United States v. Speed
Supreme Court of the United States
By an act of 14th April, 1818,* “the.Commissary-General and his assistants shall ■ perform such duties in purchasing and issuing of rations as the President shall direct;” “supplies for the army (unless in particular and urgent .cases the Secretary of War should otherwise direct) shall be ■purchased by contract, on public notice,” &c., “ which contract shall be made under such regulations as the Secretary of War may direct.”
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By an act of 14th April, 1818,* “the.Commissary-General and his assistants shall ■ perform such duties in purchasing and issuing of rations as the President shall direct;” “supplies for the army (unless in particular and urgent .cases the Secretary of War should otherwise direct) shall be ■purchased by contract, on public notice,” &c., “ which contract shall be made under such regulations as the Secretary of War may direct.” One of the regulations prescribed by the Secretary of War, and which made Rule No. 1179 in the Army Regulations of 1863, is thus: “ Contracts for subsistence stores shall…
1Opinion of the CourtJustice Miller
The counsel for the appellant urges eight separate objections to this judgment, which we must notice in the order they are presented.
1. Pork-packing and curing bacon is not a business within the scope of the powers of the Secretary of War, or his subordinates.
If by this is meant that the War Department has no authority to enter into the business of converting hogs into pork, lard, and bacon, for purposes of profit or sale as individuals do, the proposition may be conceded. But, if ,it is intended to deny to the department this mode of procuring supplies when it may be the only sufficient…
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