son, two or more members of whose family are already in the public service under this act." (Op. Atty. Gen., May 25, 1907, 26 Op., 261.) No restriction, on account of there being other members of the family in the service, will be placed upon the certification of a person who is already in the service and attains eligibility for certification. (Minute of commission, Nov. 24, 1914.) "The family consists of those who live under the same roof with the paterfamilias-those who form * * his fireside; but when they branch out and become heads of new establishments they cease to be part of the father's family." (Op. Atty. Gen., July 12, 1907, 26 Op., 303.) Separation merely for the purpose of avoiding the family prohibition of the civil-service act would not be a genuine separation. (Minute of the commission, Feb. 17, 1914.) Section 9 of the civil-service act does not apply to mandatory reinstatements under the Act of Feb. 25, 1919. It does apply, however, to reinstatements under Civil Service Rule IX. (Op. Atty. Gen., Apr. 11, 1919.) Section 9 of the civil-service act, restricting the appointment of members of the same family, does not apply to certifications from reemployment registers. (Minute of commission, July 1, 1919.) Where a person has been certified, two or more members of whose family are already in the classified service, the Civil Service Commission may, at any time prior to appointment, correct the mistake in certification; but after an appointment has been made and has been accepted by the appointee, without any fraud on his part or concealment of material facts, and the matter involved is not jurisdictional, it is then too late for the commission to attempt to correct its certification. "The provision in question declares that a person shall be ineligible for appointment to any of the grades covered by the act if there are already two or more members of his family in the public service in those grades; but it does not declare that the appointment of such a person shall be void June 5, 1913, 30 Op., 169. Atty. Gen., and of no effect." ing to excepted positions the provisions of section 9 of the civil-service act forbidding the appointment of more than two members of a family in the grades covered by the civil-service act, and in view of an opinion rendered by the Attorney General June 23, 1913, that section 6 of the act of August 24, 1912, requiring reasons to be stated in writing and an opportunity given for reply before removal from the "classified civil service," does not apply to excepted positions, the term "classified civil service" in such legislation being used in the more popular sense of competitive service, the commission hereby holds that appointments to excepted positions are not subject to the restrictions of said section 9 of the civil-service act. The contrary holding in minute 4 of November 26, 1910, and such part of minute 3 of March 28, 1913, as is inconsistent with the principle involved in this ruling, are hereby revoked. (Minute of commission, June 15, 1914.) This section applies to appointments under Schedule B of the civil-service rules. (Minute of commission, May 6, 1915.) Section 9 of the civil-service act, forbidding the appointment of more than two members of a family in the classified service, will hereafter be held not to apply to temporary employees, which heretofore have been held (minutes of July 9, 1909, and Mar. 25, 1912) by the commission as coming within the prohibition of the statute. (Minute of commission, Mar. 6. 1917.) In an opinion of July 30, 1918, the Attorney General held that the appointment in the War Department of Miss Sophie B. Goldman was illegal, as there were at the time of her appointment two members of her family in the classified service, one of whom entered the service subsequent to her examination. It was also held that the removal of residence after appointment for the purpose of evading the disability imposed by section 9 did not seem adequate, nor fairly within the ruling of the Attorney General in his decision of July 12, 1909 (26 Op., 303), that a bona fide removal from the family rooftree and the setting up of a separate establishment excludes the person so removing from the family within the meaning of the statute so as to make a subsequent appointment valid. In view of the impracticability, on account of the manner in which the appointments are made, of fully apply Recommenda- SEC. 10. That no recommendation of any person who of Con-shall apply for office or place under the provisions of this tion by Members gress. act which may be given by any Senator or Member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act. sessments and SEC. 11. That no Senator, or Representative, or Terri- Political astorial Delegate of the Congress, or Senator, Representa- contributions. tive, or Delegate elect, or any officer or employee of either of said Houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military, or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any depaitment, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. Sections 11 to 15, inclusive, of the civil service act are reenacted in sec tions 118 to 122 of the Criminal Code (35 Stat., 1110). SEC. 12. That no person shall, in any room or building Solicitation. occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose what ever. This section is now embodied in sec- 1110), in effect January 1, 1910. tion 119, Criminal Code (35 Stat., rank or com SEC. 13. No officer or employee of the United States Change of mentioned in this act shall discharge, or promote, or de-pensation. grade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. This section is now embodied in sec- 1110), in effect January 1, 1910. tion 120, Criminal Code (35 Stat., litical objects. SEC. 14. That no officer, clerk, or other person in the Gifts for poservice of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. This section is now embodied in sec- 1110), in effect January 1, 1910. tion 121, Criminal Code (35 Stat., Penalty. SEC. 15. That any person who shall be guilty of violating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court. This section is now embodied in section 122, Criminal Code (35 Stat., 1110), in effect January 1, 1910. Section 335, Criminal Code (35 Stat., Approved January 16, 1883. 1152), provides that all offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. ADMINISTERING OATHS. Members of the Civil Service Commission and its duly Authority. 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.) 11 Hours of labor in executive departments. STATUTES AFFECTING LEAVE OF ABSENCE AND HOURS OF LABOR. SEC. 7. * * * Hereafter it shall be the duty of the heads of the several executive departments, in the interest of the public service, to require of all clerks and other employees, of whatever grade or class, in their respective departments, not less than seven hours of labor each day, except Sundays and days provided public holidays by law Annual leave. or Executive order: Provided, That the heads of the departments may, by special order, stating the reason, further extend the hours of any clerk or employee in their departments, respectively; but in case of an extension it shall be without additional compensation: Provided further, That the head of any department may grant thirty days' annual leave with pay in any one year to each clerk or employee: And provided further, That where some member of the immediate family of a clerk or employee is afflicted with a contagious disease and requires the care and attendance of such employee, or where his or her presence in the department would jeopardize the health of fellow clerks, and in exceptional and meritorious cases, Limit with where a clerk or employee is personally ill, and where to limit the annual leave to thirty days in any one calendar year would work peculiar hardship, it may be extended in the discretion of the head of the department, with pay, not exceeding thirty days in any one case or in any one calendar year. Extensions for illness, etc. pay. Pay after leave. to stop This section shall not be construed to mean that so long as a clerk or employee is borne upon the rolls of the department in excess of the time herein provided for or granted that he or she shall be entitled to pay during the period of such excessive absence, but that the pay shall stop upon the expiration of the granted leave. (30 Stat., 316, Mar. 15, 1898.) "The act of March 15, 1898 (30 Stat., 316), and the acts amendatory thereof governing the subject of leaves of absence in the executive departments, do not entitle employees to leaves of absence as a matter of right, but simply authorize the heads of departments, in their discretion, to grant leaves of absence with pay within the limits therein fixed. In the exercise of their discretion the heads of departments may make the granting of leaves of absence dependent upon good conduct or faithful service, or, under proper conditions, may refuse to grant any leaves, and, of course, they make the matter of granting leaves the subject of general regulations. Such regulations, when duly promulgated, and not in conflict with the law on the subject, are binding on all employees concerned, who |