aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.

"Where an act of Congress, establishing a general system, confers on the President the authority to do a specific act for the purpose of perfecting the means by which the system shall be carried into effect, the act of the President, when performed according to the terms of the statute, has all the validity and authority of the statute itself." (Opinion, Atty. Gen., Mar. 19, 1862, 10 Op., 469.)

*

"There can be no doubt as to the power of Congress or any other legislative body to delegate to subordinate authorities the power to make rules and regulations within certain limits, which, when made, will have the force of law. * * But if any rule prepared by this commission, whether published by the President or not, should have the effect of repealing or modifying an act of Congress, it would be an act of legislation and not a regulation of a mere executive character, which it was clearly the object of this law to authorize. It is a grave question whether Congress could delegate to the President, or to any board of commissioners jointly with the President, the authority to do any act which is equivalent to legislation." (Woods v. Gary, Postmaster General, Sup. Ct. D. C., Sept. 14, 1897, 25 W. L. R., 591. See also, Opinion of Justices, Feb. 24, 1885, 138 Mass., 601.)

In a letter to the commission, of July 16, 1895, the President requested it to further

examinations.

a plan by which the Board of Commissioners for the District of Columbia may provide examinations for those seeking places under the District government so far as this may be done without thereby adding to the expenses of the commission.

In an Executive order of December 17, 1907, the President directed that "upon the request of any Member of Congress the United States Civil Service Commission shall aid in testing the qualifications of applicants for designation for appointment in the United States Military or Naval Academies, so far as this may be done without thereby adding to the expenses of the commission."

The United States Civil Service Commission is directed to render such assistance as may be practicable to the Porto Rican civil service commission, created under the insular legislative act of March 14, 1907, and officers and employees in the Federal service in Porto Rico shall facilitate the holding of examinations and other work of the Porto Rican civil service commission and render such other assistance as may be practicable. (Executive order, Sept. 27, 1907.)

This order is similar to that signed by President McKinley on November 20, 1900, in regard to the Philippine

service.

Second. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows:

Competitive First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed.

Vacancies, how filled.

Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations. Third, appointments to the public service aforesaid in Apportion-the departments at Washington shall be apportioned among the several States and Territories and the District

ment.

Application for

of Columbia upon the basis of population as ascertained at the last preceding census. Every application for an examination. examination shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been resident of such place.

Fourth, that there shall be a period of probation before Probation. any absolute appointment or employment aforesaid.

butions and serv

Fifth, that no person in the public service is for that Political contrireason under any obligations to contribute to any political ice. fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to

do so.

Sixth, that no person in said service has any right to Coercion. use his official authority or influence to coerce the political action of any person or body.

tive

examina

Seventh, there shall be noncompetitive examinations in Noncompeti all proper cases before the commission, when competent tions. persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.

of changes in service.

Eighth, that notice shall be given in writing by the Notice appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission.

Exceptions to

And any necessary exceptions from said eight funda- rules. mental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.

Third. Said commission shall, subject to the rules that exegulations for may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep min-Minutes of proutes of its own proceedings.

ceedings.

Fourth. Said commission may make investigations Investigations. concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its

Annual report.

Chief examiner.

and messenger.

own subordinates, and those in the public service, in respect to the execution of this act.

Fifth. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.

SEC. 3. That said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge Secretary. of his duty. The commission shall have a secretary, to be appointed by the President, who shall receive a salary Stenographer of one thousand six hundred dollars per annum. It may, when necessary, employ a stenographer, and a messenger, who shall be paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of six hundred dollars a year. The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons Boards of ex-serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of anyone so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. Duties of pub-It shall be the duty of the collector, postmaster, and other

aminers.

lic officers.

officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations and in all proper ways to facilitate the same.

"The [chief] examiner is an officer to be appointed by the President, with the advice and consent of the Senate." (Opinion, Atty. Gen. May 26, 1886, 18 Op., 411.)

Section 3 of the civil-service act of January 16, 1883 (22 Stat., 405), authorizes the detail of persons in the official service of the executive departments to be members of the boards of examiners in the Civil Service Commission, but does not authorize such detail for any other purpose or service. Opinion of December 22, 1904 (25 Op., 301), adhered to. (Opinion, Atty. Gen., Apr. 8, 1905, 25 Op., 879.)

Through subsequent legislation contained in the appropriation act the salary of the secretary is now $2,500 a year, and

that of the chief examiner $3,500. The statutory roll of the commission, exclusive of the commissioners, the chief examiner, and the secretary, contains the names of 235 employees.

No detail of clerks or other employees from the executive departments or other Government establishments in Washington, District of Columbia, to the Civil Service Commission for the performance of duty in the District of Columbia shall be made for or during the fiscal year 1913. The Civil Service Commission shall, however, have power in case of emergency to transfer or detail any of its employees herein provided for to or from its office force, field force, or rural carrier examining board. (Act approved Aug. 23, 1912, 37 Stat., 372. See also 37 Stat., 750.)

dations, etc., for

SEC. 4. That it shall be the duty of the Secretary of Accommo. the Interior to cause suitable and convenient rooms and commission. accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of said commission and said examinations, and to cause the necessary stationery and other articles to be supplied, and the necessary printing to be done for said commission.

SEC. 5. That any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in cooperation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprison

ment.

Frauds.

fication.

SEC. 6. That within sixty days after the passage of Customs classithis act it shall be the duty of the Secretary of the

Post-office classification.

Revision of

classifications.

Treasury, in as near conformity as may be to the classification of certain clerks now existing under the one hundred and sixty-third section of the Revised Statutes, to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public service, at their respective offices in each customs district where the whole number of said clerks and persons shall be altogether as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President.

Second. Within said sixty days it shall be the duty of the Postmaster General, in general conformity to said one hundred and sixty-third section, to separately arrange in classes the several clerks and persons employed, or in the public service, at each post office, or under any postmaster of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the Postmaster General to arrange in like classes the clerks and persons so employed in the postal service in connection with any other post office; and every such arrangement and classification upon being made shall be reported to the President.

Third. That from time to time said Secretary, the Postmaster General, and each of the heads of departments mentioned in the one hundred and fifty-eighth section of the Revised Statutes, and each head of an office, shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective departments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public