October 30, 1913. Mr. J. Leo Skelly, of New Jersey, may be appointed as automobile expert in the Post Office Department, without reference to the requirement of examination under the civil-service rules. This order is issued at the suggestion of the Postmaster General that, owing to the recent purchase of a large number of cars for the parcel-post service, and the fact that Lieut. Herman Kotzschmar, jr., of the Revenue Cutter Service, who has been acting in the capacity of automobile expert for the Post Office Department, has been ordered to sea duty, the services of an expert are all the more necessary. The Civil Service Commission does not recommend that an Executive order be issued in this case. APPOINTMENTS AUTHORIZED, WITHOUT COMPETITION, UNDER EXECUTIVE ORDER OF DECEMBER 1, 1910, AND PARAGRAPH 15, OF SUBDIVISION I OF SCHEDULÉ A. UNDER ORDER OF DECEMBER 1, 1910. Dr. Leo J. Fractenberg. (Minute 2, Feb. 5, 1913.) The Secretary of the Smithsonian Institution requested approval of the appointment of Dr. Fractenberg as a special ethnologist in the Bureau of American Ethnology to conduct linguistic reasearches among the Indians of Washington and Oregon in connection with the preparation of the "Handbook of American Indian Languages." The Secretary stated that Dr. Fractenberg is the only person competent to conduct the investigation by reason of special training and knowledge of the languages indicated. He had passed the examination for ethnologist. Edward Bell. (Minute 1, Feb. 5, 1913.) The Secretary of State requested approval of the appointment of Mr. Bell as clerk at $1,000, effective October 14, 1912, stating that he served nearly two years as deputy consul general and vice and deputy consul general at Cairo, Egypt, and that after passing the prescribed diplomatic service entrance examination he was appointed on March 2, 1911, as secretary of the American Legation at Teheran; and in February, 1912, as secretary of legation at Habana, Cuba. In view of his experience his appointment in the Latin American Division was desired. Alexander R. Magruder. (Minute 1, Feb. 5, 1913.) The Secretary of State requested approval of the appointment of Mr. Magruder as a clerk of class 3, effective December 13, 1912, in the Latin American Division of the department, in view of his experience in Latin America. Mr. Magruder, after taking the prescribed diplomatic service examination was, in August, 1909, appointed secretary of the legation to Paraguay and Uruguay; later was second secretary of the embassy at Rome; and on June 5, 1912, was appointed secretary of legation at Lima, Peru. John McClure. (Minute 1, Feb. 21, 1913.) The War Department requested approval of the appointment of Mr. McClure as a clerk at $6 per diem in the Engineer Department at Philadelphia. The department stated that Mr. McClure, who served in the Engineer Department from 1897 to 1905 as recorder and clerk, is probably better qualified than any other person who could be employed and that it was impracticable to fill the position by transfer or original appointment, because of the absence of persons with the requisite experience. Herbert D. Brown. (Minute 2, Mar. 22, 1913.) Mr. Brown was appointed chief of the Division of Efficiency of the Civil Service Commission at $4,000 per annum. He had several years' experience in law, railroad, and insurance offices. He held a position in the Geological Survey with the mining census, from which he was transferred to the Bureau of the Census. He was an examiner in the Bureau of Corporations for one and one-half years, working on oil investigations. He was a member of the Committee on Department Methods known as the Keep Commission, preparing the report on superannuation and working on the retirement bill recommended by the committe of that commission. In 1908, at the request of the House Committee on Civil Service, he was appointed a special agent to direct the work of computing the cost of the establishment of a retirement plan. He prepared for the Bureau of Labor reports on the retirement systems of Great Britain, New Zealand, and New South Wales. He was employed by the Joint Commission of Congress to Investigate and Report on the Subject of Fidelity Bonds of Federal Employees. During the two years preceding his present appointment he was employed by the President's Economy and Efficiency Commission to work out various problems connected with the personnel of the service. The qualifications required in the position and possessed by Mr. Brown, in the judgment of the commission, are so unusual that the position can not in the interest of the service be filled through competitive examination. Walter S. Winn. (Minute 2, Apr. 2, 1913.) The appointment of Mr. Winn as assistant engineer in immediate charge of the improvements of the Tennessee River was approved in accordance with the request of the War Department and on its representation that an experience in this work of nearly 18 years ending in 1909, had especially fitted Mr. Winn for it and that it would take at least five years' experience for the ordinary engineer to acquire the familiarity with the methods of improvement by river regulation as carried on in the Tennessee River. Jefferson Caffery. (Minute 3, June 20, 1913.) Mr. Caffery was appointed as a clerk, class 1, in the Latin American Division of the Department of State to perform diplomatic work. He was at the time of this appointment and since March 2, 1911, secretary of the American Legation at Caracas, having entered his diplomatic position through the examination held for appointment to that service. Rutherfurd Bingham. (Minute 1, Sept. 5, 1913.) The Department of State in its request for approval of the appointment of Mr. Bingham as a clerk of class 1 in the Division of Latin American Affairs stated that he is a graduate of the Massachusetts Institute of Technology and was appointed after the regular diplomatic service examination as secretary of the legation at Quito on March 2, 1911. Jordan Herbert Stabler. (Minute 1, Sept. 5, 1913.) The Department of State, in its request for approval of the appointment of Mr. Stabler to a clerkship at $1,000 in the Division of Latin American Affairs, stated that he is a graduate of Johns Hopkins, and also took courses at the University of Maryland, the Sorbonne, and the College de France; acted as private secretary to the minister at Brussels, and was appointed, after examination, secretary of the legation at Quito, June 28, 1909; second secretary of the embassy at Berlin, March 2, 1911; secretary of the legation at Guatemala, July 6, 1911; and secretary of legation at Stockholm, February 1, 1912. Freight classification expert. (Minute 2, Oct. 18, 1913.) It is the desire of the Interstate Commerce Commission to undertake the work of establishing a uniform classification of freight for rate-making purposes. The work requires a person not only well versed in freight classification, but capable of representing the Interstate Commerce Commission at the meetings of the different classification committees. The requirements of the position and the qualifications necessary in the appointee are most peculiar and unusual, as set forth in connection with the request. In view of the fact, the action desired was authorized by the Civil Service Commission. Ignatius D. O'Donnell. (Minute 1, Oct. 27, 1913.) The Interior Department in its request for approval of the appointment of Mr. O'Donnell as a supervising farmer at $10 per diem in the Reclamation Service stated that the Secretary of the Interior while on an official tour of the West had personally selected him on account of his unusual qualifications and special fitness for the work. The Director of the Reclamation Service has known Mr. O'Donnell for 20 years as an exceptionally able man and successful irrigator. UNDER SCHEDULE A, SUBDIVISION I, PARAGRAPH 15, CIVIL-SERVICE RULES. John R. Malloch. (Minute 12, Mar. 28, 1913.) In response to the request of the Department of Agriculture for authority to extend the temporary employment of Mr. Malloch as an expert who has specialized in the study of certain forms of diptera, especially certain microscopic varieties, the commission authorized his permanent appointment, the requirements being of a nature to preclude the possibility of securing very wide competition. A. B. Gahan. (Minute 3, Apr. 2, 1913.) The appointment of Mr. Gahan, of the Maryland Agricultural College, as entomological assistant qualified in the work of determining parasitic hymenoptera, at $1,800 per annum, in the Department of Agriculture, was allowed under paragraph 15, Subdivision I of Schedule A, the requirements of the position involving such unusual duties and qualifications that it was not deemed practicable and in the interests of the service to attempt to fill the position through competitive examination. The Chief of the Bureau of Entomology states that among his wide acquaintance throughout the United States Mr. Gahan is the only one who is qualified for the work to be done. Dr. Adam G. Boving. (Minute 1, Apr. 10, 1913.) The Department of Agriculture in its request for approval of the appointment of Dr. Boving as an expert for assignment to special research work on the larvae of forest coleoptera and general anatomy of insects, stated that he had received degrees of B. A., B. Ph., and Ph. D. from the University of Copenhagen; was an assistant curator in the Royal Zoological Museum in Copenhagen; accompanied the Zoologic and Geologic Expedition to Iceland in 1907, and that it was evident no one in Europe or America was so eminently qualified for the work to be done. John M. Aldrich. (Minute 2, May 26, 1913.) The Department of Agriculture, in its request for approval of the appointment of Mr. Aldrich as an entomological assistant for assignment as an expert in diptera at $1,800, set forth his wide experience and abilities and stated that there was no other person available in the United States who had had the training and experience possessed by him. A list of several publications and a publication of 680 pages by him were submitted in evidence of his qualifications. Elmer J. Briggs. (Appointed June 2, 1913.) The War Department reported the appointment of Mr. Briggs as aeronautical-engine expert at $1,500 per annum in the Signal Service at Large, College Park, Md. The commission under date of December 28, 1912, decided to treat the position as excepted because of its peculiar requirements. F. W. Popenoe. (Minute 5, June 10, 1913.) The Department of Agriculture, in its request for approval of the appointment of Mr. Popenoe as agriculturist explorer at $1,800 in the Bureau of Plant Industry for service in India and China, stated that he had just returned from an exploring trip into Arabia, Persia, and India, and that it would be almost impossible to find another man as well equipped for the work. Prof. Charles F. Burgess. (Minute 2, July 9, 1913.) Prof. Burgess was appointed for service on the advisory board of the Forest Products Laboratory as an expert at $10 a day when actually employed, total pay not to exceed $500 in one year. Prof. Burgess is president of the Northern Chemical Engineering Laboratory, a member of many scientific societies, and a chemical engineer of renown. Prof. L. R. Ingersoll. (Minute 2, July 9, 1913.) Prof. Ingersoll was appointed on the advisory board of the Forest Products Laboratory as an expert at $10 per diem, when actually employed, not to exceed $500 in any one year. He holds the degrees of B. S. and Ph. D. from Colorado College and the University of Wisconsin, respectively. He is a member of scientific societies, was the recipient of two grants from the Rumford fund of the American Academy of Arts and Sciences, and was selected for the Smithsonian Expedition to Mount Wilson in 1905, 1906, and 1909. He is at present associate professor of physics in the University of Wisconsin. Dan M. Baker. (Minute 2, July 24, 1913.) The Department of Justice, in its request for approval of the appointment of Mr. Baker as Creek and Seminole interpreter, office of the Special Assistant to the Attorney General, at Wewoka, Okla., indicated that the usefulness of the Government's representative in the administration of Indian affairs might be utterly destroyed if the position under consideration were thrown open to all aspirants. Absolute trustworthiness is of supreme importance and Mr. Baker, during his temporary service of three months, had proved himself a confidential employee in the highest sense of the term. Jacob L. Bailey. (Appointed Aug. 20, 1913.) The War Department reported the appointment of Mr. Bailey as aeronautical-engine expert at $1,500 in the Signal Service at Large, San Diego, Cal. The commission on December 28, 1912, decided to treat this position as excepted because of its peculiar requirements. Prof. John O. Snyder. (Minute 2, Sept. 27, 1913.) The Smithsonian Institution, in its request for approval of the appointment of Prof. Snyder as expert to revise and reorganize its collection of fishes, stated that persons having the knowledge necessary for the work, which is expected to continue for a year, are very rare, the work requiring, among other things, an intimate knowledge of the fishes of the world and the literature relating to them. Prof. W. C. Purdy. (Minute 10, Oct. 23, 1913.) The commission authorized the appointment of Prof. Purdy as planktonologist at $125 per month in the Hygienic Laboratory, Public Health Service, in connection with investigations carried on by the laboratory with reference to the sewage pollution of the Potomac River. Prof. W. T. Sedgwick, of the Massachusetts Institute of Technology, mentioned Prof. Purdy and two other professors as best qualified and expressed the opinion that examination would be useless. INVESTIGATIONS OF ALLEGED VIOLATIONS OF THE CIVIL-SERVICE LAW AND RULES. POLITICAL ASSESSMENTS AND POLITICAL ACTIVITY. During the presidential campaign of 1912 reports of activity of Government employees in the State political and semipolitical clubs in Washington led the commission to make an inquiry and to issue the following warning in the shape of a letter sent to the heads of all departments and independent offices on October 31, 1912: The attention of the commission has been called to the fact that certain persons in the competitive classified service in the District of Columbia are rendering service as delegates of State political or semipolitical clubs or associations to a league of political clubs. Inasmuch as such service is violative of section 1 of Rule I, the commission requests that the following statement regarding membership in political clubs and other political organizations be brought to the attention of all officers and employees under your jurisdiction. Competitive classified employees may be members of political clubs, but it is improper for them to be active in the organization of such a club, to be officers or members of a committee thereof or act as such, or to address a political club. These general lines indicate the activity forbidden to the employee as a member of such clubs. Service as a delegate from such a club to a league of political clubs is service as an officer or representative of a political club and is prohibited under the rule. It is permissible for an employee to become a member of a State political club, but he may not serve as a delegate or representative of that club to or in any other organization. In other words, he may become a member of a political club, but may not take an active part in its management or affairs and may not represent other members or attempt to influence them by his public actions or utterances. Unclassified laborers are by departmental orders subject to the same restrictions. It has further been brought to the attention of the commission that certain officers and employees not in the competitive classified service have been or are acting in the capacity of treasurer of local State political organizations. While persons not in the competitive classified service are not subject to the prohibitions of section 1 of Rule I, the commission desires to invite attention to the fact that the statutes concerning the solicitation or receipt by one officer or employee of political contributions from another officer or employee apply with equal force to all who serve the United States, whether classified or unclassified. By thus serving in the capacity of treasurer of a political club any officer or employee receiving from another officer or employee who is a member of the club any fees or dues or other contribution for a political purpose thereby renders himself liable to prosecution for violation of section 118 of the Criminal Code of the United States, and the member so paying him such fees or dues or other contribution for a political purpose violates section 121 of the Criminal Code. BRIEF OF INVESTIGATIONS. ALABAMA. Birmingham, case of Robert E. Sims and F. M. McAlpine, letter carriers. Date of charge: February 24, 1912. Result: A joint investigation was made by representatives of the commission and the Post Office Department, and a letter from which the following is an extract was written to the Post Office Department on October 26, 1912: "It appears that in 1908 Robert E. Sims, a letter carrier, attended a county convention as a delegate, and that he was elected in August or September, 1911, at a beat meeting as a delegate to a county convention but did not serve. This convention was declared premature, and on February 17, 1912, another beat meeting was held at which delegates were again chosen for a county convention, his name being among the number. He states that he made no effort to secure his election as delegate, but on the other hand it appears that he acquiesced therein and made no effort to prevent it. It further appears that in both of these beat meetings he was elected secretary and that in the last meeting he performed service as such. In extenuation he declares that it was not until after he was elected delegate in February, 1912 that he read in a newspaper something which indicated that such service might be contrary to the civil-service rules, and he thereupon declined to serve as delegate and did not attend the county convention. Mr. Sims has served in the post office at Birmingham since July 9, 1900. Since that time, in addition to the numerous circulars of warning which have been issued by this commission and by the department, the commission has conducted several investigations of the political activity of Federal officers and employees at Birmingham, all of which warnings and investigations have received considerable newspaper or other publicity, and Mr. Sims' statement that he was unaware of the fact that his actions were in violation of the rule can not be credited. "It appears from the report of the investigators that F. M. McAlpine, a carrier, attended the beat meeting of February 17, 1912, and assisted in the preparation of resolutions to be acted upon at that meeting. He was also elected alternate delegate to the county convention, though he states he was not aware of it until the investigators questioned him. It does not appear that he attended the convention as such alternate delegate. "The commission requests that, as a penalty for the violations of section 1 of civil-service Rule I above mentioned, the salary of Robert E. Sims be reduced for a period of six months, and that F. M. McAlpine be admonished that his action in assisting in the preparation of resolutions to be acted upon by a political meeting was a violation of the rule and that he must refrain from such violation in the future." The department in reply expressed the opinion that the reduction in the case of Sims would be unduly drastic and stated the employees would be admonished to strictly observe the civil-service rules concerning political activity. Florence, case of Lewis T. Farrar, assistant postmaster. Charge: Talking politics and expressing political opinions to office force and at the stamp and money-order windows of the post office and on the streets. Date of charge: May 9, 1912. Result: Mr. Farrar admitted the charge and the commission requested the Post Office Department to reprimand him and warn him to refrain from violating the rule. The department replied that on investigation it was found he had not a clear understanding of the limitations imposed on classified employees by the rules, and that he had been warned to refrain in the future from political activity and such conduct as would subject him to public criticism. Tuscaloosa, case of Ned Morton, assistant postmaster, and Charlie McGee, substitute carrier. Charge: Political activity. Date of charge: May 6, 1912. Result: Similar charges were presented to the department in February and were investigated by a post-office inspector, who reported that McGee had been unduly influenced to become actively interested in support of Mr. Morton's political aspirations. He recommended that Mr. Morton be removed. On receipt of the further complaint forwarded to the commission a joint investigation was made by representatives of the commission and the Post Office Department. Mr. Morton admitted that he attended a county convention in August, 1911, introduced a resolution therein, was elected an alternate delegate to the State convention, and attended the State convention; that at the time of a second county convention, February 24, 1912, he requested leave of absence for the purpose of attending, which was denied, and thereupon he called some of his friends together and asked them to go to the convention, putting them in charge of a political lieutenant, with the result that these friends bolted from the convention and elected him and two others as delegates to the State convention; that he asked for leave to attend such State convention, |