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for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services; Details from * all details of civil officers, clerks, or other sub-duty within ordinate employees from places outside of the District of Columbia. Columbia for duty within the District of Columbia, except temporary details for duty connected with their Lapsed salarespective offices, be, and are hereby, prohibited; and ries. 22 Stat. thereafter all moneys accruing from lapsed salaries, or from unused appropriations for salaries, shall be covered sec. 4. into the Treasury.

*

Employees in the executive departments not specifically provided for.—The provision in section 4 of the act of August 5, 1882, that no employee shall be employed in any executive department or be paid from any specific or general appropriation "unless such employment is authorized and payment therefor specifically provided" in the appropriation prohibits the employment in the office of Naval War Records in the Navy Department of persons employed under and paid from the appropriation for increase of the Navy. (9 Dec. of Compt. Treas., 63.)

Payment of double compensation to a person holding two appointments at the same time. Where a person who holds a federal position with a fixed salary or compensation is appointed to another independent place or position, the holding of which is not incompatible with the holding of said prior place, he is not entitled to compensation for such second position unless the salary or compensation thereof was fixed by law or regulation prior to his appointment thereto. (10 Dec. of Compt. Treas., 726.)

Detail prohibited.-Section 4 of the act of August 5, 1882, having prohibited the detailing of civil officers, clerks, and other subordinate employees from places outside the District of Columbia for duty within the District of Columbia, the detailing for duty in the office of the Commissioner-General of Immigration at Washington, D. C., of an immigrant

outside for

District of

L., 255; Supp. R. S., vol. 1,

2d ed., p. 374,

inspector stationed at Alexandria, Va., is not authorized, and he is not entitled to compensation while so detailed.

Retired army officers.-A retired officer of the army is not precluded from holding a civil office which he may lawfully hold under and by virtue of an appointment to such office, and is entitled to draw his pay as a retired officer and also the salary provided for the civil office during the period of his incumbency of the latter office. (15 Op. A. G., 306.)

Duties to which employees may be assigned.-Section 4 of the act of 1882 refers only to the appointment or employment of persons in the federal service, and does not restrict in any manner the kind of work to which they shall be put after being appointed or employed. The act in nowise limits the discretion of the heads of the executive departments as to the character of work which shall be required of their several employees, but is only intended to prevent the employment of subordinate officers or employees at the seat of government without specific appropriation for their payment.

Where a specific appropriation is made for a position named, there is no statutory restriction which prevents the use of such specific appropriation in paying for services which were clearly not covered by the title of the position for which the appropriation was made. (26 Op. A. G., 522.)

Holding of two offices.

28 Stat. L., 205; Supp. R. S., vol. 2 [No.

4], p. 212, sec. 2.

* * *

No person who holds an office the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers of the army or navy whenever they may be elected to public office or whenever the President shall appoint them to office, by and with the advice and consent of the Senate.

Executive order regulating the holding of two offices.-An executive order of January 17, 1873, declares that "persons holding any federal civil office by appointment under the Constitution and laws of the United States will be expected, while holding such office, not to accept or hold any office under any state or territorial government, or under the charter or ordinances of any municipal corporation." Exceptions are made in case of justices of the peace, notaries public, commissioners of deeds, and postmasters whose remuneration does not exceed $600 a year.

The order would apply to the office of alderman or common councilman in a city, or of town councilman of a town or village, or to appointments under city, town, or village governments, whether

No

compensation

for extra services.

R. S., sec. 1764.

Stansbury v. U. 8

S., & Wall., 33;

U. S. v. Garlinger, 169 U. S., 320; U. S. v. Johnson, 173 U. S., 363; U. S. v. Van

Duzel, 185

with or without compensation. Positions on boards of education, school committees, public libraries, or in religious or eleemosynary institutions, professorships in colleges, and positions as mechanics or laborers employed by the day are not regarded as "offices" under the order, and officers of the Federal Government, in common with all good citizens, may engage in such service if the attention required does not interfere with the regular and efficient discharge of their duties under the Federal Government. Federal officers are not prohibited from being officers of the militia, or from rendering unpaid service in local or municipal fire departments. (See pp. 126-128, Fourteenth Report.)

No allowance or compensation shall be made to any officer or clerk by reason of the discharge of duties which belong to any other officer or clerk in the same or any other department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.

U. S., 281; Strong v. U. S., 34 Fed. Rep., 18; Folger v. U. S. 13 Ct. Cls., 86; Landreau v. U. S., 16 Ct. Čls., 74; Hedrick v. U. S., 16 Ct. Cls., 88; Mathews v. U. S., 32 Ct. Cls., 123.

Three-year provision in transfers.

34 Stat., 389, 449.

It shall not be lawful hereafter for any clerk or other employee in the classified service in any of the executive departments to be transferred from one department to another department until such clerk or other employee shall have served for a term of three years in the department from which he desires to be transferred.

The Attorney-General, in an opinion rendered March 29, 1907 (26 Op., 209), decided that the term "department," as used in laws relating to the civil service,

is distinguished from "office," "bureau,"

and "branch," and that subordinates of the several executive departments are distinguished from employees of such

other governmental agencies. He therefore held that it is lawful for the Civil Service Commission to consent to the transfer of a classified employee from an independent office of the Government to a department or to another independent office or bureau, although such employee may not have served three years in the office or bureau from which he seeks transfer, as is required by section 5 of the act of June 22, 1906, of clerks and employees of the executive departments.

ners, and agents, although employed usually or invariably away from the seat of government-are governed by the above-mentioned statutory provision with regard to transfers.

Under date of September 23, 1907, the President, by executive order, amended the rules so as to extend the three-year requirement in transfers to those branches of the service not covered by the act, but with the provision that the commission may waive such requirement when it deems such action necessary in the interests of the service, in transfers other than from one executive department to another. (See Rule X, sec. 8a.)

Details.

Sec. 6.

In the same opinion it was held that the "field force" of a department-that is, its classified employees under its immediate control, as inspectors, examiHereafter it shall be unlawful to detail civil officers, Det June 22, clerks, or other subordinate employees who are author-1906. ized or employed under or paid from appropriations made for the military or naval establishments, or any other branch of the public service outside of the District of Columbia, except those officers and employees whose details are now specially provided by law, for duty in any bureau, office, or other division of any executive department in the District of Columbia, except temporary details for duty connected with their respective offices.

PENAL STATUTES.

contributions in

The act of March 2, 1867 (sec. 1546, R. S.), prohibits Political the solicitation of a political contribution from any navy- navy-yards. yard workingman by any United States officer or employee, and also prohibits their removal for political reasons. Penalty-dismissal from the public service.

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See also section 13 of the act and note thereunder.

The act of August 15, 1876 (sec. 6, 19 Stat. L., 169), Political prohibits all civil officers and employees not appointed by the President, with the approval of the Senate, from giving or receiving from any other officer or employee of the government any money or property, or other thing of value, for political purposes." Penalty-dismissal from the public service and fine of $500.

See also section 11 of the act, and note thereunder.

Constitutionality of act of August 15, 1876, section 6.-The sixth section of the act of August 15, 1876, chapter 287, prohibiting, under penalties therein mentioned, certain officers of the United

States from requesting, giving to, or re

ceiving from any other officer, money or property or other thing of value for political purposes is not unconstitutional. (Opinion of Chief Justice Waite, United States Supreme Court, in the matter of Newton Martin Curtis, 106 U. S., 371, printed in full in Fourth Report, p. 542.)

Solicitation for gift to superior.

Felonies and misdemeanors.

Section 1784, Revised Statutes, prohibits (1) government employees from soliciting contributions from fellowemployees for a gift to official superiors; (2) superiors from receiving any gift from official subordinates receiving a less salary; (3) officers or clerks from making a gift to any official superior. Summary discharge is the penalty.

Under section 335, Criminal Code, all offenses which may be punished by death, or imprisonment for a term exceeding one year, shall be deemed felonies. All other offenses shall be deemed misdemeanors.

The statutes relative to frauds in connection with examinations and prosecutions thereunder are set forth in a pamphlet published by the Commission (Form 1775).

CIVIL SERVICE

SERVICE RULES
RULES PROMULGATED BY

THE PRESIDENT, AND LEGAL DECISIONS,

WITH NOTES BY THE COMMISSION.

par. 1.

In the exercise of power conferred by the Constitution, Act, sec. 2, by section 1753, R. S., and by the civil-service act of January 16, 1883, the President promulgates the following Promulgating rules in lieu of those promulgated May 6, 1896, and the amendments thereof:

Rules of former Executives binding until repealed.—It is a settled rule of administrative practice that the official acts of a previous administration

order.

are to be considered by its successor as final, so far as the executive is concerned. (15 Op. A. G., 208; 2 Op. A. G., 8.)

RULE I.- -POLITICS AND RELIGION.

ence with elec

Act, sec. 2, cl. 2,

1. No person in the executive civil service shall use his No interferofficial authority or influence for the purpose of interfer- tions. ing with an election or affecting the results thereof. Per- par. 6. sons who by the provisions of these rules are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns.

In consideration of fixity of tenure and of appointment in no way due to political considerations, the man in the classified service, while retaining his right to vote as he pleases and to ex

press privately his opinions on all political subjects, "should not take any active part in political management or in political campaigns, for precisely the same reasons that a judge, an army officer,

a Promulgated April 15, 1903, and revised to June, 1908. A compilation of the civil-service rules, special orders, and classifications from May 7, 1883 (the date of the first rules under the civil-service act of 1883), to August 16, 1902, will be found at page 161 of the Eighteenth Report of the Commission. A further compilation from August 16, 1902, to February 1, 1904, will be found at page 194 of the Twentieth Report, and each subsequent report contains a similar compilation for the year covered by it.

b Constitutional provision relating to appointments: Art. II, sec. 2, par. 2. "He [the President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Departments."

*** "Congress has power to distribute, at its pleasure, the appointment of inferior officers between the President, courts of law, and heads of Departments, or to vest such appointments exclusively in one or two of those depositaries, but it has no power to vest appointments elsewhere, directly or indirectly." (13 Op. A. G., 516.)

"The head of a department has no constitutional prerogative of appointment to offices independently of the legislation of Congress, and by such legislation he must be governed not only in making appointments, but in all that is incident thereto." (U. S. v. Perkins, 116 U. S., 483.)

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