He shall revise such distribution from time to time, for the purpose of correcting any tendency to undue accumulation or reduction of duties, whether arising from individual negligence or incapacity, or from increase or diminution of particular kinds of business. And he shall report monthly to his superior officer any existing defect that he may be aware of in the arrangement or dispatch of business. Sec. 174, R. S.

22. Action on report.-Each head of a Department, chief of a Bureau, or other superior officer, shall, upon receiving each monthly report of his chief clerk, rendered pursuant to the preceding section, examine the facts stated therein, and take such measures, in the exercise of the powers conferred upon him by law, as may be necessary and proper to amend any existing defects in the arrangement or dispatch of business disclosed by such report. Sec. 175, R. S.

in which Executive discretion may be used, still there exists and can exist no power to control their discretion. The subjects are political. They respect the nation, not individual rights, and being intrusted to the Executive, the decision of the Executive is conclusive. * * The conclusion is that where the heads of Departments are the political or confidential agents of the Executive, merely to execute the will of the President, nothing can be more perfectly clear than that their acts are only politically examinable. (Marbury v. Madison. 1 Cr., 137, 166; Kendall v. U. S., 12 Pet., 524, 611; Decatur v. Paulding, 14 Pet., 497, 515.) We are not aware of any case in England or this country in which it has been held that a public officer, acting to the best of his judgment and from a sense of duty, in a matter of account with an individual, has been held liable for an error of judgment. * A public officer

is not liable to an action if he falls into error in a case where the act to be done is not merely a ministerial one but is one in relation to which it is his duty to exercise judgment and discretion, even though an individual may suffer by his mistake. A contrary principle would indeed be pregnant with the greatest mischiefs. (Kendall v. Stokes, 3 How., 87, 98; Gould v. Hammond, 1 McAll., 235, 243; Noble v. Union River Logging Co., 147 U. S., 165, 171.)

A ministerial duty the performance of which may in proper cases be required of the head of a Department by judicial process is one in respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist and imposed by law. (Mississippi v. Johnson, 4 Wall., 475, 498; Marbury v. Madison, 1 Cr., 137; Kendall v. Stockton, 12 Pet., 524.) As a mandamus can only be granted because there is no other adequate remedy at law, an action for damages can not be afterwards sustained for the same cause of action, the two being inconsistent. (Kendall v. Stokes, 3 How., 87, 102.)

Liability for damages.-The executive officers of the United States are personally liable at law for damages, in the ordinary forms of action, for illegal official or ministerial acts or omissions to the injury of an individual. (Marbury v. Madison, 1 Cr., 137, 166; Gaines v. Thompson, 7 Wall., 347; Amy v. The Supervisors, 11 Wall., 136, 137, 166.) Where a ministerial officer acts in good faith he is not liable in exemplary damages for an injury done, but he can claim no further exemption where his acts are clearly against the law. (Tracy v. Swartwout, 10 Pet., 80.)

Measure of damages.-Where the law requires absolutely a ministerial act to be done by a public officer, and he neglects or refuses to do such act, he may be compelled to respond in damages to the extent of the injury arising from his conduct. A mistake as to his duty and honest intentions will not excuse the offender. (Amy v. The Supervisors, 11 Wall., 136.) Where an action is brought for an injury done in the discharge of an official duty, the damages are measured generally by the extent of that injury. (Bispham v. Taylor, 2 McLean, 408; Pierce v. Strickland, 2 Story, 292.)

23. Disbursing clerks-Appointments and bonds.-The disbursing clerks authorized by law in the several Departments shall be appointed by the heads of the respective Departments, from clerks of the fourth class; and shall each give a bond to the United States for the faithful discharge of the duties of his office according to law in such amount as shall be directed by the Secretary of the Treasury, and with sureties to the satisfaction of the Solicitor of the Treasury; and shall from time to time renew, strengthen, and increase his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except the disbursing clerk of the Treasury Department, must, when directed so to do by the head of the Department, superintend the building occupied by his Department. Each disbursing clerk is entitled to receive, in compensation for his services in disbursing, such sum in addition to his salary as a clerk of the fourth class as shall make his whole annual compensation two thousand dollars a year. Sec. 176, R. S.

24. Same-Bond to cover acts of disbursing clerks.-In case of the sickness or unavoidable absence of any disbursing clerk or disbursing agent of any executive department, independent bureau, or office, in Washington, District of Columbia, he may, with the approval of the head of the department, independent bureau, or office, in which said disbursing clerk or agent is employed, authorize the clerk of highest grade employed therein to act in his place, and to discharge all the duties by law or regulations of such disbursing clerk or agent. The official bond given by the principal of the office shall be held to cover and apply to the acts of the person appointed to act in his place in such cases. Such acting officer shall, moreover, for the time being, be subject to all the liabilities and penalties prescribed by law for the official misconduct in like cases, of the disbursing clerk or disbursing agent, respectively, for whom he acts, and such acting officer shall be required by the head of the department, independent bureau, or office, to give bond to and in such sum as the disbursing clerk or disbursing agent may require. Sec. 8, Act of Mar. 4, 1909 (35 Stat. 1027).

25. Authority to employ.-Each head of a Department is authorized to employ in his Department such number of clerks of the several classes recognized by law, and such messengers, assistant messengers, copyists, watchmen, laborers, and other employees, and at such rates of compensation, respectively, as may be appropriated for by Congress from year to year. Sec. 169, R. S., Act of Mar. 3, 1875 (18 Stat. 360, 361).

26. Same-Appointment of women.-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 compensations, as are prescribed for men. Sec. 165 R. S.

27. Same-Restrictions.-The executive officers of the Government are hereby prohibited from employing any clerk, agent, engineer, draughtsman, messenger, watchman, laborer, or other employee, in any of the Executive Departments in the city of Washington, or elsewhere beyond provision made by law. Sec. 5, act of Aug. 15, 1876 (19 Stat. 169).

28. Same-From specific appropriations only. 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. Sec. 4, Act of Aug. 5, 1882 (22 Stat. 255).

29. Details for duty in the District of Columbia.-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. Sec. 4, Act of Aug. 5, 1882 (22 Stat. 255).

30. Same. Hereafter it shall be unlawful to detail civil officers, clerks, or other subordinate employees who are authorized or em

ployed under or paid from appropriations made for the military or naval establishments, or any other branch of the public service outside of the District of Columbia, except those officers and employees whose details are now especially provided by law, for duty in any bureau, office, or other division of any Executive Department in the District of Columbia, except temporary details for duty connected with their respective offices. Sec. 6, Act of June 22, 1906 (34 Stat. 449).

31. Same. No clerk, messenger, or laborer at headquarters of divisions, departments, posts commanded by general officers, or office of the Chief of Staff shall be assigned to duty with any bureau in the War Department. Act of Aug. 24, 1912 (37 Stat. 573).

32. Same-Penalty.—That any person violating section four of the legislative, executive, and judicial appropriation Act approved August fifth, eighteen hundred and eighty-two (Statutes at Large, volume twenty-two, page two hundred and fifty-five), shall be summarily removed from office, and may also upon conviction thereof be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year. Sec. 5, Act of Aug. 23, 1912 (37 Stat. 414).

33. Details from Government Printing Office.-Hereafter no employee of the Government Printing Office shall be detailed to duties not pertaining to the work of public printing and binding in any executive department or other government establishment unless expressly authorized by law. Sec. 1, Act of June 25, 1910 (36 Stat. 770).

34. Details within a Department.-Each head of a Department may, from time to time, alter the distribution among the various bureaus and offices of his Department, of the clerks and other employees allowed by law, except such clerks or employees as may be required by law to be exclusively engaged upon some specific work, as he may find it necessary and proper to do, but all details hereunder shall be made by written order of the head of the Department, and in no case be for a period of time exceeding one hundred and twenty days: Provided, That details so made may, on expiration, be renewed from time to time by written order of the head of the Department, in each particular case, for periods of not exceeding one hundred and twenty days. All details heretofore made are hereby revoked, but may be renewed as provided herein. Sec. 166, R. S., as amended by Sec. 3, Act of May 28, 1896 (29 Stat. 179).

35. Transfers-Lump sum appropriations.-No part of any money contained herein or hereafter appropriated in lump sum shall be available for the payment of personal services at a rate of compensation in excess of that paid for the same or similar services during the preceding fiscal year; nor shall any person employed at a specific salary be hereafter transferred and hereafter paid from a lump-sum appropriation a rate of compensation greater than such specific

salary, and the heads of departments shall cause this provision to be enforced: Provided, That this section shall not apply to mechanics, artisans, their helpers and assistants, laborers, or any other employees whose duties are of similar character and required in carrying on the various manufacturing or constructing operations of the Government. Sec. 4, Act of Mar. 4, 1913 (37 Stat. 790).

36. Transfers between departments.-It shall not be lawful hereafter for any clerk or other employee in the classified service in any of the Executive Departments to be transferred from one Department to another Department until such clerk or other employee shall have served for a term of three years in the Department from which he desires to be transferred. Sec. 5, Act of June 22, 1906 (34 Stat. 449).

37. Voluntary service.-Nor shall any Department or any officer of the Government accept voluntary service for the Government or employ personal service in excess of that authorized by law, except in cases of sudden emergency involving the loss of human life or the destruction of property.1 Act of Feb. 27, 1906 (34 Stat. 49).

38. Civil pension roll. The establishment of a civil pension roll, or an honorable service roll, or the exemption of any of the officers, clerks, and persons in the public service from the existing laws. respecting employment in such service is hereby prohibited. Sec. 4, Act of Feb. 24, 1899 (30 Stat. 890).

[Section 2 of the act of June 2, 1900 (31 Stat., 261), contained a similar requirement.]

39. Payments to incapacitated persons.-The appropriations herein made for the officers, clerks, and persons employed in the public service shall not be available for the compensation of any persons. incapacitated otherwise than temporarily for performing such serv

ice.2

Sec. 3, Act of Mar. 4, 1913 (37 Stat. 790).

40. Efficiency ratings-Promotions, reductions, or removals.-The Civil Service Commission shall, subject to the approval of the President, establish a system of efficiency ratings for the classified service in the several executive departments in the District of Columbia based upon records kept in each department and independent establishment with such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by provisions of the civil service rules. Copies of

1 See 30 Ops. Atty. Gen. 51; 125 U. S. 273, 305. See also sec. 1195. "This provision will be found in all of the recent appropriation acts for the legislative, executive, and judicial expenses of the Government.