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Leave of members of National Guard.

Service by Gov

ernment employ

tional Guard.

SEC. 49. That all officers and employees of the United States and of the District of Columbia who are members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay or time, on all days of any parade or encampment ordered or authorized under the provisions of this act. (25 Stat., 772, Mar. 1, 1889.)

That section 49 of "An act to provide for the organiees in the Na zation of the militia of the District of Columbia," approved March 1, 1889, shall be construed as covering all days of service which the National Guard, or any portion thereof, may be ordered to perform by the commanding general. (32 Stat., 615, July 1, 1902.)

Hours of labor.
Limit to eight

and mechanics on

work.

SECTION 1. That the service and employment of all hours for laborers laborers and mechanics who are now or may hereafter be Government employed by the Government of the United States, by the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the said District of Columbia, is hereby limited and restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the United States Government or of the District of Columbia or any such contractor or subcontractor whose duty it shall be to employ, direct, or control services of such laborers or mechanics to require or permit any such laborer or mechanic to work more than eight hours in any calendar day except in case of extraordinary emergency.

In a recent case in the district of Massachusetts Judge Dodge defined the phrase "in case of extraordinary emergency" as follows: "An extraordinary emergency, such as is contemplated by the act, is the sudden, unexpected happening of something not of the usual, customary, or regular kind; demanding prompt action to avert imminent danger to life, limb, health, or property. The possibility of Penalty for violation by officer or contractor.

danger is not enough. The peril must be certain, unusual, imminent, and actual in order to constitute an extraordinary emergency such as the statute contemplates." Judge Dodge also ruled that probable pecuniary loss to the contractor, unless due to an extraordinary emergency, as defined above, is only an ordinary business risk. (Circular letter, Oct. 31, 1906, from Attorney General to United States attorneys.) SEC. 2. That any officer or agent of the Government of the United States or of the District of Columbia, or any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon any of the public works of the United States or of the District of Columbia who shall intentionally violate any provision of this act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall upon conviction be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than six months or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. (27 Stat., 340, Aug. 1, 1892.)

STATUTES PERMITTING APPOINTMENTS WITH-
OUT REFERENCE TO THE CIVIL-SERVICE
ACT.

CENTRAL HEATING AND POWER PLANT.

additional tech

The Secretary of the Treasury is further authorized and Employment of empowered to employ, without reference to the civil-nical services. service laws and regulations, on a salary basis, in the Office of the Supervising Architect, such technical services as may be deemed necessary in connection with the plans, specifications, and construction of the power plant herein provided for and to pay for such services at such price or rates of compensation as he may consider just and reasonable from the appropriation herein before made: Provided, That not to exceed $35,000 shall be available from said appropriation for such technical services: And provided further, That the foregoing authorization for securing the services of specially qualified persons shall be in addition to and independent of the authorizations and appropriations for personal services in the Office of the Supervising Architect otherwise made. (38 Stat., 26, act of June 23, 1913.)

INCOME TAX.

That for the purpose of carrying into effect the provi- Appropriation sions of Section II of this act, and to pay the expense of assessing and collecting the income tax therein imposed, and to pay such sums as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may deem necessary, for information, detection, and bringing to trial and punishment persons guilty of violating the provisions of this section, or conniving at the same, in cases where such expenses are not otherwise provided for by law, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending June thirtieth, nineteen hundred and fourteen, the sum of $800,000, and the Commissioner of Internal Revenue, with the approval of the Secretary of the Appointment Treasury, is authorized to appoint and pay from this

of officers, etc.

compensation.

Other expenses. appropriation all necessary officers, agents, inspectors, deputy collectors, clerks, messengers, and janitors, and to rent such quarters, purchase such supplies, equipment, mechanical devices, and other articles as may be necessary for employment or use in the District of Columbia or any collection district in the United States, or any of Restriction on the Territories thereof: Provided, That no agent paid from this appropriation shall receive compensation at a rate higher than that now received by traveling agents on accounts in the Internal-Revenue Service, and no inspector shall receive a compensation higher than $5 a day and $3 additional in lieu of subsistence, and no deputy collector, clerk, messenger, or other employee shall be paid at a rate of compensation higher than the rate now being paid for the same or similar work in the InternalRevenue Service.

Additional employees, etc., authorized.

to appoint em

clerical force.

In the office of the Commissioner of Internal Revenue at Washington, District of Columbia, there shall be appointed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, one additional deputy commissioner, at a salary of $4,000 per annum; two heads of divisions, whose compensation shall not exceed $2,500 per annum; and such other clerks, messengers, and employees, and to rent such quarters and to Commissioner purchase such supplies as may be necessary: Provided, ployees, except That for a period of two years from and after the passage of this act the force of agents, deputy collectors, inspectors, and other employees, not including the clerical force below the grade of chief of division employed in the Bureau of Internal Revenue in the city of Washington, District of Columbia, authorized by this section of this act, shall be appointed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, under such rules and regulations as may be fixed by the Secretary of the Treasury to insure faithful and competent service, and Compensation. with such compensation as the Commissioner of Internal Revenue may fix, with the approval of the Secretary of the Treasury, within the limitations herein prescribed: Use of addi- Provided further, That the force authorized to carry out the provisions of Section II of this act, when not employed as herein provided, shall be employed on general internalrevenue work. (38 Stat., 180, act of Oct. 3, 1913.)

tional force on general work.

DEPUTY COLLECTORS AND DEPUTY MARSHALS.

ternal revenue

appoint bonded

regard to civilrules.

* That hereafter any deputy collector of in- Collectors of internal revenue or deputy marshal who may be required and marshals may by law or by authority or direction of the collector of in-deputies without ternal revenue or the United States marshal to execute a service act and bond to the collector of internal revenue or United States marshal to secure faithful performance of official duty may be appointed by the said collector or marshal, who may require such bond without regard to the provisions of an act of Congress entitled "An act to regulate and improve the civil service of the United States," approved January sixteenth, eighteen hundred and eighty-three, and amendments thereto, or any rule or regulation made in pursuance thereof, and the officer requiring said bond shall have power to revoke the appointment of any subordinate officer or employee and appoint his successor at his discretion without regard to the act, amendments, rules, or regulations aforesaid. (38 Stat., 208, act of Oct. 22, pointing officer. 1913.)

Control of ap

FEDERAL RESERVE BOARD.

SEC. 11. The Federal Reserve Board shall be authorized and empowered:

*

*

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*

*

Employment of

(1) To employ such attorneys, experts, assistants, employees. clerks, or other employees as may be deemed necessary to conduct the business of the board. All salaries and fees shall be fixed in advance by said board and shall be paid in the same manner as the salaries of the members of said board. All such attorneys, experts, assistants, clerks, and other employees shall be appointed without regard to the provisions of the act of January sixteenth, eighteen hundred and eighty-three (volume twenty-two, United States Statutes at Large, page four hundred and three), and amendments thereto, or any rule or regulation made in pursuance thereof: Provided, That nothing herein shall prevent the President from placing said employees in the classified service. (Public, 43, Dec. 23, 1913.)

COMMERCIAL ATTACHÉS.

ed by Secretary of

For commercial attachés, to be appointed by the To be appointSecretary of Commerce, after examination to be held Commerce. under his direction to determine their competency, and to be accredited through the State Department, whose

Duties.

Authority appoint.

duties shall be to investigate and report upon such conditions in the manufacturing industries and trade of foreign countries as may be of interest to the United States; and for one clerk to each of said commercial attachés to be paid a salary not to exceed $1,500 each; and for necessary traveling and subsistence expenses, rent, purchase of reports, travel to and from the United States, and all other necessary expenses not included in the foregoing; such commercial attachés shall serve directly under the Secretary of Commerce and shall report directly to him, $100,000. (Act of July 16, 1914.)

FEDERAL TRADE COMMISSION.

Each commissioner shall receive a salary of $10,000 a year, payable in the same manner as the salaries of the judges of the courts of the United States. The commission shall appoint a secretary, who shall receive a salary of $5,000 a year, payable in like manner, and it to shall have authority to employ and fix the compensation. of such attorneys, special experts, examiners, clerks, and other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appropriated for by Congress.

Exceptions from civil-service act and rules.

Classified ployees.

Authority.

With the exception of the Secretary, a clerk to each commissioner, the attorneys, and such special experts and examiners as the commission may from time to time find necessary for the conduct of its work, all employees em- of the commission shall be a part of the classified civil service, and shall enter the service under such rules and regulations as may be prescribed by the commission and by the Civil Service Commission. (Public Act 203, approved Sept. 26, 1914.)

ADMINISTERING OATHS.

Members of the Civil Service Commission and its duly authorized representatives are hereafter authorized to administer oaths to witnesses in any matter depending before the Civil Service Commission. (37 Stat. L., 372, act of Aug. 23, 1912.)

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