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PROVISIONS RELATING TO THE PUBLIC SERVICE

IN GENERAL.

OFFICERS, CLERKS, AND EMPLOYEES.

REV. ST. SEC. 161.

Departmental regulations.

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.

REV. ST. SEC. 173.

Chief clerks to supervise subordinate clerks.

SEC. 173. Each chief clerk in the several Departments, and Bureaus, and other offices connected with the Departments, shall supervise, under the direction of his immediate superior, the duties of the other clerks therein, and see that they are faithfully performed.

REV. ST. SEC. 174.

Chief clerks to distribute duties and report on defects in business.

SEC. 174. Each chief clerk shall take care, from time to time, that the duties of the other clerks are distributed with equality and uniformity, according to the nature of the case. 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.

REV. ST. SEC. 175.

Duty of superior officer on receipt of report of chief clerk.

SEC. 175. 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.

REV. ST. SEC. 176.

Appointment and bonds of disbursing clerks.

SEC. 176. The disbursing clerks authorized by law in the several Departments shall be appointed by the heads of the respective De

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partments, 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.

Statements and receipts for all moneys expended by disbursing clerks are required by Rev. St. sec. 193, set forth on p. 315, post, under "Estimates and Reports."

Inspection of books, papers, etc., of disbursing officers by accounting officers of the Treasury Department, is authorized by act February 19, 1897, c. 265, s. 1, set forth on p. 339, post, under "Public Moneys and Accounting."

REV. ST. SEC. 3614.

Bonds of special agents for disbursement of public moneys.

* *

SEC. 3614. Whenever it becomes necessary for the head of any Department or office to employ special agents, who may be charged with the disbursement of public moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employing them may

approve.

Provisions for the examination and renewal of official bonds, in act March 2, 1895, c. 177, are set forth on p. 299, post.

ACT MARCH 4, 1909, c. 299. (35 Stat. 945.)

Acting disbursing officer in case of sickness or unavoidable absence of disbursing clerk or disbursing agent in departments, etc., at Washington. SEC. 8. 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.

Act March 4, 1909, c. 299, s. 8, 35 Stat. 1027.

This section is part of the sundry civil appropriation act for the fiscal year 1910, cited above.

REV. ST. SEC. 177.

Vacancies in headships of departments; how temporarily filled.

SEC. 177. In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such head until s successor is appointed, or such absence or sickness shall cease.

Rev. St. sec. 179, mentioned in this section, is set forth below.

REV. ST. SEC. 178.

Vacancies in subordinate offices; how temporarily filled.

SEC. 178. In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease.

Rev. St. sec. 179, mentioned in this section, is set forth below.

REV. ST. SEC. 179.

Discretionary authority of the President to fill vacancies.

SEC. 179. In any of the cases mentioned in the two preceding sections, except the death, resignation, absence, or sickness of the Attorney-General, the President may, in his discretion, authorize and direct the head of any other Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease.

REV. ST. SEC. 180.

Temporary appointments to fill vacancies, limited to thirty days.

SEC. 180. A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding sections for a longer period than thirty days.

Rev. St. sec. 180, as amended by act February 6, 1891, c. 113, 26 Stat. 733.

REV. ST. SEC. 181.

Restriction on temporary appointments to fill vacancies.

SEC. 181. No temporary appointment, designation, or assignment of one officer to perform the duties of another, in the cases covered by sections one hundred and seventy-seven and one hundred and seventyeight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate.

Rev. St. secs. 177 and 178, mentioned in this section, are set forth above.

REV. ST. SEC. 182.

Officers appointed to temporary vacancies not entitled to extra compensation.

SEC. 182. An officer performing the duties of another office, during a vacancy, as authorized by sections one hundred and seventy-seven, one hundred and seventy-eight, and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attached to his proper office.

Rev. St. secs. 177, 178, and 179, mentioned in this section, are set forth above.

REV. ST. SEC. 163.

Classification of department clerks.

SEC. 163. The clerks in the Departments shall be arranged in four classes, distinguished as the first, second, third, and fourth classes.

The salaries of clerks of the four classes and of other employees in the departments, are fixed by Rev. St. sec. 167, set forth on p. 283, post. Provisions authorizing the heads of departments to alter the distribution of clerks among the various bureaus and offices of their departments, and to reduce the force employed, are contained in Rev. St. sec. 166, set forth on p. 279, post.

REV. ST. SEC. 164.

Examinations for appointments to department clerkships.

SEC. 164. No clerk shall be appointed in any Department in either of the four classes above designated, until he has been examined and found qualified by a board of three examiners, to consist of the chief of the Bureau or office into which such clerk is to be appointed and two other clerks to be selected by the head of the Department.

Provisions, more comprehensive in their scope than those of this section, for examinations for testing the fitness of applicants for the public service, and for appointments and promotions as the results of such examinations, are contained in act January 16, 1883, c. 27, set forth below.

ACT JANUARY 16, 1883, c. 27. An act to regulate and improve the civil service of the United States. (22 Stat. 403.)

Civil Service Commission; appointment.

That the President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as Civil Service Commissioners, and said three commissioners shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States.

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Act January 16, 1883, c. 27, s. 1, 22 Stat. 403.

Preparation of rules; duty of department officers to aid in carrying out rules; provisions of rules.

SEC. 2. That it shall be the duty of said commissioners:

FIRST. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modification thereof, into effect.

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