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 1110), in effect January 1, 1910. section 120, Criminal Code (35 Stat., Gifts for political objects. 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. This section is now embodied in section 121, Criminal Code (35 Stat. Penalty. 1110), in effect January 1, 1910. 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., 1152), provides that all offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. Approved January 16, 1883. 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. Annual leave. STATUTES AFFECTING LEAVE OF ABSENCE * 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 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 Extensions for 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. illness, etc. pay. Pay to stop after granted leave. 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 dis cretion 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, 12 are binding on all employees concerned, who are chargeable with the knowledge of the existence of such regulations." (XXII Dec. of Comp. of Treas., 103; decision of Aug. 23, 1915.) It is hereby ordered that from June 15 to September 15 of each year until further notice, four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays for all clerks and other employees of the Federal Government, wherever employed; and all Executive or other orders in conflict herewith, except the Executive order of April 4, 1908, relating to certain naval stations, are hereby revoked. Provided, however, that this order shall not apply to any bureau or office of the Government, or to any of the clerks or other employees thereof, that may for special public reasons be excepted therefrom by the head of the department having supervision or control of such bureau or office, or where the same would be inconsistent with the provisions of existing law. (Executive order of June 9, 1914.) Limit to eight and mechanics on work. SECTION 1. That the service and employment of all Hours of labor. laborers and mechanics who are now or may hereafter hours for laborers be employed by the Government of the United States, by Government the District of Columbia, or by any contractor or subcontractor upon any of the public works of the United States or of the 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 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.) lation by officer or contractor. SEC. 2. That any officer or agent of the Government of Penalty for viothe 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 AFFECTING THE CLASSIFIED SERVICE.1 DIRECTORY STATUTES.2 President's au- SEC. 1753. The President is authorized to prescribe thority to pre concerning ap scribe regulations such regulations for the admission of persons into the pointment. civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of 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. (R. S., act of Mar. 3, 1871.) Departmental regulations. 66 SEC. 161. The head of each department is authorized to prescribe regulations not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. (R. S., act of Aug. 15, 1876.) The regulation of a department of the Government is not, of course, to control the construction of an act of Congress when its meaning is plain, but when there has been a long acquiescence in a regulation, and by it rights of parties for many years have been determined and adjusted, it is not Clerkships open to women. 14 to be disregarded without the most cogent and persuasive reasons." (Robertson v. Downing, May 14, 1888, 127 U. S., 613.) (Upon this general subject see also Opinions of Attorneys General: 10 Op., 469; 11 Op., 109; 15 Op., 94; 22 Op., 167; and 22 Op., 266.)3 SEC. 165. Women may, in the discretion of the head of any department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensation, as are prescribed for men. (R. S., act of July 12, 1870.) 1 For statutes permitting appointments without reference to the civilservice act, see p. 81. 2 These statutes either authorize or direct certain ways of conducting the public business which falls within the purview of the civil-service act and rules, and depend upon administrative discipline for their enforcement. 3 The general subject of the legal force of regulations is treated at length in " Remarks on the Army Regulations and Executive Regulations in General," by G. Norman Lieber, Judge Advocate General, United States Army (1898). |