Class Q. Labor Service. For positions of laborer: RULE X. REPORTS. SECTION 1. Reports to the Commission-The head of every department, office or institution shall make prompt and complete report to the board of the following matters, upon the forms prescribed: (a) (b) Appointments, whether probationary, promotion, temporary. (c) Refusal or neglect to accept appointment by an eligible who has been certified to him, or of a person offered reinstatement. Transfer of any officer or employé to or from one administrative branch or from one division to another in such branch. (d) (e) (f) Leave of absence granted to any officer or employé. Suspension of any officer or employé. Separation of any officer or employé under him from the service and the cause of such separation, whether resignation, discharge during probation, removal as a result of investigation and by order of the board, or lay-off. (g) Changes in the compensation of any officer or employé serving under him. Creation or abolition of any office or place of employment under him. (i) Any material change in the duties of an officer or employé serving under him, or in the organization of department. (j) Such other matters as these rules provide shall be reported. Every report shall contain the name and address of the officer or employé affected, together with the date upon which the action has taken effect, and such other facts as will make it possible for the board to maintain a complete and correct record. RULE XI. ADMINISTRATION. SECTION 1. Meetings—A regular meeting of the commission shall be held the second Tuesday of each month and special meetings may be held at any time. Roberts' Rules of Order shall be the rules of order of the commission. SEC. 2. Rules and Regulations-At the request of any member of the commission, all proposed changes in the rules shall be spread upon the minutes and action on the same postponed for one week. The commission may, from time to time, by resolution, adopt regulations of procedure for the administration of these rules. SEC. 3. Meaning of Terms-The word "commission," wherever used in these rules, shall mean the State Civil Service Commission. The word "position," as used in these rules, and the term "office and place · of employment," as used in the Act, shall be considered synonymous. The word "department," as used in these rules, shall mean "department," office or institution. SEC. 4. Records-The commission shall maintain the following records: 1. A record of the duties (whether imposed by law, official regulation or practice) of each office or place of employment in each administrative branch of the service, which record shall contain note of the number of officers or employés engaged in such duties, together with their compensation. 2. A record of the offices and places of employment in each class and grade and of the number and compensation of persons holding such offices or places. 3. All applications for examination filed with the commission. 4. A copy of each examination or test conducted under supervision of the chief examiner. 5. Eligible registers, as provided by Rule III of these rules. 6. A roster of names of all persons who have been appointed to office or places in the classified civil service in accordance with the rules of the commission, and note of the title of the office or place to which they have been so appointed and the compensation thereof. 7. A record of each officer and employé in the classified civil service, which shall contain his name, address, the time and manner of his entrance into the service, and note of all changes affecting his standing while in the service. 8. Such other records as are necessary in the complete and systematic administration of these rules and of the Act. THE PEOPLE EX REL J. W. GULLETT ET AL VS. J. S. McCULLOUGH. BRIEF AND ARGUMENT FOR DEFENDANT. THE PETITION. This hearing is upon a demurrer to an amended petition for a writ of mandamus against the State Auditor, filed by three employés of the Secretary of State; being the assistant chief clerk, the chief corporation clerk-who has charge of the formation of domestic corporations and subsequent changes in their articles of incorporation-and the bookkeeper or chief accountant of the office. The petition prays that the Auditor of Public Accounts be directed to issue warants for the relators' salaries for the months of July and August, 1911, in disregard of the provision of the amended State Civil Service law of July, 1911, forbidding the auditor to issue such warrants until there is filed in his office an estimate payroll therefor, duly certified by the Civil Service Commission. The petition sets forth the various duties imposed by law upon the Secretary of State, and avers that these duties are in the main ministerial, and are so numerous that it is impossible for the Secretary of State personally to perform them all; and they are necessarily delegated to a large number of assistants and subordinates of various kinds who perform them under the direction and supervision of the Secretary of State. That these duties fall naturally into divisions or departments, over each of which is a chief assistant or supervising clerk, among which departments are the following: (a) Recording Department, charged with keeping a register of the official acts of the Governor, certifying to copies of the same, and of all papers, minutes and vouchers relating thereto, with proper indexing of all such records; (b) Department of Buildings and Grounds, charged with the care, maintenance and repair of all the houses, lots and grounds of the State in the city of Springfield; (c) Department of Supplies, charged with the receipt and distribution of all fuel, stationery and other necessary supplies for the use of the executive and legislative officers of the State, and the keeping of an accurate account of the purchase and distribution of the same; (d) Department of Automobile Licensing, having charge of the issuance of licenses to owners of automobiles in this State; (e) Accounting Department, charged with the duty of checking the expense accounts and payrolls, and keeping complete books of account of all the moneys received and disbursed by the Secretary of State, which receipts amount to several hundreds of thousands of dollars annually, and the reporting of the same to the Governor of the State, which department is in charge of Relator Peek, as bookkeeper; (f) Department of Printing, Binding and Distributing the Laws and Journals and other documents ordered by the General Assembly, charged with the duty of such printing and binding and with the distribution of such documents to the various public officers throughout the State; (g) Anti-Trust Department, charged with the enforcement of certain provisions of the anti-trust law; And that the heads of the various departments were assisted in the performance of their duties by appropriate employés, such as stenographers, clerks, janitors, watchmen, engineers, and so forth. Over all departments, as the Secretary of State's first assistant, was and is an employé with the title of chief clerk, who, under the direction of the Secretary of State, supervises the work of all the employés of the office. Immediately subordinate to said chief clerk is the relator, Gullett, with the title of assistant chief clerk, who assists in the supervision of the work of the office and in the absence of the chief clerk, performs his duties, or such of them as may be assigned him, under the direction of the Secretary of State. The specific duties of Relator Gullett are to pass upon the legality of petitions of foreign corporations for licenses to do business in this State, and to have general charge of all work relating to the licensing of foreign corporations. All these and other duties imposed upon the Secretary of State by the Legislature, the petition alleges, are mainly ministerial duties; and when performed by subordinates, the judgment and discretion, if any may be required, are exercised by the Secretary of State himself. The petition avers the employment of the relators and other employés to perform these various duties in the Secretary of State's office; but it does not allege that the Secretary of State has appointed the relators, or that he is authorized by the Constitution or by an act of the Legislature to appoint them. The petition further avers that the relators are performing their respective duties under such employment, for specified monthly compensations; and that by virtue of such employment and service, they are entitled to receive their respective salaries for the months of July and August, 1911, and would receive the same but for a provision in the amended State Civil Service Act, effective July 1, 1911, which makes it unlawful for the auditor to draw or issue any warrant on the treasurer for the salary of persons within the classified service of the State, except upon an estimate payroll containing the names of the persons and the amounts to be paid, and upon that account, duly filed with the auditor, bearing the certificate of the Civil Service Commission that such persons are employed in accordance with the Civil Service law; that no such estimate payroll covering the salaries of the relators has been furnished to the auditor because such certificate of the |