most certainly
provide that as condition precedent To
such purchase or contract therefor. Of
either supplies or services. an advertise
meUt for proposals be previously had. un-
less the public eNiEenciCs required the i'm
mediate delivery Of the thing or the per
fosmancc Of the service or unless the
thing 10 be- purchased was not a subject
of Sc
formed were of such a professional or
scientific character as 20 become a per-
sonal matter and not open TO competition.
1t seems 90 be a question with bat one
side-that open and free competition in the
purchase of supplies or services necesSa-
ri'y results in wider field Of choice in
the articles to be purchased or the ser
vices TO be rendered. and a better article
for the same price in "a majority OF in
stances. With competition thus invited
fayoritism is shut off by the purchasing
officer. and every citizen locally in n DO
Sllon TO compete has an opportunity to
sell his wares or services to the Govern
mort. each standing upon the merits Of
his wares or services and the prices Of
fcred-"
Mr., TraccwcU here quotes the Sec
lions of the Revised Statutes relative to
purchases Of supplies for the departments
OF the Government ana continues by say
ins.
1t does not appear that the Spanish
Claims Commission is a part of or I'm any
manner attached 10 any OF the executive
departments OF the Government. II IS
provid'd by section 8 or the act which
called this Commission Into existence. and
which Is tho law under which it operates
and continues 90 exist. that
The Department Of Justice shan mo-
vide said Commission with an necessary
and suitable rooms and offices for holding
IFS sessions and transact-ug its business
All the expenses. including salaries and
compensation OF said Commission and OF
ITS officers and employees shall De- paid by
the Department OF Justice. upon. vouchers
certified by the President ~ the Commits
sion or by order OF the other members Of
the Commission I'm case OF his absence OF
inability To act; and the sum or S5a.Uly an
nUa!ly, or so much thereof as may De nee
essaTy. IS hereby appropriated and made
Immediately available for the Department
of Justice as a special fund for the nav
ment % said expenses
1T Is nowhere provided IT, this act. as
condition precedent 70 its purchasa OF
supplies or services. that any advertise
ment shall be had for proposals or other
wise
AS suggested by its president in the
letter referred 10 in your reference. il is
an Independent body. and not a part of
any Of the Executive Departments of tn,
Government. II is simply Governmental
establishment
IF section 500. Revised Statutes. stood
alone II might be coutonded that the word
departments. as used therein was intend
60 to De used in its broaGest sense. $50 as
To include such Governmental establish
mcnts as this Commission. having mo- r.
lduon To any Of the Executive DeDart-
ments. but the meaning Of the word de-
DartmyEtI.' as used therein is made. re4z
ouably certain by the language used in
the amendment OF this section By the first
act, supra. of 1881
II the word departments as used in
said section 500 was intended by Congress
10 mean an Governmental establishments
ana not O. refer exclusively 20 the Execu-
tive Departments then the language OF
the amendment is ineXDIicable and more
than meaningless.
This amendment IS clearly q Ilgf-ra-
tive construction of the meaning OF the
original act Tho original act was found
not 10 cover ali the cases wherein Cor
gross intended that advertising should
prccedc a purchase q supplies or ser
wees, hDEc, the amendments of 1895
" hich made II operate upon those Gov
ornamental establishments mentioned
therein not connected with any or nm,
Executive Departments
W here the word department is used
iu statutes like the one under conefders-
tlon II must BE- held 20 mean one OF the
Executive Departments Of thu Govern
mtHt, that is, department presided over
by a Cabinet officer unless there ig Soma
JHlnS IN the act or the CirCGmstauc-s UNI
der which the act was passed. % show
tnat congress gave TO this word a differ
cal meaning.
Il am Of opinion, for the reasons above
given. that the laws relative 10 advcrtfs
ing, as above st out are not applicable
20 the Spanish Claims Commission
IN FAVOR OF THE PENSIoNFR.