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v. Oulten, 28 Cal., 51; Bennett's case, 19 Ct. Cls., 388.)

See note to Rule II, section 5.

A person employed by a marshal as his office deputy, without having been certified by the commission as eligible to employment, although employed in violation of Executive orders, is not employed in violation of law, and is entitled to the expenses incurred by him in serving a

warrant of arrest. (Decision Compt. Treas., Apr. 1, 1899, 5 Dec., 649.)

In the absence of evidence to the contrary, the accounting officers will, in the settlement of salary accounts, assume that the civil-service law and rules have been complied with by the officer having the power of appointment. (Decision Compt. Treas., July 25, 1896, 3 Dec., 52.)

RULE XVI.-REGULATIONS.

1. The commission shall have authority to make regu- Power to make lations for the execution of these rules.

regulations.

ulations.

2. No modification of the existing regulations in the Navy-yard regNavy Department governing the employment of labor at navy yards shall be made without the approval of the commission.

The classification of persons employed at navy yards as skilled laborers or mechanics may be ordered by the President by revoking or modifying the navyyard regulations. (Opinion Atty. Gen., July 6, 1909, 27 Op., 446.)

"All artisan and supervisory artisan positions under the jurisdiction of the Department of the Navy, are hereby included in the competitive classified service of the United States, unless specifically exempted from examination by law or Executive order. Such positions will hereafter be filled in accordance with the regulations which have been approved by me, except that employment from the present registered lists, without classification, is authorized for the limited period necessary to establish eligible lists through open competitive examination in

the manner provided in the regulations.

No artisan or supervisory artisan whose position is included in the classified service by this order shall be classified unless he has established his capacity for efficient service or has been examined and found qualified by the Labor Board and is recommended for classification by the commanding officer under whom he is employed.

Eligible registers under the new regulations will be established, and eligibility from registered lists established under Navy Yard Order No. 23, revised, shall not be extended, beyond June 30, 1913. Persons employed before that date from the present registered lists shall not be eligible to classification except in the manner provided in the regulations. *** (Executive order, Dec. 7, 1912.)

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SCHEDULE A.

CLASSIFIED POSITIONS EXCEPTED FROM EXAMINATION UNDER RULE II, CLAUSE 3.1

[The classified service does not include positions under the government of the District of Columbia, the Library of Congress, the legislative and judicial branches, the Consular and Diplomatic Services, or the Pan American Union.]

No office or position is excepted unless it is specifically named herein. Not more than one position shall be treated as excepted under the title of any such position unless a different number be indicated.

I. THE ENTIRE CLASSIFIED SERVICE.

1. Two private secretaries or confidential clerks to the head of each of the executive departments and one to each assistant head and one to the Public Printer.

2. One private secretary or confidential clerk to each of the heads of bureaus, appointed by the President in the executive departments, if authorized by law. 3. All persons appointed by the President without confirmation by the Senate. 4. Attorneys, assistant attorneys, and special assistant attorneys. 5. Chinese, Japanese, and Hindu interpreters.

6. Any person receiving for his personal salary compensation aggregating not more than $300 per annum whose duties require only a portion of his time, or whose services are needed for very brief periods at intervals, provided that employment under this provision shall not be for job work such as contemplated in section 4 of Rule VIII. The name of the employee, designation, duties, rate of pay, and place of employment shall be shown in the periodical reports of changes; and in addition, when payment is not at a per annum rate, the total service rendered and the distribution of such service during the year shall be shown in the report of changes at the end of each year or when the employee is separated from the service.2

7. Any person employed in a foreign country under the State Department, or temporarily employed in a confidential capacity in a foreign country under any department or office; but this exception shall not apply to any person employed in a foreign country contiguous to the United States in the service of the Bureau of Immigration, Department of Labor.

8. Any position the duties of which are of a quasi military or quasi naval character, and for the performance of which duties a person is enlisted for a term of years; also positions in the Revenue-Cutter Service, where the persons enlist for the season of navigation only.

9. All positions in Alaska which can not be filled from appropriate existing registers, except those in the Customs Service.

10. A person serving under temporary appointment continuously since May 29, 1899, may be permanently appointed, in the discretion of the appointing officer.

1 See positions also excepted by law from examination and the civil service act and regulations on page 45. 2 As amended Oct. 14, 1911.

100

11. A person holding an excepted position, which he entered prior to November 2, 1894, and in which he has since served continuously, may, subject to the other conditions and provisions of these rules, be transferred to a competitive position.

12. Mechanics and skilled tradesmen or laborers,1 employed upon construction or repair work in the field services, under such restrictive conditions that, in the opinion of the commission, they can not, as a class be appointed from registers of eligibles. 13. Cooks, when in the opinion of the commission it is not expedient to make appointment upon competitive examination.

14. One driver 2 of carriage, each, for the personal use of the President, the head of any executive department, the Secretary to the President, and such other drivers of carriages as may from time to time be authorized by competent authority, may be appointed without reference to the civil-service rules or the labor regulations.

II. STATE DEPARTMENT.3

1. Eight officers to aid in important drafting work.

2. Assistant solicitors.1

III. TREASURY DEPARTMENT.3

1. One confidential clerk, if authorized by the Secretary of the Treasury, to each of the following officers:

The collector of each customs district where the receipts for the last preceding fiscal year amounted to as much as $500,000.

The appraisers at the ports of Boston, New York, and Philadelphia.

One private secretary in the office of the naval officer of customs at the port of New York.

2. One counsel before the Board of United States General Appraisers.

3. In the New York customs district: Stitch counters.5

6

4. Storekeepers and gaugers whose compensation does not exceed $3 per diem when actually employed and whose aggregate compensation shall not exceed $500 per annum.

This exception from the requirement of examination shall not apply to the fifth internal-revenue district of North Carolina.

5. One private secretary or confidential clerk to the superintendent in each mint and in the assay office at New York."

6. Any local physician employed for temporary duty as acting assistant surgeon in the Public Health Service at stations or localities where, in the opinion of the commission, the establishment of registers is impracticable.

7. Any person employed in the Public Health Service as quarantine attendant at a station at which, in the opinion of the commission, the establishment of registers is impracticable, and any person employed as quarantine attendant or acting assistant surgeon or sanitary inspector on a quarantine vessel or in a camp or station established for quarantine purposes during an epidemic of a contagious disease for temporary duty in the United States or elsewhere in preventing the introduction or spread of contagious or infectious diseases.8

1 Skilled laborers. Unskilled laborers are not within the scope of the act and rules.

This exception applies to chauffeurs as well as to drivers of carriages. (Minute of commission, Jan. 30, 1908.)

See excepted positions in this department under heading "The Entire Classified Service."

4 As amended Aug. 24, 1912.

6 As amended June 12, 1911. Internal-Revenue Service.

7 As amended Feb. 20, 1913.

8 Subject to this exception at present are the following quarantine Stations: Cape Charles, Columbia River, Fort Stanton, Gulf, Key West, Mobile, Mullet Key, Reedy Island, San Francisco, and South Atlantic.

8. In the Alaska Customs Service all persons appointed or employed for the season of navigation only.

9. One examiner of tobacco and one examiner of tea in the Customs Service at the port of Chicago.

10. Mounted inspectors in the Customs Service on the Mexican border.

11. Civilian instructors in the United States Revenue-Cutter Service.

12. National-bank examiners and receivers under the office of the Comptroller of the Currency.

13. All persons actually employed in the Public Health Service at the leprosy investigation station, Molokai, Hawaii.

14. Informers and posse men, and special employees employed temporarily for detective work in the Internal-Revenue Service, under the appropriation for detecting and bringing to trial and punishment persons violating the Internal-Revenue laws.

15. Laborers at $480 per annum in the Customs Service, district of Hawaii, who are to perform the duties of opener and packer.

IV. WAR DEPARTMENT.1

1. All cable engineers and cable electricians.

2. All telegraph operators, telegraph linemen, and cable seamen, receiving a monthly compensation of $60 or less, serving on military telegraph systems or at military stations, and who perform their duties in connection with their private business or with other employment, such duties requiring only a portion of their time. Appointment to such positions shall be subject to noncompetitive examination as to practical skill in the work required therein by a signal officer or acting signal officer, whose certificate as to the professional fitness of the appointee shall be forwarded to the Secretary of War, and a duplicate thereof to the Civil Service Commission.

3. United States Army Transport Service: Longshoremen employed by the department at ports in the United States; trade and noneducational employees in the Philippine Islands; and all employees on transport ships other than clerks.

4. All commissioners and statutory places of secretary for the national military parks, and one assistant secretary to the Chickamauga and Chattanooga National Military Park Commission.2

5. Consulting architect, for work of reconstructing the United States Military Academy at West Point, N. Y.

6. All navigating positions on the torpedo and mine planters of the Quartermaster Corps.

7. One law officer in the Bureau of Insular Affairs.

8. One superintendent, one chief chemist and assistant superintendent, and one first assistant chemist, for service in connection with the operation of the Washington filtration plant, under the Engineer Department.

9. Caretakers of abandoned military reservations or of abandoned or unoccupied military posts when the positions are filled by retired noncommissioned officers or enlisted men.

10. Civilian professors, instructors, and teachers in the United States Military Academy at West Point.

11. Superintendent of construction, Quartermaster Corps, Corregidor, Philippine Islands.

1 See excepted positions in this department under heading "The Entire Classified Service."

? Superintendents of national cemeteries are appointed by the Secretary of War, under sections 4873

and 4874, Revised Statutes, from soldiers discharged for disability incurred in the line of duty.

12. Contract surgeons.

13. Clerk qualified as translator of the English, Spanish, and Tagalog languages in the Bureau of Insular Affairs.

V. NAVY DEPARTMENT.1

1. Paymaster's clerks acting as principal clerks to general storekeepers at navy yards and naval stations.2

2. Civilian professors, instructors, and teachers in the United States Naval Academy at Annapolis.2

3. All positions in the Island of Guam and in the Island of Samoa.3

4. One clerk actually on duty with each assistant paymaster of the United States Marine Corps.*

5. Artisan and supervisory artisan positions at the naval stations at Cavite, Olońgapo, and Guantanamo.5

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1. Wardens, chaplains, and physicians in the United States penitentiaries or prisons.

2. One clerk to each United States district attorney.

3. Examiners.

4. Any person employed as field deputy in the office of a United States marshal or whose chief duties are to serve process.

5. All positions and employments deemed by the Attorney General to be legal or confidential in their character, and which relate to temporary service or which grow out of appropriation acts committing to the Attorney General the execution of some purpose of the law and the expenditure of the funds therefor, but not creating specific positions.

VII. POST OFFICE DEPARTMENT.1

1. The Assistant Attorney General for the Post Office Department.

2. One private secretary or confidential clerk to the Assistant Attorney General, and one to the purchasing agent of the Post Office Department.

3. All employees on star routes and in post offices of the third and fourth classes, other than postmasters of the fourth class, except those in Alaska, Guam, Hawaii, Porto Rico, and Samoa."

4. One auditor at the post office in New York City.

5. Clerks in charge of contract stations, appropriated for as such and so reported.

VIII. DEPARTMENT OF THE INTERIOR.1

1. The superintendent of the Hot Springs Reservation.

2. Inspectors whose duties are of a confidential nature in the office of the Secretary of the Interior and who are appropriated for by the Congress.7

3. Inspectors of coal mines in the Territories.

4. Temporary clerks employed in the United States local land offices to reduce testimony to writing in contest cases, not paid from Government funds.

5. Indians employed in the Indian Service at large, except those employed as superintendents, teachers, manual-training teachers, kindergartners, physicians, matrons, clerks, seamstresses, farmers, and industrial teachers.

1 See excepted positions in this department under the heading "The Entire Classified Service." 2 As amended Dec. 2, 1910.

3 As amended Feb. 21, 1911.

♦ Amendment of Apr. 3, 1911.

5 Amendment of Feb. 4, 1913.

6 As amended Oct. 15, 1912. 7 As amended Apr. 10, 1912.

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