cial, 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 department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States. SEC. 12. That no person shall, in any room or building 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 whatever. or compensa SEC. 13. No officer or employee of the United States mentioned in Change of rank this act shall discharge, or promote, or degrade, or in any manner tion. 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. SEC. 14. That no officer, clerk, or other person in the service 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. SEC. 15. That any person who shall be guilty of violating any pro- Penalty vision 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. Approved, January 16, 1883. SECTIONS OF REVISED STATUTES AND OF STAT- SEC. 1753. The President is authorized to prescribe such regulations President's authority to prefor the admission of persons into the civil service of the United States scribe regula as may best promote the efficiency thereof, and ascertain the fitness of tions concerning appointment. each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service. ment. SEC. 1754. Persons honorably discharged from the military or naval Veteran preferservice by reason of disability resulting from wounds or sickness ence in appointincurred in the line of duty, shall be preferred for appointments to civil offices, provided they are found to possess the business capacity necessary for the proper discharge of the duties of such offices. SEC. 1755, R. S. In grateful recognition of the services, sacrifices, and sufferings of persons honorably discharged from the military and naval service of the country, by reason of wounds, disease, or the expiration of terms of enlistment, it is respectfully recommended to Veteran, erence pointment. pref in ap Preference in force. bankers, merchants, manufacturers, mechanics, farmers, and persons engaged in industrial pursuits to give them the preference for appointments to remunerative situations and employment. SEC. 3. * Provided, That in making any reduction of force reduction of in any of the Executive Departments, the head of such department shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. (19 Stats., 169.) Employment of labor in navy yards. SEC. 1544, R. S. Labor shall be employed in the several navy-yards by the proper officers in charge with reference to skill and efficiency, and without regard to other considerations. Political conSEC. 1546, R. S. No officer or employee of the Government shall tributions and discrimination. require or request any workingman in any navy-yard to contribute or pay any money for political purposes, nor shall any workingman be removed or discharged for political opinion; and any officer or employee of the Government who shall offend against the provisions of this section shall be dismissed from the service of the United States. Bribery. Penalty. Soliciting con tributions or receiving gifts. Legal resi SEC. 1781, R. S. Every Member of Congress or any officer or agent of the Government who, directly or indirectly, takes, receives, or agrees to receive, any money, property, or other valuable consideration whatsoever, from any person for procuring or aiding to procure, any contract, office, or place from the Government, or any Department thereof, or from any officer of the United States, for any person whatever, or for giving any such contract, oflice, or place to any person whatsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring, or aiding to procure, any such contract, office or place; and every Member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may be there pending, or may under the Constitution be brought before him in his official capacity, or in his place as such Member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely null and void; and any Member of Congress or officer convicted of a violation of this section, shall, moreover be disqualified from any office of honor, profit, or trust under the Government of the United States. SEC. 1784, R. & No officer, clerk, or employee in the United States Government employ shall at any time solicit contribution from any other officer, clerk, or employee in the Government service for a gift or present to those in a superior official position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily discharged from the Government employ. (Par. 1.) That hereafter every application for examination dence-certif before the Civil Service Commission for appointment in the departcate of proper mental service in the District of Columbia, shall be accompanied by a officer. certificate of an officer, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of making such application, an actual and bona fide resident of said county, and had been such resident for a period of not less than six months next preceding; But this provision shall not apply to persons who may be in the service and seek promotion or appointment in other branches of the Government. * (Sup. R. S., vol. 1, p. 772.) upon specific ap That no civil officer, clerk, draughtsman, copyist, messenger, assist- No employment ant messenger, mechanic, watchman, laborer, or other employee shall permitted except be employed in any of the Executive Departments or subor- propriation. dinate bureaus or offices thereof at the seat of Government, except only at such rates and in such numbers, respectively, as may be specifically appropriated for by Congress for such clerical and other personal services for each fiscal year; and no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall hereafter be employed at the seat of Government in any Executive Department or subordinate bureau or office thereof or be paid from any appropriation made for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the purposes of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services; ** * all details of civil officers, clerks, or other subordinate employees from places outside of the District of Colum- within District bia for duty within the District of Columbia, except temporary details of Columbia. for duty connected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries, Lapsed salaor from unused appropriations for salaries, shall be covered into the Treasury. (Sup. R. S., p. 374.) It shall be the duty of the heads of the several Executive Departments of the Government to report to Congress each year in the annual estimates the number of employees in each bureau and office and the salaries of each who are below a fair standard of efficiency. (Sup. R. S., p. 773.) Details from outside for duty ries. Annual reports to Congress. Prohibition of * Hereafter no Department or officer of the United States shall accept voluntary service for the Government or employ personal voluntary service except in emerservice in excess of that authorized by law except in cases of sudden gencies. emergency involving the loss of human life or the destruction of property. (Act of May 1, 1884, Vol. 23, Stat. L., p. 17.) SEC. 7. That section five of the act making appropriations for legislative, executive, and judicial expenses, approved March third, eighteen hundred and ninety-three, is hereby amended to read as follows: Hours of labor in the Executive "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 declared public holidays by law or Execu- Departments. tive 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 Leaves of abfurther, That the head of any Department may grant thirty days' annual leave with pay in any one year to each clerk or employee: And providea further, That where some member of the immediate family of a , sence. Monthly reports to heads of 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, 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. "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. "Hereafter it shall be the duty of the head of each Executive Departments. Department to require monthly reports to be made to him as to the condition of the public business in the several bureaus or offices of his Department at Washington; and in each case where such reports disclose that the public business is in arrears, the head of the Department in which arrears exist shall require, as provided herein, an extension of the hours of service to such clerks or employees as may be necessary to bring up such arrears of public business. Quarterly reports to the President. Holding of two offices forbidden, "Hereafter it shall be the duty of the head of each Executive Department, or other Government establishment at the seat of government, not under an Executive Department, to make at the expiration of each quarter of the fiscal year a written report to the President as to the condition of the public business in his Executive Department or Government establishment, and whether any branch thereof is in arrears. (Legislative, executive, and judicial appropriation act, approved March 15, 1898.) No person who holds an office the salary or annual compensation where salary of attached to which amounts to the sum of two thousand five hundred either is $2,500. dollars shall be appointed to or hold any other office to which compensation is attached unless specially heretofore or hereafter specially authorized thereto by law; but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or whenever the President shall appoint them to office by and with the advice and consent of the Senate. (Legislative, executive, and judicial act approved July 31, 1894, chap. 174, sec. 2.) Promulgating order. CIVIL-SERVICE RULES OF MAY 6, 1896, AMENDED In the exercise of power vested in him by the Constitution, and of authority given to him by the seventeen hundred and fifty-third section of the Revised Statutes, and by an act to regulate and improve the civil service of the United States, approved January 16, 1883, the President hereby makes and promulgates the following rules, and revokes all others. RULE I. Commission to prescribe regulations. Definitions of terms. 1. The United States Civil Service Commission shall have authority to prescribe regulations in pursuance of, and for the execution of, the provisions of these rules and of the civil-service act. 2. The several terms hereinafter mentioned, wherever used in these rules or the regulations of the Commission, shall be construed as follows: (a) The term "civil-service act" refers to "An act to regulate and improve the civil service of the United States," approved January 16, 1883. (b) The term "classified service" refers to all that part of the executive civil service of the United States included within the provisions of the civil-service act and these rules. (c) The term "grade," in connection with employees or positions, refers to a group of employees or positions in the classified service arranged upon the basis of duties performed without regard to sala ries received. (d) The term "class," in connection with employees or positions, refers to a group of employees or positions in any grade arranged upon the basis of salaries received, in pursuance of the provisions of section 163 of the Revised Statutes and of section 6 of the civil-service act. (e) The term “excepted position" refers to any position within the provisions of the civil-service act, but excepted from the requirement of competitive examination or registration for appointment thereto. RULE II. 1. Any person in the executive civil service of the United States who shall willfully violate any of the provisions of the civil-service act or of these rules shall be dismissed from office. Dismissal for violation of act or rules. interfer ence with elec 2. No person in the executive civil service shall use his official No authority or official influence for the purpose of interfering with an tions. election or controlling the result thereof. No dismissal or change of rank 3. No person in the executive civil service shall dismiss, or cause to be dismissed, or make any attempt to procure the dismissal of, or in any for political or remanner change the official rank or compensation of any other person ligious opinions. therein because of his political or religious opinions or affiliations. etc. 4. No question in any examination, or form of application, shall be No disclosures so framed as to elicit information concerning, nor shall any inquiry ligious opinions of political or rebe made concerning, nor any other attempt be made to ascertain, the of applicants, political or religious opinions or affiliations of any applicant, competitor, or eligible; and all disclosures thereof shall be discountenanced. And no discrimination shall be exercised, threatened, or promised, against or in favor of, any applicant, competitor, or eligible, because of his political or religious opinions or affiliations. tions that can ered. in character. 5. No recommendation of an applicant, competitor, or eligible, Recommendainvolving any disclosure of his political or religious opinions or affilia- not be received, tions shall be received, filed, or considered, by the Commission, by any filed, or consid board of examiners, or by any nominating or appointing officer. 6. In making removals or reductions, or in imposing punishment, Penalties like for delinquency or misconduct, penalties like in character shall be imposed for like offenses, and action thereupon shall be taken irrespective of the political or religious opinions or affiliations of the offenders. 7. A person holding a position on the date said position is classified Status of employees after under the civil-service act shall be entitled to all the rights and ben- classification. efits possessed by persons of the same class or grade appointed upon examination under the provisions of said act. 8. No removal shall be made from any position subject to competitive examination except for just cause and upon written charges filed with the head of the department or other appointing officer and of which the accused shall have full notice and an opportunity to make defense. H. Doc. 314- -8 |