fully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. (Crim. Code, in effect Jan. 1, 1910. See also sec. 5392, R. S.)

Syllabus A willfully false answer by such an applicant, to a question in an application for examination, as to whether he had ever been in the Government employ, and, if so, whether he has resigned or been discharged, is perjury within the Forgery, false writing, etc.

meaning of section 5392, R. S., "as an oath authorized by law." (Johnson v. U. S., 1905, 26 D. Č. App., 128.)

(See also U. S. v. Crandol, 233 Fed., 331.)

SEC. 28. Whoever shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist in the false making, altering, forging, or counterfeiting any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter or publish as true, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to, or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited for the purpose of defrauding the United States, shall be fined not more than one thousand dollars or imprisoned not more than ten years, or both. (Crim. Code, in effect Jan. 1, 1910. See also secs. 5418 and 5479, R. S.)

Where an applicant filed a sworn application for examination and by previous arrangement another person appeared for such examination and filled out the "Declaration sheet, which contained questions concerning the applicant, and signed the applicant's name thereto, Held that:

"Section 5418 (R. S.) literally as well as in spirit covers the case. The offense charged is a grave one; an attempt to prejudice the rights of the

United States in the administration of the civil-service statute. Had the defendants been successful one of them would have obtained a privilege which would have placed him in a favored class and have entitled him to an advantage over others in the appointment to office.

"The privilege is a valuable one and the fraud of the defendants was therefor in prejudice of the Government. The sections under which the defend

district court held that the acts were not frauds against the United States within the contemplation of Revised Statutes, section 5418, and discharged the defendant. The Government excepted and brought the case to this court. It now must be regarded as established that "it is not essential to charge or prove an actual financial or property loss to make a case under the statute." The section covers this case. (Haas v. Henkel, 216 U. S., 462, 480; Curley v. The United States, 130 Fed. Rep. 1; United States v. Bunting, 82 Fed. Rep., 883.) Judgment reversed.

Efficiency rat

This is an indictment for forging vouchers required upon examination by the Civil Service Commission of the United States, certifying to the character, physical capacity, etc., of the applicant, the defendant, and for presenting the same to the commission. The The Civil Service Commission shall, subject to the ing based on perapproval of the President, establish a system of efficiency sonal records to ratings for the classified service in the several executive departments. departments in the District of Columbia based upon records kept in each department and independent establishment with such frequency as to make them as nearly

be established in

motion, demo

tion.

as possible records of fact. Such system shall provide a Ratings for prominimum rating of efficiency which must be attained by tion, and retenan employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions of the civilservice rules. Copies of all records of efficiency shall be Records to comfurnished by the departments and independent estab-mission. lishments to the Civil Service Commission for record in accordance with the provision of this section: Provided, That in the event of reductions being made in the force Retention of in any of the executive departments no honorably dis-charged soldiers charged soldier or sailor whose record in said department is rated good shall be discharged or dropped or reduced in rank or salary.

honorably

and sailors.

for violations.

dis

Any person knowingly violating the provisions of this Punish ment section shall be summarily removed from office, and may also, upon conviction thereof, be punished by a fine of not more than $1,000 or by imprisonment for not more than one year. (37 Stat., 413, act of Aug. 23, 1912, sec. 4.) The Civil Service Commission shall investigate and Commission to report to the President, with its recommendations, as to ministrative the administrative needs of the service relating to per-ments. sonnel in the several executive departments and independent establishments in the District of Columbia and report to Congress details of expenditure and of progress

142329°-19-5

report upon adneeds of depart

of work hereunder at the beginning of each regular session. (37 Stat. L., 750, act of Mar. 4, 1913.)

That hereafter the Division of Efficiency of the Civil Service Commission shall be an independent establishment and shall be known as the Bureau of Efficiency; and the officers and employees of the said division shall be transferred to the Bureau of Efficiency without reappointment, and the records and papers pertaining to the work of the said division, and the furniture, equipment, and supplies that have been purchased for it shall be transferred to the said bureau: And provided further, That the duties relating to efficiency ratings imposed upon the Civil Service Commission by section four of the legislative, executive, and judicial appropriation act approved August twenty-third, nineteen hundred and twelve, and the duty of investigating the administrative needs of the service relating to personnel in the several executive departments and independent establishments, imposed on the Civil Service Commission by the legislative, executive, and judicial appropriation act approved March fourth, nineteen hundred and thirteen, are transferred to the Bureau of Efficiency. (39 Stat., 15, act of Feb. 28, 1916.)

CIVIL-SERVICE RULES PROMULGATED

BY THE PRESIDENT AND LEGAL DECISIONS, WITH NOTES BY THE COMMISSION.

par. 1.

sec. 2,

Promulgating

In the exercise of power conferred by the Constitution, Act, by section 1753, Revised Statutes, and by the civil-service act of January 16, 1883, the President promulgates the following rules in lieu of those promulgated May 6, 1896, and the amendments thereof:

"He [the President] shall have power by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. (Constitution of U. S., Art. II, sec. 2, par. 2.)

"The general rule deducible from this provision [Art. II, sec. 2, of the Constitution] is that, in the absence of an express enactment to the contrary the appointment of any officer of the United States belongs to the President, by and with the advice of the Senate. (Opinion Atty. Gen., June 1, 1911, 29 Op. 116.)

This opinion also held that officers whose appointment is not specifically provided for are to be appointed by the President and confirmed by the Senate if their designations are such as to indicate that they are to perform all the duties which might be performed by a

order.

presidential officer, and that certain technical employees, the manner of whose appointment is not specifically provided for, are properly to be regarded as clerks rather than officers and as coming under section 169 of the Revised Statutes, which authorizes the head of a department to employ such number of clerks, etc., of the several classes recognized by law as may be appropriated for by Congress from year to year.

Congress has power to distribute, at its pleasure, the appointment of inferior officers between the President, courts of law, and heads of departments, or to vest such appointments exclusively in one or two of those depositaries; but it has no power to vest appointments elsewhere, directly or indirectly. (Opinion Atty. Gen., Aug. 31, 1871, 13 Op., 516.)

"The head of a department has no contitutional prerogative of appointment to offices independently of the legislation of Congress, and by such legislation he must be governed, not only in making appointments, but in all that is incident thereto." (U. S. v. Perkins, Jan. 25, 1886, 116 U. S., 483.)

* * *

"The official acts of a previous administration are to be considered by its successor as final so far as the Executive is concerned. This rule may be regarded as settled." (Opinion Atty. Gen., Mar. 20, 1877, 15 Op., 208.)

RULE I.-POLITICS AND RELIGION.

with elections.

1. No person in the executive civil service shall use his No interference official authority or influence for the purpose of interfer

1 Promulgated Apr. 15, 1903, and revised to Aug. 1, 1919. A compilation of the civilservice rules, special orders, and classifications from May 7, 1883 (the date of the first rules under the civil-service act of 1883), to Aug. 16, 1902, will be found at page 161 of the Eighteenth Report of the Commission. A further compilation from Aug. 16, 1902, to Feb. 1, 1904, will be found at page 194 of the Twentieth Report, and each subsequent report contains a similar compilation for the year covered by it.

Act, sec. cl. 2, par. 6. Amendment of June 3, 1907.

2, ing with an election or affecting the results thereof. Persons who by the provisions of these rules are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns.

The rule is * * * clearly authorized by the civil-service law The chief purpose of that law was to take positions in the classified service out of politics, and rules forbidding political discrimination in the appointment or removal of employees in such service are clearly in furtherance of that object, and, in fact, almost essential to the proper enforcement of the law. (Opinion Atty. Gen., Mar. 24, 1916.)

A superior officer is prohibited by the first sentence of this section from requesting or requiring the rendition of any political service or the performance of political work of any sort by subordinates.

Under the regulations for the navyyard service approved December 7, 1912, unclassified laborers are made subject to dismissal for political activity in the same manner as are competitive classified employees. Similar instructions have been issued by other departments placing the same limitations in regard to political activity on laborers in the unclassified service as are applied to competitive employees.

Whenever in the opinion of the Secretary of the Navy a strict enforcement of the provisions of section 1, Rule I, of the civil-service rules would influence the result of a local election the issue of which materially affects the local welfare of the Government employees in the vicinity of any navy yard or station, the Civil Service Commission may, on recommendation of the Secretary of the Navy, and after such investigation as it may deem necessary, permit the active participation of the employees of the yard or station in such local election. In the exercise of the privilege which may be conferred hereunder, persons affected must not neglect their official duties nor cause public scandal by their activity." (Executive order, May 14, 1909.)

"Employees of the executive civil service permanently residing in the following incorporated municipalities adjacent to the District of Columbia will not be probibited from becoming candidates for or holding municipal office in such corporations:

"In Maryland-Takoma Park, Kensington, Garrett Park, Chevy Chase, Glen Echo, Hyattsville, Mount Ranier, Somerset, Capital Heights, Laurel.

"In Virginia-Falls Church, Vienna, Herndon.

"Employees of the executive civil service, qualified to vote at a municipal election of the town of North Beach, Maryland [a summer resort, practically uninhabited during eight months of the year, and inhabited during the other four months almost exclusively by residents of Washington], will not be prohibited from becoming candidates for or holding municipal office in or under such town of North Beach, Maryland.

"This order, which is recommended by the Civil Service Commission, is based upon the facts that a considerable number of the residents and taxpayers of the towns mentioned are employed in the Government service, that service as municipal officers in such town should in no way involve general partisan political activity, and that the principle of home rule and local self-government justifies such participation.' (Executive order, Feb. 14, 1912, as amended by orders of May 5, 1914, May 26, 1914, and Mar. 9, 1918.)

Some of the forms of activity held to be forbidden by this provision are: Candidacy for or service as delegate, alternate, or proxy in any political convention, or as an officer or employee thereof; acting as officer of any political convention or caucus, addressing it, making motions, preparing or assisting in preparing resolutions, representing other persons, or taking any prominent part therein; service on or for any political committee or other similar organization; serving as officer of a political club, as member or officer of any of its committees, addressing such a club, or being active in its organization; service in preparing for, organizing, or conducting a political meeting or rally, addressing such a meeting, or taking any other active part therein except as a spectator; giving public expression to political views, engaging in political discussions or conferences while on duty or in public places, or canvassing a district or soliciting political support for any party, faction, candidate, or measure; offensive activity at the polls at primary or regular elections, soliciting votes, assisting voters to mark ballots, or in getting out the voters on registration and election days, acting as accredited checker, watcher, or challenger of any