because it has force merely as an administrative order of the Executive. It is an authoritative expression by the President of his desire and a command to his subordinates with respect to the removal from office of those coming within the scope of the rules. The President has the constitutional authority to regulate for himself the manner of appointment and removal. He may direct his subordinates to exercise under him, in certain cases, the power of appointment and removal, and may regulate the manner in which they may act for him; but this is an administrative order, not made in compliance with any law, but simply an instruction to those who hold positions by virtue of his appointment, as to the manner in which they shall discharge their duties in respect to the removal of their subordinates.

With regard to removals during the probationary period of six months it may be said that the probation is a particular test ordinarily continued through six months in the work which the appointee is to do. The character of the services he renders and his fidelity. and business capacity are to be carefully observed, as the question of permanent appointment depends upon them. After passing an examination and receiving an appointment it is to be presumed that the appointee is worthy of a trial. Among the reasons which constitute a basis for removal after appointment and during probation are those above mentioned. It is clear that the rules do not contemplate the continuance through the six months' period of probation of any appointee found guilty of any of the charges thus described. It seems clear that when a probationer has served sufficiently long to satisfy the appointing officer that he is inefficient or incapable and that the public service would be materially improved by his removal, such removal may be made in accordance with the civil-service rule and departmental regulations governing removals. Of course due care should be taken to observe the object of the period of probation, and the conclusion should not be hastily reached that the probationer is incapable or inefficient. Therefore, if during the probationary period any appointing officer has ground for the removal of any probationer the power is vested in him of making such removal. The civil-service rules now in force, and as they have been in force for years, specifically give the Commission power to inquire into removals in cases in which it is alleged, with offer of proof, that removal has been for political or religious reasons and in cases involving violation of the rules of procedure.

DEPARTMENTAL REGULATIONS.

In order to carry out the provisions of the rule, the heads of departments regulate the details of procedure to be followed in making removals. When reasons appear which are deemed sufficient cause

for removal from the service and the head of the department decides to allow opportunity for defense, which is usually done, the reasons, in writing, as formulated by the supervising officer, are furnished to the person whose removal is sought, who is allowed three days in which to make answer in writing, except that clerks in the Post-Office Service are allowed ten days in which to make answer. The reasons and

the answer are then sent to the head of the department with such recommendation for action as the supervising officer may desire to make. Where it is necessary to mail the notice of reasons, the person whose removal is proposed is given the prescribed number of days from its receipt in which to make answer, and his answer should be mailed on or before the expiration of the period. Whether this procedure shall be adopted is within the discretion of the head of the department; when it is not in force removal may be made summarily and without notice, subject to the requirement that a written statement of the causes therefor shall be filed.

Supervising officers, in making recommendation for the removal of any employee, are required by the department to state specifically and in detail the reasons therefor, in order that such reasons may be made a part of the records of the department, as required by the rule.

SPECIAL EMPLOYEES AND CONFIDENTIAL AGENTS IN THE CUSTOMS SERVICE, AND SPECIAL AGENTS, TREASURY DEPARTMENT.

For several years special employees of the Treasury Department, although nominally in the competitive classified service, were appointed without examination and certification by the Commission. Under an agreement with the department reached in 1896 they have been appointed by the Secretary of the Treasury after having filed with him an application form and such other evidence as to experience, training, qualifications, and personal characteristics as they might be able to furnish.

On March 4, 1908, the Commission suggested to the Secretary of the Treasury a change in the method of making these appointments. In February, 1909, an agreement was reached by which special employees and confidential agents of the Treasury Department were to be considered as in the competitive classified service. Original appointments have been discontinued and vacancies are now filled by promotion or transfer of persons engaged in customs administration or the settlement of customs accounts, after such examination as the Commission deems necessary. Vacancies in the grade of special agent are filled by transferring persons already in the service of the department, subject to such examination as may be deemed necessary; or by the method provided for special employees and confidential agents. Special employees or confidential agents who were not classi

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fied by the original classification of their positions, or who did not enter the service by competitive examination, can not acquire a competitive status except upon the recommendation of the Secretary of the Treasury.

This action brought within the letter and spirit of the merit system a considerable number of employees who, although nominally classified, had for several years been virtually excepted. On recommendation of the Secretary of the Treasury 45 occupants of the position of special employee have been recognized as having the status of competitive employees.

APPOINTMENTS TO COMPETITIVE POSITIONS ON THE BASIS OF SERVICE IN CUBA.

By an order dated December 23, 1908, employees who had had service in Cuba under the administration of the provisional government or the Army of Cuban Pacification, were made eligible, subject to certain conditions and restrictions, for transfer or appointment to the classified service. The number of classified positions was not increased, and the action was taken in recognition of the conditions under which the service in Cuba was rendered. The total number of certificates issued for such transfers during the fiscal year covered by this report was 43, and the total number issued to October 27, 1909, was 51.

TRANSFERS OF EMPLOYEES OF THE PHILIPPINE SERVICE AND OF THE PORTO RICAN SERVICE.

Since April 15, 1903, Civil Service Rule X, paragraph 10, has permitted employees occupying competitive positions in the Philippine classified service who have served therein for three years or more to be transferred to the federal classified service. This action is designed to reward extended and meritorious service in the Tropics. The application of the same principle is seen in the decision of the Commission on July 29, 1909, to permit transfer after seven years of efficient and meritorious service in any case of exceptional merit arising among those who served as constabulary officers of the Philippine service. These officers do not have a classified status in the Philippine service and are therefore not transferable under the civil service rules; but their transfer is to be allowed under an executive order of August 12, 1907, which permitted Mr. A. J. Robinson to be classified as a federal employee, and provided that in similar cases of ехсерtional merit where an employee has performed a long and faithful service in a civil capacity beyond the seas under conditions such that his appointment and service were not in contravention of the civil service rules or executive orders he may be classified by the depart

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ment with the approval of the Civil Service Commission. The number of employees in the competitive Philippine service who have been transferred to the federal service is indicated below:

By executive order of September 27, 1907, transfers from the Porto Rican civil service to the federal civil service are permissible under certain conditions, and four certificates have been issued for such transfers.

THE ADDITIONAL FORCE FOR THE THIRTEENTH CENSUS.

In its last annual report the Commission urged that the additional clerical force to be required for the new census be appointed upon competitive examination. The census act approved July 2, 1909, provided for a special test examination, open to all applicants without regard to political party affiliations, to be prescribed by the Director of the Census and conducted by this Commission; for the transmission of the resulting eligible registers and examination papers to the director from the Commission, and for appointments by the director in conformity with the apportionment and in the order of rating. Appointments are now being made from the eligible lists.

Section 19 of the census act provides that all appointees shall be appointed solely with reference to their fitness to perform the duties required of them. Although no examination is required by the census act for special agent positions, 1,700 of which are to be filled, the Director of the Census prescribed examinations, which have been conducted by the local boards of this Commission, and is making appointments from the registers resulting. It was desired by the director to obtain for this work persons who have had college or university courses in statistics or economics and persons who have had service in the accounting department of some manufacturing or other business establishment.

The census act imposes upon the supervisors the designation of suitable persons to be employed, with the consent of the Director of the Census, as enumerators within their respective districts. It is further provided that such persons shall be selected solely with a view to fitness and without reference to political affiliations.

The Director of the Census, on December 10, 1909, issued a statement defining the qualifications, duties, and compensation of enumerators. According to this statement it is desirable that an enumerator live in the district which he is to canvass, and that he be familiar with its territory and the general character of its people. The census requires as enumerators active, energetic persons of good address. They must be thoroughly trustworthy, honest, and of good habits. They must have at least ordinary education and be able to write plainly and with reasonable rapidity. In general, preference will be given to former enumerators if they are at present physically able to perform the duties of the position. Each applicant is required to make a written application to the supervisor in his own handwriting, and must be indorsed by two representative business men of the community in which he resides. Any enumerator must sever his connection with any political committee of which he may be a member before entering on his duties, and must refrain from political activity during his term of employment.

All applicants will be required to take an examination to be prescribed by the Director of the Census to determine their fitness for the work. This examination will be of a practical character, consisting chiefly or wholly of the filling out of a sample schedule of population from data furnished, and in the case of enumerators whose work will be in rural districts, the filling out of a sample schedule relating to agriculture.

THE DISTRICT SYSTEM.

Only about one-eighth of the positions embraced within the competitive service are located at Washington. In administering the rules in the services outside of Washington the Commission is aided by local boards of examiners, 1,687 in number, having in all 5,036 members. These examiners are selected from among persons already serving in federal offices in the cities in which the respective boards are located, and receive no additional compensation for their work on such boards. The rules require that in the performance of their duties as examiners they shall be under the direct and sole control of the Commission, and that such duties shall in each case be considered a part of the duties of the office in which the examiner is serving, time being allowed for their performance during office hours. The rules further require that no board shall be composed solely of adherents of one political party when other persons are available and competent to

serve.

In addition to these local boards the Commission has representatives of its own in the field giving their entire time to its work, and paid, with two exceptions, as part of its own clerical force. This