officers to make.

Act, sec. cl. 2, par. 8.

RULE XIII.-REPORTS OF CHANGES.

Appointing 1. Every nominating or appointing officer in the execu2, tive civil service shall report in detail to the commission, whenever and in such manner as it may prescribe, all changes in the service under his authority, whether they affect positions or employees that are classified, unclassified, excepted, permanent, temporary, or subject to contract.

List of positions.

of duties of laborers.

all 2. Such officers shall also furnish to the commission, when requested, a list of all the positions and employments under their authority, together with the names, designations, compensations, duties, and dates of appointment or employment of all persons serving therein. Statements 3. Reports of appointments and changes in status of mere laborers or workmen shall be accompanied by a statement setting forth specifically the kind of labor performed in detail sufficient to enable the commission to determine the status of each position as classified or unclassified; and a similar statement of duties performed by any employee or pertaining to any position in the executive civil service shall be furnished to the commission on request. All essential changes of duties perChanges of du-taining to persons appointed as mere laborers or workmen without examination under the civil-service rules shall be at once reported to the commission.

ties.

Duty of officers and employees in regard to.

Act, sec. 2, cl. 4.

See notes under Rule II, section 5.

RULE XIV.-TESTIMONY.

It shall be the duty of every officer and employee in the executive civil service, and of every applicant or eligible for a position therein, to give to the commission, or its authorized representatives all proper and competent information and testimony in regard to matters inquired of arising under the civil-service act and rules, and to subscribe such testimony and make oath or affirmation to the same before some officer authorized by law to administer oaths.

It is within the power of the President so to modify the civil-service rules as to impose upon all officers and employees in the public service the duty of giving to the commission or its authorized representatives all proper and competent information in regard to all

matters inquired of and to subscribe to and make oath to such testimony before some officer authorized by law to administer oaths. The imposition of such a duty upon every officer and employee in the public service is neither unreasonable nor unsuitable. It is clearly within

the exercise of the executive power, and its legality can not be doubted. (Opinion Atty. Gen., Dec. 2, 1901, 23 Op., 595.)

A per diem employee of the Frankford Arsenal, Philadelphia, Pa., absent from duty three and one-fourth hours. under a summons, in giving testimony concerning alleged violations of the civil-service regulations, was denied payment for the time he was away from his regular work, because the duty performed in giving testimony was considered by the Ordnance Department as

having no relation to his service as an employee therein. The Comptroller of the Treasury held, however, that he "should be treated as in a duty status and as in the performance of duty under his employment in going, returning, and attending on the commission, and should be paid the pay due him for such time from the appropriation for the Ordnance service governing his employment." (Decision, Compt. Treas., Aug. 17, 1911. See also 17 Comp. Dec., 584; 5 Comp. Dec., 797; 9 Comp. Dec., 276.)

RULE XV.-WITHHOLDING SALARY.

conditional upon

ment.

appoint

If the commission shall find that any person is holding Compensation a position in violation of the civil-service act or of the legal rules promulgated in accordance therewith, it shall, after Act, sec. 7. notice to the person affected and an opportunity for explanation, certify the facts to the proper appointing officer. If such person be not dismissed within 10 days thereafter, it shall certify the facts to the proper disbursing and auditing officers, and such officers shall not pay or audit the salary or wages of such person thereafter accruing: Provided, That if a question of law respecting the power to appoint or employ is raised in any such case, the President or the head of a department may obtain the opinion of the Attorney General thereon.

"The decisions are uniform that one claiming salary must prove his legal title to the office and that an officer de facto can not maintain an action for salary." (Glavey v. U. S., 35 Ct. Cls., 242, citing Romer v. U. S., 24 Ct. Cls., 336; Stratton 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 appointinent. (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 navy-yard regulations. (Opinion Atty. Gen., July 6, 1909, 27 Op., 446.)

SCHEDULE A.

CLASSIFIED POSITIONS EXCEPTED FROM EXAMINATION UNDER RULE II, SECTION 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 when in the opinion of the Civil Service Commission it is not practicable to treat the position as in the competitive classified service; 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.3

8. Positions the duties of which are of a quasi military or quasi naval character, when in the opinion of the commission they can not be filled from registers of eligibles.* 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.. 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.

1 See positions also excepted by law and by Executive order from examinations and the civil-service act and regulations on pp. 83, 79.

As amended Oct. 14, 1911.
As amended May 31, 1919.
As amended Jan. 10, 1918.

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 driver2 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.

15. All officers and employees in the Federal service upon the Isthmus of Panama, except those who are to perform the duties of clerk, bookkeeper, stenographer, typewriter, surgeon, physician, trained nurse, or draftsman. Appointments to clerical positions on the Isthmus of Panama paying not more than $75 3 in gold per month may be made without examination under the civil-service rules.

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.7

4. Revoked.8

5. One private secretary or confidential clerk to the superintendent in each mint and in the assay office at New York.9

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. In the Public Health Service: Attendants employed at not more than $75 per month at quarantine stations and at not more than $50 per month at other hospitals and sanatoriums in the United States or at any salary elsewhere; scientific assistants employed temporarily for periods not to exceed six months, or longer with

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

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

3 The Executive order of Nov. 16, 1918, amended this section so as to permit appointments to clerical positions in the Federal service on the Isthmus of Panama paying not more than $106 a month without examination under the civil-service rules, this exception to continue only so long as the unusual conditions due to the present war exist and no longer than six months from the end of the war.

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

As amended Aug. 24, 1912, and Mar. 22, 1917.

As amended Aug. 24, 1912.

7 As amended June 12, 1911.

Storekeepers and gaugers, Internal-Revenue Service, whose compensation did not exceed $3 per diem when actually employed and whose aggregate compensation did not exceed $500 per annum were excepted from examination. This provision was revoked in view of the decision of the department to make no further appointments. (Executive order, Feb. 21, 1917.)

As amended Feb. 20, 1913.