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remained upon the books of the Treasury for two fiscal years to be carried to the surplus fund and covered into the Treasury:

Provided, That this provision shall not apply to permanent specific appropriations. *

XI Comp. Dec., 400.

Funds in the hands of disbursing officers. (15 Op. Atty. Gen., 357.)

SEC. 10. [Act of Mar. 4, 1909 (35 Stat., 1027) (sundry civil appropriation act).] The Secretary of the Treasury shall cause all unexpended balances of appropriations which remained on the books of the Treasury on the first day of July, nineteen hundred and four, except permanent specific appropriations, judgments and findings of courts, trust funds, and appropriations for fulfilling treaty obligations with the Indians, to be carried to the surplus fund and covered into the Treasury: Provided, That such sums of said balances as may be needed to pay contracts existing and not fully discharged at the date of this Act shall remain available for said purposes. For the purposes herein declared no appropriation made prior to July first, nineteen hundred and four, shall be construed to be a permanent specific appropriation unless by its language it is specifically and in express terms made available for use until expended.

Advances of public moneys prohibited.

SEC. 3648. No advance of public money shall be made in any case whatever. And in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment. It shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment of the public engagements.



XII Comp. Dec., 67.

Assignment of claims void, unless, etc.

SEC. 3477. All transfers and assignments made of any claim upon the United States, or of any part or share thereof, or interest therein, whether absolute or conditional, and whatever may be the consideration therefor, and all powers of attorney, orders, or other authorities for receiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assignments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an officer having authority to take acknowledgment of deeds, and shall be certified by the officer; and it must appear by the certificate that the officer, at the time of the acknowledgment, read and fully explained the transfer, assignment, or warrant of attorney to the person acknowledging the same.

United States v. Gillis (95 U. S., 407); Spofford v. Kirk (97 U. S., 484); McKnight v. United States (98 U. S., 185); Goodman v. Niblack (102 U. S., 560;

11 Op. Atty. Gen., 520; 16 id., 262); Lopez v. United States (35 Int. Rev. Rec., 31; 17 Op. Atty. Gen., 545); Price v. Forrest (173 U. S., 410).

Payment to attorney in fact holding unrevoked power of attorney executed prior to allowance of claim good as between the Government and claimant. (Bailey et al. v. United States, 109 U. S., 432; 29 Int. Rev. Rec., 420.)

This section does not apply to transfers by operation of law (Erwin v. United States, 97 U. S., 392; Butler v. Goreley, 146 U. S., 303).

Indorsement and payment of Treasury warrants. (See Dept. Cir. No. 41, Apr. 23, 1902.)

Assignment of claims-laws and decisions considered. (VI Comp. Dec., 101.) 22 Op. Atty. Gen., 637; 25 ibid., 279.

Attorneys before the Treasury Department.

[Extract from the deficiency appropriation act of July 7, 1884 (23 Stat., 258).]

SEC. 3. * ** That the Secretary of the Treasury may prescribe rules and regulations governing the recognition of agents, attorneys, or other persons representing claimants before his Department, and may require of such persons, agents, and attorneys, before being recognized as representatives of claimants, that they shall show that they are of good character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their cases. And such Secretary may, after due notice and opportunity for hearing, suspend and disbar from further practice before his Department any such person, agent, or attorney, shown to be incompetent, disreputable, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud, in any manner willfully and knowingly deceive, mislead, or threaten any claimant or prospective claimant, by word, circular, letter, or by advertisement.

Drafts in payment of claims to be delivered to claimant, and not to attorneys. (32 Int. Rev. Rec., 325.)

Regulations governing attorneys and agents practicing before the Treasury Department. (Dept. Cir. No. 13, Feb. 6, 1886; Dept. Cir. No. 94, Oct. 14, 1890; 36 Int. Rev. Rec., 327.)

Delivering warrants to attorneys. (25 Op. Atty. Gen., 279.)

Duplicate checks authorized whenever any original check is lost, stolen, or destroyed.

Sections 3646 and 3647, amended by the act of February 23, 1909. (35 Stat., 643.) Regulations No. 2, revised, page 100.

Letters, packages, etc., on Government business sent free-Penalty envelopes.

SEC. 5. [Act of Mar. 3, 1877 (19 Stat., 335).] That it shall be lawful to transmit through the mail free of postage any letters, packages, or other matters relating exclusively to the business of the Government of the United States: Provided, That every such letter or package, to entitle it to pass free, shall bear over the words "Official business" an endorsement showing also the name of the Department, and, if from a bureau or office, the names of the Department, and bureau or office, as the case may be, whence transmitted. And if any person shall make use of any such official envelope to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction.

SEC. 6. That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United

States, to provide for itself and its subordinate officers the necessary envelopes; and in addition to the endorsement designating the Department in which they are to be used, the penalty for the unlawful use of these envelopes shall be stated thereon.

15 Op. Atty. Gen., 262; 16 ibid., 455. 17 ibid., 255, 264.
As to the Philippines, 24 ibid., 534.

Section 29 of the act of March 3, 1879 (20 Stat., 355), amended by the act of July 5, 1884 (23 Stat., 156), extends the provisions of the above act to all officers of the United States Government, not including Members of Congress, except to pension agents or other officers who receive a fixed allowance for their service, including expenses for postage. Includes United States Commissioners. (17 Op. Atty. Gen., 183, 631.)

Abuse of official frank. (Circular letter, Nov. 25, 1895; 41 Int. Rev. Rec., 489.) Unlawful use of penalty envelopes. (Circular No. 344; 36 Int. Rev. Rec., 149; Circular No. 599; T. D., 319.) The right to use penalty envelopes. Fraudulent use of official envelopes. 1134.)

(T. D., 265; T. D., 833.)

(Sec. 227, act of Mar. 4, 1909, 35 Stat.,

SEC. 2. [Act of Mar. 3, 1883 (22 Stat., 563).] * *

And it shall

be the duty of the respective Departments to inclose to Senators, Representatives, and Delegates in Congress, in all official communications requiring answers, or to be forwarded to others penalty envelopes addressed as far as practicable, for forwarding or answering such official correspondence.

Inclosing envelopes with return addresses. (Act of July 5, 1884, 23 Stat., 158.)

Government to have priority in transmission of telegrams.

SEC. 5266. Telegrams between the several Departments of the Government and their officers and agents, in their transmission over the lines of any telegraph company to which has been given the right of way, timber, or station lands from the public domain shall have priority over all other business, at such rates as the PostmasterGeneral shall annually fix. And no part of any appropriation for the several Departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section.

Official telegraphing. (Dept. Cir. No. 160, Oct. 20, 1893.)

Government rates for telegraphing. (Dept. Cir. 100, Aug. 5, 1902. Regulations No. 2, revised July 1, 1908, p. 82.)

Telegrams of a personal character addressed to Office of the Commissioner of Internal Revenue must be prepaid. Where a response to such dispatches is required payment therefor must be provided for by the person in interest. (T. D., 19221, 1898.)

In addressing official telegraphic messages, it is necessary to use only the words "Commissioner Internal Revenue, Washington, D. C.," the name of the Commissioner or of a deputy commissioner being superfluous. (T. D., 444, 1901.)

Disposition of useless papers.

The Act to authorize and provide for the disposition of useless papers in the Executive Departments, approved February 16, 1889 (25 Stat., 672; 35 Int. Rev. Rec., 62; 1 Supp. R. S., 644), provides that whenever there shall be in any one of the executive departments an accumulation of papers, which are not needed or useful in the transaction of the current business, and have no permanent value or historical interest, it shall be the duty of the head of the department to submit to Congress a report of that fact, accompanied by a concise statement of the condition and character of such papers.

After destruction has been authorized by Congress, it is the duty of the head of the department to sell such papers as waste paper, after due publication, to pay the proceeds into the Treasury, and make report to Congress.

This act was amended by the sundry civil appropriation act of March 2, 1895 (28 Stat., 933), so as to include in its provisions any accumulation of files of papers of a like character therein described now or hereafter in the various public buildings under the control of the several executive departments of the Government."


Officers, clerks, and employees-Extra services-Holding two officesProhibition as to business-Penalty for prosecuting claims against the Government-Perquisites-Fees-Political contributions-Presents to superiors, etc.

President authorized to prescribe regulations.

SEC. 1753. The President is authorized to prescribe such regulations for the admission of persons into the 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.

Preference of persons disabled in military or naval service.

SEC. 1754. Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred 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.

Not repealed by the civil-service act. (Sec. 7, act Jan. 16, 1883. 22 Stat., 403.)

17 Op. Atty. Gen., 194; 27 Op. Atty. Gen., 490, July 28, 1909; Keîm v. U. S., 117 U. S., 290, affirming 33 Ct. Cls., 174.

Executive order, preference of veterans. (Int. Rev. Cir. No. 644; T. D. 681.)

The matter of capability and personal fitness is a matter of judgment for the appointing power. (19 Op. Atty. Gen., 318.)

Transfer of duties and preference of soldiers' and sallors' widows.

(19 Stat., 169.) That whenever,

SEC. 3. Act of August 15, 1876. (19 Stat., 169.) in the judgment of the head of any department, the duties assigned to a clerk of one class can be as well performed by a clerk of a lower class or by a female clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and increase the number of the clerks of the lower grade within the limit of the total appropriation for such clerical service: Provided, That in making any reduction of force 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.

Employees to be paid from specific appropriations only-Civil officers, clerks, etc., elsewhere employed not to be detalled for duty in the District of Columbia.

[Extract from legislative, executive, and judicial appropriation act, approved Aug. 5, 1882. (22 Stat., 255.)]

SEC. 4. That no civil officer, clerk, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee shall after the first day of October next be employed in any of the executive departments, or subordinate 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, and after the first day of October next, section one hundred and seventy-two of the Revised Statutes, and all other laws and parts of laws, inconsistent with the provisions of this act, and all laws and parts of laws authorizing the employment of officers, clerks, draughtsmen, copyists, messengers, assistant messengers, mechanics, watchmen, laborers or other employees at a different rate of pay or in excess of the numbers authorized by appropriations made by Congress, be, and they are hereby, repealed; and thereafter all details of civil officers, clerks, or other subordinate employees from places outside of the District of Columbia for duty within the District of Columbia, except temporary details for duty connected with their respective offices, be, and are hereby, prohibited; and thereafter all moneys accruing from lapsed salaries or from unused appropriations for salaries, shall be covered into the Treasury: Provided, That the sums herein specifically appropriated for clerical or other force heretofore paid for out of general or specific appropriations may be used by the several heads of departments to pay such force until the said several heads of departments shall have adjusted the said force in accordance with the provisions of this act; and such adjustment shall be effected before October first, eighteen hundred and eighty-two. And in making such adjustment the employees herein provided for shall, as far as may be consistent with the interests of the service, be apportioned among the several States and Territories according to population: Provided, further, That any person performing duty in any capacity as officer, clerk, or otherwise in any department at the date of the passage of this act, who has heretofore been paid from any appropriation made for contingent expenses or for any contingent or general purpose, and whose office or place is specifically provided for herein, under the direction of the head of that department may be continued in such office, clerkship, or employment without a new appointment thereto, but shall be charged to the quotas of the several States and Territories from which they are respectively appointed

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